CHAPTER 185

AN ACT to amend and reenact § $7-186.1 of the Code of Virginia, relating
to proceedings to determine legal competency, so as to fix the juris-
diction of certain courts in the city of Richmond with respect to such

roceedings.
P 9 [H 365]
Approved February 29, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 37-186.1 of the Code of Virginia be amended and reenacted
as follows: oo,

§ 37-136.1. Any judge of a court of record, when any person in his
county or city is alleged to be legally incompetent because of mental ill-
ness or mental deficiencies, upon the written complaint and information
of any respectable citizen, shall issue his warrant, ordering such person
to be brought before him. The judge or justice may issue the warrant on
his own motion. .

If a person is in a mental hospital under legal commitment and he is
found by the superintendent thereof after observation and examination
to be mentally ill to such a degree that the superintendent believes him to
be legally incompetent, the circuit court of the county or corporation or
circuit court of the city of his residence, or the Chancery Court of the city
of Richmond if he * resides, in that city, north of the James River or
upon an island in such river, or the Husting Court of the city of Richmond,
Part Two, if he resides, in that city, south of the James River, after
reasonable notice to such person, shall, on the sworn certificate of the
superintendent that such person is believed to be legally incompetent due
to either mental illness or mental defectiveness or upon such other evidence
as the court may deem proper and require, determine if the person is
legally incompetent because of mental illness or mental deficiencies.

The court, or jury, if one be requested, shall determine if the person
is legally incompetent because of mental illness or mental deficiencies. For
this purpose the court shall and the person may summon witnesses to
testify under oath as to the condition of such person.

If the court finds the person to be legally incompetent because of
mental illness it shall adjudicate that person to be insane. If the court
finds the person to be legally incompetent because of mental deficiencies
it shall adjudicate that person to be feeble-minded.

The person shall have the right to appeal to the Supreme Court of
Appeals if he be adjudicated insane or feeble-minded.