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5 council, for a term of seven years from the third Wednesday in 6 June following. Any trustee may be removed by the governor, 7 with the advice and consent of the council, for sufficient cause, 8 which shall be stated in the order for removal.

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for

SECTION 21. The government of the Massachusetts hospital for Trustees of 2 epileptics shall be vested in a board of seven trustees, five of whom epileptics. 3 shall be men and two of whom shall be women. The members shall 1895, 483, § 2. 4 annually, on or before the first Monday in July, be appointed for a 5 term of five years from said day. Two members shall be appointed 6 in the year nineteen hundred and two and in every fifth year there7 after; one member in the year nineteen hundred and three and in 8 every fifth year thereafter; two members in the year nineteen hun9 dred and four and in every fifth year thereafter; one member in 10 the year nineteen hundred and five and in every fifth year there11 after; and one member in the year nineteen hundred and six and in 12 every fifth year thereafter.

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SECTION 22. The board of trustees of the Massachusetts hospital 2 for dipsomaniacs and inebriates shall consist of five persons, one of 3 whom shall annually, before the first Monday in July, be appointed 4 by the governor, with the advice and consent of the council, for a 5 term of five years from said day. Any trustee may be removed 6 by the governor, with the advice and consent of the council, for 7 sufficient cause, which shall be stated in the order for removal.

dipsomaniac

Trustees of
hospital.
136 Mass. 578.

1889, 414, § 1.

a corporation.

1834, 150, § 10.

G. S. 73, § 2.

1 SECTION 23. The trustees of each hospital shall be a corporation Trustees 2 for the purpose of taking and holding, to them and their successors, 1832, 163, § 9. 3 in trust for the commonwealth, any grant or devise of land, and R. S. 48, § 4. 4 any gift or bequest of money or other personal property, made 1842, 96, 5 for the use of the hospital of which they are trustees, and for the 6 purpose of preserving and investing the proceeds thereof in notes or 7 bonds secured by good and sufficient mortgages or other securities, 8 with all the powers necessary to carry said purposes into effect.

1884, 322, § 4.

5 1889, 414, 3. 1895, 483, § 3.

1892, 425, § 4.

1 SECTION 24. The trustees of the Westborough insane hospital Application of

2 and the trustees of the Massachusetts hospital for epileptics may ex- 1884, 322, § 4.

1895, 483, 3.

3 pend any gift or bequest or part thereof in the erection of new, or

4 in the alteration of old, buildings on land belonging to such hospi5 tals, but all such buildings shall belong to the hospital and be 6 managed as a part thereof.

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and escapes.

SECTION 25. Every state institution devoted wholly or partially Fire apparatus 2 to the maintenance, care and treatment of the insane shall be pro- 1890, 378, §§ 1, 2. 3 vided with properly constructed iron fire escapes upon the outside 4 thereof and accessible from the interior by doors or windows, with 5 suitable landings at every story above the first, including the attic, 6 if they are occupied as day rooms or sleeping rooms for the insane. 7 It shall also be provided with suitable apparatus for the extin8 guishment of fire, so constructed and arranged as to be effectually 9 used from the inside or outside of the buildings or parts thereof used 10 for the accommodation of the insane.

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SECTION 26. The trustees of each hospital shall have charge of Trustees, 2 the general interests of their respective institutions, and shall see duties.

powers and

1832, 163, §§1,8. that their affairs are conducted according to law and to the by-laws 3

1834, 150, 4.
R. S. 48, § 2.
G. S. 73, § 3.
1879, 291, § 7.
P. S. 79, § 3.
P. S. 87, § 6.
1884, 322, § 5.
1889, 414, §§ 5,
15.

1892, 425, § 4.

Salaries of
officers, how
paid.
1837, 228, § 6.
1859, 107, § 1.

Trustees to
make by.
laws, etc.
1832, 163, § 1.
1834, 150, § 1.
R. S. 48, § 3.
G. S. 73, § 4.
1864, 288, § 13.
P. S. 87, § 7.
1884, 116.

SECTION 27. They shall appoint a superintendent who shall be 1 a physician and constantly reside at the hospital, assistant physi- 2 cians, one of whom in each insane hospital shall be a woman, and 3 a treasurer who shall give bond for the faithful performance of his 4 duties; shall appoint, or make provision in the by-laws for appoint- 5

1884, 322, §§ 5, 6. ing, such officers as in their opinion may be necessary for conduct- 6

1889, 414, § 5. 1890, 378, § 3. 1892, 425, § 4. 1895, 483, §§ 4, 6.

ing efficiently and economically the business of the institution; and 7 shall determine, subject to the approval of the governor and council, 8 the salaries of all the officers. All their appointments shall be made 9 in such manner, with such restrictions and for such terms, as the 10 by-laws may prescribe. The physician and assistant physicians at 11 the Westborough insane hospital shall belong to the homeopathic 12 school of medicine. The trustees shall also establish by-laws and 13 regulations, with suitable penalties, for the government of the in- 14 stitutions, and shall provide for a monthly inspection and trial of 15 the fire apparatus belonging to the institutions and for a proper or- 16 ganization and monthly drill of the officers and employees in its use. 17

Annual inven-
tory.
1859, 177, § 2.
G. S. 5, § 11.
P. S. 79, § 7.
1898, 433, § 7.

Visitation of hospitals, an

1832, 163, § 2.
1834, 150, § 2.
R. S. 48, § 5.
1852, 269, § 1.
1853, 318, § 1.
1856, 247, § 2.
1857, 40, § 1.
1858, 12.
1859, 177, § 2.
G. S. 73, § 6.
P. S. 87, § 9.
1884, 322, § 5.
1887, 170.
1889, 414, § 18.
1892, 425, § 4.
1895, 483, § 6.

and regulations established by them. They shall receive no com- 4 pensation, but they shall be reimbursed all expenses incurred in 5 the performance of their official duties, which, in the case of the 6 trustees of the Massachusetts hospital for epileptics, shall be paid 7 by the commonwealth.

1893, 256.

1895, 483, § 7.

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Treasurer's
books.
1852, 269, § 2.

SECTION 30. There shall be thorough visitations of each hospital 1 nual meeting, by two of the trustees thereof monthly, and by a majority of them 2

quarterly, and by the whole board semi-annually, at each of which 3 a written account of the condition of the institution shall be pre- 4 pared, which shall be presented at the annual meeting to be held in 5 October. At the annual meeting a full and detailed report shall be 6 made of the condition of the hospital and all its affairs, with a list 7 of the salaried officers and their salaries, and a copy of the inven- 8 tory required by the preceding section, to be laid before the gov- 9 ernor and council on or before the first day of November, for the 10 use of the government. The treasurer shall, at the same meeting, 11 present to the trustees his annual report. Both reports shall be 12 made up to the thirtieth day of September inclusive. The trustees 13 shall audit the report of the treasurer, and transmit it with their 14 annual report to the governor and council. 15

SECTION 28. The salaries of the superintendents, assistant physi- 1 cians, stewards and matrons of the state insane hospitals shall be 2 paid quarterly from the current receipts of the several hospitals.

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G. S. 73, § 5.

P. S. 87, § 8.

1884, 322, § 5.

1892, 425, § 4.

SECTION 29. The trustees of the several state institutions under 1 the supervision of the state board of insanity shall annually, on the 2 thirtieth day of September, cause to be made and sent to the board 3 an accurate inventory of the stock and supplies on hand and the 4 amount and value thereof at said institutions, as prescribed by section seven of chapter eighty-four.

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SECTION 31. The accounts and books of the treasurer shall at 1 all times be open to the inspection of the trustees. 2

G. S. 73, § 7.

P. S. 87, § 10.

1889, 414, § 19.

INSANE HOSPITAL DISTRICTS.

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tal districts.

SECTION 32. Insane persons shall, except as otherwise pro- Insane hospi2 vided, be committed to the Danvers insane hospital only from a 1887, 346, § 1. 3 district comprising the county of Essex, the cities of Everett, 1897, 451, § 3. 4 Lowell, Malden, Medford, Melrose, Somerville and Woburn and 5 the towns of Arlington, Bedford, Billerica, Burlington, Chelmsford, 6 Dracut, North Reading, Reading, Stoneham, Tewksbury, Wake7 field, Wilmington and Winchester in the county of Middlesex; to 8 the Taunton hospital only from a district comprising the counties of 9 Barnstable, Bristol, Dukes County, Nantucket, Plymouth and so 10 much of Norfolk county as is not comprised in the Worcester dis11 trict; to the Worcester hospital only from a district comprising all 12 of Middlesex county not hereinbefore enumerated, the county of 13 Worcester and the towns of Bellingham, Brookline, Dover, Frank14 lin, Medway and Needham in the county of Norfolk; and the 15 Northampton hospital only from a district comprising the counties 16 of Berkshire, Franklin, Hampden and Hampshire. Insane persons 17 from the county of Suffolk, except such as, at the request of their 18 friends are committed to the Westborough insane hospital, the 19 McLean asylum or any authorized private insane asylum, may be 20 committed alternately and in equal numbers to the state insane 21 hospitals at Danvers, Taunton, Worcester and Westborough and 22 the Boston insane hospital at South Boston. Insane persons, the 23 expense of whose support is paid by themselves or their friends, 24 may at the discretion of the judge be committed to any hospital or 25 asylum in the commonwealth.

of preceding

1887, 346, § 2.

1 SECTION 33. The state board of insanity may enforce compli- Enforcement 2 ance with the provisions of the preceding section by notice to the section. 3 committing magistrates or otherwise; may, for sufficient reasons, 1896, 482. 4 and to avoid hardship, exempt cities, towns or persons from its 1898, 433, § 28. 5 operation; and may, in its discretion, on the application of the 6 officer or trustees in charge of any of the hospitals therein named, 7 transfer patients therein to other hospitals or asylums or to private 8 dwellings within the commonwealth.

COMMITMENTS TO INSANE HOSPITALS.

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SECTION 34. A justice of the supreme judicial court or of the 2 superior court, in any county, and a judge of probate or a justice 3 of a police, district or municipal court, within his county, may 4 commit to a state insane hospital, as provided in section thirty5 two, an insane person then residing or being in said county who in 6 his opinion is a proper subject for its treatment or custody.

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SECTION 35. If not otherwise specially provided, no person shall 2 be committed to an insane hospital, asylum or other receptacle 3 for the insane, public or private, except as provided in section 4 fifty-three, unless the judge who hears the complaint or application 5 for commitment finds that notice in writing of the application was,

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P. S. 87, § 12. 1886, 319, § 1. 1894, 195.

prior to the hearing thereon, given to the overseers of the poor of 6 the city or town in which the alleged insane person resides, or, if 7 1898, 433, § 28. such person resides in the city of Boston, to the institutions regis- 8

1895, 429.

1900, 350.

trar and the chairman of the insane hospital trustees, nor unless 9 there has been filed with such judge a certificate of the insanity 10 of such person by two physicians as provided in the following 11 section, nor without an order or certificate therefor, signed by one 12 of the judges named in the preceding section, stating that the 13 judge finds that the person committed is insane and is a proper 14 subject for treatment in an insane asylum, and either that he has a 15 legal settlement in the commonwealth, or that he has been an inhab-16 itant thereof for the six months immediately preceding such find-17 ing or that provision, satisfactory to the state board of insanity, 18 has been made for his maintenance or that by reason of insanity he 19 would be dangerous if at large. The order or certificate shall also 20 authorize the custody of the insane person either at the hospital or 21 asylum to which he shall first be committed, or at some other hos- 22 pital, asylum, private dwelling or other place to which he may be 23 transferred if discharged without recovery from the hospital or 24 asylum named in such order or certificate. Said judge shall see 25 and examine the alleged insane person, or state in his final order 26 the reason why it was not considered necessary or advisable so to 27 do. The hearing, unless a jury is summoned, shall be at such place 28 as the judge shall appoint. In all cases, the judge shall certify 29 in what place the insane person resided at the time of his com-30 mitment; or if the confinement is ordered by a court, the judge 31 shall certify in what place the insane person resided at the time of 32 the arrest upon the charge for which he was held to answer before 33 such court; and such certificate shall, for the purposes of the pre- 34 ceding section, be conclusive evidence of his residence.

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11 Gray, 107. 111 Mass. 308. 169 Mass. 387.

Qualifications
of physician
certifying to
insanity.
1862, 223, § 8.
1865, 268, § 1.
1879, 195, § 3.
P. S. 87, § 13.
1892, 229.

1895, 26, 56 1,2.

177 Mass.

SECTION 36. A physician shall not make a certificate of insanity 1 unless he makes oath to the judge at the hearing that he is a grad- 2 uate of a legally chartered medical school or college, that he has 3 been in the actual practice of medicine for three years since his grad- 4 uation and for three years last preceding the making of said oath, 5 and that he is registered in accordance with the provisions of 6

10p. A. G.322, chapter seventy-six, nor unless his standing, character and profes- 7

490.

sional knowledge of insanity is satisfactory to the judge. A physi- 8 cian who makes such certificate shall have examined the alleged 9 insane person within five days of his signing said certificate, and 10 shall state therein that in his opinion such person is insane and 11 a proper subject for treatment in an insane hospital or asylum, and 12 the facts on which his opinion is based. A copy of the certificate, 13 attested by the judge, shall be delivered by the person making the 14 commitment to the superintendent of the hospital or other place to 15 which the person shall be committed, and shall be filed and kept 16 with the order of commitment, and within forty-eight hours after 17 the commitment of an insane person to an insane hospital or asylum, 18 the superintendent thereof shall transmit to the state board of in- 19 sanity a copy of such certificate. A certificate bearing date more 20 than ten days prior to the commitment of any person alleged to be 21 insane shall be void, and no certificate shall be valid or be received 22 in evidence if signed by a physician holding any office or appoint- 23

24 ment in or connected with a hospital, asylum or other place for the 25 insane to which the alleged insane person may be committed.

commitments.

1 SECTION 37. The state board of insanity shall keep records of Records of 2 commitments of all patients and attend to the enforcement of the 1898, 435, § 8. 3 laws relative thereto. All institutions under its supervision shall 4 furnish all the information required by the board relative to com5 mitments.

mitment.

1 SECTION 38. The board shall prescribe the forms of certificates Forms of com2 required by law in the commitments of all persons to the institutions 15,286, § 2. 3 under its supervision, which shall be the sole forms used in such 1898, 433, § 19. 4 commitments.

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commitments,

1898, 433, § 17.

SECTION 39. The superintendent or physician in charge of any Propriety of 2 institution under the supervision of the board of insanity shall im- as to. 3 mediately notify said board if there is any question as to the pro4 priety of the commitment of any person received therein, and said 5 board shall thereupon inquire into the condition of such patient and 6 into the propriety of the commitment.

be filed with

1858, 64.

1865, 268, § 2.

1 SECTION 40. Upon every application for the commitment or ad- Statement to 2 mission of an insane person to a hospital or asylum for the insane, judge. 3 a statement shall be filed with the application, or within ten days G. S. 73, §§ 10, 4 after the commitment or admission, showing as nearly as can be 12, 223, § 5. 5 ascertained the age of such insane person, his birthplace, civil con- $15. 6 dition and occupation; the supposed cause and the duration and 7 character of his disease, whether mild, violent, dangerous, homicidal, 8 suicidal, paralytic or epileptic; the previous or present existence 9 of insanity in the person or his family; his habits in regard to tem10 perance; whether he has been in any insane hospital, and, if so, 11 what one, when, and how long; and, if the patient is a woman, 12 whether she has borne children, and, if so, what time has elapsed 13 since the birth of the youngest; the names of his father, mother, 14 children, brothers, sisters or other next of kin, not exceeding ten in 15 number and over eighteen years of age, and their address, if known 16 by the applicant, and any facts showing whether he has or has not a 17 settlement, and, if he has a settlement, in what place. If the appli18 cant is unable to state any of the above particulars, he shall so state. 19 A copy of the statement shall be transmitted to the superintendent of 20 the hospital or asylum and filed with the order of commitment or 21 with the copy of the application for admission. The superintendent 22 shall, within two days after the admission or commitment of an 23 insane person, send notice of said commitment by mail, postage 24 prepaid, to each of said relatives, and to any other two persons 25 whom the person committed shall designate.

treatment

1 SECTION 41. In making a commitment of an insane person, the Homeopathic 2 judge shall inquire of the applicant for his commitment whether he secured. 3 desires the insane person to be treated according to homeopathic 1884, 322, § 7. 4 principles of medicine, and if he does, such insane person shall be 5 committed to the Westborough insane hospital in preference to any 6 other place, if such hospital is capable of receiving him; and inmates 7 of other state insane hospitals desiring homœopathic treatment or for

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