OFFICE OF THE ATTORNEY GENERAL OF TEXAS. b
AUSTIN
Honorobl e L. Yaokeohnq, tmperint endent :
Uiahit8 Palle Mate Hospital
Box mo .
Habit8 Palle, Pexar
the disoharge of
tary patient,
the above subject
matter in the
cted by the Board
all our'roluntary
here longer than,
em readmItted by
this patient's relatireo do not nor live in
Tarroat Couaty,, and the patient ia not here,
I doubt:if S bare )uriodiotiOn to try the
6a8e in this a0untf.f
*Our next letter =a8 mriiten te Yr.'@.s.
Cloyd of iiereford, Texas, who is then father
of our patient, orrd amk him to ha90 hla daugh-
ter re-committed by jury trial. Judge Ored
Ponorable h. Yaokeohney - page 2
X.Baird of Do& BmithCOunty informs
us that rinse hias ,Cloyd did.AOt locom-
pany her S&her te Deaf smith County
rhen he established resideAOe there,
that he rtiuld hare no jurisdiction in
tgi4 oaae.
We are at a loss PI to what aounty
should try this patient. lot only hare
me had this trouble with Miae Cloyd'u
ease, but with several of our othsr rol-
untary patienta.@
Xour inquiry in onsrered by the prori,aions
of mtiole gddla, kkeviwhi Civil tstatutee, Vernon*4
Codlfioation, as follorr:
*If information in writing under
oath be given to any county Judge that
any person in his oounty, not aharged
with a ariminal oitenae, is a person o?
unsound mind, and that the welfare OP
either auoh person or any other person
er pwaons requires that he be placed
under restraitlt, and euch county Judge
shall believe such iA?ormatioA to be
true, he shall forthwith issue a war-
rant f'or the apprOheAsiOA oi eubh per-
BOA, or, if such like information be
given to any justPoe of the peaoe IA
such oouAtf, mid justiae may issue a
rarrant for the appreheaaioA of said
person, making said ooA@aint and mr-
raAt returnable to,tho oouaty court of
said aouaty, and~said county judge in
either event shall fix a time and plaoe
for the hearing and determination of
the matter, either in tore tiaie or in
vacation, rbioh plaoe shall be either
at the court house of the county, or at
the resideme of the person named, or
at any other place in the county, Abe
the oounty judge may deem best for such
hearing. Potioe at the time, place aAd
:
(I:
78
., .
Honorable L. ka&eahUe$ - p&i 3 :
purpose oi ruoh heariag shall be served
upon tha person charged, such Aotloe to
be Under the haad 4nd seal of the oouAt9
olerk or.eaid oounty, and served and re-
turned by th0 Sheriff or a COAtStable Of
such coUnty, and the return to stat.4 the
time and place of aemioe~ 8uoh notite
4hall be 8erred not 1404.than three da94
prior to the day of hearing.'
This Seation, when eonaidered as it should
be in the.light of the rsaaining-portion of the Artiole,
indicrate4 that the proseeding should be iA4tituted and
maintained in the oounty wherein the person: 4ought to
be adjudged IS theA to be found.
The juriediotion is thus given to the OOUAtp
wherein 4uob per4on may be round, in the interest of
expediting the matter not only for the sake oi the in-
ditidual primarily ooncerned, but likexi4e of other4 as
well.
IA Opinion go, -O-4988 this Department held that
#the per4oA mought to b4 charged with lunae9 must be
phy4ioally preeent within the county (of'the PrOCeediAg)
at the time of the making or the 1Aformation.s
It 14 not, therefore, a question of the dondcile,
legal or aotual residanoe rhatsoeter of the person thus
charged; on the contrary, it is a question of' the preSeAae
of auoh person within the juri8diCtiOA -- county -- of,the
court whose duty it is to determine such queotion.
001s gpeer
Assistant