the officers in such city or town as may have such duty to perform, they shall notify the superintendent of the almshonse where such person or persons are entitled by law to be received, and he shall, if he deems it expedient, request the attending physician of said almshouse to visit said person or persons, and if in his opinion said person or persons cannot be safely or properly removed, then the city or town providing for said pauper or paupers shall be entitled to a sum not exceeding three dollars per week for the board of said paupers, but if, in the opinion of said physician, said paupers may be safely and properly removed, he shall so direct, and they shall be removed to the said almshouse. Stat. 1855, c. 445, § 2.

68. The inspectors of the several State almshouses shall have the same powers respectively, in relation to the paupers who are now or may hereafter become inmates of the same, and their property, if they have any, or any property left by them in case of their decease, as are by law vested in towns and in the overseers of the poor in towns in reference to those paupers who are in any way supported or relieved by towns; and said inspectors in carrying into effect said powers, shall follow the same modes of proceeding as are prescribed for towns and overseers of the poor in towns in like cases, and may institute and prosecute suits and other legal proceedings when necessary for the above purpose, in the same manner as towns and overseers of the poor in towns are authorized to do in like cases. Stat. 1855, c. 445, § 3.

69. If any pauper having a legal settlement in any city or town in the Commonwealth shall become an inmate of either of the State almshouses, such city or town shall be liable to the Commonwealth for the expense incurred for such pauper at such almshouse, in like manner as one town is liable to another town in like cases, and the same

measures shall be adopted by the inspectors of the tate almshouses respectively, in regard to notifying towns so liable, the removal of such pauper and the recovery from towns of expenses incurred for such pauper at the almshouse, as are prescribed for towns in like cases. Stat. 1855, c. 445, § 4.

70. The kindred of paupers who are liable by law to towns for expenses in supporting such paupers, shall, in like manner, be liable to the Commonwealth for any expense incurred for such paupers at either of the State almshouses, and the inspectors of the State almshouses respectively are hereby authorized to adopt the same measures and institute and prosecute the like legal proceedings for the recovery of such expenses of the kindred so liable, as are prescribed for towns in like cases. Stat. 1855, c. 445, § 5.

IV. LUNATIC PAUPERS.

1. Commitment of lunatics furiously mad.

2. Judges committing to certify the place of residence of the lunatic.

3. Selectmen to be notified of the application for commitment.

4. Pauper lunatics may be committed by overseers of the poor with consent of trustees-at what rates to be supported.

5. Expenses for supporting lunatics, by whom to be paid, and how recovered. 6. Remedy of towns, if lunatic had a settlement in some other town in this state.

7. Provision for removing incurable lunatics from the hospital; terms and mode of removal.

8. Provisions for recommitment of those who are not comfortably supported.

9. Trustees of Hospitals may remove patients to the towns of their residence, when they cease to be dangerous.

10. Fees of Judges of Probate on complaints for commitments of lunatics to the state lunatic hospital established.

11. Fees of Judge of Probate of Worcester for hearing applications for discharge from the hospital.

12. Lunatics may be removed to Jails or houses of correction when Hospital is full.

13. Lunatics confined in jails &c., may be removed by order of the gov

ernor.

14. Sheriff to execute such order. 15. In such cases towns liable for their support.

16. Provision for persons insane but not furiously mad.

17. Towns liable for their support in certain cases.

1. The judges of probate in the several counties, except Suffolk, and in that county, the judge of the municipal court, may commit to the hospital any lunatic, who in their

opinion is so furiously mad, as to render it manifestly dangerous to the peace and safety of the community, that he should be at large. R. S. c. 48, § 6.

The judges of probate in the several counties of the Commonwealth shall have the same authority to commit lunatic Indians, resident within their respective counties, to the State Lunatic Hospital, as they now have in regard to other persons. Stat. 1852, c. 44.

At any time when the Municipal Court of the city of Boston is not in session, the Judge of Probate in the county of Suffolk may take jurisdiction of lunatics furiously mad, in either of the towns of Chelsea, North Chelsea, and Winthrop, in the county of Suffolk, and commit any such lunatic to the State Lunatic Hospital at Worcester, any thing in the sixth section of the forty-eighth chapter of the Revised Statutes to the contrary notwithstanding; provided, that no lunatic from either of said towns shall be committed to said hospital by said judge of probate, until after the selectmen of the town from which said lunatic is to be removed are notified, that they may be heard upon the subject. St. 1853, c. 93.

In case of the absence, sickness, or death of the judge of probate of any county in this Commonwealth, except the county of Suffolk, any justice of the supreme judicial court, or of the court of common pleas, may commit to the State Lunatic Hospital any lunatic furiously mad, in such county, in the same manner and upon the same proceedings as are now provided by law for the commitment of lunatics to said hospital by judges of probate. Stat. 1839, c. 149, § 3.

When any person, held in prison on a charge of having committed an indictable offence, shall not be indicted by the grand jury, by reason of insanity, or when any person having been indicted, shall be acquitted by the jury by

reason of insanity, if the discharge or going at large of such insane person shall be deemed manifestly dangerous. to the peace and safety of the community, the court may order him to be committed to the state lunatic hospital. R. S. c. 136, § 15. Ib. c. 137, § 12.

2. In all cases the judges of probate and the judge of the municipal court, respectively, shall certify in what town the lunatic resided, at the time of his commitment, and the judges of the supreme judicial court, and the court of common pleas, respectively, shall certify in what town he resided at the time of the arrest, in pursuance of which he was held to answer before those courts; and such certificate shall for the purposes hereinafter stated, be conclusive evidence of his residence.

3. Any person, who shall apply for the commitment of any lunatic, under the above provisions, shall first give notice, in writing, to any one or more of the selectmen of the town, on to the mayor of the city, where such lunatic resides, of his intention to make such application; and satisfactory evidence, that such notice has been given, shall be produced to the said judges, respectively, at the time of making such application. R. S. c. 48, § 7.

4. Any lunatic, who is supported as a town pauper, may, with the consent of the trustees, be committed to the hospital, by the overseers of the poor of the town, and shall be kept for a sum, which shall not in any case exceed the actual expenses of his support; and the trustees may also, in their discretion, receive into the hospital, for a less sum, any poor persons suffering under recent insanity, whether supported or not by any town or city. 16. § 8.

5. The expenses of the hospital, for the support of all lunatics committed by any of the judicial officers mentioned above, or by virtue of a proclamation of the governor, or by a resolve of the legislature, or by two justices of the

peace and of the quorum, shall be paid by the town,in which said lunatics had their residence at the time of their commitment, unless in cases where other sufficient security, to the satisfaction of the trustees, shall have been taken for such support; and if any town or city shall neglect or refuse to pay whatever sum may be charged and due, according to the by-laws of the hospital, on account of the support of any such patient at the hospital, or for the removal of any patient, whom the trustees are authorized by law to remove, for the space of thirty days after the same shall have been demanded, by the treasurer, in writing, of the selectmen of the town, or of the mayor and aldermen of the city liable therefor, the same may be recovered, for the use of the hospital, in an action to be brought in the name of the treasurer, against such delinquent town, in which action the declaration may be in a general indebitatus assumpsit, and judgment shall be rendered for such a sum as shall be found due, with interest from the time of the demand thereof made as aforesaid. R. S. c. 48, § 9. St. 1837, c. 228, § 7.

If it shall be made to appear that the lunatic for whom payment is demanded, has no settlement within this Commonwealth, the town of his residence shall not be liable for the expense incurred on his account. Stat. 1837, c. 288, § 7.

6. Every town, which shall pay any expenses for the support or removal of any lunatic, under the provisions of the preceding section, shall have the like right and remedies, to recover such sums, with interest and costs, as if such expenses had been incurred in the ordinary support of the lunatic. R. S. c. 48, § 10.

Whenever any lunatic or insane person shall be committed to the State Lunatic Hospital, from any town wherein he has not a legal settlement and such town shall pay