patient is that he is being illegally detained in St. Elizabeths Hospital to which he was transferred pursuant to order of this Court on April 18, 1967 which was the same date that the petition for judicial hospitalization was filed.
It appears from the records in this case that on March 24, 1967 Howard Perry was taken into custody by Dr. Blount as result of application made by Dr. Charles Mosee, a licensed physician in the District of Columbia. The application by Dr. Mosee was pursuant to § 21-521 of the District of Columbia Code, 1961 (Supplement V 1966). Thereafter the patient was examined, admitted and detained in the District of Columbia General Hospital for purposes of emergency observation and diagnosis as provided by § 21-522. However, no written petition was filed with this Court for an order authorizing detention in excess of 48 hours of the patient, Howard Perry, for emergency observation and diagnosis as provided for in § 21-523 of the Code. As noted, the petition for judicial hospitalization was not filed with this Court until April 18, 1967, almost four weeks after the patient, Howard Perry, was admitted to the District of Columbia General Hospital for emergency hospitalization. The patient contends that the petition for judicial hospitalization should be dismissed in light of these facts.
Section 21-523 of the 1961 District of Columbia Code (Supplement V 1966) provides:
A person admitted to a hospital under section 21-522 may not be detained in the hospital for a period in excess of 48 hours from the time of his admission, unless the administrator of the hospital has, within that period, filed a written petition with the court for an order authorizing the continued hospitalization of the person for emergency observation and diagnosis for a period not to exceed 7 days from the time the order is entered.