As Amended
SEC. 41-45-5. Service of copy of petition and notice.
A copy of the petition must be served upon the inmate, together with a notice in writing designating the time and place in the said institution, not less than thirty days after the presentation of such petition to the board of trustees of mental institutions, when and where said board may hear and act upon such petition. A copy of the said petition and notice shall also be served upon the legal guardian of the said inmate, if such guardian be known to the director, and if there be no legal guardian known to said director, then upon the next of kin of said inmate, if the next of kin be an adult and known to the said director. If there be no such guardian or next of kin or none such be known to the said director, then the said director shall apply to the chancery court of the county in which the said institution is located, or to the judge thereof in vacation, who, by a proper order entered in the minutes of said court, shall appoint some suitable person to act as guardian of the said inmate during and for the purposes of proceeding under this chapter, to defend the rights and interests of said inmate. The guardian so appointed shall be paid by the said institution a fee of not to exceed ten dollars to be fixed by the judge of said court for his services under said appointment, and such guardian shall be served likewise with a copy of the aforesaid petition and notice. Such guardian may be removed or discharged at any time by the said court, or the judge thereof in vacation, and a new guardian appointed and substituted in his place. If the said inmate be an infant having a living parent or parents whose names and addresses are known to the said director, they or either of them, as the case may be, shall be served likewise with a copy of the said petition and notice.
SOURCES: Codes, 1930, Sec. 4603; 1942, Sec. 6958; Laws, 1928, ch. 294.