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, 

matter in the 

the above subject 

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 daughter 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 l ocompany 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 roluntary 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 warrant f'or the apprOheAsiOA oi eubh perBOA, 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 mrraAt 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: 
., . 

Honorable L. ka&eahUe$ - p&i 3 : 

78 

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 returned 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 inditidual 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