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hospital cot

1887, 441, § 2.

SECTION 125. The governor, with the advice and consent of the Trustees of 2 council, shall appoint five trustees of the hospital cottages for tages. 3 children who shall hold their offices for a term of three years from 1890, 354, § 2. 4 the date of their appointment. They shall serve without compensa- 10p. A. G. 68. 5 tion, and, with the trustees elected by said corporation, shall have 6 the management of the business and property of said corporation 7 and the general supervision of its cottages.

1892, 407.



of trustees.

The trustees of said corporation shall annually Annual report 2 prepare and send to the state board of insanity a written or printed 17, 441, $3. 3 report of all its proceedings, income and expenditures, properly 1898, 43, § 24. 4 classified, for the year ending on the thirtieth day of June, stating

5 the amount expended under any appropriation from the general 6 court, the whole number and average number of beneficiaries, the 7 number and salaries of officers and persons employed, and such 8 other information as said board may require.


sent to.

1889, 230, §

SECTION 127. The state board of insanity may send to and keep Children to be 2 at said hospital cottages for children such number of children 1887, 441, § 4. 3 afflicted with epilepsy or other chronic diseases as shall be approved Isus, 433, 24. 4 by the trustees and superintendent thereof, to be maintained at such 5 expense to the commonwealth as shall be determined by said state 6 board and said trustees.

NOTES. - Sect. 24. The combination of St. 1884, c. 322, § 4 and St. 1895, c. 483, § 3 adds to the power of the trustees of Westborough insane hospital the same power given to the trustees of the Massachusetts hospital for epileptics to use the funds for the alteration of old buildings."

Sect. 27. The combination of the various laws relating to the different institutions in this section will operate to require the appointment of assistant physicians by the board of trustees.

Sect. 36. The word medical" has been inserted before" school" as it is clearly implied from the context and is also contained in St. 1898, c. 213, § 5.

Sect. 57. Attention is called to the omission to limit the fine or imprisonment provided for in this section. It would be in harmony with our penal statutes to limit the extent of the punishment.

Sect. 63. The commissioners have substituted the words " sitting for criminal business" for the words next to be held" in view of St. 1897, c. 490 and of what they are informed is the practice in Suffolk county; and they have thus removed the doubt as to the jurisdiction. The procedure has been made to conform to that in other criminal appeals.

Sect. 81. Pub. Sts. e. 87, § 34 applied to all existing state hospitals and this section has been made applicable to those subsequently established.

Sects. 81, 82. If the provisions of St. 1900, c. 451, § 1 releasing cities and towns from the support of the insane after the first day of January, 1904, are intended to apply to these sections, they should be amended accordingly.

Sect. 88. This section is reported in a new draft embodying the provisions of the later statutes. With the aid of St. 1900, c. 451 the law has been construed to give to the state board unlimited power of transfer of persons who have been legally adjudged insane and to give it no power of transfer of a person until he has been adjudged insane. The provisions of §§ 1, 8 of said act have been construed as applicable to private receptacles for the insane. The words "not subject to the orders of a court" have been introduced from an opinion of the attorney general given Sept. 26, 1899. (Page 82 of his report.)

Sect. 90. The words in brackets have been inserted to conform to a similar provision in relation to the hospital for dipsomaniacs.

Sect. 91. This section is operative in its present form until Jan. 1, 1904, and after that date the requirement of an application and the consent of the legal or

Board of trustees.

1895, 503, § 1. 1900, 192.

Use of land held by trustees.

1895, 503, § 2.

Trustees to be a corporation. 1895, 503, § 3.

Powers and
duties of
1895, 503, § 5.

Compensa tion, etc., of trustees. 1895, 503, § 7.

Physicians, assistants, etc. 1895, 503, § 8.

natural guardian will be inapplicable to cases of transfers to a state hospital if the draft of section eighty-eight of this chapter is enacted. In such case the words, After the first day of January in the year nineteen hundred and four the transfer to a state hospital or asylum may be made by the state board of insanity without an application or the consent of the legal or natural guardian,” should be added.


Seet 107. St. 1900, c. 451 makes no reference to the provisions of sections one hundred and seven to one hundred and nine inclusive, providing for county receptacles, nor to the provisions of section fifty for the payment of certain expenses by the counties, and these provisions have therefore not been modified. Sect. 109. The expediency of limiting the maximum amount of the forfeiture is submitted to the legislature.

Sect. 120. By St. 1898, c. 438, § 2 the provision for a similar notice in the case of the insane has been repealed.



SECTION 1. The board of trustees of the Massachusetts state 1 sanatorium shall consist of five persons, one of whom shall an- 2 nually, before the first Monday in July, be appointed by the gov- 3 ernor, with the advice and consent of the council, for a term of 4 five years from said day. Any such trustee may be removed by 5 the governor, with the advice and consent of the council, for such 6 cause as they consider sufficient and express in the order of re- 7 moval.


SECTION 2. The land held by said trustees in trust for the com- 1 monwealth for the use of said sanatorium shall not be taken for 2 a street, highway or railroad without leave of the general court 3 specially obtained.


SECTION 3. The trustees shall be a corporation for the same pur- 1 poses for which the trustees of each of the state insane hospitals are 2 made a corporation by the provisions of section twenty-three of 3 chapter eighty-seven, with all the powers necessary to carry said 4 purposes into effect.


SECTION 4. Said trustees shall have the same powers and shall 1 be required to perform the same duties in the management and con- 2 trol of said sanatorium as are vested in and required of the trustees 3 of the various state insane hospitals under the provisions of sections 4 twenty-six, twenty-seven and thirty of chapter eighty-seven.


SECTION 5. Said trustees shall receive no compensation for their 1 services, but they shall be reimbursed by the commonwealth for all 2 expenses actually incurred by them in the performance of their 3 official duties.


SECTION 6. Said trustees may appoint the physicians, assistants 1 and employees necessary for the proper administration of the affairs 2 of said sanatorium and may incur all expenses necessary for the 3 maintenance of the same. They shall provide homœopathic medical 4 treatment for all patients who desire it and for that purpose shall 5

6 appoint such number of homeopathic physicians as may be neces7 sary.

1 SECTION 7. The charges for the support of the inmates of said 2 sanatorium who are of sufficient ability or have persons or kindred 3 bound by law to maintain them shall be paid by such inmates, such 4 persons or such kindred at a rate to be determined by the trustees 5 of said sanatorium. The board of such inmates as have a legal 6 settlement in a city or town shall be paid by said city or town if 7 such patients are received at said sanatorium on the request of the 8 overseers of the poor thereof. The trustees may in their discretion 9 receive other patients who have no means to pay for treatment ; 10 and the board of all such patients shall be paid by the common11 wealth.


1 SECTION 8. There shall be a thorough visitation of said sana- Visitation by 2 torium by two of the trustees thereof monthly, and by a majority of annual report. 3 them quarterly, and by the whole board semi-annually, at each of 1895, 503, § 10. 4 which a written report of the condition of the institution shall be 5 prepared, which shall be presented at the annual meeting to be held 6 in October. At the annual meeting, the trustees shall make a 7 detailed report in the same manner as is required of the trustees of 8 the state insane hospitals, and shall audit the report of the treasurer, 9 which shall be presented at said annual meeting, and transmit it 10 with their annual report to the governor and council.


1 SECTION 9. The accounts and books of the treasurer shall at all Accounts. 2 times be open to the inspection of the trustees.

1895, 503, § 11.


Charges for inmates, etc.

support of 1895, 503, § 9.

SECTIONS 1-10. — Board of Agriculture.
SECTIONS 11-13. — Dairy Bureau.



constituted. VI., art. 2.

SECTION 1. The governor and lieutenant governor, ex officiis, Board, how 2 the secretary of the commonwealth, the president of the agricultural Const. pt. 2, c. 3 college, the secretary of the state board of agriculture, one person 1852, 142, §1. 4 appointed from and by the Massachusetts society for promoting 1866, 263, §3. 5 agriculture, one person appointed from and by each agricultural PS 20, $1. 6 society which receives an annual bounty from the commonwealth, 10p. A. G. 406. 7 and three other persons appointed by the governor, with the advice

G. S. 1.

1894, 144.

8 and consent of the council, shall constitute the state board of agri9 culture.



G. S. 16, § 2.

SECTION 2. The term of office of the appointed members shall Tenure. 2 be three years, and one-third shall retire annually on the second 1852, 142, §§ 1, 2. 3 Wednesday of January. Appointments to fill vacancies other than 4 those which occur from the expiration of terms shall be made in the 5 same manner as original appointments for the residue of the unex6 pired term.

P. S. 20, § 2. 1896, 254.

members to re-
ceive no com-
1852, 142, § 4.
G. S. 16, § 3.
1866, 263, § 2.

Res. 1859, 46. G. S. 16, § 4. 1862, 164. 1865, 243. 1867, 167, § 4. 1869, 96, § 2. 1873, 377, § 9. 1879, 235. 1881, 264.

Secretary and clerks and

SECTION 4. The board may appoint and prescribe the duties of 1 their salaries. a secretary, who shall receive an annual salary of twenty-five hun- 2

1852, 142, § 4.

Res. 1854, 72.

dred dollars, and who, with the approval of the board, may employ 3 two clerks, the first at an annual salary of eighteen hundred dollars 4 and the second at an annual salary of twelve hundred dollars, and 5 may expend for other clerical services and for lectures before the 6 board of agriculture not more than eight hundred dollars a year.


1893, 130.

1898, 459.

General agent. 1891, 412, § 6. 1900, 368.

Duties of board.

1852, 142, § 3. G. S. 16, § 5. P. S. 20, § 6.

1866, 189, § 3.
P. S. 20, §§ 7, 9.

SECTION 3. The board shall meet at the state house or at the 1 agricultural college once in each year. No member shall receive 2 compensation, but his personal expenses incurred in the perform- 3 ance of his official duties shall be paid by the commonwealth.


P. S. 20, § 3.

1859, 203, § 1.
G. S. 16, § 9.
P. S. 20, § 10.

P. S. 20, § 4.
1883, 184.

Board to be overseers of agricultural college. 1866, 263, § 1. P. S. 20, § 5.

1884, 66.
1887, 245.

1891, 300.
1892, 143.

Board to fix

SECTION 7. It may fix the days on which the agricultural so- 1

days for an

nual meetings, cieties shall commence their exhibitions, may prescribe forms for 2

of agricultural societies, etc. 1847, 69, § 4.

and regulate their returns and shall furnish to their secretaries the 3

necessary blanks to secure uniform and reliable statistics. The 4

1852, 142, § 4. 1853, 127, § 2.

G. S. 16,'$$ 6, 8. secretary of the board shall, in each year, cause to be made and 5

published for distribution an abstract of their returns.



SECTION 5. The board shall at its annual meeting appoint a general agent of the dairy bureau to assist the bureau and under its 2 direction to superintend the work provided for in section eleven. 3 He shall receive an annual salary of twelve hundred dollars and 4 his necessary expenses.


SECTION 6. The board shall investigate subjects relating to im- 1 provement in agriculture, and may take and hold in trust gifts or 2 bequests to it for promoting agricultural education or the general 3 interests of husbandry.


Report to

SECTION 8. The board shall annually, on or before the fourth 1

general court.

1932, 142, 94 Wednesday of January, submit to the general court a detailed 2 report of its transactions, with such recommendations and sug- 3 gestions as the interests of agriculture may require.

4. G. S. 16, § 7. P. S. 20, § 8.


SECTION 9. The secretary may appoint agents, who shall visit 1 the towns in the commonwealth to inquire into the methods and 2 needs of practical husbandry, ascertain the adaptation of agricult- 3 ural products to soil, climate and markets, encourage the estab- 4 lishment of farmers' clubs, agricultural libraries and reading rooms, 5 disseminate useful information in agriculture by lectures or other- 6 wise, and annually in October make detailed reports to him.


SECTION 10. The board shall be a board of overseers of the 1 Massachusetts agricultural college, with powers and duties to be 2 defined by the governor and council, but such powers and duties 3 shall not control the action of the trustees of said college or be 4 inconsistent with the provisions of chapter two hundred and twenty 5 of the acts of the year eighteen hundred and sixty-three. 6


1 SECTION 11. The dairy bureau of the board of agriculture shall Dairy bureau; appointment, 2 consist of three members of said board, one of whom shall annu- duties. 1891, 412, §§ 7,11. 3 ally, before the first day of July, be appointed by the governor, 1892, 139. 4 with the advice and consent of the council, for a term of three years, 5 or for such shorter term as he may continue a member of the board. 6 The governor may, at any time, terminate the service of any mem7 ber of said bureau, and thereupon, or upon any member thereof 8 ceasing to be a member of the board, he may appoint another mem9 ber in his place. Each member of such bureau shall receive five 10 dollars for each day of actual service and his travelling expenses, 11 which shall be paid by the commonwealth out of the fund provided 12 for in the following section. The bureau, under the general direc13 tion of the board of agriculture, shall inquire into the methods of 14 making butter and cheese in cheese factories or creameries, investi15 gate all dairy products and imitation dairy products bought or sold 16 within the commonwealth, enforce the laws for the manufacture, 17 transfer and sale thereof, and shall disseminate such information 18 as will tend to produce a better quality thereof. The secretary of 19 the board of agriculture shall be the executive officer of the bureau, 20 subject to its control and direction, and shall receive, in addition to 21 his salary as secretary, five hundred dollars a year from the com22 monwealth.


1891, 412, §§ 8,10.

SECTION 12. The bureau may expend not more than seven thou- Expenditures 2 sand dollars annually in its work, and it may co-operate with the annual report. 3 state board of health and with inspectors of milk, but it shall not in- 1895, 214. 4 terfere with the duties of such board or officers. It shall annually, 5 before the fifteenth day of January, report to the general court in 6 detail the number of agents, assistants, experts and chemists em7 ployed by it, with their expenses and disbursements, of all investi8 gations made by it, of all cases prosecuted with the results thereof, 9 and other information advantageous to the dairy industry.


violations of

1891, 412, §§ 9, 12.

1 SECTION 13. The bureau and its agents and assistants shall have Bureau to have 2 access to all places of business, factories, buildings, carriages and where dairy 3 cars used in the manufacture, transportation or sale of dairy prod- old, etc.; to 4 ucts or imitations thereof, and to all vessels and cans used in such prosecute 5 manufacture and sale, and shall have the authority given to the state law. 6 board of health or its officers, or to inspectors of milk, to enforce 1894, 280, § 5. 7 and prosecute violations of all laws relating to dairy products or 8 imitations thereof. Whoever hinders, obstructs or in any way in9 terferes with an officer or duly authorized agent of the dairy bureau 10 in the performance of his duty shall be punished by a fine of one 11 hundred dollars for the first offence and of two hundred dollars for 12 each subsequent offence, which shall be payable into the treasury 13 of the commonwealth.


Sect. 1. In view of the constitutional prohibition of the holding of any other office by the governor or lieutenant governor (Const. c. 6, art. II.) the words "ex officiis as used in the original statute (St. 1852, c. 142, § 1) have been restored.


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