ing no settle SECT. 19. When it appears on application in writing to any two jus- Lunatics havtices of the peace, one of whom shall be of the quorum, or to a police ment may be court, that a person having no known settlement within this state is in- sent to state sane, such justices or court shall commit such person to one of the state 1856, 108, § 1. lunatic hospitals. hospital. 1856, 108, § 6. 4223 1862 Presence of lu SECT. 20. In cases under the preceding section, magistrates, officers, Fees of magisand witnesses, shall receive the same fees and compensation for services, trates, &c. attendance, and travel, as are allowed by law for like services in criminal proceedings, to be taxed, allowed, and paid in the same manner. SECT. 21. Upon every application for the commitment of a person as a lunatic to any hospital, the provisions of section ten shall be complied with, and the presence of the lunatic at the hearing may be required or dispensed with, in the discretion of the court, judge, or justices. natic may be re- 1855, 464. 1858, 64. Town paupers, rates to be ad- 1 Gray, 514. SECT. 22. Any lunatic who is supported as a pauper by any place, may be committed by the overseers of the poor thereof to either of said &c., at what hospitals, with the consent of the trustees, and shall be kept for a sum mitted. not exceeding the actual expense of his support; and the trustees may in their discretion receive into the hospital, for a less sum, any poor persons suffering under recent insanity, whether supported or not by any city or town. whom paid and 1837, 228, § 7. 1857, 209. Met. 1. 5 9 Cush. 585. Gray, 390. SECT. 23. The expenses of said hospitals for the support of lunatics, Expenses of lucommitted by any of the judicial officers mentioned in this chapter, or known settlenatics having by virtue of a proclamation of the governor, or by a resolve of the legis- ments, by lature, shall be paid by the place in which such lunatics had their resi- how recovered. dence at the time of their commitment, unless other sufficient security R. S. 48, § 9. to the satisfaction of the trustees is taken for such support. If any place neglects or refuses to pay whatever sum may be charged and due accord- 3 ing to the by-laws of the hospital on account of the support of any such patient therein, or for the removal of any patient whom the trustees are authorized by law to remove, for thirty days after the same has been demanded by the treasurer in writing of the mayor and aldermen or selectmen of the city or town liable therefor, the same, with interest from the time of such demand, may be recovered for the use of the hospital in an action in the name of the treasurer against such delinquent city or town; but if it is made to appear that the lunatic for whom payment is demanded has no settlement within this state, the city or town of his residence shall not be liable for the expense incurred on his account. Expenses of lu- R. S. 48, § 11. 1857, 209. 1858, 161. SECT. 24. The expenses of the hospitals for the support of lunatics not having known settlements in this state committed thereto, shall be paid by the commonwealth at the same rates charged for other lunatics residing therein not exceeding two dollars and fifty cents a week for each lunatic, and the same may afterwards be recovered by the treasurer of the commonwealth of the lunatics themselves, if of sufficient ability to pay the same, or of any kindred obligated by law to maintain them, 1859, 107, § 2. or of the place of their settlement, if any such within the state is ascertained; and the district-attorneys or other prosecuting officers shall institute suits therefor when requested. But this section shall not apply to cases where support was furnished to persons before the twenty-third day of June in the year eighteen hundred and fifty-seven. SECT. 25. Every city and town paying expenses for the support or towns for exremoval of a lunatic committed to either hospital, shall have like rights penses of lunaand remedies to recover the full amount thereof, with interest and cost, tics committed to hospitals. of the place of his settlement, as if such expenses had been incurred in R. S. 48, § 10. the ordinary support of the lunatic; and the lunatic, if of sufficient 1841, 77. ability to pay the same, and any kindred obligated by law to maintain 9 Cush. 585. hra, shall be liable for all such expenses paid by any city or town in either case. Remedy of 18 Pick. 379. SECT. 26. The governor may at any time cause to be removed from one of said hospitals to either of the others, such of the inmates thereof as circumstances or the necessities of the case may in his judgment require. SECT. 27. If at any time all said hospitals are so full that the inmates cannot all be suitably accommodated therein, and in the opinion of the trustees of either hospital it is proper that some should be removed, the trustees may remove to the jails or houses of correction in the respective counties from which such lunatics were sent, so many as may be necessary to afford suitable accommodation for the remainder. In making selections for such removal the trustees shall, when other circumstances are equal, select foreigners before citizens, and among citizens those who in their opinion are least susceptible of improvement at the hospital; and the lunatics so removed shall be subject to the order and direction of the commissioners of said counties respectively. SECT. 28. The city of Boston, town of Nantucket, or any county, may recover expenses incurred for the support of lunatics removed under the preceding section, of the lunatic or any kindred obligated by law to maintain him, and shall have like rights and remedies to recover the full amount of such expenses against the place of his settlement as towns have against each other to recover the expenses of supporting If the lunatic has no settlement in this state, and such expaupers. penses are not paid by himself or his kindred, said city, town, or county, shall be indemnified by the commonwealth provided, that the sum to be paid by the commonwealth shall in no case exceed two dollars and fifty cents per week for a term less than thirteen weeks; two dollars and twenty-five cents per week for any term exceeding thirteen weeks and less than twenty-six weeks; two dollars per week for any term exceeding twenty-six weeks and less than one year; nor be more than at the rate of one hundred dollars per year for any term of one year and upwards; nor more in any case than the amount actually paid out and expended for the support of such state lunatic pauper. SECT. 29. Any two trustees of either hospital, or either of the justices of the supreme judicial court or superior court, at any term held within and for the county in which the hospital is located, may, on application in writing for that purpose, discharge from confinement, after the cause of such confinement has ceased, any lunatic committed thereto. The trustees may also remove any idiot or other patient to the place where the judge or court committing him shall certify that he resided, when in their opinion he ceases to be dangerous and is not susceptible of mental improvement by remedial treatment at the hospital, if such place shall not remove him after reasonable notice in writing from the trustees. SECT. 30. Any justice of the supreme judicial court or superior court, at any term held within and for the county in which either hospital is located, or the judge of the probate court of such county, may on appli cation in writing for the discharge from such hospital of any lunatic who has remained there a sufficient time to make it appear that he is incura ble, cause him to be delivered to the agents of any place in which he has his legal settlement, or to his friends when it appears that it would not be to his injury, and that he would be comfortably and safely provided for by any parent, kindred, friend, master, or guardian, or by the place of his legal settlement. When request for the purpose is made in writing by any person interested in such discharge, the judge before whom the trial is to be held shall issue a warrant to the sheriff of the county or his deputy, directing him to summon a jury of six lawful men to hear and determine the question whether such lunatic is incurable, and may be comfortably and safely provided for according to the terms of this section; the proceedings shall be the same in selecting the jurors, conducting the trial, and allowing the costs, as are provided in sections twelve, thirteen, fourteen, fifteen, and sixteen. if not comforta committed. SECT. 31. If after the discharge of an incurable lunatic under the After removal, preceding section, it is made to appear on complaint by any person un- bly supported, der oath to the judge of the probate court for the county in which the &c., may be relunatic has his legal settlement or is placed, that he is not comfortably 1839, 149, § 2. supported, or that the public safety is endangered by him, said judge shall order his recommitment to said hospital. And the same proceedings may be had in determining these questions by a jury, upon the request of any person interested therein made in writing to said judge, as are provided in the preceding section. furnish cloth ing, &c. SECT. 32. No pauper shall be discharged from either hospital with- Trustees may out suitable clothing; and the trustees may furnish the same at their discretion, together with such sum of money, not exceeding twenty dol- R. S. 148, § 13. lars, as they may deem necessary. persons, &c., to SECTION 1. There shall be in each county within the precincts of County receptathe house of correction, or if in the judgment of the county commis- cles for insane sioners it cannot be conveniently provided within the same, then in be provided, &c. some other building or buildings to be deemed a part of the house of 1836, 223, §1; 1842, 100, §§ 1, 2. correction, a convenient apartment or receptacle for the confinement 5 Met. 51. of insane persons not furiously mad. ions for the R. S. 143, § 16. SECT. 2. The county commissioners of the county of Essex shall ap- Special provispoint a superintendent and matron for the receptacle in that county, county of Esand all persons confined therein shall be under the care and custody of sex. said superintendent; who shall keep a record of all commitments and 1840, 151, § 2. discharges, and receive a reasonable compensation for his services. Said county shall have the same remedies for the expenses of the care and support of such persons, as are provided for keepers and masters of houses of correction for the maintenance of prisoners committed to houses of correction. state hospitals SECT. 3. All insane persons removed from either state lunatic hos- Persons repital by order of the trustees thereof, pursuant to any provisions of law moved from which require persons so removed to be confined in the jails or houses to jails, &c., of correction of any county, shall be confined in said receptacles when confined. established. where to be 1846, 154, § 5. mit insane per SECT. 4. When it appears on representation in writing to two jus- Who may comtices of the peace, one of whom shall be of the quorum, or to a police sons not furicourt, that any person having a known settlement in this state is an ously mad, &c. 1836, 223, § 2. Party entitled Support of persons confined. 30. 1836, 223, § 2. 5 Met. 54. insane person not furiously mad, said justices or court may order him to be committed to the county receptacle aforesaid; and at the hearing upon such representation the presence of the insane person may be required or dispensed with in the discretion of the justices or court. SECT. 5. When any representation is made under the provisions of the preceding section, said justices or court shall upon the request of the person complained against issue a warrant to the sheriff of the county or his deputy, to summon a jury of six lawful men, to hear and determine the matter of such representation. The provisions of sections twelve, thirteen, fourteen, fifteen, and sixteen, of chapter seventy-three, shall apply to trials by jury herein provided for; and the justices or court aforesaid shall have the same powers and perform the same duties as are therein given to or required of the judges named in said sections. SECT. 6. Provision shall be made for the comfortable support of all R. S. 14, §§ 29, persons confined in said receptacles, and they shall be governed or employed in such manner as the county commissioners may in the exercise of their discretion deem best. Such sum a week shall be allowed and paid for the support of persons so confined as the commissioners shall direct, and the same may be recovered of such person, or of any parent, kindred, master, guardian, city, or town, obligated by law to maintain him. Insane persons confined in jails, moved by order 1851, 95, §§ 1, 2. &c., may be re of governor. How insane persons not may be discharged. SECT. 7. Any insane person confined by legal authority in a jail, house of correction, or such county receptacle, may be removed therefrom to either of the state lunatic hospitals, or to any other jail, house of correction, or other suitable place, by order of the governor, when it appears to him that such removal would be expedient and just; and the sheriff of the county in which such person is confined shall execute such order and convey the insane person to the place therein designated. SECT. 8. Any person confined by virtue of section four may be dis furiously mad charged, when in the opinion of any two justices of the peace, one of whom is of the quorum, or of a police court, such discharge would be for the benefit of such person, or when in their opinion such person would be comfortably supported by any parent, kindred, friend, master, or guardian, or by any place in which he has a legal settlement. 1836, 223, § 3. Persons committed by order of trustees of or removed. 1838, 73, § 3. SECT. 9. Any insane person confined in a jail, house of correction, or county receptacle, by authority of a certificate of the trustees of either state hospitals, of the state lunatic hospitals, may be discharged by the county commis how discharged sioners when the cause of confinement has ceased to exist. And the commissioners, when in their opinion such insane person can in such manner be more comfortably provided for without danger to the safety of the public, may provide for his custody and support in some other place than such receptacle, jail, or house of correction, or may deliver him to the custody and care of any place in which he has a legal settlement; such person still continuing subject to the order and direction of said commissioners. The expense shall be reimbursed in the same manner and recovered by the same remedies as are provided in section twenty-eight of chapter seventy-three: but in no case shall the sum charged for such support exceed two dollars and fifty cents a week. SECT. 10. The keeper of a jail, house of correction, or county recep tacle shall not contract for supporting within the county buildings any lunatic who is a town pauper, without first obtaining the approbation in writing of the commissioners; and for every offence against this provision such keeper shall forfeit a sum not less than one hundred dollars. SECT. 11. In cases arising under sections four and eight, all magis trates, officers, and witnesses shall receive the same fees as are allowed by law for like services in criminal proceedings, to be taxed, allowed, and paid, in like manner. BOSTON LUNATIC HOSPITAL. SECT. 12. Nothing contained in this chapter or in chapter seventy- Boston lunatic three shall repeal any provisions of law specially relating to the Boston hospital. lunatic hospital, or the confinement, care, and support of insane persons 1840, 79. therein. 1839, 131. 1851, 243. Government of school rested in How appointed; seven trustees. tenure of office; 24. SECTION 1. The government of the state industrial school for girls shall be vested in a board of seven trustees appointed and commissioned by the governor with the advice and consent of the council, subject to removal only for sufficient cause. The trustees now in office shall con- compensation. tinue to hold their offices until the terms thereof expire according to the 1855, 442, §§ 1, provisions of this section. On the first Wednesday of February in 1856, 60. each year the terms of office of the two senior members as they stand 1859, 177, § 3. arranged on the list of their appointments shall terminate, and the names of the persons appointed to fill the vacancies shall be placed at the bottom of the list. Other vacancies may at any time be filled, and the names of the persons appointed shall be substituted in the list for the remainder of the vacant terms. The trustees shall receive no compensation for their services, but shall be allowed all expenses incurred by them in the discharge of their duties. tees, &c. 21. SECT. 2. The board shall take charge of the general interests of the Duty of trusinstitution, see that its affairs are conducted in accordance with the ws. requirements of the legislature, and such by-laws as the board may 1855, 442, §§ 2, adopt, and that strict discipline is maintained therein; provide employment for the inmates, and bind out, discharge, or remand them, as is hereinafter provided; exercise a vigilant supervision over the institution, its officers, and inmates; appoint a superintendent and chaplain, and such matrons, assistants, teachers, and other officers, as in its judgment the wants of the institution may require, and prescribe their duties; remove them at pleasure and appoint others in their stead; and determine the salaries to be paid to the officers, subject in all cases to the approval of the governor and council. The by-laws may be amended by the con |