-

NOTES. Sect. 11. The commissioners have omitted the words in St. 1884, c. 323, § 3 that the court shall have power to revise sentence "after determining, in the manner provided by law for the determination of facts in said court" as they suppose the legislature did not intend by these words to introduce a radical change in the practice of imposing sentences, but that the words quoted are to be construed in connection with the subject to which they relate and that their meaning is that the facts should be determined by the court in the manner of determining facts respecting sentences.

Sect. 12. It is suggested that this section might be amended so as to give an appeal to the superior court in order to afford a jury trial in an appropriate forum in the manner provided in section 28.

Sect. 21. Pub. Sts. c. 89, § 22 provided that the cost of maintenance of an indentured boy or girl should not exceed the average cost of support of children at the state primary school. That school was abolished by St. 1895, c. 428, and the standard by which cost is now to be determined is referred to the legislature. Sect. 23. The provisions of Pub. Sts. c. 89, § 24 have been extended to cover the commitment of girls to the state industrial school.

Sect. 30. The words in the case of a complaint against a boy" have been stricken out to make it applicable to cases against girls as well, the distinction having arisen from the fact that in the original act, St. 1863, c. 139, § 3, it applied only to the reform school and nautical branch thereof.

Sect. 32. The provision in Pub. Sts. c. 89, § 34 requiring notice to the mayor or selectmen before imposing sentence has been omitted. When that provision was before the court in Fanning v. Commonwealth, 120 Mass. 388, it was held to be merely directory and to have reference "to a subsequent provision in the same statute rendering such city or town responsible to the extent of fifty cents a week for such boy's support." The subsequent provision referred to was Gen. Sts. c. 76, § 29, which was repealed by St. 1876, c. 169, increasing the liability of the city or town to one dollar a week, and the latter statute, incorporated in Pub. Sts. c. 89, § 15, was itself repealed by St. 1888, c. 248, § 2. The reason for giving the notice having ceased to exist it is submitted that the notice ought not longer to be required.

State board of

insanity.

1898, 433, § 1.

CHAPTER 87.

OF THE STATE BOARD OF INSANITY AND INSTITUTIONS FOR THE INSANE.

SECTION

Insane Hospital Districts.

Commitments to Insane Hospitals.

60-66. Commitments of Dipsomaniacs and Inebriates.
67-75.-Commitments to Massachusetts Hospital for Epileptics.
76-82.- Expenses of Support.

83, 84. Privileges of Patients.

85. - Worcester Insane Asylum.

SECTIONS 86-102.- Transfers and Discharges.

SECTIONS 103-106. - Placing in Families.

SECTIONS 107-109.-County Receptacles.

SECTIONS 110, 111.- City Asylums for Chronic Insane.

SECTIONS 112, 113.- Private Insane Asylums.

SECTIONS 114–124. - Massachusetts School for the Feeble-minded.

SECTIONS 125-127.- Hospital Cottages for Children.

THE STATE BOARD OF INSANITY.

SECTION 1. There shall be a state board of insanity consisting 1 of five persons, at least two of whom shall be experts in insanity. 2 One member shall be annually appointed by the governor, with the 3

4 advice and consent of the council, for a term of five years, and any 5 member may for cause be removed in like manner. The members 6 of the board shall, except as hereinafter provided, receive no com7 pensation, but they shall be paid the necessary expenses actually 8 incurred by them in the performance of their official duties.

officer.

1 SECTION 2. The board shall appoint an executive officer, who Executive 2 shall be a physician and an expert in insanity, and who may be a 1898, 433, § 2. 3 member of the board. He shall hold the position of executive 4 officer during the pleasure of the board and shall perform such 5 duties as it requires. He shall receive from the commonwealth such 6 compensation as the governor and council may determine, and the 7 necessary expenses incurred by him in the performance of his official 8 duties.

1 SECTION 3. The board may appoint agents and subordinate
2 officers and fix their compensation, but the amount paid for their
3 salaries shall not exceed the appropriation of the general court for
4 that purpose.
No civil service examination shall be required of
5 persons so appointed who, on the first day of October in the year
6 eighteen hundred and ninety-eight, were in the employ of the com-
7 monwealth upon similar work. The board, except as otherwise
8 provided, may delegate any of its powers and duties to, and may
9 execute any of its functions by, agents appointed for such purpose
10 or by committees appointed from and by said board. The board
11 shall hold meetings each month, and oftener if necessary. It shall
12 make its own by-laws, and annually report its doings to the gov-
13 ernor and council on or before the first day of December, such
14 report being made up to the thirtieth day of September inclusive.

1

SECTION 4. The report shall contain a properly classified and 2 tabulated statement of the receipts and expenses of the board, and 3 of each of the several state institutions under its supervision for 4 said year, and a corresponding classified and tabulated statement. 5 of their estimates for the year ensuing, except estimates for the or6 dinary expenses, with its opinion as to the necessity or expediency 7 of appropriations in accordance with said estimates; a concise re8 view of the work of the several institutions under the supervision 9 of the board, for the year preceding, and such suggestions and 10 recommendations as to said institutions and as to the general inter11 ests of all persons under its supervision as it considers expedient, 12 and information embodying the experience of this country and other 13 countries, relative to the best and most successful methods of caring 14 for such persons as come under the supervision of the board.

1

board.

SECTION 5. The board shall encourage scientific investigation by Duties of 2 the medical staffs of the various institutions under its supervision, 1898, 433, §§ 5, 6. 3 shall publish from time to time bulletins and reports of the scientific 4 and clinical work done therein, and shall prescribe to the superin5 tendents of the several institutions under its supervision the forms 6 of statistical returns to be made by them in their annual reports. 7 It shall also prescribe, and provide cities and towns with, the blank 8 form of certificate required of mayors of cities or overseers of the 9 poor of towns when a pauper is sent therefrom to any one of the

Supervisory

powers.
1898, 433, § 9.
1900, 451, §§ 1,
2, 6.

Approval of plans, etc.

state institutions under its supervision, which certificate shall contain 10 such inquiry relative to the age, parentage, birthplace and former 11 residence of, and other facts relative to said pauper, as the board 12 may consider necessary, to which the mayors and overseers of the 13 poor shall render true answers, as far as they are able, before said 14 pauper is received into said institutions. 15

SECTION 6. The board shall have general supervision over the 1 state colony for the insane, the state hospitals and asylums for the 2 insane, and all other institutions and receptacles for insane or 3 feeble-minded patients, public or private, the Massachusetts hospital 4 for epileptics, the Massachusetts hospital for dipsomaniacs and in- 5 ebriates, the Massachusetts school for the feeble-minded and the 6 hospital cottages for children, and when directed by the governor, 7 may assume and exercise the powers of the boards of trustees of 8 said institutions in any matter relative to the management thereof. 9 On and after the first day of January in the year nineteen hundred 10 and four, the commonwealth shall, subject to the provisions of sec-11 tion two of chapter four hundred and fifty-one of the acts of the 12 year nineteen hundred, have the care, control and treatment of all 13 insane persons, the care of whom was vested by the provisions of 14 law in force on the eleventh day of July in the year nineteen hun- 15 dred in the commonwealth, in the cities or towns or in any board 16 of officers thereof or who may be committed to the asylums or 17 institutions of the commonwealth for the care of the insane. No 18 city or town, except Boston, shall establish such asylum or institu- 19 tion nor after said first day of January maintain the same or be 20 liable for the board, care, treatment or act of any insane person. 21

SECTION 7. The board shall inspect and approve all plans and 1 1898, 433, § 10. specifications for new buildings which are to be used by the com- 2 monwealth as institutions coming under the supervision of the 3 board, and for the extension or alteration, involving an expenditure 4 of more than two thousand dollars, of existing buildings which are 5 to be or are already so used, before such new building is erected or 6 such extension or alteration is made.

Board to be commission

ers of insanity.

1879, 291, § 5. P. S. 87, § 1. 1886, 101, § 4.

7

SECTION 8. The board shall act as commissioners of insanity, 1 with power to investigate the question of the insanity and condition 2 of any person committed to any hospital or asylum for the insane, 3 1898, 433, 13. public or private, or restrained of his liberty by reason of alleged 4 insanity at any place within the commonwealth, and shall discharge 5 any person so committed or restrained if in its opinion such person 6 is not insane or can be cared for after such discharge without dan- 7 ger to others and with benefit to himself. All questions as to the 8 sanity of inmates of the penal, reformatory and other institutions 9 of the commonwealth who present indications of insanity shall be 10 referred to and determined by the board.

Visitations of board.

1856, 294, § 3.

G. S. 71, § 6.

11

SECTION 9. The board shall visit every institution under its 1 supervision at least twice a year. It shall ascertain by actual ex- 2 amination and inquiry whether the laws relative to the persons in 3 Ps. 158. the custody and control thereof are properly observed, shall give 4 such directions as will insure correctness in the returns required 5

1879, 291, § 5.

S. 79, §§ 5,

1898, 433, § 14.

6 relative to them, and may use such means as may be necessary to 7 collect all desired information relative to their treatment. The 8 board shall have the same powers relative to the state poor who are 9 inmates of the institutions under its supervision and to their prop10 erty as are vested in towns and overseers of the poor relative to 11 paupers supported and relieved by towns. The board shall care12 fully inspect every part of the institution visited, shall offer an op13 portunity to every patient for an interview with the board or with 14 the visiting members, shall inspect every certificate of commitment 15 entered or filed since its or their last visitation, and shall enter in a 16 book provided for that purpose minutes of the condition of the insti17 tution at that time, of the patients therein, of the patients under 18 restraint and their number and any criticisms or observations which 19 the board or visiting members may have to make as to the occupa20 pation, amusement or classification of the patients, as to the cleanli21 ness and sanitary condition of the institution, as to the diet of the 22 patients, and as to any other matters which it or they may consider 23 worthy of observation or criticism.

accounts.

1 SECTION 10. The board shall prescribe a uniform system of Forms of 2 keeping accounts in the state institutions under its supervision, 1898, 433, § 18. 3 which shall be adopted and used therein.

1 SECTION 11. The board and the boards of trustees of the state Semi-annual meetings. 2 institutions under its supervision, or their representatives, shall iss, 43, $ 20. 3 meet semi-annually for consultation and harmonious action.

taining history

of inebriates.

1898, 433, § 22.

1 SECTION 12. The board shall devise, if practicable, a system by System for ob2 which the board of trustees of the Massachusetts hospital for dipso3 maniacs and inebriates shall be informed specifically of the history 4 of any person whom it is proposed to commit to said hospital, and 5 by which, if possible, an investigation of his record shall be made 6 by a probation officer, with a view to informing the court or magis7 trate prior to his deciding the question of commitment.

STATE COLONY FOR THE INSANE.

1

1900, 451, § 5.

SECTION 13. The title of the receptacle for the insane established Title 2 by chapter four hundred and fifty-one of the acts of the year nine3 teen hundred shall be the State Colony for the Insane.

1

1900, 451, § 4-6.

SECTION 14. The government of said colony shall be vested in Trustees. 2 a board of seven trustees, two of whom may be women. Vacan3 cies in the board which occur from expiration of terms shall be filled 4 annually, in January, by appointment of the governor, with the 5 advice and consent of the council, for a term of five years from the 6 first Wednesday in February following. No appointment shall be 7 made hereunder until the state board of insanity has acquired the 8 tract of land which it is authorized to acquire by section three of 9 chapter four hundred and fifty-one of the act of the year nineteen 10 hundred, and the first board shall be appointed in conformity with 11 the provisions of sections four and six of said act instead of as 12 herein provided.

SECTION 15. The trustees shall have the powers and duties pro- 1 vided in this chapter for trustees of insane hospitals, so far as 2 applicable. They shall be a corporation for the purpose of taking 3 and holding in trust for the commonwealth any real or personal 4 property granted, given, devised or bequeathed for the use of said 5 colony and of investing, expending and managing the same; but 6 all buildings erected on the land of said colony shall be the property 7 of the commonwealth and be managed as a part of said colony. 8 They shall appoint a superintendent, who shall be a physician, and 9 such other officers and assistants as may be required. The provi- 10 sions of this chapter, so far as appropriate, shall apply to said 11 colony.

STATE INSANE HOSPITALS.

12

SECTION 16. The titles of the following hospitals shall be, sev- 1 erally, the Worcester Insane Hospital, the Taunton Insane Hospital, 2 the Northampton Insane Hospital, the Danvers Insane Hospital, the 3 Westborough Insane Hospital, the Medfield Insane Asylum and the 4 Massachusetts Hospital for Epileptics.

5

SECTION 17. The land now held and which may hereafter be 1 held by the trustees of any state insane hospital or of the Massa- 2 chusetts hospital for dipsomaniacs and inebriates in trust for the 3 commonwealth, for the use of the hospital of which they are trustees, 4 shall not be taken for a street, highway or railroad, without leave 5 of the general court specially obtained. 6

SECTION 18. The government of each of the state insane hospi- 1 tals at Danvers, Northampton, Taunton and Worcester shall be 2 vested in a board of seven trustees, five of whom shall be men and 3 two of whom shall be women. One member shall annually, in Janu- 4 ary, be appointed by the governor, with the advice and consent of 5 the council, for a term of seven years from the first Wednesday of 6 February following. The members of the board may be removed 7 for cause.

8

SECTION 19. The government of the Westborough insane hospi- 1 tal shall be vested in a board of seven trustees, five of whom shall 2 be men and two of whom shall be women. The members shall an- 3 nually, in January, be appointed by the governor, with the advice 4 and consent of the council, for a term of five years from the first 5 Wednesday of February following, and may be removed for cause. 6 One member shall be appointed in the year nineteen hundred and 7 two and in every fifth year thereafter; two members in the year 8 nineteen hundred and three and in every fifth year thereafter; one member in the year nineteen hundred and four and in every fifth 10 year thereafter; one member in the year nineteen hundred and five 11 and in every fifth year thereafter, and two members in the year nine-12 teen hundred and six and in every fifth year thereafter.

13

SECTION 20. The board of trustees of the Medfield insane 1 asylum shall consist of seven persons, two of whom shall be women. 2 One member shall annually, before the first Monday in May, be 3 appointed by the governor, with the advice and consent of the 4