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Judge may cause alleged

insane person before him.

to be

1880, 250, § 1. P. S. 87, § 16.

Jury may be summoned. 1837, 228, § 1. G. S. 73, § 11. 1862, 223, § 6. P. S. 87, § 17.

How jury to be
selected and
1837, 228, § 2.
G. S. 73, § 12.
1862, 223, § 6.
P. S. 87, § 18.

Judge to preside; verdict. 1837, 228, § 3. G. S. 73, § 13. P. S. 87, § 19.

How defi-
ciency in jury
1837, 228, § 4.
G. S. 73, § 14.
P. S. 87, § 20.

Fees of officers,
jurors and
1837, 228, § 2.
1848, 271.
1855, 120.
G. S. 73, § 15.
1862, 223, § 6.
P. S. 87, § 21.

Judge to keep
docket, origi.
nal applica-
tion, etc.
1880, 250, § 2.
P. S. 87, § 22.

Fees of judges,
and officers.
1836, 223, § 4.
1838, 31.
1850, 235.
1856, 108, § 6.

whom such treatment is desired by their families or by the applicant 8 for their commitment may be transferred by the state board of 9 insanity to the Westborough insane hospital.


SECTION 42. After hearing such evidence as he may consider 1 proper, the judge may issue a warrant for the apprehension and 2 bringing before him of the alleged insane person, if in his judgment 3 the condition or conduct of such person renders it necessary or 4 proper so to do. Such warrant may be directed to and served by a 5 qualified officer or by a private person named in said warrant; and 6 pending examination and hearing, such order may be made relative 7 to the care, custody or confinement of such alleged insane person as 8 the judge shall see fit.


SECTION 43. The judge may, in his discretion, issue a warrant 1 to the sheriff or his deputy, directing him to summon a jury of six 2 men to hear and determine whether the alleged insane person is 3 insane.


SECTION 44. The jurors shall be selected in equal numbers from 1 the place in which the trial is had and one or two adjoining places, 2 as the judge shall order. The jurors shall be selected and impan- 3 elled as provided in chapter forty-eight, and in the counties of 4 Suffolk and Nantucket they may all be taken from one place.


SECTION 45. The judge shall preside at such trial, and adminis- 1 ter to the jury an oath faithfully and impartially to try the issue, 2 and the verdict of the jury shall be final.


SECTION 46. If by reason of challenges or otherwise there is not 1 a full jury of the persons summoned, the judge shall cause the officer 2 who served the summons, or in his absence the officer attending the 3 jury, to return persons to supply the deficiency; and shall have the 4 same authority as the supreme judicial court to enforce the attend- 5 ance of jurors and witnesses and to impose fines for non-attendance. 6

SECTION 47. The officer who summons and attends the jury shall 1 receive therefor four cents a mile for all necessary travel, and one 2 dollar and fifty cents for each day that he attends upon them; and 3 the jurors and witnesses shall be entitled to such compensation as is 4 prescribed for jurors and witnesses in the supreme judicial court.


SECTION 48. Each judge shall keep a docket or record of the 1 causes relative to insane persons coming before him, numbered or 2 otherwise properly designated, and the disposition thereof. He 3 shall also receive and keep on file the original application, statement 4 of applicant and certificate of physicians, and the copy of the order 5 of commitment, attested by, and with the return thereon of, the 6 officer or other person serving the same.


SECTION 49. The fees of the judge shall be as follows: for 1 hearing and determining the application and filing papers, if the 2 alleged insane person is brought before him, three dollars; and 3 if he is required to go from his office or place of business to see 4


1862, 223, § 7. 1879, 222.

5 and examine the alleged insane person, an additional fee of one G. S. 73, §§ 17, 6 dollar and all necessary expenses of travel. If more than one day G. S. 74, § 11. 7 is actually and necessarily occupied in a hearing, two dollars for 1873, 273 8 each additional day shall be allowed. The fee for each physician 1880, 250, § 3. 9 making a certificate shall be four dollars, and twenty cents for each 10 mile travelled one way. The fees for officers serving process under 11 this chapter shall be the same as are allowed by law in like cases.


1894, 493.


1838, 31.

1 SECTION 50. All necessary expenses attending the apprehension, Expenses, how
2 examination, trial or commitment of an alleged insane person shall,
3 if the commitment is to a state insane hospital, county receptacle
4 or the Boston insane hospital, be allowed and certified by the judge,
5 and presented as often as once a year to the county commissioners,
6 who shall examine and audit the same; and they shall then be paid P. S. 87, § 24.

187, 228, § 5.
1850, 235.
10, 250, 3.

G. S. 73, §§ 16,

1881, 186, § 1.

7 by the county of which the alleged insane person is an inhabitant. 8 If application is made for commitment to any other asylum, hos9 pital or receptacle, the expenses shall be paid by the applicant or 10 by a person in his behalf.


SECTION 51. Neither the overseers of the poor nor, in Boston, 2 the insane hospital trustees shall commit to or detain in any alms3 house, private dwelling or other place, without remedial treatment, 4 an insane person whose insanity has continued for less than twelve 5 months; and within seven days after the admission or discharge 6 of an insane person in their care, to or from any almshouse, private 7 dwelling or other place, said overseers or institutions registrar shall 8 report in writing such admission or discharge to the state board of 9 insanity. All persons suffering from recent insanity shall have the 10 opportunity of medical treatment in a hospital or asylum, under the 11 direction of a physician qualified according to the provisions of 12 section thirty-six, if they or their friends so desire.

1 SECTION 52. If the state board of insanity has reason to believe 2 that an insane or other person who is a proper subject for its care, 3 confined in an almshouse or other place at the public charge or 4 otherwise, is deprived of suitable treatment, it shall cause applica5 tion to be made to a judge for the commitment of such person to an 6 institution under its supervision.

Treatment of 1886, 319, §§ 3, 4.

recent insane.

1890, 414, § 2.

1897, 451.
1898, 433, § 28.

apply for com


State board to
1864, 288, § 7.
1890, 414, § 1.
1898, 433, § 14.

of persons

sane without 1881, 272, §§ 1, 2.


1 SECTION 53. The superintendent or keeper of any insane hos- Commitment 2 pital or the McLean asylum may, without an order of a judge as violently in3 provided in section thirty-four, receive into his custody and detain warrant. 4 in such hospital or asylum for not more than five days any person P. S. 87, §§ 26, 5 whose case is certified to be one of violent and dangerous insanity 8, 438, § 1. 6 and emergency by two physicians qualified as provided in section 7 thirty-six by certificates separately made and signed, and con8 forming in all other respects to the provisions of said section. The 9 person so committing such insane person shall give a bond in the 10 sum of one hundred dollars to the treasurer of such hospital or 11 asylum, with condition that he will within five days procure an 12 order for the commitment of said patient or failing thereof will 13 remove him.

SECTION 54. The superintendent or keeper of any hospital as aforesaid may receive and detain therein, as a boarder and patient, 2

1881, 272, § 3. P. S. 87, § 28.

1 Op. A. G. 283. any person who is desirous of submitting himself to treatment and 3

who makes written application therefor, but whose mental condi- 4

tion is not such as to render it legal to grant a certificate of insanity 5
in his case.
Such boarder shall not be detained for more than three 6
days after having given notice in writing of his intention or desire 7
to leave such hospital.


Voluntary ap plicants.

Notice to board
of insanity.
1881, 272, § 4.
P. S. 87, § 29.
1886, 101, § 4.
1898, 433.

to Medfield
1892, 425, § 4.

SECTION 56. A patient shall not be admitted to the Medfield 1 insane asylum unless transferred thereto by the state board of in- 2 1898, 433, § 28. sanity from a state insane hospital or the Worcester insane asylum. 3

Commitment of women. 1899, 198.

SECTION 55. If a patient is received into any such hospital upon 1 his own application or under the provisions of section fifty-three, 2 the superintendent thereof shall give immediate notice of such re- 3 ception to the state board of insanity, stating all the particulars of 4 the case, including the legal settlement of the person so received, 5 if known; and said board shall immediately cause such case to be 6 investigated and a record to be made of all the facts relative thereto. 7

SECTION 57. A physician who wilfully conspires with a person 1 conspiring to unlawfully or improperly to commit to an insane hospital or 2

Penalty upon

commit sane
1881, 272, § 5.
P. S. 87, § 30.

asylum in this commonwealth a person who is not insane shall be 3
punished by fine or imprisonment, at the discretion of the court.


Nurses to be
employed in
1897, 418.
1898, 433, § 16.

SECTION 58. If a woman is committed to an insane hospital 1 or asylum, the committing magistrate shall, unless she is accom- 2 panied by her father, husband, brother or son, designate a woman 3 to be an attendant or one of the attendants to accompany her 4 thereto.


SECTION 59. In committing patients to, and transferring them 1 between, institutions for the insane under the supervision of the 2 board, nurses or attendants from such institutions shall, as far as 3 practicable, be employed instead of officers of the law, and female 4 nurses or attendants shall be employed to accompany female patients. 5


Commitments of dipsomani

SECTION 60. Any of the judges named in section thirty-four 1 may commit to the Massachusetts hospital for dipsomaniacs and 2


1885, 339, § 1.

1889, 414, $$ 6,7. inebriates any male, or to a state insane hospital any male or 3

1891, 158, § 1. 1899, 266, § 1. 1900, 350.

female, who is addicted or subject to dipsomania or inebriety either 4 in public or private; but no such commitment shall be made until 5 satisfactory evidence is presented to the judge by whom the pro- 6 ceedings for commitment are heard that such person has had like 7 notice to that required by section thirty-five and is not of bad 8 repute or of bad character apart from his habits of inebriety. The 9 magistrate who receives the application for such commitment shall 10 examine on oath the applicant and all other witnesses, shall reduce 11 the application to writing and cause it to be subscribed and sworn 12 to by the applicant. He shall cause a summons and a copy of said 13 application to be served upon the person to be committed in the 14

15 manner provided by section twenty-six of chapter two hundred and 16 seventeen. Said person shall be entitled to a hearing, unless after 17 receiving said summons, he shall in writing waive such hearing; 18 and in such case, said magistrate may issue an order for his com19 mitment to said hospital without such hearing if he is of opinion 20 that such person is a proper subject for its treatment or custody.


1 SECTION 61. A person so committed to said hospital for dipso- Release on pro2 maniacs and inebriates may be detained therein two years from the 1889, 414, §§ 8, 9. 3 date of his commitment and no longer; but if it appears to the 165 Mass. 559. 4 trustees that he will not continue to be subject to dipsomania or

5 inebriety, or will be sufficiently provided for by himself or his 6 guardian, relatives or friends, they may, upon such conditions as 7 they may impose, issue to him a permit to be at liberty, revocable 8 by them at any time previous to its expiration. The violation of 9 any of the terms or conditions of such permit by the holder thereof 10 shall render it void, and the trustees may thereupon issue an order 11 authorizing the arrest and return to the hospital of the holder 12 thereof, which may be served by any officer qualified to serve 13 criminal process in any county. The holder of such permit may vol14 untarily return to the hospital and place himself in the custody of 15 its superintendent. Upon the return of a holder of such permit, 16 voluntarily or involuntarily, he shall be detained therein according 17 to the term of his original commitment.

1 SECTION 62. An inmate of said hospital who escapes therefrom Escapes. 2 may be arrested and returned thereto by any officers qualified to 1897, 474, § 1.

3 serve criminal process in any county, or by any officer or employee

4 of said hospital. The superintendent of police of Boston, city mar5 shals and chiefs of police of cities and towns, upon written informa6 tion from the superintendent of said hospital of such an escape, shall 7 cause the person so escaping to be arrested and returned to said 8 hospital if he is within such city or town.



1 SECTION 63. A person may appeal from the order of the judge Appeal from 2 who commits him to said hospital to the superior court sitting for writer of com. 3 criminal business in the county from which he is committed, in the 19, 414, §§ 104 manner provided by section twenty-eight of chapter one hundred 1899, 266, § 2. 5 and fifty-seven, but he shall be held in said hospital to abide the 6 final order of said court until he recognizes in the manner provided 7 in section twenty-two of chapter two hundred and nineteen. On 8 such appeal the judge who ordered the commitment may bind the 9 witnesses by recognizance as provided in chapter two hundred and 10 seventeen, and shall make a copy of the order of commitment and 11 other proceedings in the case and transmit the same with the recog 12 nizance, if any, to the clerk of the superior court. If the appellant 13 so requests, an issue or issues shall be framed and submitted to a 14 jury in the superior court.

1 SECTION 64. If the appellant fails to enter and prosecute his ap- Default for 2 peal he shall be defaulted on his recognizance, and the superior tion of appeal.

3 court may enter an order in like manner as if he had been ordered 1889, 414, § 13. 4 to be committed by that court; and process may issue, if necessary,

5 to bring him into court to be recommitted.

Withdrawal of
1889, 414, § 14.

General laws applicable. 1885, 339, § 2. 1889, 414, § 7. 1899, 266, § 1. 177 Mass. 11.

Commitment of epileptics. 1895, 483, §§ 8, 9, 11.

1899, 211, § 1.
Op. A. G., Dec.
1, 1899.

Admission of sane epileptics. 1898, 213, § 1. 1899, 211, § 3.

SECTION 65. The appellant may at any time before the copy of 1 the proceedings has been transmitted to the superior court be 2 brought personally before the judge from whose order the appeal 3 was taken, and, at his request, may be permitted by the judge in 4 his discretion to withdraw his appeal and abide by the order of 5 said judge, who shall order that the appellant comply with the order 6 appealed from in the same manner as if it were then imposed.


Form of application. 1898, 213, § 2.

SECTION 66. The provisions of this chapter relative to the com- 1 mitment of insane persons to an insane hospital shall, unless other- 2 wise expressly provided, apply to and govern commitments under 3 the provisions of the six preceding sections, except that it shall be 4 specifically alleged that a person who is committed thereunder is a 5 dipsomaniac or inebriate instead of alleging that he is insane.


Reception of
1895, 483, § 10.
1899, 211, § 2.

SECTION 68. The trustees of said hospital may receive and 1 detain therein, as a boarder and patient, any person of the age of 2 1 Op. A. G. 515. fourteen years or over, subject to epilepsy, who desires to submit 3

himself to treatment and makes written application therefor, but 4 whose mental condition is not such as to render it legal to grant a 5 certificate of insanity; and upon his reception at said hospital, the 6 superintendent shall report the particulars of the case to the state 7 board of insanity, which may investigate the same. No such patient 8 shall be detained more than three months after having given written 9 notice of his intention or desire to leave said hospital.



SECTION 67. A person of the age of fourteen years or over 1 who is subject to epilepsy, if he is not a criminal, an idiot, inebriate 2 or violently insane, may be received for care and treatment in the 3 Massachusetts hospital for epileptics by the trustees thereof or may, 4 if insane, be committed thereto. The state board of insanity may 5 also transfer to said hospital any such epileptic who has been com- 6 mitted to an insane hospital, or if it has reason to believe that he is 7 deprived of proper care and treatment, may cause any such epileptic 8 confined in an almshouse or other place at the public charge or 9 otherwise to be transferred or committed thereto.


SECTION 69. A person of the age of fourteen years or over who 1 desires to be admitted to said hospital under the provisions of the 2 preceding section and is not of sufficient ability to pay the charges 3 for his support therein, and who has no person or kindred bound 4 by law to maintain him of sufficient ability to pay such charges, 5 may apply to any judge authorized to commit insane persons for 6 approval of his application for admission. No such person shall be 7 admitted to said hospital except in accordance with the provisions 8 of this and the four following sections. 9

SECTION 70. Such petition shall be accompanied by a written 1 application to the trustees of said hospital for admission thereto, 2 signed and sworn to by the petitioner, stating his residence, and 3 to the best of his knowledge, his place of settlement, that he is an 4 epileptic and that neither he nor any person bound by law to main- 5 tain him is of sufficient ability to pay the charges for his support. 6

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