1851, 96, §§ 1, 2. in civil cases, and shall not be entertained at any term of the superior court held exclusively for the transaction of criminal business. 13 Met, 246. 12 Gray, 190. Complainant not required to sup port defendant in 2 Allen, 402. 4 Allen, 365. 5 Allen, 301. 7 Allen, 477. 105 Mass. 234. See 1863, 127, § 5. SECT. 14. Nothing herein contained shall be so construed as to require the complainant to pay or give security for the support of the defendant when he is committed to prison by virtue of the provisions of this chapter; nor shall such defendant be discharged from imprisonment by reason of payment or security not being made or given for his support. Government of each hospital vested in five trustees. Appointment and term of office of trustees SECTION CHAPTER 73. [See 1862, 51, 223; 1863, 240, § 2; 1864, 288; 1865, 268; 1871, 821.173227,275 OF THE STATE LUNATIC HOSPITALS. /874,363 SECTION lowed by court, and made up in the general bill. 19. Lunatics having no settlement may be commit ted to state hospital. 20. Fees of magistrates, &c. 21. Presence of lunatic may be required, &c. 23. Expenses of lunatics having known settlements, 25. Remedy of towns for expenses of lunatics com- 26. Removal from one hospital to another. 28. Remedies for Boston, Nantucket, and any 29. Lunatics, how discharged or removed. 30. Removal of incurable lunatics. A jury may be had on request, &c. 31. After removal, if not comfortably supported, &c., may be recommitted. 32. Trustees may furnish clothing, &c. SECTION 1. The government of each of the state lunatic hospitals at Worcester, Taunton, and Northampton, shall be vested in a board of five trustees, appointed and commissioned by the governor with the advice and consent of the council, subject to removal only for sufficient cause. The trustees now in office shall continue to hold their offices R. S. 48, § 17. 1856, 247, $1. until the terms thereof expire according to the provisions of this sec1859, 177, § 3. tion. On the first Wednesday of February in each year the term of See 1862, 223, § 1. office of the senior member in each board, as they stand arranged on the list of their appointments, shall terminate, and the name of the person appointed to fill the vacancy shall be placed at the bottom of the list, and other vacancies may at any time be filled, and the names of the persons appointed substituted in the list for the remainder of the vacant terms. SECT. 2. The trustees of each hospital shall be a corporation for the purpose of taking and holding, to them and their successors, in trust for the commonwealth, any grant or devise of lands, and any donation or bequest of money, or other personal property, made for the use of the institution of which they are trustees, and for the purpose of preserving and investing the proceeds thereof in notes or bonds secured by good and sufficient mortgages or other securities, with all the powers necessary to carry said purposes into effect. Trustees may grants, &c., and and duties of; SECT. 3. They shall take charge of the general interests of the insti- Trustees, powers tution and see that its affairs are conducted according to the require- R. S. 48. § 2. ments of the legislature and the by-laws and regulations which the 1853,318, §1. board shall establish for the internal government and economy thereof; See 1862, 223, and they shall be reimbursed all expenses incurred in the discharge of $ 12. their official duties. 1856, 247, § 3. to make by laws, appoint offi &c. SECT. 4. They shall establish by-laws and regulations, with suitable penalties, for the internal government and economy of the institution; cers, fix salaries, shall appoint a superintendent who shall be a physician and constantly Rs. 48, § 3. reside at the hospital; and a treasurer who shall give bonds for the 1853, 318, § 1. faithful discharge of his duties; and shall appoint, or make provision in 1856, 247, § 3. the by-laws for appointing, such officers as in their opinion may be necessary for conducting efficiently and economically the business of the institution; and shall determine, subject to the approval of the governor and council, the salaries of all the officers. All their appointments shall be made in such manner, with such restrictions, and for such terms of time, as the by-laws may prescribe. paid. SECT. 5. The salaries of the superintendents, assistant-physicians, Salaries, how stewards and matrons of the state lunatic hospitals, shall be paid quar- 1859, 107, § 1. terly from the current receipts of the several hospitals. 1852, 269, § 1. 1857, 40. SECT. 6. There shall be thorough monthly visitations of each hospital Visitations of hospitals, annual by two of the trustees thereof, and quarterly by a majority of them, and meeting, resemi-annually by the whole board, at each of which a written account ports. R. S. 48, § 5. of the state of the institution shall be drawn up, which shall be presented at the annual meeting to be held between the first and fifteenth days of October. At the annual meeting a full and detailed report shall be made, exhibiting a particular statement of the condition of the hospital and all its concerns, with a list of the salaried officers and their salaries, and in a tabular form, under the heads specified in section eleven of chapter five, the value of the stock and supplies, to be laid before the governor and council on or before the fifteenth day of October, for the use of the government; and at the same meeting the treasurer shall present to the trustees his annual report on the finances of the institution; both of which reports shall be made up to the thirtieth day of September inclusive. The trustees shall audit the report of the treasurer, and transmit it with their annual report to the governor and council. SECT. 7. The accounts and books of the treasurer shall at all times be open to the inspection of the trustees. Treasurer's books. mit lunatics furi natic resided, &c. 1852, 44. 1839, 149, § 3. 11 Gray, 107. See that act. SECT. 8. (R.) [In the county of Suffolk any judge of the superior court, Judges may comand in any other county the judge of the probate court, or if he is sick ously mad; shall or absent or there is a vacancy in the office, any judge of the supreme certify where lujudicial court or superior court, may commit to either of said hospitals R. S. 48. § 6. any lunatic Indian, or other lunatic person, who in his opinion is so furiously mad as to render it manifestly dangerous to the peace and safety of the community that he should be at large; and all lunatics ordered to be confined by any court according to the provisions of chapters one hundred and seventy-one and one hundred and seventy-two shall be committed to one of said hospitals. In all cases the judge shall certify in what place the lunatic resided at the time of his commitment, or if ordered to be confined by any court, the judge of such court shall certify in what place the lunatic resided at the time of the arrest in pursuance of which he was held to answer before such court; and such certificate shall for the purposes of this chapter be conclusive evidence of his residence.] for commitment, &c. SECT. 9. (R.) [Any person applying for the commitment of a lunatic Persons applying under the provisions of the preceding section, shall first give notice in to give notice, writing to the mayor or one or more of the selectmen of the place where R. S. 48, § 7. the lunatic resides, of his intention to make such application; and satis- (R.) Repealed by 1862, 223, § 18. factory evidence that such notice has been given shall be produced to the judge.] Persons applying for commitment of a lunatic to &c. 1862, 223, § 18. SECT. 10. (R.) [He shall file with his application a statement, as near as can be ascertained, of the civil condition and birthplace of the file a statement, lunatic; the duration and supposed cause of disease; the previous exist1858, 64, §§ 1, 2. ence of insanity, or otherwise, in the person or family; the habits of the (R.) Repealed by lunatic in regard to temperance; his disposition, whether suicidal or not; together with any facts showing whether he has or has not a settlement; the name and address of some one of the nearest relatives; and if the lunatic is a woman, whether she has children, and if so, what time has elapsed since the birth of the youngest; and if he is unable to state any of the above particulars, he shall state his inability to do so. The statement, or a copy thereof, shall be transmitted to the superintendent of the hospital with the order for commitment.] Judge may hear applications at any time, and shall convene jury in certain cases. 1837, 228, § 1. (R.) Repealed 1862, 223, § 18. by How jury to be See 1862, 223, § 6. Judge to preside. 1837, 228, § 3. How deficiency in jury supplied. 1837, 228, § 4. Fees of jurors, Expenses of trial. 1837, 228, § 5. SECT. 11. (R.) [The judge may hear and determine such applications or complaints against persons charged as being lunatics, at such times and places as he may appoint; and when requested by the person com plained against, he shall issue a warrant to the sheriff or his deputy directing him to summon a jury of six lawful men, to hear and determine the question whether the person complained against is so furiously mad as to render it manifestly dangerous to the peace and safety of the community that he should be at large.] SECT. 12: The jurors shall be selected in equal numbers from the place in which the trial is had, and one or two adjoining places, as the judge shall direct; and the same proceedings shall be had in selecting and empanelling the jury as are prescribed in chapter forty-three: provided, that in the counties of Suffolk and Nantucket all the jurors may be taken from the same place. SECT. 13. The judge shall preside at such trial, and administer to the jury an oath faithfully and impartially to try the issue, and the verdict of the jury shall be final on the complaint. SECT. 14. If by reason of challenges or otherwise there is not a full jury of the persons summoned, the judge shall cause the officer who served the summons, or in his absence the officer attending the jury, to return suitable persons to supply the deficiency; and shall have the same authority as the supreme judicial court to enforce the attendance of jurors and witnesses, and inflict fines for non-attendance. SECT. 15. The officer who summons and attends the jury shall receive therefor four cents a mile for all necessary travel, and one dollar and fifty cents for each day that he attends upon them; and the jurors and witnesses shall be entitled to such compensation as is prescribed for jurors and witnesses in the supreme judicial court. SECT. 16. The expenses of the trial, including the fees of all necesSee 1862, 223, § 7. 8ary witnesses, shall be allowed and certified by the judge, and paid out of the county treasury. Fees of judges for discharging luna- SECT. 17. There shall be allowed to each judge of the probate court, committing and for receiving, hearing, and determining, every application made to him for the commitment of a lunatic, a fee of two dollars, to be paid out of the county treasury. The judges shall present their accounts for such fees as often as once in each year, to the county commissioners, who shall audit and allow them if found correct. There shall be allowed to the judge of the probate court for receiving, hearing, and determining, an application for the discharge of a lunatic from either hospital, two dollars, to be paid by the party making the application. of officers for allowed by court and made up in the general bill. SECT. 18. The superior court may allow to any sheriff, constable, or committing to be other person to whom a precept is directed by name, who may commit any person to either hospital, the same fees as are allowed to officers upon the commitment of persons to prison, and such further sums for See 1862, 223, § 6. expenses incurred in said commitments as to the court may seem reasonable; and the sums so allowed shall be made up in the general bill of costs for the term of the court at which the allowance is made. 1838, 31. appears on application in writing to any e of whom shall be of the quorum, or to a ving no known settlement within this state art shall commit such person to one of the Lunatics having no settlement state hospital. Fees of magis trates, &c. (R.) Repealed by tie may be re nder the preceding section, magistrates, offi- 1858, 64. to &c., at what rate R. S. 48, § 8. 1 tics having paid and how re R. S. 48, § 9. 3 Met. 1. 5 Gray, 390. penses of said hospitals for the support of Expenses of luna- 6 Allen, 586. tics having no paid and how re R. S. 48, § 11. expenses of the hospitals for the support of Expenses of lunasettlements in this state committed thereto, known settlehonwealth at the same rates charged for other ment, by whom not exceeding two dollars and fifty cents a covered. d the same may afterwards be recovered by 1856, 108, § 4. onwealth of the lunatics themselves, if of suf- 1857, 209. same, or of any kindred obligated by law to 1859, 107, § 2 place of their settlement, if any such within (R.) Repeated by 1862, 223, § 18. and the district-attorneys or other prosecuting See 1870, 105. ts therefor when requested. But this section 116 M. 570 where support was furnished to persons before June in the year eighteen hundred and fifty 1858, 161. Removal from one hospital to SECT. 26. The governor may at any time cause to be removed from one of said hospitals to either of the others, such of the inmates thereof as circumstances or the necessities of the case may in his judgment See 1863, 240, § 4. require. When hospitals are full, trustees may remove in- for removal, how made R. S. 48, § 15. Remedies for county for support of persons so removed. Rates of pay. R. S. 48, § 16. 1852, 312, § 1. Resolves, 1845, 114. (R.) Repealed by 1862, 223, § 18. SECT. 27. (R.) [If at any time all said hospitals are so full that the inmates cannot all be suitably accommodated therein, and in the opinion of the trustees of either hospital it is proper that some should be removed, the trustees may remove to the jails or houses of correction in the respective counties from which such lunatics were sent, so many as may be necessary to afford suitable accommodation for the remainder. In making selections for such removal the trustees shall, when other cir cumstances are equal, select foreigners before citizens, and among citizens those who in their opinion are least susceptible of improvement at the hospital; and the lunatics so removed shall be subject to the order and direction of the commissioners of said counties respectively.] SECT. 28. (R.) [The city of Boston, town of Nantucket, or any county, tucket, and any may recover expenses incurred for the support of lunatics removed under the preceding section, of the lunatic or any kindred obligated by law to maintain him, and shall have like rights and remedies to recover the full amount of such expenses against the place of his settlement as towns have against each other to recover the expenses of supporting paupers. If the lunatic has no settlement in this state, and such expenses are not paid by himself or his kindred, said city, town, or county, shall be indemnified by the commonwealth: provided, that the sum to be paid by the commonwealth shall in no case exceed two dollars and fifty cents per week for a term less than thirteen weeks; two dollars and twenty-five cents per week for any term exceeding thirteen weeks and less than twenty-six weeks; two dollars per week for any term exceed ing twenty-six weeks and less than one year; nor be more than at the rate of one hundred dollars per year for any term of one year and upwards; nor more in any case than the amount actually paid out and expended for the support of such state lunatic pauper.] Lunatics, how moved. R. S. 48, § 14. SECT. 29. (R.) [Any two trustees of either hospital, or either of the discharged or re- justices of the supreme judicial court or superior court, at any term held within and for the county in which the hospital is located, may, on application in writing for that purpose, discharge from confinement, after the cause of such confinement has ceased, any lunatic committed thereto. The trustees may also remove any idiot or other patient to the place where the judge or court committing him shall certify that he resided, when in their opinion he ceases to be dangerous and is not susceptible of mental improvement by remedial treatment at the hospital, if such place shall not remove him after reasonable notice in writing from the trustees.] Removal of incurable lunatics. A jury may be &c. 1839, 149, § 1. SECT. 30. Any justice of the supreme judicial court or superior court, at any term held within and for the county in which either hospital is had on request, located, or the judge of the probate court of such county, may on appli cation in writing for the discharge from such hospital of any lunatic who has remained there a sufficient time to make it appear that he is incura ble, cause him to be delivered to the agents of any place in which he has his legal settlement, or to his friends when it appears that it would not be to his injury, and that he would be comfortably and safely provided for by any parent, kindred, friend, master, or guardian, or by the place of his legal settlement. When request for the purpose is made in writing by any person interested in such discharge, the judge before whom the trial is to be held shall issue a warrant to the sheriff of the county or his deputy, directing him to summon a jury of six lawful men to hear and determine the question whether such lunatic is incurable, and may be comfortably and safely provided for according to the terms of this section; the proceedings shall be the same in selecting the |