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1871, 321, § 3. P. S. 87, § 42.

Notice to superintend

ent. Further proceedings. 1839, 149, § 1. G. S. 73, § 30.

SECTION 99. The justice, upon reasonable cause shown for a 1 hearing, shall order notice of the time and place thereof to be given 2 to the superintendent of the hospital or place of confinement, and to 3 1864, 288, $$ 3, 5. such other persons as he considers proper; and such hearing shall be 4

1871, 321, § 4. P. S. 87, § 43.

as soon as conveniently may be before any justice of said court 5 in any county. The alleged insane person may be brought before 6 the justice at the hearing upon a writ of habeas corpus, if any person 7 so requests and the justice considers it proper, and an issue or issues 8 may be framed and submitted to a jury by direction of the justice 9 or on the request of any person who appears in the case. The 10 jurors may be those in attendance on said court, if in session at the 11 time of the hearing, or may be summoned for the purpose upon the 12 order of the justice substantially in accordance with the provisions 13 of chapter one hundred and seventy-six.

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If not insane or dangerous, to

SECTION 100. If it appears upon the verdict of the jury, or in 1

be discharged. the opinion of the justice, if the case is not submitted to a jury, that 2

1871, 321, § 5.
1879, 132.
P. S. 87, § 44.
3 Allen, 225.

Custody of in-
sane persons
after dis-
charge.
1886, 319, §§ 1,
2, 4.

1897, 451.
1898, 433, § 28.

Clothing, etc., to be furnished

on discharge.

1834, 150, § 9. R. S. 48, § 13. G. 32.

1862, 223, § 16.

stating that he believes or has reason to believe that a person named 3 in such application is confined as an insane person in an insane hos- 4 pital or other place, public or private, and ought not longer to be so 5 confined, and giving the names of all persons supposed to be inter- 6 ested in keeping him in confinement, and requesting his discharge. 7

P. S. 87, § 45.
1 Op. A. G. 159.

the person so confined is not insane, or that he is not dangerous to 3 himself or others and ought not longer to be so confined, he shall 4 be discharged from confinement.

5

SECTION 101. Upon the discharge of an insane person from an 1 insane hospital or asylum, the overseers of the poor in the place of 2 his settlement, if any, or in Boston, the insane hospital trustees, shall 3 have the legal custody of his person and may make provision for 4 his maintenance and treatment at such asylum, almshouse, private 5 dwelling or other place as they consider expedient. If he has no 6 known settlement in this commonwealth, the state board of insanity 7 shall have the legal custody of his person and may make such pro- 8 vision for his maintenance and treatment at any place within this 9 commonwealth or elsewhere as said board considers suitable. But 10 no insane person who has sufficient property or friends able and 11 willing to support him shall be subject to the control of the over-12 seers of the poor, or in Boston, of the insane hospital trustees, as a 13 pauper, or be restrained under their authority except by a decree of 14 court for sufficient reasons which shall be stated therein.

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SECTION 102. No pauper shall be discharged from a state hos- 1 pital without suitable clothing; and the trustees may furnish the 2 same at their discretion, and such amount of money, not exceeding 3 twenty dollars, as they may consider necessary. Such money and 4 the cost of such clothing, the expense of pursuing such insane 5 paupers as escape therefrom, and of burial of such as die in the 6 hospitals, shall be reimbursed to the trustees by the places of legal 7 settlement of city and town paupers, and by the commonwealth in 8 the case of state paupers.

9

PLACING IN FAMILIES.

1

may be

families.

SECTION 103. The state board of insanity may, if it considers it Insane persons 2 expedient, place insane persons of the chronic and quiet class at boarded in 3 board in suitable families in the commonwealth, and the cost of such 1885, 385, § 1. 4 board of insane persons having no settlement in this commonwealth 1898, 433, §§ 24, 5 shall be paid from the appropriation for the support of state paupers 6 in insane hospitals, at a rate not exceeding three dollars and twenty7 five cents a week for each person.

1886, 101, § 4.

28.

1 SECTION 104. Bills for the support of insane persons who are 2 boarded in families at the expense of the commonwealth shall be 3 payable quarterly, and shall be audited by the state board of in4 sanity, which shall, at the end of March, June, September and 5 December, present to the auditor a schedule of all such bills as have 6 been incurred during the quarter; and the board shall keep a register 7 in such form that the auditor shall be able to verify such schedules.

how paid.

Bills for board 1885, 385, § 2.

board.

101, § 188, 433, 27.

1 SECTION 105. The state board of insanity shall cause all insane Visitations by 2 persons who are boarded in families at the expense of the common- 1885, 385, § 3. 3 wealth to be visited at least once in three months, and all insane 4 persons who are boarded in families at the expense of cities and 5 towns and whose residence is made known to said board, to be 6 visited in like manner at least once in six months by an agent of 7 said board.

5 an insane person who is boarded at the expense of a city or town 6 and is found to be unsuitably provided with a boarding place.

1

neglected

SECTION 106. Said board shall remove to an insane hospital or Removal of 2 to a better boarding place all insane state paupers who, upon visita- persons. 3 tion, are found to be abused, neglected or improperly cared for 1885, 385, § 4. 4 when boarded out in families; and may remove to an insane hospital

COUNTY RECEPTACLES.

1

tacles, etc., for

persons.

SECTION 107. There shall be in each county within the precincts County recep 2 of the house of correction, or if in the opinion of the county com3 missioners it cannot be conveniently provided therein, then in some 4 other building or buildings, which shall be deemed a part of the 5 house of correction, a convenient apartment or receptacle for the P. S. 87, § 46. 6 confinement of insane persons who are not furiously mad.

insane
6, 223, § 1.
1842, 100.

G. S. 74, § 1.

sane persons

jails.

G. S. 74, § 7.

1 SECTION 108. An insane person who is confined by legal au- Removal of in2 thority in a jail, house of correction or such county receptacle may, confined in 3 by order of the governor, be removed therefrom to any of the state 13, 73, § 3. 4 insane hospitals, or to any other jail, house of correction or other 1854, 15, 5 suitable place, if it appears to him that such removal would be 1880, 250, $6. 6 expedient and just; and the sheriff of the county in which such 7 person is confined shall execute such order and convey the insane 8 person to the place therein designated.

P. S. 87, § 50.

1

not to contract

SECTION 109. The keeper of a jail, house of correction or county Jailers, etc., 2 receptacle shall not contract for supporting within the county for support of 3 buildings any insane town pauper, without first obtaining the insane pau.

pers.

1832, 163, § 7. 1834, 150, § 8. R. S. 48, § 12. G. S. 74, § 10. P. S. 87, § 52.

City asylums for chronic

CITY ASYLUMS FOR CHRONIC INSANE.

insane.

SECTION 110. A city having more than fifty thousand inhabitants 1 14, 24, 56 1,2. may maintain therein until the first day of January in the year 2

§§

1900, 451, §§ 1, 2. nineteen hundred and four one or more asylums for the care and 3

Inspection by state board. 1884, 234, § 3.

Private

asylums to be
licensed.
1864, 288, § 8.

P. S. 87, § 53.
1 Op. A. G. 283.

Penalty for keeping withO license. 1864, 288, § 9. P. S. 87, § 54.

approval in writing of the county commissioners. Whoever violates 4 the provisions of this section shall forfeit not less than one hundred 5 dollars.

6

Assistance by

common-
wealth.
Res. 1851, 44.
Res. 1861, 26.
Res. 1874, 18.
1878, 126, § 2.
P. S. 87, § 56.
1886, 298, § 4.

treatment of the chronic insane of such city, or of any other city or 4 town, and may enact suitable ordinances relative to the maintenance 5 and management thereof. The provisions of section fifty-three 6 shall apply to such asylums and they may receive insane persons 7 who may be committed according to the provisions of section 8 thirty-four; but no person whose insanity has existed for less than 9 six months shall be committed to nor detained therein, except as 10 provided in said section fifty-three. Every such asylum shall be 11 under the care of proper medical officers having experience in the 12 care of the insane. The city of Boston may establish such asylums, 13 and the provisions limiting the right to maintain them until said 14 first day of January shall not apply to said city.

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SECTION 111. The state board of insanity or its agent shall visit 1 and inspect every such asylum at least once in every six months 2 and may remove or transfer the inmates thereof in the same manner 3 as it removes or transfers inmates of other hospitals or asylums, and 4 may transfer and admit to said asylums patients supported by cities 5 and towns in the state hospitals or elsewhere. The managers of 6 any such asylum may discharge any inmate thereof when they con- 7 sider it expedient.

8

PRIVATE INSANE ASYLUMS.

SECTION 112. The governor and council may license any suitable 1 person to establish and keep an asylum or private house for the 2 reception and treatment of insane persons, and may at any time 3 revoke such license. Such asylum or private house shall be subject 4 to visitation by the governor and council, or any committee thereof, 5 and by the judge of probate of the county in which it is situated.

6

SECTION 113. Whoever establishes or keeps such asylum or private house without a license, unless otherwise authorized by law, 2 shall forfeit not more than five hundred dollars.

123

MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED.

SECTION 114. There shall be six trustees, on the part of the 1 school for the commonwealth, of the Massachusetts school for the feeble-minded, 2

Trustees of
Massachusetts

feeble-minded.
1878, 126, § 2.
P. S. 87, § 55.
1883, 239.

two of whom shall be annually appointed by the governor, with the 3 advice and consent of the council, for a term of three years.

4

SECTION 115. The commonwealth shall annually pay thirty-five 1 thousand dollars to the treasurer of said school for its use, in equal 2 quarterly payments, upon condition that the board of trustees shall 3 be composed of twelve persons, six of whom shall be appointed by 4 the governor, with the advice and consent of the council; that the 5

Res. 1898, 66.

6 governor, lieutenant governor, secretary of the commonwealth, 1887, 123, § 1. 7 president of the senate, speaker of the house and the two chaplains 8 of the general court shall constitute a board of visitors to visit and 9 inspect the institution as often as they see fit, to examine the by10 laws and regulations enacted by the corporation, and generally to 11 see that the object of the institution is carried into effect; and that 12 the members of the general court for the time being shall be, ex 13 officiis, visitors of the institution, and have the privilege, during 14 the sessions, of inspecting it.

1

SECTION 116.

iss6, 298, § 1.

The Massachusetts school for the feeble-minded Departments. 1883, 239, § 1. 2 shall maintain a school department for the instruction and education 3 of feeble-minded persons who are within the school age or who in 4 the judgment of the trustees thereof are capable of being benefited 5 by school instruction, and a custodial department for the care and 6 custody of feeble-minded persons beyond the school age or not 7 capable of being benefited by school instruction.

classification

1886, 298, § 2.

1 SECTION 117. Persons received by said corporation shall from Reception and 2 time to time be classified in said departments as the trustees shall of pupils. 3 see fit, and the trustees may receive and discharge pupils at their 12 4 discretion, and may at any time discharge any pupil or other inmate 1898, 455, § 28. 5 and cause him to be removed to his home or to the place of his 6 settlement or to the custody of the state board of insanity. They 7 may also allow any inmate to be absent on a visit for not more than 8 three months, and the liability of any person or place to said cor9 poration for the support of such inmate shall not be suspended by 10 reason of such absence unless, during such period, such inmate 11 becomes a charge to the commonwealth elsewhere.

maintenance

1 SECTION 118. Said corporation shall gratuitously receive, main- Gratuitous 2 tain and educate in the school department such indigent feeble- for indigent 3 minded persons from this commonwealth as shall be designated by nated by the 4 the governor upon the recommendation of the secretary of the board governor. 5 of education. Special pupils may be received from any other state 1886, 29, § 3. 6 or province at a charge of not less than three hundred dollars a

1883, 239, 6.

7 year. The trustees may also at their discretion receive, maintain. 8 and educate in the school department other feeble-minded persons, 9 gratuitously or upon such terms as they may determine.

1

of feeble

sons.

SECTION 119. If, upon application in writing, a judge of probate Commitment 2 finds that a person is a proper subject for the Massachusetts school minded per 3 for the feeble-minded, he may commit him thereto by an order of 13, 239, § 5. 4 commitment directed to the trustees thereof, accompanied by the 1886, 28, $ 5. 5 certificate of a physician, who is a graduate of a legally organized 6 medical college and who has practised three years in this common7 wealth, that such person is a proper subject for said institution. 8 The fee of the judge for hearing and determining the application 9 shall be three dollars, and if he is required to go from his office or 10 place of business to attend such hearing, an additional fee of one 11 dollar and all necessary expenses of travel, which shall be paid upon 12 the certificate of the judge by the county in which such application 13 was heard.

Notice of inten-
tion to apply
for commit-
ment.
1884, 88.
1886, 298, § 6.

Charges for support of inmates. 1883, 239, § 3.

SECTION 121. The charges for the support of each inmate in the 1 custodial department of said school shall be three dollars and 2 1886, 298, 557, twenty-five cents a week, and shall be paid quarterly. Such 3

10.

charges for those not having known settlements in the common- 4 wealth shall, after approval by the state board of insanity, be paid 5 by the commonwealth, and may afterward be recovered by the 6 treasurer and receiver general of such inmates, if.of sufficient 7 ability, or of any person or kindred bound by law to maintain them, 8 or of the place of their settlement, if subsequently ascertained; for 9 those having known settlements in this commonwealth, either by the 10 persons bound to pay or by the place in which such inmates had their 11 settlement, unless security to the satisfaction of the trustees is given 12 for such support. If any person or place refuses or neglects to pay 13 such charges, or such amounts as may be charged and due for the 14 removal of an inmate whom the trustees are authorized by law to 15 remove, the treasurer may recover the same to the use of the school 16 as provided in section eighty.

17

from place of settlement, etc. 1883, 239, § 4. 1886, 298, § 8.

SECTION 120. A person who intends to apply for the commit- 1 ment of a feeble-minded person under the provisions of the pre- 2 ceding section shall first give notice in writing to the mayor of the 3 city or one of the selectmen of the town in which such feeble- 4 minded person resides, of such intention. Satisfactory evidence 5 that such notice has been given shall be produced to the judge and 6 shall accompany the order of commitment.

7

SECTION 122. A city or town which pays the charges and ex- 1 port, etc., may penses for the support or removal of a feeble-minded person admitted 2

Place paying charges of sup

recover same

to said school shall have like rights and remedies to recover the 3 amount thereof with interest and costs from the place of his settle- 4 ment, or from such person if of sufficient ability, or from any person 5 bound by law to maintain him, as if such charges and expenses had 6 been incurred in the ordinary support of such feeble-minded person. 7

Reports of
trustees.
1886, 298, § 9.
1898, 433, § 26.

Transfers to
school.
1886, 298, § 10.
1898, 433, § 28.

SECTION 123. The trustees of said school shall annually prepare 1 and send to the state board of insanity a written or printed report of 2 its proceedings, income and expenditures, properly classified, for the 3 year ending on the thirtieth day of September, stating the amount 4 appropriated by the commonwealth, the amount expended under 5 said appropriation, the whole number and the average number of in- 6 mates, the number and salaries of officers and employees, and such 7 other information as the board may require, and shall also once 8 in three months make a report to said board of the number of 9 inmates received and discharged, respectively, during the preceding 10 three months, the whole number then in the institution and the 11 number of beneficiaries supported by the commonwealth, and such 12 other information as the board may require.

13

SECTION 124. The state board of insanity may from time to time 1 transfer from the state hospital, state farm, or any of the state 2 insane hospitals, to the Massachusetts school for the feeble-minded 3 any inmate whose condition would be benefited by such transfer, 4 upon the certificate of a physician that he is a proper subject for 5 said institution. 6

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