§ (1) Upon the presentation of the petition the sheriff shall, unless cause to the contrary shall be shown to his satisfaction, grant warrant to cite the person to whom the petition relates to appear personally to show cause why an order should not be made against him.
§ (2) The sheriff may before disposing of the petition adjourn the case for such time as he shall fix in order that evidence may be adduced or further information may be procured, and he may remit to any suitable person to make such inquiries as the sheriff shall direct and to report to the sheriff, or may remit to a suitable person to visit and examine the person to whom the petition relates, or to take evidence on commission, and may order the person to whom the petition relates to submit himself to medical examination; or the sheriff may himself visit the person or take such other means as he shall think appropriate, in order to satisfy himself as to the expediency of granting or refusing the petition.
§ (3) Proceedings before the sheriff may in any case if the sheriff thinks fit, and shall, if so desired by the person to whom the petition relates, be conducted in private, and in that case no one except the petitioner, the person to whom the petition relates, any two persons appointed for the purpose by the person to whom the petition relates, and the persons signing the medical certificates and the statutory declaration accompanying the petition shall, without leave of the sheriff, be allowed to be present.
§ (4) If the sheriff is satisfied that the person to whom the petition relates is a defective, and is also satisfied that he is subject to be dealt with under this Act, the sheriff may make an order either ordering him to be sent to an institution, or appointing a suitable person to be his guardian, and the order shy11 state the class of defectives to which belongs, and the circumstances which render him subject. to be dealt with under this Act: Provided that where the petition is not presented by the parent or guardian the order shall not be, made without the consent of the parent or guardian unless, in the opinion of the sheriff, such consent is unreasonably withheld, and the withholding of such consent is calculated to prejudice the best interests of the defective; and provided further that nothing in 1680 this Section shall prevent an order bung made, notwithstanding that the person to whom the petition relates does not appear to the sheriff to belong to the class of defectives to which he is in the petition alleged to belong.
§ (5) The sheriff shall, in the exercise of the jurisdiction conferred by this Act, have the same jurisdiction, and the same power as regards the summoning and examination of witnesses, the administration of oaths, the awarding of expenses, and otherwise as if he were acting in the exercise of his ordinary jurisdiction.
§ Amendments made: In Sub-section (4), after the word "guardian" ["guardian unless"], insert the words "unless the sheriff is satisfied that the parent or guardian cannot be found or."—[Mr. McKinnon Wood.]
§ In Sub-section (5) after the word "ordinary" ["ordinary jurisdiction"] insert the word "civil."
§ Clause, as amended, added to the Bill.