Chap. 164.—An ACT to amend and re-enact section 1029 of the Code of Vir-
ginia in relation to testing the legality of detention of persons adjudged
insane, epileptic, feeble-minded or inebriate. {SB 143]

Approved March 10, 1920.

1. Be it enacted by the general assembly of Virginia, That section
one thousand and twenty-nine of the Code of Virginia be amended and
re-enacted so as to read as follows:

Sec. 1029. Adjudged insane, epileptic, feeble-minded or inebriate
person may test the legality of his detention. Any person held in cus-
tody as insane, epileptic, feeble-minded or inebriate, may by means of
a writ of habeas corpus have the question of the legality of his deten-
tion and of his condition determined by a court of competent juris-
diction. If such person be held in custody and actually confined -in
any hospital or colony, or other institution, he may file his petition
in the circuit court of the county or the circuit or corporation court
of the city in which such hospital or colony, or other institution 1s
located or in the circuit court of the county or the circuit or the cor-
poration court of the city of the county or city adjoining the county
and city in which such hospital or colony or institution is located,
or before the judge thereof in vacation, and upon such petition after
notice to the authorities of the hospital or colony, or institution -in
which he is confined after having been adjudged insane, epileptic,
feeble-minded or inebriate, such court or judge-thereof in vacation
shall in some court-room of such county or city, or in some other
convenient public place in such county or city determine whether
such person be sane or insane, epileptic, feeble-minded or inebriate.

In all other cases such person may file his petition in the. circuit
court of the county or the corporation court of the city in which he
resides, or in which he was adjudged insane, epileptic, feeble-minded
or inebriate, or before the judge thereof in vacation and* upon such
petition, after notice to the authorities of the hospital or colony or
to the person claiming the right to the custody of such adjudged
insane, epileptic, feeble-minded or inebriate person, such court or
judge thereof in vacation shall determine whether such person be
sane or insane, epileptic, feeble-minded or inebriate. .

In any case to test the legality of the detention of a person ad-
judged insane, epileptic, feeble-minded or inebriate, whether by habeas
corpus or otherwise, the attorney for the Commonwealth of the
county or city in which the hearing is had shall on request of the
superintendent of the hospital or colony having or claiming custody
of such person represent the Commonwealth in opposition to .anv
such petition, appeal or procedure for the discharge of such persons
from custody, and shall be paid a fee of ten dollars for each such
case in which he so appears, which amount the auditor of public
accounts shall pay to such attorney: for the Commonwealth, upon the
presentation by him of certificate from such superintendent and judge
that he has rendered such service, out of funds appropriated to pay
the criminal expenses of the State.

2. An-emergency existing in the need for the expedition of cases
affected hereby this act shall be in force from its passage.