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7 twenty-third day of July in the year eighteen hundred and sixty8 nine, the state board shall furnish to him in the state hospital or 9 elsewhere such aid as it may consider expedient.

1 SECTION 13. No city or town shall send to the state hospital any Towns not to 2 insane person who would be dangerous if at large.

send dangerous insane person.

1854, 437, § 1.

G. S. 71, § 37.

P. S. 86, § 24.

1855, 445, § 2.

1879, 291, § 3.

27.

1 SECTION 14. No city or town officer shall send to the state hos- Smallpox 2 pital any person who is infected with smallpox or other disease patients. 3 dangerous to the public health, or, except as provided in section ten, 13 4 any other sick person whose health would be endangered by re- P. S. 86, §§ 25, 5 moval; but all such persons who are liable to be maintained by the 1885, 211. 6 commonwealth shall be supported during their sickness by the city or 7 town in which they are taken sick, and notice of such sickness shall 8 be given to the state board of charity, which may examine the case 9 and, if found expedient, order the removal of the patient; but such 10 notice in the case of sick persons whose health would be endangered 11 by such removal shall be signed by the overseers of the poor or by 12 a person appointed by them by special vote, who shall certify, after 13 personal examination, that in their or his opinion such removal at 14 the time of his application for aid would endanger his health. 15 city or town officer who knowingly violates the provisions of this 16 section shall be punished by a fine of not less than fifty nor more 17 than one hundred dollars.

A

2.

445, § 2.

P. S. 86, 26.

1891, 153.

144 Mass. 64.

1 SECTION 15. The reasonable expense which is incurred by a city Expenses. 2 or town under the provisions of the preceding section within five 15, 14, 3 days next before notice has been given as therein required and also 1865, 162, § 2. 4 after the giving of such notice and until said sick person is able to 1879, 291, § 3. 5 be removed to the hospital shall be reimbursed by the common- 1885, 211. 6 wealth. The bills for such support shall not be allowed unless they 1898, 391. 7 are indorsed with the declaration that, after full investigation, no 10p. A. G. 420. 8 kindred able to pay the amount charged have been found, and that 9 the amount has actually been paid from the city or town treasury, 10 nor unless they are approved by the state board of charity or by a 11 person designated by it; and not more than five dollars a week 12 shall be allowed for the support of a person in a city or town 13 hospital.

cicici

wife not to be

1 SECTION 16. If a state pauper has a wife who is also a pauper Husband and 2 having a legal settlement in this commonwealth, he shall be sup- separated. 3 ported by the place where his wife has her settlement; but the com- 1855, 172. 4 monwealth, upon written notice to the state board of charity within 44. 5 sixty days after aid is first given to him, shall reimburse such place 1866, 234. 6 the cost of such support based upon the expense of supporting him 31. 7 had he been committed to the state hospital.

1861, 94.

P. S. 86, §§ 30,

1885, 211.

110 Mass. 98.

care for state

1 SECTION 17. If the state hospital is full, cities and towns shall Cities, etc., to 2 support state paupers at the expense of the commonwealth until paupers, when. 3 notice is given by the superintendent that they can be received. 1854, 437, 2 4 The superintendent shall give such notice by mail to cities and towns P. S. 86, § 32. 5 according to the priority of their applications.

1853, 352, § 4. G. 71, 46.

Powers of
trustees.
1852, 275, § 7.
1855, 445, § 3.
G. S. 71, § 47.
1879, 291, § 9.

Contracts for
employment of
inmates, etc.
1858, 168.
G. S. 71, § 48.
1879, 291, § 9.
P. S. 86, § 34.

Liability of
towns, etc., for
support of
state paupers.
1855, 445, § 4.
1856, 108, § 5.
G. S. 71, § 49.
1875, 94, § 1.
P. S. 86, § 35.
1898, 433, 24.
8 Gray, 455.

Punishment for escape. 1852, 275, § 9. G. S. 71, § 51. P. S. 86, § 37.

Foreign pau-
pers to be
deported.
1766-7,17, §§ 1-3.
1793, 59, § 13.
R. S. 46, § 17.
1850, 105, § 4.
G. S. 71, § 52.
P. S. 86, § 38.

SECTION 18. The trustees of the state hospital shall have and 1 exercise the same powers relative to pauper inmates and their prop- 2 erty as towns and overseers of the poor have relative to paupers 3 supported or relieved by them.

P. S. 86, § 33.

4

- of kindred

SECTION 21. The kindred who are liable by law to towns for 1

for support of

such paupers, expenses in supporting such paupers shall in like manner be liable 2

1855, 445, § 5. 1856, 108, § 5. G. S. 71, § 50. 1875, 94, § 1. P. S. 86, § 36. 1898, 433, § 24.

to the commonwealth for any expense incurred for such paupers; 3 and the state board of charity may adopt the same measures and 4 institute like proceedings for the recovery of such expenses from 5 the kindred so liable as are prescribed for towns in like cases.

6

Accounts of
hospital.
1854, 189, § 5.
G. S. 71, § 55,
1874, 360, § 2.
P. S. 86, § 41.

SECTION 19. The superintendent of the state hospital, with the 1 consent of the trustees, may contract with any person for the em- 2 ployment of any inmate thereof in any kind of lawful labor for 3 such wages or on such terms as the superintendent and trustees 4 approve. If a contract is so made, such inmate shall be discharged 5 from the hospital and, if he refuses to accept the employment 6 offered, he shall forfeit all claim to support as a state pauper.

7

SECTION 20. A city or town in which an inmate of the state 1 hospital is found to have a legal settlement shall be liable to the 2 commonwealth for his support in like manner as one town is liable 3 to another in like cases; and in such case, the state board of charity 4 shall adopt such measures relative to notice, removal of a pauper 5 recovery of expenses as are prescribed for towns in like cases.

and

6

SECTION 22. Whoever escapes from the state hospital and within 1 one year thereafter is found in any city or town soliciting public 2 charity shall be punished by imprisonment at the state farm.

3

1884, 258, § 1.

1898, 443.

SECTION 23. A justice of the superior court, or of a police, dis- 1 trict or municipal court, or a trial justice, upon complaint of the 2 overseers of the poor of any place or of the state board of charity, 3 may, by warrant directed to a constable or other person therein 4 designated, cause any pauper not born nor having a settlement in 5 this commonwealth, who may conveniently be removed, to be conveyed, at the expense of the commonwealth, to any other state, or, 7 if not a citizen of the United States, to any place beyond sea, where 8 he belongs.

9

Insane state
paupers to be
deported.
1851, 437, § 4.
G. S. 71, § 53.
P. S. 86, § 39.
1884, 297, § 2.

SECTION 24. Upon complaint of the trustees of a state insane 1 hospital, the trustees of the state hospital and state farm, the county 2 commissioners or the overseers of the poor, a judge of probate 3 shall have the same powers as are given by the provisions of the 4 1898, 43, § 23. preceding section to cause the removal of insane state paupers 5

264.

under their charge to any other state, or to any place beyond sea, 6 where they belong.

7

SECTION 25. All accounts for the maintenance of the state hos- 1 pital and the state farm and the support of the inmates shall be approved by the trustees and filed with the auditor at the end of each month, and paid by the commonwealth.

2

3

4

to county, etc.,

1 SECTION 26. Nothing shall be allowed from the treasury of the No allowance 2 commonwealth to any county, city or town for expenses incurred 3 on account of any state pauper, except as expressly provided by law.

pers, except.

for state pauG. S. 1, § 56.

P. S. 86, § 42.

1

120.

R.S. 46, §§ 31-33.

SECTION 27. All accounts against the commonwealth for allow- Accounts of 2 ance to counties, cities and towns on account of state paupers how audited. 3 shall be rendered to the state board of charity on or before the third 183, 21, § 2. 4 Wednesday of January annually; and shall be so made as to include 1835, 127. 5 all claims for such charges up to the first day of said January, and, 1841, 116, § 3. 6 if approved by the board and certified by the auditor of accounts, 1849, 207. 7 shall be paid by the commonwealth. The state board may require 1853, 366, § 2. 8 such accounts to be accompanied with such statement of particulars P. S. 86, 43. 9 and facts, and substantiated by such affidavits, as it orders.

1849, 151.

1851, 42.

G. 71, § 57. §

THE STATE FARM.

1 SECTION 28. The superintendent shall have the management and Duties of su2 control of the state farm and its operations.

perintendent. 1866, 198, §§ 2, 4. P. S. 88, § 2.

board of

Duties of state
charity.
1869, 258,2

198, 3.

1 SECTION 29. The state board of charity shall have general super2 vision of the state farm, and shall have the same power to discharge 3 persons confined therein for any cause, or to apprentice or discharge 4 any person committed under the provisions of the following section, 1877, 147 5 as county commissioners have over inmates of houses of correction. P. S. 88, §§ 4, 6. 6 It shall also have all the powers, not herein given to the superintend7 ent and trustees, which overseers of the poor have relative to town 8 workhouses.

1886, 101, § 4.

1898, 433, § 24.

1

Vagabonds

may be com1866, 198, 5.

SECTION 30. Upon complaint of one of the overseers of the poor 2 of a city or town, or in Boston of the pauper institutions trustees, mitted. 3 police, district and municipal courts and trial justices may in their 1869, 258, § 1. 4 discretion commit persons who have been convicted of any of the 1870, 288, § 1. 5 offences enumerated in sections forty-six and fifty-five of chapter 4. 6 two hundred and twelve to the state farm.

P. S. 88, §

1898, 443, § 1.

1

SECTION 31. The state board of charity may cause any person 2 committed under the provisions of the preceding section, who has no 3 legal settlement in this commonwealth, to be removed to the state 4 or place where he belongs, or whence he came, in accordance with 5 law. A person so removed who returns to this commonwealth 6 before the expiration of his sentence may be re-arrested and re7 turned to the state farm, there to serve out the remainder of his 8 sentence.

or

persons.

State board
discharge such
9,258, § 2.
1877, 147.
1898, 443, § 1.

P. S. 88, § 6.

1

paid by place

P. S. 88, § 7.

SECTION 32. If any person so committed has a legal settlement Support to be 2 in a city or town in this commonwealth, such city or town shall pay of settlement, 3 for his support such amount per week as, having regard for his 1869, 258, § 3. 4 capacity for labor, may be fixed upon by the state board of charity; 5 but upon written request of the overseers of the poor, the state 6 board shall permit him to be transferred to the workhouse of his 7 place of settlement, there to serve out the remainder of his sen8 tence.

Penalty for
escape.
1866, 198, § 5.
1870, 288, § 3.
1880, 257, § 8.
P. S. 88, § 8.

- of inmates not sentenced.

1884, 258, § 1. 1898, 443, § 1.

Complaints for
escapes.
1884, 258, § 2.
1889, 245.

1895, 449, § 14.
1897, 395, § 4.

Jurisdiction. 1884, 258, § 3.

Sentences to state farm. 1898, 443, § 1.

SECTION 33. Whoever being sentenced to the state farm escapes 1 or attempts to escape therefrom, or from the custody of the officer 2 while being conveyed to said farm, may be pursued and reclaimed; 3 and shall be punished by imprisonment at said farm, and may be 4 there held in custody for not more than six months in addition to his 5 previous sentence.

6

Return of convict to farm. 1884, 152, § 2. 1898, 443, § 3.

SECTION 34. Whoever, not being a sentenced inmate of the state 1 farm, absconds or escapes therefrom and within one year thereafter 2 is found within any city or town soliciting public charity shall be 3 punished by imprisonment at the state farm.

4

SECTION 35. Complaints for violations of the provisions of the 1 preceding section and of section twenty-two may be made and 2 prosecuted by any overseer of the poor or by the pauper institu- 3 tions trustees of the city of Boston or by agents, not exceeding 4 two, appointed by the state board of charity and designated for 5 such purpose. The police court of Lowell may, at such times as it 6 appoints, hold sessions at Tewksbury for the trial of such com- 7 plaints against inmates of the state hospital.

8

SECTION 36. The police court of Lowell shall have jurisdiction 1 of said offences concurrent with any other court having jurisdiction 2 thereof if committed in any part of the county of Middlesex with- 3 out the district of said court, and the police court of Lawrence and 4 the first district court of Essex shall have the same concurrent juris- 5 diction of said offences if committed in any part of the county of 6 Essex without their respective districts.

7

SENTENCES TO STATE FARM.

SECTION 37. In imposing a sentence of imprisonment at the 1 state farm, the court or trial justice shall not fix or limit the duration 2 thereof. Whoever is sentenced to the state farm for drunkenness 3 may be there held in custody for not more than one year, and who- 4 ever is so sentenced for any other offence may be there held in cus- 5 tody for not more than two years, except as provided in section 6 thirty-three. 7

Release on
probation.
1862, 189.
1880, 221, § 3.

SECTION 38. If it appears to the state board of charity that a 1 person serving a sentence at the state farm has reformed, it may, 2

P. S. 220,568. upon such conditions as it may determine, issue to him a permit to 3

1898, 443, § 2.

be at liberty for the residue of the period for which he might be 4 held, and may revoke it at any time previous to its expiration.

5

SECTION 39. Upon the revocation of such permit, said board may 1 issue an order for the return of the holder thereof to the state farm, 2 which may be served by any officer authorized to serve criminal 3 process. Upon his return to the state farm, the holder of such per- 4 mit shall be detained for the residue of the term for which he might 5 be held under the provisions of section thirty-seven and the time 6 between his release on permit and said return shall not be con- 7 sidered as any part of said term. 8

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STATE ASYLUM FOR INSANE CRIMINALS.

1 SECTION 40. The state asylum for insane criminals shall be a 2 part of the state farm, and the superintendent of the state farm, 3 with the approval of the trustees, shall appoint a physician as medi4 cal director of said asylum and shall fix his salary. The director 5 shall have the care and custody of the inmates thereof, and govern 6 them in accordance with regulations approved by the trustees.

1

1895, 390, § 5.

1 Op. A. G.

322, 528.

SECTION 41. The state board of insanity may transfer to and Transfers. 2 from the state insane hospitals and the asylum for insane criminals 1,433,28. 3 any of the insane male persons mentioned in section sixteen of 4 chapter two hundred and eighteen, sections twelve, fifteen and six5 teen of chapter two hundred and nineteen and sections one hundred 6 and three to one hundred and five, inclusive, of chapter two hundred 7 and twenty-five if such transfer will insure a better classification of 8 insane criminals.

sane criminals.

Asylum for in1886, 219, § 1. 1895, 390, §§ 1, 2.

1

§

SECTION 42. The state board of insanity may transfer and com- Commitments. 2 mit to the asylum for insane criminals any inmate of a state insane 1895, 390, 6. 3 hospital, of the Worcester insane asylum or of the state farm, com- 1898, 433, § 28. 4 mitted to said institutions from the state prison, the Massachusetts 5 reformatory, the jails and houses of correction of the several counties.

5 certified upon the mittimus or warrant of commitment and notice 6 shall be given to the master, warden or superintendent of such 7 institution, who shall thereupon cause said person to be reconveyed 8 to said institution there to remain pursuant to the original sentence 9 computing the time of his detention in the asylum for insane crim10 inals as part of the term of his imprisonment.

1

inmates.

SECTION 43. If in the judgment of the trustees and the superin- Return of 2 tendent of the state farm any person committed under the provisions 1894, 251, § 2. 3 of the preceding section ought to be returned to the institution 1895, 390, § 6. 4 to which he was originally committed, a statement thereof shall be

NOTES. - Pub. Sts. c. 86, §§ 1-12 have been omitted as inoperative for the reasons stated in an opinion of the attorney general of June 25, 1894. See 1 Op. A. G. 167.

Sect. 16. Pub. Sts. c. 86, §§ 30, 31 have been redrafted to make clear the construction given to them in Belchertown v. Ludlow, 110 Mass. 98, which limited their application to cases in which the wife was also a pauper.

Pub. Sts. c. 86, § 29 is repealed by implication, since it is applicable only to Pub. Sts. c. 86, § 28, which was expressly repealed by St. 1883, c. 239; and an equivalent provision is made in chapter eighty-seven.

1

former

SECTION 44. Inmates of said asylum on the seventeenth day of Retention of 2 June in the year eighteen hundred and ninety-five shall continue to inmates. 3 be held therein according to law.

1895, 390, § 6.

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