STATE OF MICH IG AN LAWS RELATING TO THE |\} \|| || || || Coºſ Pºp UNDER Tº sºv is to N of COLEMAN C. WAUGHAN sporºſ. A rºy on sººn By Auºy LANSING, MICHICAN - WYNKOOF HAL LENBECIS CRAW FORD CO STATE PRINTERS 1916 1916 STATE OF MIC HIG AN LAWS RELATING TO THE \\\\} \\| FEE}|E-M|\|E|) º r COMPILED UNDER THE SUPERWISION OF COLEMAN C. WAUGHAN SECRETARY OF STATE BY AUTHORITY LANSING, MICHIGAN WYNKOOP HALLENBECK CRAWFORD CO., STATE PRINTERS 1916 /// 320 6 //3" A 2 /9/6 CONTENTS. PART I. - - | - - Sections. Constitutional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6 PART II. ORGANIZATION OF ASYLUMS, ETC. Revising, etc., laws organizing asylums, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-61 Government of asylum for dangerous and criminal insane. . . . . . . . . . . . . . . , 62-91 Revising laws relative to feeble-minded and epileptic. . . . . . . . . . . . . . . . . . . . . 92-132 Michigan farm colony for epileptics. . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - 133-172 State psychopathic hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * 173–202 Providing treatment for mental disorders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Changing names of asylums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204–206 Incorporation of endowment, etc., hospitals or asylums. . . . . . . . . . . . . . . . . . 207-215 PART III. REGULATIONS, ETC., GOVERNING. Uniform regulations of certain institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 216-222 Uniform accounting System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223-231 Accounts by fiscal years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 Changing termination of fiscal year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233-234 Accounting of State institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235-241 Accounting of moneys received and expended. . . . . . . . . . . . . . . . . . . . . . . . . . 242-249 Boards of control of hospitals, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250-254 Appointing board of commissioners of Certain institutions. . . . . . . . . . . . . . . 255-264 Change of name of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 265 Safe-keeping of public moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266-273 Duty of collecting and disbursing officers. . . . . * - - - - - - - - - - - - - - - - - - - - ----- . . . 274 Officers not to be interested in contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275-276 Letting of contracts by State officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 Salaries of superintendents, etc., of State institutions. . . . . . . . . . . . . . . . . . . 278-281 Care, etc., of certain buildings, etc. . . . . . . . . . . . . . . . . . . . . . ------------------------- 282-286 Employing women physicians in certain institutions. . . . . . . . . . . . . . . . . . . . 287-288 Coal used in state institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289-291 Use of OleOmargarine, etc., in State institutions. . . . . . . . . . . . . . . . . . . . . . . . 292-293 Admission of clergymen to visit prisoners, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 294-295 Transfer of insane prisoners to asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296–298 Notice given before discharge of convict insane. . . . . . . . . . . . . . . . . . . . . . . . . 299-301 Reports from asylums, etc., to auditor general. . . . . . . . . . . . . . . . . . . . . . . . . . 302-305 Transporting unclaimed dead human bodies for dissection. . . . . . . . . . . . . . . 306–307 . . . . . . . - 3 . . . ; ; ; ; ; ; ####### - - . . . . . . 's r s :... e. . * * PART IV. GUARDIANSIHIP. Of guardians and Wards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308-332 Appointment of guardians by probate judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 4 CONTENTS. - Sections. Appeals from certain orders of probate court. . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 Guardian ad litem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335-336 Partition of lands of insane, etc., persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337-339 Conveyance of lands, etc., by insane, etc., persons. . . . . . . . . . . . . . . . . . . . . . . 340-355 Conveyance of certain real estate by guardians. . . . . . . . . . . . . . . . . . . . . . . . . . 356-357 J Partition, etc., of estates of certain persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 Partition of lands of certain persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359-361 Sale of real estate by guardians, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362-363 License to sell, etc., real estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364-367 Distribution of trust estate of insane, etc., persons. . . . . . . . . . . . . . . . . . . . . . 368 º PART V. CONDEMINATION OF PROPERTY. Condemnation of property by state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369-372 Appropriation of property in cities and villages; service of summons. . . . 373-375 Separation of highway and railroad grades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 Improvement of navigation, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 Public improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378 Locating drains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379 Sites for schoolhouses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 380-381 Acquisition of real estate by railroad company. . . . . . . . . . . . . . . . . . . . . . . . . . 382–383 Incorporation of union depot companies. . . . . . . . . . . . . . . . . . .- - - - - - - - - - - - - - 384-385 Incorporation of plank road companies . . . . . . . . . . . . . . . . . . . . . . -- - - - - - - - - - - 386-388 PART VI. MISCELLANEOUs PROVISIONs. Insanity of parties to action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 Action of ejectment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390-391 Action for waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392 Acquittal by reason of insanity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 Disposition of person not indicted because of insanity. . . . . . . . . . . . . . . . . . 394 Suits to quiet title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 Limitation of personal actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 Suits by and against incompetents, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397-398 Proceedings to enforce lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 Barring right of dower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 Barring right of dower of insane Woman. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401–406 Removal of trustee by probate court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 Capacity to buy and sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * - - - - - - - - - - 408 Sale of personal property of insane paupers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 Who may devise lands, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410-411 Lands of incompetent persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 Platting lands of incompetent persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413-421 - Partition of certain real estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422 2. Assessment of personal property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423-424 Disposition of state tax lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 Conveyances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426-429 Estates of intestates . . . . . . . . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 Competency to make wills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431 Proceedings in case of incompetents, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432 Contracts for care of drunkenness, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433–437 Maintenance of certain patients at Ionia, asylum. . . . . . . . . . . . . . . . . . . . . . . . 438 Support of insane paupers outside of poorhouses. . . . . . . . . . . . . . . . . . . . . . . . 439 Temporary relief to certain persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440-447 Status of inmates of home for feeble-minded, etc. . . . . . . . . . . . . . . . . . . . . . . . 448-449 “Insane person” construed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 Report of superintendents of poor as to insane, etc. . . . . . . . . . . . . . . . . . . . . 451-452 Insanity, etc., of constable before executing writ . . . . . . . . . . . . . . . . . . . . . . 453 CONTENTS. - 5 Sections. Compilations of certain laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 Statistics of certain institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455-456 Statistical information as to insane, etc., persons. . . . . . . . . . . . . . . . . . . . . . . 457-458 Dependent, etc., child defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459–460 Medical, etc., treatment of certain children . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461–466 Supervision of instruction in state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . 467 Dissolution of marriage of insane, etc., persons . . . . . . . . . . . . . . . . . . .". . . . . . 468-471 Persons incapable of contracting marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 Adoption, etc., of minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473 Carnal knowledge of certain females a felony. . . . . . . . . . . . . . . . . . . . . . . . . . . 474-476 Sterilization of mentally defective persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477-481 Unlawfully receiving pawn from certain persons . . . . . . . . . . . . . . . . . . . . . . . . . 482 Reporting of tuberculosis cases by certain physicians, etc. . . . . . . . . . . . . . . 483 Death certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484 Transferring, etc., certain unexpended balances . . . . . . . . . . . . . . . . . . . . . . . . 485-487 Rebuilding state buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488-492 Committing indigent insane to Wayne County asylum, etc. . . . . . . . . . . . . . . . 493-496 Committing pauper insane to Kent County asylum, etc. . . . . . . . . . . . . . . . . . 497-500 Naturalization of wife and children of insane aliens. . . . . . . . . . . . . . . . . . . . . 501 The numbers in parentheses ( ), are compiler’s sections and are consecutive throughout the book. The notes used refer to the compiler’s sections. Section numbers of the compiled laws are indicated by the section mark ($). *. PART I CONSTITUTIONAL PROVISIONS. ARTICLE III. ELECTIVE FRANCHISE. (1) SEC. 2. No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States or of this state, nor while engaged in the navigation of the Waters of this state or of the United States or of the high seas, nor while a student at any institution of learning, nor while kept at any alms- house or other asylum at public expense, nor while confined in any public prison; except that honorably discharged soldiers, seamen and marines who have served in the military or naval forces of the United States or of this state and who reside in soldiers’ homes established by this state may acquire a residence where such home is located. ARTICLE VII. PROBATE COURTS. (2) SEC. 13. In each county organized for judicial purposes, there shall be a probate court. The jurisdiction, powers and duties of such courts and of the judges thereof shall be prescribed by law, and they shall also have original jurisdiction in all cases of juvenile delinquents and dependents. - - - ARTICLE VIII. LOCAI, GOVERNMENT. (3) SEC. 11. Any county in this state, either separately or in con- junction with other counties, may appropriate money for the construc- tion and maintenance or assistance of public and charitable hospitals, sanatoria or other institutions for the treatment of persons suffering from contagious or infectious diseases. Each county may also maintain an infirmary for the care and support of its indigent poor and unfortu- nate, and all county poor houses shall hereafter be designated and maintained as county infirmaries. (4) SEC. 22. Any city or village may acquire, own, establish and maintain, either within or without its corporate limits, parks, boule- 8 CONSTITUTIONAL PROVISIONS. wards, cemeteries, hospitals, almshouses and all works which involve the public health or safety. ARTICLE X. FINANCE AND TAXATION. (5) SEC. 18. The legislature shall provide by law for the keeping of accounts by all state officials, boards and institutions, and by all county officials; and shall also provide for the supervision and audit thereof by competent state authority and for uniform reports of all public accounts to such authority. Such systems of account shall provide for accurate records of all financial and other transactions and for checks upon all receipts and disbursements of all such officials, boards and in- stitutions; and shall be uniform for all similar boards, institutions and county officials. All public accounts and the audit thereof shall be public records and open to inspection. ARTICLE XI. (6) SEC. 15. Institutions for the benefit of those inhabitants who are deaf, dumb, blind, feeble-minded or insane shall always be fostered and supported. . º PART II—ORGANIZATION. STATE ASYLUMS. An Act to revise and consolidate the laws organizing asylums for the insane and to regulate the care, management and use there- of, and to provide for the apprehension of persons believed to be insane, and for their care and custody. [Act 217, P. A. 1903.] The People of the State of Michigan enact: (7) SECTION 1. This act shall be known as the insanity law. - - (8) SEC. 2. The asylum located at Kalamazoo shall con- tinue to be known as the Michigan asylum for the insane; the asylum located at Pontiac shall continue to be known as the Eastern Michigan asylum ; the asylum located at Tra- verse City shall continue to be known as the Northern Michi- gan asylum ; and the asylum located at Newberry shall con- tinue to be known as the upper peninsula hospital for the insane. The said asylums shall be under the control of sepa- rate boards of trustees. (9) SEC. 3. The board of trustees of each of said asylums, and of all asylums hereafter organized, shall consist of six members to be appointed and hold office for a term of six years, two to be appointed every succeeding two years. Whenever hereafter another asylum for the insane shall be constructed and ready for organization the governor shall appoint two trustees for a term of two years, two for a term of four years, and two for a term of six years. All of said trustees shall be appointed by the governor by and with the advice and consent of the senate, and shall hold their several offices for the terms aforesaid and until their successors are duly appointed and qualified. The commissions shall, by their terms, expire on the second Monday of February. The present trustees shall continue in office until the expiration of the several terms for which they were severally appointed, and until their successors are duly appointed and qualified. (10) SEC. 4. The governor shall have power, and it shall be his duty, whenever any vacancy shall occur in said boards by death, removal or otherwise, to appoint some suitable person or persons to fill such vacancy or vacancies, who shall hold office until the close of the next session of the legislature Name of act. Names of asylums. Board of trustees, how constituted. Appointment, etc. Vacancies, how filled. 10 LAWS RELATING TO THE Who may Temove. Trustees, boards of, to control asylums. No compensa- tion. Expenses of, how paid. To have con- trol of prop- erty, etc. Meeting. To have general . SuperVISIOn. Employ coun- Sel, defend Suits, etc. or until such vacancy shall be filled as provided by section three of this act. The trustees shall be subject to removal by the governor for misconduct or neglect in office upon cause shown, and after an opportunity to be heard. All trus- tees hereafter appointed shall reside in the asylum district in which the asylum is situated for which they are respect- ively appointed. Two trustees of each board shall reside within five miles of their respective asylums. (11) SEC. 5. The government and sole and exclusive con- trol of the several asylums shall be vested in the said several boards of trustees. They may take and hold in trust for the state any grant or devise of land, or any donation or be- quest of money, or other personal property, to be applied to the maintenance of insane persons and the general use of their respective asylums. They shall not receive any compen- sation for their services, but shall receive their actual and reasonable expenses incurred in the performance of their duties, which shall be paid by the state treasurer, on the warrant of the auditor general, on the rendering of their accounts out of any money to the credit of the general fund not otherwise appropriated. Each board shall: First, Have the general direction and control of all the property and concerns of the several institutions over which they are respectively appointed, not otherwise provided by law. Each board shall meet regularly at least once a month ; Second, Take charge of the general interests of the asylum and see that its design is carried into effect according to law and its by-laws, rules and regulations; Third, Employ with the approval of the governor of the state necessary legal counsel in the prosecution of claims or demands against persons or corporations and may defend . all suits brought against themselves, officers or employes of the institution, to recover damages because of any act done, or failure to perform any act, while discharging their official duties and may pay any judgment recovered in such suit out Appoint med- ical superin- tendent. Appoint other em- ployes. Appoint treas- urer, bonds. of any moneys appropriated for the support of the asylum : Fourth, Appoint, as often as vacancies occur therein, a medical superintendent, who shall be a well educated legally registered physician and experienced in the treatment of the insane; Fifth, Appoint, upon the nomination of the medical super- intendent, an assistant medical superintendent and neces- sary assistant physicians (at least one of whom shall be a woman), a steward and a chaplain. All medical officers shall constantly reside at the asylums and shall be legally register- ed physicians; Sixth, Appoint a treasurer, not one of their number, who shall give bonds for the faithful performance of his trust, in such sum and with such sureties as the auditor general of the state shall approve; INSANE AND FEEBLE-MINDED. - - 11 Seventh, Determine from time to time by and with the Determine consent of the joint board of trustees, the annual salaries ;..., and allowances of the officers of the asylum under its charge, which shall be paid monthly out of the current expense fund How paid. on an officer's voucher, signed by the steward and counter- signed by the president of the board of trustees; but in no Salaries case shall the annual salaries so fixed exceed fifteen thou." sand dollars per annum, except that when the number of patients under treatment in any such asylum shall reach six- teen hundred, a sum not exceeding one thousand dollars per annum for each additional one hundred patients may be ap- propriated and allowed for said purposes. No officers shall Extra fees, be paid or receive fees, perquisites or further compensation iſº for any service or in any other manner than is provided in this section; Eighth, Establish such by-laws, rules and regulations as Establish they may deem necessary and expedient for regulating the * * appointment and duties of officers, attendants, assistants and employes, for fixing the conditions of admission, support and discharge of patients and for conducting in a proper man- ner the business of the asylum and also for the internal gov- ernment, discipline and management of the same; Ninth, Maintain an effective inspection of the asylum, for Inspection which purpose a committee shall visit it once every month, * a majority once every three months and the whole board at least once a year and at such other times as may be pre- scribed in the by-laws; Tenth, Enter in a book kept by them for that purpose, the Record of date of each visit and the condition of the asylum, patients, "* . etc., with such remarks as shall be deemed proper and all the visiting trustees present shall sign the same; - Eleventh, Make to the legislature, in the month of January Make reports. in each alternate year, a report detailing the operations and actual state of the asylum and the result of their visits and inspections, with suitable suggestions, accompanied by the reports of the medical superintendent, steward and treasurer; - Twelfth, Keep in a book to be provided for that purpose a Record of fair and full record of all their doings which shall be open "** at all times to the inspection of the governor of the state and all persons whom he, or either house of the legislature may appoint. Am. 1907, Act 290. (12) SEC. 6. The officers of the asylum shall be the medical officers of superintendent, assistant medical superintendent, the assist. * ant physicians, steward, treasurer and chaplain, all of whom, before entering on their respective duties, shall severally take the oath prescribed by the constitution. These officers and all attendants and assistants actually employed in the 12 LAWS RELATING TO THE Meetings of trustees. - Transfer of patients. Proviso, transfer to state asylum. Division of state into asylum districts. Patients to be sent to asylum in district. asylum, during the time of such employment, shall be exempt from serving on juries and from all service in the militia; and the certificate of the superintendent shall be evidence of the fact of such employment. (13) SEC. 7. The boards of trustees shall meet jointly at least twice each year at such times and places as may be pre- scribed by their joint by-laws, to adjust all questions that may arise pertaining to said institutions, and the trustees of the state asylum shall meet with them ; and the joint boards, acting under such rules and by-laws as they may adopt, by and with the advice and consent of the medical superintend- ents, may transfer patients from one asylum to another if for any cause it may become necessary or desirable, the ex- pense of such transfer to be chargeable to the state or the person, as the case may be, responsible for the maintenance of the patient so transferred: Provided, No person shall be transferred to or from the state asylum except as may be otherwise provided by law. Am. 1915, Act 97. (14) SEC. 8. The several asylum boards and the medical superintendents in joint meeting, may divide the state into asylum districts, which districts shall contain, as nearly as may be, a population in number proportioned to the capacity of the several asylums, and the several counties shall be so located in the several districts as to promote, as far as pos- sible, convenience of travel to and from the asylums to which they are assigned. The said boards and medical superin- tendents shall also have power at any time, and for satis- factory reasons, to transfer any county from one district to another, provided the proportion of population in the dis- tricts to the capacity of the several asylums shall not be seri- ously disturbed. And whenever hereafter any other asylum shall be built, organized and ready to receive patients, the said boards and medical superintendents shall reconstruct the asylum districts in accordance with the principles herein declared. Patients shall be sent to the asylum of the district of which the county in which they reside or are inhabitants is a part, if there be room at that asylum to receive them. The boards of trustees and the medical superintendents of the several asylums may, by the adoption of a joint by-law, provide for the reception of patients residing in one district by the asylum of another district. The probate court shall not direct the admission of any patient to the asylum of a district other than that of which he is a resident or may be at the time the proceedings are commenced, unless the court shall adjudicate that there is no room to receive such patient in the asylum of the district in which he resides or may be at such time, and that there is room to receive him in the asy- lum of the district to which he may be sent. - - - INSANE AND FEEBLE-MINDED. 13 (15) SEC. 9. The medical superintendent of each asylum Powers and shall be its chief executive officer, and in his absence or sick ... "super- ness, the assistant medical superintendent shall perform the intendent. duties and be subject to the responsibilities of the medical - superintendent. Subject to the by-laws and regulations es- tablished by the board of trustees, the medical superinten- dent shall have the general superintendence of the buildings, grounds and farm, together with the furniture, fixtures and stock, and the direction and control of all persons therein, and shall: - - First, Personally maintain an effective supervision and in- To examine spection of all parts of the institution and generally direct". “ the care and treatment of the patients. To this end the superintendent shall personally examine the condition of each patient after his admission to the asylum, and shall reg- ularly visit all the wards or apartments for patients, at such times as the rules and regulations of the asylums shall pre- scribe and at such other times as he shall deem necessary; Second, Nominate his co-resident officers, including at least To nominate one woman physician, with power to assign them their re. §" spective duties subject to the by-laws. He shall have power to suspend until the next meeting of the trustees, for good and sufficient cause, a resident officer; but in such case he shall forth with call a special meeting of the board of trustees to provide for the exigency, and the action of the board shall be final; - Third, Appoint, with the approval of the trustees, such and Appoint other so many other assistants and attendants as he may think nec. * essary and proper for the economical and efficient perform- ance of the business of the asylum, and prescribe their seve- ral duties and places, and fix, with the approval of the trus- tees, their compensation, and discharge any of them at his sole discretion; but in every case of discharge he shall forth- with record the same, with the reasons, under an appropri- ate head, in one of the books of the asylum ; Fourth, Give such orders and instructions as he may deem Give orders. best calculated to insure good conduct, fidelity and economy in every department of labor and expense; Fifth, Maintain salutary discipline among all who are em- Maintain ployed in the institution, and enforce strict compliance with * his instructions and uniform obedience to all rules and regu- lations of the asylum ; - Sixth, Establish and supervise a training school for attend. Establish ants and nurses under rules and regulations of the asylum ; ; * Seventh, Use every proper means to furnish employment May furnish to such patients as may be benefited by regular labor suited º' to their capacity and strength. No payment shall be made or credit given on account of any labor done by any patient While an inmate of the asylum whether public, private o otherwise; - 14 LAWS RELATING TO THE Reeping of records. When to present to trustees. Exhibit re- cords, etc., to trustees. To keep re- cords of patients. Treasurer. To have charge of moneyS. Bonds, notes, etc. Revenues. Collections. To make deposits. Monthly Statement. Eighth, Cause full and fair accounts and records of all his doings and of the entire business and operations of the institution to be kept regularly from day to day, in books provided for that purpose, in the manner and to the extent prescribed in the by-laws; Ninth, See that all such accounts and records are fully made up to the last day of June immediately preceding the meeting of the legislature, and that the principal facts and results, with his report therein, be at that time presented to the trustees; Tenth, Admit any member of the board of trustees into any part of the asylum and exhibit to him, or them, on de- mand, all the books, papers, accounts and writings belonging to the institution or pertaining to its business, management, discipline or government, and furnish copies, abstracts and reports whenever required by the board; Eleventh, Keep a book in which he shall cause to be en- tered, at the time of the reception of any patient, his name, residence and occupation and the date of such reception, by whom brought and by what authority, and on whose peti- tion the admission was directed, and have all the orders, Warrants, requests, certificates and other papers accompany- ing him, forthwith filed. The order for admission shall be full and sufficient authority and protection to the medical Superintendent, or the person acting as such in his absence, for receiving and detaining in the asylum the person named therein, and he shall not be liable to any suit or action on ac- count therof, nor shall he be liable to any suit or action for any act done or omitted to be done by any other officers or Subordinates, but he shall be responsible for his own mis- conduct. - (16) SEC. 10. The treasurer of each asylum shall: First, Have the custody of all moneys received for the benefit of the asylum, and keep an accurate account thereof; Second, Have the custody of all bonds, notes, mortgages and other securities and obligations belonging to the asylum : Third, Receive all money for the care and treatment of private patients, and other sources of revenue of the asylum ; Fourth, Collect all moneys due and in arrears from private patients; - Fifth, Deposit all moneys received by him in a bank to be designated by the board of trustees and conveniently near the asylum, in his name as treasurer, and send each month to the board of trustees a statement showing the amount thus received and deposited, from whom and for what re- ceived, and when such deposits were made. Such statement of deposits shall be certified by the proper officer of the bank receiving such deposit. The treasurer shall make an affidavit to the effect that the sums so deposited is all the money received by him from any source, of asylum income, º INSANE AND FEEBLE-MINDED. 15 up to the time of the last deposit appearing on such state- ment. All interest accruing upon such deposits shall belong to the asylum ; - - Sixth, Pay out the moneys received by him only for the Payment of uses and benefit of the asylum, and in the manner pre: * scribed by the by-laws, upon the written order of the stew- ard, countersigned by the medical superintendent, specify: ing the object of the payment; Seventh, Keep full and accurate accounts of all receipts To keep and payments in the manner directed in the by-laws, and * such other accounts as the board of trustees shall prescribe; Eighth, Balance all accounts on his books annually, on the To make last day of June, and make a statement thereof and an ab- §. stract of the receipts and payments of the past year, and de- liver the same within ten days to the auditing committee of the board of trustees, who shall compare the same with the books and vouchers, and verify the results by further com- parison with the books of the steward, and certify in re- gard to the correctness thereof to the board of trustees at their next meeting; Ninth, Render an account of the state of the books and . f funds and other property in his custody, whenever required ...” by the board of trustees; Tenth, Execute a release and satisfaction of any mort. To execute gage, judgment or other lien or debt in favor of the asy- releases. lum, when paid; - Eleventh, At the expiration of his term of office, pay To turn over and deliver to his successor all moneys, books, accounts, .º papers and other property in his possession or under his con- trol belonging to the institution. (17) SEC. 11. The treasurer of any asylum may bring an When may action, in his name as treasurer, to recover for the use bring actions. thereof: - First, The amount due upon any note, bond or mortgage Money due on in his hands belonging to the asylum ; notes, etc. Second, The amount charged and due according to the jº." by-laws of the asylum for the support of any patient therein, patientS. or for actual disbursements made in his behalf, or for his necessary clothing and traveling expenses; - Third, Upon any cause of action accruing to the asylum. Any cause No action which shall be brought by said treasurer shall ºf to abate by his death or removal from office. In such case his When suc- successor in office may be substituted in his place and the tº action prosecuted in the name of such successor. (18) SEC. 12. The steward, under the direction of the Powers and medical superintendent, shall be accountable for the careful ºf keeping and economical use of all furniture, stores and other articles provided for the asylum, and, under the direction of the medical superintendent, shall: 16 LAWS RELATING TO THE Make all purchases. First, Make all purchases for the asylum and preserve the original bills and receipts thereof, and keep full and correct accounts of the same, and copies of all orders drawn by himself upon the treasurer; Contracts. Keep certain accounts. Report to treasurer. Charge of industrial departments. Patients, how divided. Public. Private. Voluntary. Proviso, care of inebriates, etc. Further proviso, detention of insane. Second, Make contracts in the medical superintendent’s name, with the officers, attendants and assistants, and keep and settle their accounts; - Third, Keep the accounts for the support of patients, and expenses incurred in their behalf, and furnish the treas. urer quarterly, and at other times when required by the medical superintendent, statements of such as fall due; Fourth, Report to the treasurer the names and amounts due and in arrears from private patients; Fifth, Have general oversight and charge of all the in- dustrial departments of the asylum and of its farming op- erations, and of such other business as may be prescribed by the by-laws or directed by the board of trustees. (19) SEC. 13. Patients are divided into three classes as follows: First, Public patients, who are insane persons and are kept and maintained at the expense of the state, except as hereinafter provided; - Second, Private patients, who are insane persons and are kept and maintained without expense to the state; Third, Voluntary patients, who are not insane and are kept and maintained without expense to the state; but no patient of this class shall be kept or received in any pub- lic asylum, so long as there may be application for admis- sion of patients of any other class from the district to which the asylum belongs, which cannot be granted because of a lack of accommodations to receive such patients. - (20) SEC. 14. No person who is a resident of this state shall be held as a public or private patient in any asylum, public or private, or in any institution, home or retreat for the care or treatment of the insane, except upon certificates of insanity and an order for admission as hereinafter pro- vided, except voluntary patients admitted under act number eighty-one of the public acts of nineteen hundred thirteen : Provided, That such persons as may have been or may hereaf- ter be adjudged to be so addicted to the excessive use of intox- icating liquors, or narcotics or noxious drugs, as to be in need of medical and sanitary treatment and care, for whose person a guardian has or may be appointed with power to restrain his said ward in some suitable state hospital or asylum for treatment, may upon petition of the guardian and by order of the probate court, be taken to or restrained in any suit- able institution, asylum or hospital for medical or sanitary treatment and care, or hospital for the insane: Provided further, Whenever it shall appear to a judge of any court of record, justice of the peace, or a police justice of any city • º º - - INSANE AND FEEBLE-MINDED. 17 or county where such person may be upon evidence produced and from a certificate of two legally qualified physicians, to be necessary and essential to public safety so to do, said judge or police justice may authorize any superintendent of the poor or peace officer of said city or county to take into custody and cause to be removed to any hospital or other place of detention, any person believed to be insane against whom no proceedings have been instituted under this act, and such person may be detained until such proceedings as hereinafter provided shall be instituted in the probate court: Provided further, That the period of such temporary deten- tion shall not exceed five days, unless the probate court shall by special order enlarge the time: Provided further, That no person arrested under this act shall be confined in a jail or other lock-up unless such person manifests homicidal or other dangerous tendencies. - Am. 1907, Act 335; 1911, Act 155; 1915, Act 97. (21) SEC. 15. Certificates of insanity must be made by two reputable physicians, under oath, appointed by the pro- bate court of the county where such alleged insane person resides, or is an inhabitant, to conduct the examination. The physicians must be permanent residents of the state, duly 3: registered according to law, have the qualifications prescribed by the laws of this state for the practice of medicine and surgery therein, and shall not be related by blood or marriage to the alleged insane person nor to the person applying for such certificate, and such qualification shall be certified to by the clerk of the county in which such physicians reside, which certificate shall be in the following form: State of Michigan, County of . . . . . . . . . . . . 2 I hereby certify that . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . is a duly registered physician and surgeon, and has the qualifications prescribed by the laws of this state for the prac- tice of medicine and surgery therein, as shown by . . . . . . . . certificate of registration now on file in my office. (Seal) . . . . . . . . . . . . . . . . . . . . . Neither of such physicians shall be a trustee, superintendent, proprietor, officer, stockholder, or have any pecuniary inter- est, directly or indirectly, or be an attending physician, in the institution to which it is proposed to commit such person. The physicians are empowered to go where said alleged in- sane person may be and make such personal examination of him as to enable them to form an opinion as to his sanity or insanity, and no certificate of insanity shall be made except Further proviso, limit of detention. Further proviso, confinement in jail. Certificates of insanity, who to make, etc. Physicians, qualifications OI. Form. Examination. 3 18 LAWS RELATING TO THE Certificates, what to show. Fees, etc. Who may petition for order of admission. Statement of facts. Hearing. Notice. Service. after such personal examination. Certificates of insanity must show that it is the opinion of the physicians that the alleged insane person is actually insane, and shall contain the facts and circumstances upon which the opinion of the physicians is based, and show that the condition of the per- son examined is such as to require care and treatment in an asylum for the care, custody and treatment of the insane. A copy of such physicians' certificates together with a copy of the application for commitment of the patient shall accom- pany the order of commitment. Each physician making such examination and certifying the condition as to the sanity of such alleged insane person, shall, regardless of whether he finds such person to be insane or not, be entitled to receive for such services a sum of not less than five dollars, and ten cents per mile for travel necessarily performed in going to the place of such examination, and such further sum for expenses as the probate court shall allow. - Am. 1907, Act 158; 1911, Act 25. (22) SEC. 16. The father, mother, husband, wife, brother, sister or child of a person alleged to be insane, or the sheriff or any superintendent of the poor, or supervisor of any town- ship, or any peace officer within the county in which the alleged insane person resides, or may be, may petition the probate court of said county for an order directing the ad- mission of said person to an asylum or institution for the care of the insane, such petition to contain a statement of the facts upon which the allegation of insanity is based and because of which the application for the order is made. Up- on receiving such petition the court shall fix a day for the hearing thereof and shall appoint two reputable physicians to make the required examination of the alleged insane per- son, whose certificate shall be filed with the court on or before such hearing. Notice of such petition, and of the time and place of hearing thereon, shall be served personally, at least twenty-four hours before the hearing, upon the person al- leged to be insane, and if made by a sheriff or peace officer, . also upon the father, mother, husband, wife, or some one of the next of kin, of full age, of such alleged insane person, if there be any such known to be residing within the county, and upon such of said relatives residing outside of the county and within this state as may be ordered by the court, and also upon the person with whom such alleged insane person may reside, or at whose house he may be. This notice may be served in any part of the state. The court to whom the petition is presented may dispense with such personal service or may direct substituted service to be made upon some per- son to be designated by it. The court shall state in a certifi- cate to be attached to the petition its reason for dispensing with personal service of such notice, and, if substituted - INSANE AND FEEBLE-MINDED. 19 service is directed, the name of the person to be served there- with. In such cases the court shall appoint a guardian ad Guardian litem to represent such insane person upon such hearing, and “"“” in other cases it may appoint such guardian ad litem. The Inquest. |- court shall also institute an inquest, and take proofs, as to the alleged insanity of such person, and fully investigate the facts before making such order, and, if no jury is required, the probate court shall determine the question of the sanity - or insanity of such person. If the court shall deem it nec- essary, or if such alleged insane person, or any relative, or any person with whom he may reside, or at whose house he may be, shall so demand, a jury of twelve freeholders hav- Jury. ing the qualifications required of jurors in courts of record, shall be summoned to determine the question of - - insanity, and whenever a jury is required the court shall - proceed to the selection of such jury in the same manner as - is provided for the selection of a jury for the condemnation of land for railroad purposes, and such jury shall determine the question of the sanity or insanity of the alleged insane person. The jurors shall receive the same fees for attend- Fees. ance and mileage as are allowed by law to jurors in the cir- cuit court. Pending such proceedings for admission into the asylum, if it shall appear, upon the certificate of two legally qualified physicians, to be necessary and essential so to do, the court may order the alleged insane person to be placed §§n in the custody of some suitable person, or to be removed to - the asylum of the district in which he resides, or to any hospital, home or retreat, to be detained until such petition can be heard and determined: Provided, however, That the jº period of such temporary detention shall not exceed détention. thirty days, unless the court shall, by special order, enlarge the time. The alleged insane person shall have the right to Right to be be present at such hearing, unless it shall be made to appear present. to the court, either by the certificate of the medical super- intendent of the asylum, or the officers in charge of such hospital, home or retreat to which he may have been tem- porarily admitted, or by the certificate of two reputable phy- Sicians, that his condition is such as to render his removal for that purpose, or his appearing at such hearing improper and unsafe. If such person shall be found and adjudged to º be insane, the court shall immediately issue an order for his " ImlSS10m. admission to an asylum. If, at the time of, or before the º making of such order, a bond for the support of such insane person, at such asylum, in accordance with the by-laws there- of, shall be executed by at least two persons or by some surety Company authorized to do business in this state, to be ap- proved by such probate court and delivered to him, together With such sum, as an advance payment toward his support, as such by-laws may require, the admission of such insane person shall be ordered as a private patient, otherwise as a 20 LAWS RELATING TO THE Private or public patient. Liability for support. Justification of Sureties. Admission to private institution. Conveyance to institution. Guardian. Bond. Form of order of admission. public patient. Such bond and advance payment, together with the order of admission, shall be transmitted by the pro- bate court to the medical superintendent of the asylum. Until such bond and advance payment are delivered to the medical superintendent, the insane person shall be admitted into the asylum only as a public patient. The county in which such proceeding is had shall be liable to the state for the support of such patient until such bond and advance pay- ment are delivered to the medical superintendent. In case the admission of such insane person is ordered as a public patient, then the county of which such person is a resident shall be liable to the state for the support of such patient for one year. At the request of the medical superintendent, the court shall require the persons or surety company execut- ing such bond to justify their responsibility anew, or order that a new bond be given in the place of the original one, which justification or new bond shall be transmitted to the medical superintendent, and unless such justification or new bond shall be delivered to the medical superintendent, the in- sane person shall, from the time of such request, be regarded as a public patient. If the relatives or friends of such insane person shall so request, the court shall order his admission, as a private patient, to any institution, home or retreat for the care or treatment of the insane in this state, other than One of the asylums of the state, upon such relatives or friends complying with the rules and regulations of such in- stitution, home or retreat for the admission and support of the insane person as a private patient. The court may ap- point a proper person or persons to take such insane person to the asylum, institution, home or retreat, who shall each receive, as pay for such services, the sum of three dollars per day, together with his necessary expenses. The court, upon making such order for admission into an asylum, if, in his judgment, a guardian of such insane person is needed before a guardian of his or her person and estate can be readily appointed, may by a separate order, and without further notice, appoint summarily a guardian of the person only, of Such insane person, which guardianship of the person shall continue only until a guardian both of his person and estate shall be regularly appointed. Such guardian of the person shall give a bond in such sum as may be directed by the court, and with sureties to be approved by the court. The guardian shall have the same rights and be subject to the same duties with respect to the person of his ward as guardians of incompetent or insane persons have by law, ex- cept that he shall not interfere with the admission and deten- tion of the insane person pursuant to the order for admis- sion. The order for admission shall be substantially in the following form : - s INSANE AND FEEBLE-MINDED, 21 State of Michigan, The Probate Court of the County of . . . . . . . . . . . . . . . . At a session of said court, held at the probate office in the - - - - - - - - - - - - - of . . . . . . . . . . . . . . . . . . . . . . . . in said county, on the . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . A. D. nineteen . . . . . . . . . . . . . . . . . . - President, Hon. . . . . . . . . . - - - - - - - - - - - , Judge of Probate. In the matter of . . . . . . . . . . . . . . . . . . , Insane. - - - - - - - - - - - - - - - - having been appointed for hearing the petition of . . . . . . . . . . . . . . praying that said . . . . . . . . . . be admitted to the . . . . . . . . . . . . . . . . aS 8 . . . . . . . . . . . . patient, and due notice of the hearing on said petition having been given as required by law and as directed by said court, the said petitioner appeared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It appearing to the court upon filing the certificates of two legally qualified physicians, and after a full investigation of said matter, with . . . . . . . . . . . . . . the verdict of a jury that said . . . . . . . . . . . . . . . . is insane and a fit person for care and treatment in said asylum, and that . . . . . . . . . . . . should be admitted to said asylum as a . . . . . . . . . . patient. It is ordered, that said . . . . . . . . . . . . be admitted to said asylum as a . . . . . . . . . . . . patient. It is further ordered, that . . . . . . . . . . . . . be and is hereby authorized and directed to remove said . . . . . . . . . . . . . . . . to said asylum, with full power and authority for that purpose. Judge of Probate. After said order for admission has been regularly made and entered as provided herein, the judge of probate shall mail a certified copy of such order to the medical superintendent of the institution to which the patient has been committed, and upon receipt of such order the said medical superintend- ent shall, as soon as there is room for such patient at such institution, notify the judge of probate of that fact, where- upon the judge of probate shall cause the patient to be trans- ported to said institution for admission thereto: Provided, That no person shall be admitted to any such institution under such order after the expiration of twenty days from and including the date of receipt of such notice by the judge of probate. Am. 1909, Act 100 ; 1913, Act 80 ; 1915, Act 97. (23) SEC. 17. The state shall pay to the several asylums all expenses for keeping and maintaining public patients therein, including their clothing and all other expenses of the asylum for said public patients. An account of these expenses, verified by the oath of the medical superintendent, shall be sent to the auditor general quarterly, who shall draw his warrant therefor on the state treasurer who shall pay Proviso, admission. State to pay expenses for support of patients. 22 LAWS RELATING TO THE When patient liable. Who to represent state in. proceedings. the same out of any moneys appropriated for that purpose, if there be any, and if not, then out of the general fund. Every public patient, if he has an estate sufficient for that purpose, and if not, then such relatives as are legally liable for his support, shall be liable to the state for all expenses paid by it on his behalf. - (24) SEC. 18. Upon making the order for admission of a public patient, the probate court shall forth with deliver a certified copy thereof to the prosecuting attorney of the county. The prosecuting attorney is charged with the duty of appearing for and representing the state in all proceedings to reimburse it for the expenses which it may pay for a public patient, and to subject the estate of the insane person, and his relatives who are legally liable for his support, to the payment of such expenses. The attorney general shall have Supervision of the prosecuting attorneys in conducting such Proceedings in case public patients possessed of an estate. When court may appoint guardian for. proceedings, and shall report to the governor any neglect therein on the part of the prosecuting attorneys. (25) SEC. 19. When any insane person has been admitted to an asylum as a public patient, the prosecuting attorney of the county in which the order for admission was made, shall, if such person be possessed of any estate, or shall there- after, while he shall remain such public patient, become pos- sessed thereof, petition the probate court of said county in his name as prosecuting attorney, stating that such person is insane and has been admitted to an asylum as a public patient, and that he has good reason to believe and does be- lieve that he has an estate, and praying for the appointment of a guardian of such insane person, if one has not already been appointed, and that said estate may be subjected to the payment to the state of the expenses paid and to be paid by it on behalf of said insane person as a public patient. The court shall thereupon issue a citation to show cause why the prayer of the petition should not be granted. If the in- Sane person has a guardian, the citation shall be served on him. If he has no guardian, it shall be served on the insane person and also upon his father, mother, husband, wife, or some one of his next of kin, if any are known and can be found. The citation shall be served at least fourteen days before the day of hearing, and may be served in any part of the state, in the manner provided by the rules of the pro- bate courts. The court may appoint a guardian ad litem for the insane person. At the time of the hearing if it appear that the insane person has an estate which ought to be subjected to the claim of the state, the court shall, without further notice, appoint a guardian of the person and estate of the insane person if he has no such guardian, and the court shall make an order requiring said guardian to appropriate and apply such estate to the payment of SO much or such part thereof as may appear to be proper toward º INSANE AND FEEBLE-MINDED. 23 reimbursing the state for the expenses thereto incurred by it on behalf of such insane person, and such part thereof towards reimbursing the state for the future expenses which it may pay on his behalf, as may to the court appear to be just and equitable, regard being had to the claims of persons having a moral or legal right to main- tenance out of the estate of the insane person. If such guardian shall neglect or refuse to comply with such order, the court shall cite him to appear before the court at such time as it may direct, and show cause why he should not be removed, and to render an account of all money or property in his hands as such guardian, and on his continued fail- ure to comply with said order, or to appear or render such account, the court may remove him and appoint some other suitable person in his place. As an additional remedy, the prosecuting attorney may enforce payment of the sums pro- vided in the original order, by a proper action in the name. of the state. If, in the opinion of the court, the estate of the insane person is sufficient to pay the costs of these proceedings, the guardian shall be ordered to pay the same. In all other cases a certified copy of the taxed bill of costs shall be furnished to the county treasurer. The county treas: urer shall pay the same to the persons entitled thereto. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said asylum, and not afterwards, and recovery thereunder may be had for the expenses incurred on behalf of such insane person during the entire period or periods such insane person has been a patient in said asylum. (26) SEC. 20. If a public patient is an indigent person and has relatives who are legally liable for his support, the prosecuting attorney of the county in which the order of admission was made shall petition the probate court of said county in his name as prosecuting attorney, stating that the insane person has been ordered admitted to an asylum as a public patient, that he is an indigent person, and that he has relatives, naming them, who are legally liable for his support, and praying that said relatives may be adjudged to reimburse the state for the expenses paid and to be paid by it in his behalf. The court shall there- upon issue a citation to said relatives, together with the supervisor of the township or an alderman of the Ward in which the insane patient has a legal residence, to show cause why the prayer of the petition should not be granted. The citation shall be served at least fourteen days before the day of hearing, and may be served in any part of the state. It if shall appear to said court on said hearing that such insane person is indigent, and that he has relatives who are parties to said proceedings, who are legally liable for his support, and who are able to contribute thereto, he may When guard- ian may be removed. When pro- ceedings may be begun. Insane person, when relatives of, liable for Support. Issue of citation. Order requir– ing payment. 24 LAWS RELATING TO THE Refusal of relatives. When relatives unable to pay. Order, when vacated. Proceedings, when begun. When patient changed to public patient. make an order requiring the payment by such relatives of such sum or sums as he may find they are reasonably able to pay, not exceeding, however, in all, the sum of two hun- dred dollars per year. Said order shall require the payment of such sums to the state treasurer to be made annually, semi-annually or quarterly, as the court may direct. The court shall furnish the state treasurer a certified copy of such order, and it shall be the duty of the state treasurer to collect the sums therein named and to turn the same into the state treasury, so long as such insane person is a pub- lic patient. If such relatives so ordered to pay shall neglect or refuse so to do, the state treasurer shall notify the prosecuting attorney of the county in which the proceedings were had, and in case any of said relatives reside in another county or counties, then also the prosecuting attorney of Such other county or counties, of such neglect or refusal, and the prosecuting attorney of the county where said relatives or any of them reside, shall proceed by action, to be brought in the name of the state, to collect such sum. Such action may be brought in any county where any of said relatives may reside. If any person so ordered to contribute to the sup- port of such insane person shall at any time become unable to pay the sum so ordered, such person may petition the pro- bate court, setting forth the facts; upon the filing of such petition the court shall appoint a day of hearing thereon, and notice of such hearing shall be served on the prosecuting attorney of the county not less than six days before the day of hearing. If the court is satisfied that such person is no longer able to contribute such sum, it may make an order Vacating or modifying the original order, and a certified copy of the order so made shall be furnished to the state treas- urer. The costs of these proceedings shall be paid in the manner provided in the preceding section. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said asylum, and not afterwards; and recovery thereunder may be had for the expenses incurred on behalf of such insane person dur- ing the entire period or periods such insane person has been a patient in said asylum. . . Am. 1913, Act 19. (27) SEC. 21. When any insane person in indigent cir- cumstances shall have been maintained by his friends in the asylum as a private patient for three months, and the med- ical superintendent shall certify that he is insane and re- quires further treatment, the friends by whom he has been so maintained may petition the probate court, stating the facts and praying that his order for admission be changed from that of a private patient to that of a public patient. Notice of the time and place of hearing on said petition shall INSANE AND FEEBLE-MINDED. - 25 be served on the prosecuting attorney of the county not less than six days before the hearing. The court shall in- vestigate the facts and circumstances of the case, and, if deemed proper, may make an order changing the order of - admission of such person from that of a private patient to that of a public patient. A certified copy of such order shall be at once sent to the medical superintendent and prosecuting attorney of the county. The prosecuting attor- - * ney may at any time thereafter take such proceedings to - reimburse the state out of the estate of the insane person as are provided for in section nineteen, or to require the relatives of such insane person who are legally liable for his support, to reimburse the state as provided in section twenty. - (28) SEC. 22. If any person shall be admitted as a pub. When public lic patient, his order for admission may be changed to that §a to of a private patient by executing and delivering to the probate * court the bond and advance payment for his support men- tioned in section sixteen. The probate court shall thereupon make an order changing the admission of said person from a public to a private patient, and shall send a certified copy of such order, with such bond and advance payment to the medical superintendent, and thereafter such person shall be held as a private patient. All the provisions of said last named section, as to justifying anew by the persons exe- cuting said bond or giving of a new bond, shall apply to the bond so given, and in the same manner and with the same effect as if said bond had been given when the order of ad- mission was made. (29) SEC. 23. If any member of the Michigan soldiers' Admission of home shall be adjudged insane, in pursuance of this act, he º may be ordered admitted to one of said asylums as a public * patient. He shall not thereby lose his connection with the said Michigan soldiers' home, and the proper officers of said soldiers’ home shall claim from the general government any proportion of the cost of maintaining such insane inmate to which said soldiers' home is entitled by law. The expenses of the examination and transportation of such insane inmate to such asylum shall be paid by the state. (30) SEC. 24. Whenever the superintendent of the indus- Admission of trial school for boys, the state industrial home for girls, the ºre state public school at Coldwater, or any other charitable * - institution supported by the state, shall certify to the pro- bate court of the county in which such school, home or in- stitution is situated, that in his opinion any inmate thereof has become insane, such court shall immediately fully in- vestigate the facts in the case as to the question of insan- ity. It shall cause such inmate to be personally examined by two reputable physicians to be appointed by the court, who shall have the qualifications hereinbefore prescribed, - 26 LAWS RELATING TO THE When patients Sent to chartered private asylums. Who to make contracts. ProViso. and in its discretion shall call such other credible witnesses as it may deem needful, and it shall have power to compel the attendance of witnesses. If such inmate shall be found and adjudged to be insane, the court shall immediately is- Sue an order for his admission as a public patient to the asylum of the district in which such school, home or insti- tution is situated. Whenever any such inmate shall have been restored to his normal condition, the medical superin- tendent of the asylum to which he was admitted shall so certify in writing to the superintendent of said school, home, or institution, who shall forth with, on receiving such cer- tificate, send for and receive back such inmate into said school, home or institution. The expense of such examin- ation and proceedings, and of removing said inmate to and from the asylum, shall be audited by the board of state aud- itors and paid from the general fund on the certificate of the probate court, medical superintendent of the asylum, Superintendent of the school, home or institution having knowledge of the facts. (31) SEC. 25. Whenever the asylums of the state have the number of patients for which they were constructed, or whenever they are unable to receive any patients on account of the lack of room, the court is authorized to make an order for the admission as a public patient, of any person who has been adjudged to be insane, to any private asylum duly chartered in this state with which a contract for the care and maintenance of public patients has been entered into. The board of State auditors is authorized to enter into such contract at a rate per capita not exceeding the cost per capita of the care and maintenance of public pa- tients in the asylums of the state of the district in which such private asylum is located: Provided, That no bills shall be allowed under any such contract, except upon the certifi- cate of the state board of corrections and charities that such insane persons have received proper care and treat- ment. Receipt of non-residents by private institutions. (32) SEC. 26. Whenever any person alleged to be insane who is not a resident of this state shall be received in any pri- vate institution, hospital, home or retreat, for the care and treatment of mental diseases, the probate court of the county in which said institution, hospital, home or re- treat is located, is authorized and required, on application being made to him by an officer of such institution, hospital, home or retreat, or as provided in section sixteen of this act, to appoint medical examiners, institute an inquest and pro- ceed in such case as provided in said last named section. If such person shall be found and adjudged to be insane, the court may issue an order for his admission as a private patient to such institution, hospital, home or retreat. The expense of such examination and inquest shall be defrayed INSANE AND FEEELE-MINDED. - 27 by the institution, hospital, home or retreat in which such person has been temporarily received. - (33) SEC. 27. It shall be the duty of the medical superin-Transfer tendent of any asylum for the insane of the state to make ap * * plication to the board of trustees governing the asylum of which he is superintendent to transfer any insane person or persons under treatment in said asylum, who exhibit unmis- takable, dangerous or homicidal tendencies, rendering his or her presence a source of danger to others. And it shall be the duty of the said board of trustees to investigate all the facts and report to the governor, who may, in his discretion, order the transfer of such person or persons to the state asylum. The expense attending the transfer of such person or persons Expense. shall be chargeable to the state of Michigan or the county or person or persons who are responsible for the maintenance of such patient. - Am. 1915, Act 97. (34) SEC. 28. All person who are being kept and main- Public tained in said asylums at the expense of the state or any ſºº" county, when this act takes effect, shall thereafter be kept and , maintained in said asylums as public patients, at the expense of the State. - - (35) SEC. 29. Persons who are residents of this state and When persons who are afflicted mentally, or with serious nervous disability, ...?..." but who are not insane, may be admitted to the hospitals con- nected with the asylums, as voluntary patients, at the dis- cretion of the medical superintendent, under special agree- ment, when there is room for such voluntary patients therein, after providing ample accommodations for all public and private patients entitled to admission to said asylum. The rate of charge for private patients, and the rules for the admission of private patients, so far as not inconsistent, shall apply to voluntary patients. But no order of probate court for such admission shall be necessary. At or before Certificate for the time of the admission of such voluntary patient, there tº shall be presented to the medical superintendent a certifi- cate, signed by two reputable physicians having the qualifi- cations prescribed in this act, that such person is afflicted mentally or with serious nervous disability and needs asylum treatment, but is not insane. Such certificate shall be accom- panied by a certificate from the county clerk in the form prescribed in section fifteen of this act. Such voluntary patients, when so received, shall be subject to the general rules and regulations of the asylum. The amount agreed upon for the maintenance of such voluntary patients in the asylum shall be secured by a properly executed bond to be approved by the medical superintendent, and bills therefor shall be collected monthly. Voluntary patients so received, when may be may be discharged at any time by the medical superintend. * 28 LAWS RELATING TO THE In case be- lieved to be insane. When non- residents admitted. In cases of escape of patients. Discharge of patient. Proviso, notice. ent. Indigent patients may, by action of the board of trustees, be admitted as voluntary patients under such rules and regu- lations as they may prescribe therefor. In case any voluntary patient in any asylum of this state is believed to be insane, the father, mother, husband, wife, brother, sister or child of such voluntary patient, or the sheriff or any superintend- ent of the poor, or supervisor of any township, or any peace officer within the county in which such voluntary patient lives, or the medical superintendent, or assistant medical su- perintendent, of such asylum in which such voluntary patient may be held, may petition the probate court of the county in which such alleged insane person lives for the admission of such patient into an asylum as a public or private pa- tient, whereupon such proceedings shall be had as are pro- vided by section sixteen of this act. (36) SEC. 30. The asylums are intended for the benefit of the bona fide residents of the state. A non-resident may be admitted to an asylum to receive such temporary care as he may require, pending his return to his home. The board of trustees shall cause any person who has been admitted to an asylum, but who has not acquired a legal settlement in this state, to be removed as soon as possible to the coun- try or state to which he belongs. The actual and necessary expenses of such removal shall be audited by the board of state auditors and paid from the general fund in the state treasury upon vouchers certifying to the circumstances of such removal and showing in detail the expenses thereof. (37) SEC. 31. If a patient shall escape, the medical super- intendent shall take all proper measures for his apprehension, and he may offer a reasonable reward therefor. The ex- pense of the recapture of a private patient shall be paid by the person responsible to the asylum for his care and main- tenance, and of a public patient shall be paid by the asylum and shall be a charge against the state, to be included in its quarterly bills. (38) SEC. 32. The medical superintendent may discharge any patient in the following cases: First, A patient who, in his judgment, is recovered; Second, Any patient who has not recovered, but whose dis- charge, in the judgment of the superintendent, will not be detrimental to the public welfare, nor injurious to the pa- tient: Provided, however, That before ordering such dis- charge, the Superintendent shall send notice by mail to the friends of such patient or to the superintendent of the poor of the county whence he came, and if such patient is not re- moved within ten days thereafter, he shall be returned to his home and friends or to the superintendent of the poor of said county. When the superintendent is unwilling to dis- charge an unrecovered patient upon request, and so certifies in writing, giving his reasons therefor, the probate court of 2. INSANE AND FEEBLE-MINDED. 29 2. the county from which the patient was admitted into the asy- lum may, upon certificate, and an opportunity for hearing thereon being accorded the superintendent, and upon such . other proofs as may be produced, direct, by order, the dis- Discharge charge of such patient, upon such security to the people of * * the state as the court may require for the good behavior and maintenance of the patient. A certified copy of the order shall be delivered to the superintendent of the asylum from which the patient is discharged. The superintendent may Parole. grant a parole to a private patient, not exceeding thirty days at any one time, under general conditions prescribed by the board of trustees. Such parole shall not affect the validity of the bond given for the support of such patient. A patient Re-admission. who has been discharged by the medical superintendent may, with the approval of the superintendent, be re-admitted to the asylum under the original order of admission at any time within one year after the date of such discharge, but there- after he shall only be re-admitted upon a new adjudication of insanity and a new order for admission. If the patient has been discharged by order of any court, or has been found restored to soundness of mind as provided in section thirty- four, he shall not again be admitted to the asylum except up- on a new adjudication and order for admission. - Am. 1915; Act 97. (39) SEC. 33. No patient shall be discharged without suit- What to. able clothing; and if it cannot otherwise be obtained, the §" steward shall, upon the order of the medical superintendent, Pº" furnish the same and money not exceeding twenty-five dol- lars to defray his necessary expenses until he can reach his relatives or friends, or find employment to earn a subsistence. (40) SEC. 34. When any person shall have been adjudged Yºon insane and shall have been discharged from or shall not have restored to been received into any asylum, home or retreat, petition #" may be presented to the court making such adjudication for a finding and order declaring such person restored to sound- ness of mind. Upon the presentation of such petition to such court by the person so adjudged insane, or by the per- son making the application for such adjudication, the court shall fix a time for hearing thereon, and in case the applica- tion is made by the person adjudged insane, shall cause notice of such hearing to be given to the person who applied for such adjudication, if he be found in said county, and may cause such further notice to be given as to the court seems proper. If, upon the hearing of such petition, the court, from the testimony given, shall find such person re- stored to soundness of mind, an order shall be entered de- Claring him sane: Provided, however, That the testimony Proviso as to of at least two reputable physicians, establishing the sanity “"“” 30 LAWS RELATING TO THE Insane en- titled to Writ of habeas COTDuS. When unlaw- ful to confine in almshouse. Criminal in- Sane, where Sent. Rate of charges, by whom fixed, etc. of such person, shall be required before the finding of the court and entering of such order. (41) SEC. 35. Anyone in custody as an insane person in any asylum, home or retreat, is entitled to a writ of habeas corpus, upon a proper petition to the circuit court of the county in which said asylum, home or retreat is situated, made by him or some friend in his behalf. Upon the return of such writ, the fact of his sanity shall be inquired into and determined. The medical history of the patient, as it ap- pears in the books of the asylum, home or retreat, shall be given in evidence, and the superintendent or medical officer in charge of the institution wherein such person is held in custody, and any other proper person, shall be sworn touch- ing the mental condition of such person. (42) SEC. 36. After sufficient room shall have been pro- vided in the asylums for all public patients, it shall be unlaw- ful for county superintendents of the poor or any other au- thorities to confine any insane person in the county alms- house. (43) SEC. 37. All persons who shall be adjudged insane, and who, before such adjudication, shall have been convicted of crime or shall have been confined in the state asylum at Ionia as a patient, or who, at the time of such adjudication, shall be in confinement on a criminal charge, shall be ad- mitted to the state asylum at Ionia. If any such person shall be admitted to any of the other asylums, the medical superintendent thereof may cause him to be removed to the state asylum where he shall be received and admitted as a patient. (44) SEC. 38. The rate of charges per week to be paid each institution for the board and treatment of patients shall be fixed annually at a joint meeting of the boards of trustees and the board of state auditors; said charge not to exceed the actual cost thereof including all salaries, repairs, improve- ments and machinery, exclusive of new buildings, boilers, en- Governor to be informed. When may call another meeting. Quarterly report of Sup- erintendent. gines and dynamos, but this provision shall not be construed to prevent the furnishing of extra care and attendance to patients by special contract. Within ten days after the joint meeting of the said boards it shall be their duty to inform the governor in writing of the charge per week prescribed. If in the opinion and discretion of the governor, the rate so fixed at such meeting shall be excessive, he shall within ten days after receipt of such communication call another joint meeting of the said boards for the purpose of fixing such a rate as shall be approved by the governor. The members of the board of state auditors shall be allowed their actual expenses incurred while attending said meetings. At the close of each quarter the medical superintendent shall cer- tify to the secretary of state the name, age, and residence of INSANE AND FEEBLE-MINDED. 31 t all public patients admitted or discharged during the quar- ter. - Am. 1905, Act 221. (45) SEC. 39. The prevailing party in proceedings in in- sanity may, in the discretion of the court, recover the costs of such proceedings against the other party thereto. An execu- tion for the collection thereof may be issued which shall be in the form, as near as may be, as a circuit court execution, and shall be enforced in the same manner. If costs are re- covered against a person adjudged to be insane, his guardian may be ordered to pay them out of his estate. In all other cases, and also in all cases in which costs shall be awarded to a prevailing party which he shall be unable to collect on execution or from the guardian of an insane person as afore- said, the cost of such proceeding shall be paid by the county in the manner provided in section nineteen. The cost shall include the medical examiner's fees, jury fees, the expense of taking the insane person to the asylum, necessary clothing, and all other fees and disbursements, in the case, except attorney fees. The expense of removing all public patients from the asylum shall be advanced by the asylum, and shall be included in its quarterly bills and paid by the state. Am. 1911, Act 241. (46) SEC. 40. All officers sending a patient to the asylum, shall, before sending him, see that he is in a state of bodily cleanliness and comfortably clothed, as prescribed in the by-laws of the asylum. Each female admitted to any asylum shall be accompanied by a female attendant of reputable character and mature age, unless accompanied by her father, Recovery of COStS. Cost, what to include. Care of patients on way to asylum, etc. brother, husband or son. Any person or officer who shall bring a female patient to the asylum in violation of the last preceding provision of this section, or who shall, under the provisions of law, or otherwise, bring or accompany any pa: tient to the asylum, and not in due time deliver him into the lawful care and custody of the proper officer of the asy- lum, taking his receipt therefor, if he be admitted, or who shall wilfully leave, abandon, neglect or abuse such patient, either in going to or returning from the asylum, shall be deemed guilty of a misdemeanor. (47) SEC. 41. The superintendents of the poor in each County shall transmit to the secretary of the board of correc- tions and charities on the first day of July in each year the name and age of each insane person in the poorhouse of the county or elsewhere, receiving county aid in any form. Every county, city or town officer to whom application for aid, in behalf of any insane person, shall be made, shall at Once report the name and age of such insane person to the secretary of the board of corrections and charities. The Reports to be made to the board of corrections and charities. 32 LAws RELATING TO THE medical superintendents of the several asylums shall report quarterly to the secretary of the board of corrections and charities the names and ages, the date and circumstances attending the discharge, removal, escape or death of all pub- lic patients. The board of corrections and charities shall provide for the careful registry, by its secretary, of all facts Service upon inmates of hospitals for insane, etc. Return. When inmates allowed to execute deeds, etc. Certain con- Veyances to State de- clared valid. Officers filing will, deed, etc., to give notice. communicated in compliance with this section. (48) SEC. 37. Any citation, order or process required by law to be served on an inmate of the hospitals or homes for the insane or feeble-minded, or epileptic, or any other state hospital or asylum, shall be served only by the medical super- intendent in charge thereof or by some one designated by him. Return thereof to the court from which the same issued shall be made by the person making such service, and such service and return shall have the same force and effect as if it had been made by the sheriff of the county. The above is sec. 37, chap. xiii, of the judicature act of 1915, and super- Sedes Sec. 42 of Act 317, P. A. 1903, and sec. 31 of Act 101, P. A. 1909. See note to Sec. 121. (49) SEC. 43. No public or private patient in said asylums shall be allowed to execute any contract, deed, will or other instrument, unless such execution shall have first been al- lowed and approved by an order to be entered of record by the court admitting him to said asylum, and a certified copy of such order shall be furnished to the medical superin- tendent at the time of the execution of such contract, deed or instrument. Such order of the probate court shall be prima facie evidence only of the capacity of such patient to make such instrument. (50) SEC. 44. Any will or conveyance by which any real or personal estate may be directed to be sold or converted into money, and the proceeds paid over to this state, or the treasurer thereof, in trust for any insane person, and any will bequeathing or deed conveying any money to this state or the people thereof, in trust for any insane person, is hereby declared to be legal and valid, as to such trust, and the trust so reposed and declared shall be accepted, subject to the conditions, restrictions, and limitations contained in this act. No trust shall be accepted under this act unless the moneys so bequeathed, or the proceeds of sale of real or personal estate so devised, bequeathed or conveyed shall amount to at least one hundred dollars. (51) SEC. 45. It shall be the duty of any officer with whom any will containing such devise or bequest shall be filed, after being informed of the death of the testator, and of any officer to whom any will containing any such devise or bequest shall be presented for probate, immediately thereafter to no- tify the state treasurer and the attorney general of such filing or presentation, and it shall be the duty of the attor- ney general, upon being so notified, or upon being otherwise INSANE AND FEEBLE-MINDED. 33 informed of the execution of any such will, and of the death of the testator, to institute and carry on all necessary suits and proceedings to secure the payment into the state treas- ury of all moneys which, under this act and in pursuance of such trust, may be received by the state treasurer. (52) SEC. 46. It shall be the duty of the executor of such will or administrator with the will annexed to pay to the state treasurer all moneys which may be payable to the state or the people thereof, as trustee for any such trust, and the said moneys when so received by the state treasurer, shall be placed by him to the credit of the fund to be known as the (naming the insane person) “insane trust fund,” and the interest on the same shall be computed annually at the rate of three per cent, and such interest and trust fund shall be paid out for the benefit of the persons for whom such trust may be created, and as provided by this act. (53) SEC. 47. The board of trustees of any state asylum for the insane shall have charge of all persons within its district for whose benefit any such trust shall be created, and of all expenditures payable by such interest or insane trust fund. Any such insane person confined in any state asylum for the insane, while the said interest and trust fund shall be sufficient for that purpose, shall be furnished with cloth- ing, lodging, board, medicines, medical and other attendance, care, comforts and conveniences as are usually, and in ac- cordance with the rules of such asylum, allowed to other patients whose support shall be paid for by private persons, and at the same rate of charges. And said board shall, so far as it may be possible, but within their reasonable dis- cretion, regulate the expenditures on behalf of such insane person so that the same may be defrayed from the interest authorized to be paid on the principal of the fund so cre- ated for his benefit. If the interest shall be insufficient, such expenditures may be made from the principal of the fund. Duty of exec- utor, etc. Duties of trustees relative to trustS. And if any sum be received from any other source for the support and care of such person, the moneys so received shall be first used for the payment of such expenditures in preference to money drawn from such interest or trust fund. Should any such insane person” be removed from such asy- lum, by his legal custodian or guardian, while so insane, such expenditure on his behalf shall cease; and such interest or trust fund shall remain unappropriated until such person shall be returned to the asylum, or the same shall be paid out as hereinafter provided by this act. (54) SEC. 4S. If any insane person for whose benefit any such trust shall be created, shall be confined or kept in any other place than a state asylum, the board of trustees of such asylum for the insane in whose district the case arises shall, upon notice of such trust from the state treasurer, cause such person to be removed to the asylum, and shall there When person for whom trust, created removed to asylum. 5 - 34 LAWS RELATING TO THE provide for the support of such person, the same as provided by the section in reference to persons confined in said asylum. Proceedings when patient becomes sane or dies. Who State treasurer to notify on receipt of In OneyS. Appeals from probate court. (55) SEC. 49. If any insane person for whose benefit any such trust shall have been created shall become sane and free from liability to a return of his malady, or shall die, the board of trustees of the asylum in which he was a patient shall certify to the auditor general and state treasurer that such person has become sane and is no longer in need of support from such asylum by reason of prior insanity and liability to the return thereof, or is dead; and the state treas- urer upon the warrant of the auditor general, shall pay to such person or persons as may be entitled thereto, under the will or conveyance by which such fund was created, the bal- ance, if any, of the principal and interest standing to the credit of such insane pesson. And if such will or conveyance shall not provide for or make any disposition of such fund in such cases, then such money shall be paid to the person for whose benefit such fund has been created, if he is living and sane, and if he be dead, then to his legal representatives. But if, because of a liability to a return of his insanity, the trustees and medical superintendent shall not deem it pru- dent that the state relinquish custody and control of the trust fund created for the benefit of any such insane person, the trustees and medical superintendent, in their discretion, may authorize the use of the interest and a necessary portion of the principal of said fund for the benefit of such person though not an inmate of the asylum. (56) SEC. 50. Immediately upon receipt of moneys into the state treasury under this act, the state treasurer shall notify the auditor general and the board of trustees of the asylum in which such person is a patient, of the amount thereof, and of the name of the person for whose benefit the fund has been created, and all payment from the treasury un- der this act shall be on the warrant of the auditor general, upon vouchers duly approved by and filed with the auditor general by the said board of trustees, the same as other moneys drawn from the treasury by the board of trustees for such asylum. - - (57) SEC. 51. Any person aggrieved by any order, sen- tence, decree or denial of the probate court, may appeal therefrom to the circuit court for the same county. Such appeal shall be taken within the same time and in the same manner, and the same proceedings shall be had there- on, except as herein otherwise mentioned, as is provided in section six hundred sixty-nine to six hundred seventy-three inclusive of the compiled laws of eighteen hundred ninety- seven. If the alleged insane person is an appellee, the notice of the appeal shall be served on him and on the person having him in charge, or his guardian ad litem. The bond to be given on such appeal shall run to the judge of probate of the º INSANE AND FEEBLE-MINDED. (35 county for the use and benefit of any person who shall be injured by the allowance of such appeal, in such penalty and with such surety or sureties as the probate court may ap- prove, and it shall be conditioned for the diligent prosecu- tion of such appeal, and the payment of all such damages and costs as shall be awarded to any person on account of the allowance of such appeal in case the person appealing shall fail to obtain a reversal of the decision appealed from. Any person injured by the allowance of such appeal shall have a right of action upon such bond, in case the decision so appealed from is not reversed. Proceedings under an order of admission shall not be stayed, pending an appeal therefrom, except upon special order of the probate court, which may revoke or modify said special order at any time. The court may also, during the pendency of said appeal, make such order for the temporary care or confinement of the al- leged insane person as may be deemed necessary. (58) SEC. 52. The terms “insane” or “insane persons” as Çertain terms used in this act, include every species of insanity and extend "" to every deranged person, and to all of unsound mind other than idiots and imbeciles, and shall exclude epileptics when- ever provision shall be made by law for their care in sepa- rate institutions; the word “oath” includes affirmation; “in- stitution” may mean either of the Michigan asylums, and “institutions” means all of said asylums; the word “estate.” includes income, annuity and pension; and “indigent person” means one who has not sufficient property to support him- self while insane, and those who have a moral or 'legal right to maintenance out of his estate; a word denoting the singu- lar number is to include one or many, and every word im- porting the masculine gender may extend to and include females. Every provision of this act applies equally to all the Michigan asylums, excepting where one or the other is specially designated, and also excepting the state asylum unless it is specifically mentioned. -- - (59) SEC. 53. Nothing in this act shall be construed to Act not to affect the tenure of office of any of the present officers of the #." asylums. - (60) SEC. 54. Insane persons residents of the county of ºº Wayne may be admitted to the Wayne county insane asylum county. in the same manner and under the same conditions and pro- cedure as provided for the admission of insane persons to - the state insane asylums by the provisions of this act, and the state shall pay to said Wayne county insane asylum, the cost of the support and maintenance of all public charges - so admitted while under treatment in said county asylum, on vouchers to be certified by the board of superintendents of the poor of said county, and the medical Superintendent of said Wayne county insane asylum, and attested by the state board of corrections and charities, that such insane 36 LAWS RELATING TO THE Proviso as to persons received proper care and treatment: Provided, That cost of Support. Acts repealed. the cost of said support and maintenance shall not exceed the per capita amount expended by the Eastern Michigan asy- lum for the care of state patients. (61) SEC. 35. The following entitled acts are hereby re- pealed, viz.: “An act to amend, revise and consolidate the laws organizing asylums for the insane, and regulating the care and management thereof, and of the inmates therein, and to repeal act one hundred sixty-four, laws of eighteen hundred fifty-nine; also act one hundred ninety-four, laws of eighteen hundred seventy-seven ; also act ninety-one, laws of eighteen hundred seventy-three, and the acts amendatory thereto; also act one hundred seventy-two, laws of eighteen hundred seventy-three,” approved June three, eighteen hun- dred eighty-five; “An act to provide for the care and main- tenance of indigent insane persons in private asylums within the state,” approved June seven, eighteen hundred eighty- seven ; “An act relating to the admission of insane members of the Michigan soldier's home to the insane asylums of this state, and to their support at such asylums,” approved July three, eighteen hundred eighty-nine; “An act to provide for the determination by the probate courts of this state of the sanity of persons who have been adjudged by such courts to be insane,” approved February nineteen, eighteen hundred ninety-five; “An act to authorize the admission of patients from other states to private institutions, hospitals, homes or retreats in Michigan,” approved May eighteen, eighteen hun- dred ninety-five; “An act to provide for committing inmates of the industrial home for girls at Adrian who become in- såne, to a state asylum for the insane, and for their return to such home on their recovery, and for the cost of examination, committing to, and for their care and maintenance while at such asylum,” approved May nineteen, eighteen hundred ninety-seven ; and all acts amendatory or supplementary to the foregoing acts, and all acts and parts of acts in conflict with the provisions of this act; saving and reserving all acts done, and the rights accrued under said acts, which acts done and rights accrued shall continue and be in force under this act and other laws of the state applicable thereto. INSANE AND FEEBLE-MINDED. 37 MICH! GIAN ASYLUM FOR DANGEROUS AND CRIME MAL | NSANE- An Act to provide for the government of the Michigan asylum for dangerous and criminal insane and the inmates therein, and to re- peal act one hundred and ninety, laws of eighteen hundred and eighty-three and all acts amendatory thereto, and all of that por- tion of act one hundred and forty, laws of eighteen hundred and ninety-one, which conflicts with this act, being an act entitled “An act to provide for a state board of inspectors who shall per- form the duties now performed by the advisory board in mat- ters of pardons and who shall have the complete management and control of the state prison at Jackson, the state house of correc- tion and reformatory at Ionia, the Michigan asylum for insane criminals at Ionia, the branch of the state prison at Marquette, the reform school for boys at Lansing and the industrial home for girls at Adrian, and to abolish all existing boards and to annul all existing appointments.” [Act 124, P. A. 1893.] The People of the State of Michigan enact: (62) $ 1954. SECTION 1. That the asylum for dangerous and criminal insane at Ionia shall continue to be known as the Michigan asylum for dangerous and criminal insane, and shall be governed by a board of trustees. (63) $ 1955. SEC. 2. The board of trustees of said asy. lum shall consist of three members who shall be appointed by the governor with the consent of the senate and shall hold their offices for six years except as to the three first appointed who shall be so appoint- ed that the official term of one shall expire in two years, one in four years and one in six years from February first, eight- een hundred and ninety-three, and on the expiration of the term of office of each, the governor shall, in the manner be- fore stated, appoint one trustee to serve for the full term of six years or until his successor is appointed and qualified, and that said trustees shall not be removed during their terms of office except for cause. (64) $ 1956. SEC. 3. The governor shall have the power and it shall be his duty whenever any vacancy shall occur in said board by death or otherwise, to appoint some suitable person or persons to fill such vacancy, who shall hold office until the close of the next session of the legislature or until such vacancy can be filled in accordance with section two of this act. - (65) $ 1957. SEC. 4. Said board of trustees shall have the general direction and control of all the property and concerns of the institution not otherwise provided by law. They shall also have power to employ necessary legal coun- sel in the prosecution of claims or demands against persons or corporations and also to defend all suits except suits for malfeasance or misfeasance in office brought against them- Board of trustees. Number of. Appointment, term, etc. Vacancies, how filled. Board, duties and powers of. 38 LAWS RELATING TO THE selves, officers or employes connected with the institution, for acts done in an official capacity in the due performance of duty. - - Board to ap- (66) $ 1958. SEC. 5. The board of trustees shall appoint point medical superin- a medical superintendent who shall be a physician duly quali- #..." fied and authorized to practice medicine and surgery under the laws of this state, in good standing in his profession and Bond of experienced in the treatment of the insane. They shall like- treasurer. - - - Wise appoint a treasurer, not one of their own number, who shall give bonds for the faithful performance of his trust in such sum and with such sureties as the auditor general Board to ap. Of the state shall approve. They shall appoint upon the nomi- point assistant - - - - physicians and nations of the medical superintendent as many assistant phy- matrOn. sicians as are necessary and a matron. All medical officers and matrons shall constantly reside at the asylum. Salaries, etc. (67) $ 1959. SEC. 6. The trustees shall from time to time determine the annual salaries and allowances of the officers, and such salaries shall not exceed in the aggregate When and the sum of four thousand five hundred dollars. The salaries how paid. of officers shall be paid quarterly, on the first day of January, April, July and October in each year, by the treasurer of the state on the warrant of the auditor general, out of any moneys belonging to the general fund, to the treasurer of the asylum on his presenting a bill of particulars to be signed by the medical superintendent and certified by the president of the board of trustees. Oath, etc. (68) $ 1960. SEC. 7. The officers aforesaid before entering upon their duties shall severally take the oath prescribed by the constitution. Compensation (69) $ 1961. SEC. 8. The trustees of the asylum shall re- ** ceive no compensation for their services, but their actual and reasonable expenses incurred in the performance of their duties shall be paid by the state treasurer on the warrant of the auditor general, on the rendering of their accounts, out of any money to the credit of the general fund not otherwise appropriated. º to be (70) $ 1962. SEC. 9. The trustees shall keep in a bound - book, to be provided for that purpose, a fair and full record of all their doings, which shall be open at all times to the inspection of the governor of the state, and all persons whom he or either house of the legislature may appoint to examine the same. Duties of (71) ś 1963. SEC. 10. The trustees shall maintain an trustees. effective inspection of the asylum ; a majority shall visit it once in three months, and as much oftener as they deem proper; they shall meet jointly with the trustees of the other asylums of the state at least twice each year; in a book kept by the board of trustees for this purpose, the visiting trustee or trustees shall note the date of each visit, the condition of the house, patients, etc., with such remarks as shall be INSANE AND FEEBLE-MINDEED. 39 deemed proper. The general result of these inspections Report. shall be inserted in their report, which the board shall make to the legislature each biennial period, accompanied with the reports of the medical superintendent and treasurer. Am. 1901, Act 221. (72) $ 1964. SEC. 11. The board of trustees are hereby Board to directed and empowered to establish such by-laws as it may º' deem necessary and expedient for regulating the appointment of officers, attendants and assistants, and for conducting in a proper manner the business of the institution. (73) $ 1965. SEC. 12. The medical superintendent shall Medical super- be the chief executive officer of the asylum. He shall have ºther general superintendence and charge of the buildings, grounds and farm, together with the furniture, fixtures and stock, and shall make all purchases for the institution. He shall have direction and control of all persons connected with the asy- lum, subject to the laws and regulations established by the trustees. He shall daily ascertain the condition of all the patients and prescribe their treatment in the manner directed by the by-laws. He is authorized and directed to use every proper means to furnish employment to such patients as may, in his judgment, be benefited by regular labor suited to their capacity and strength. He shall have the nomination of his co-resident officers with power to assign them to their respec- tive duties, subject to the by-laws. He shall appoint, with the To appoint approval of the trustees, such and so many assistants and ** attendants as he may think necessary and proper for the economical and efficient performance of the business of the asylum, and prescribe their several duties and places, and shall fix, with the approval of the trustees, their compensa- Compensa- tion, and may discharge any of them at his sole discretion; ". but in every case of discharge he shall forth with record the Record to be same with the reasons, under an appropriate head, in one of * the books of the asylum kept for that purpose. He shall also have the power to suspend, until next meeting of the trustees, for good and sufficient reason, a resident officer. He shall Orders and also, from time to time, give such orders and instructions as 'º' he may judge best calculated to insure good conduct and ". economy in every department of labor and expense, and he is authorized and enjoined to maintain salutary discipline among all who are employed by the institution, and to en- force strict compliance with such instructions and uniform obedience to all of the rules and regulations of the asylum. He shall further cause full and accurate accounts and records Accounts to of all his doings to be kept regularly from day to day, in books" ept. provided for that purpose, in the manner and to the extent prescribed in the by-laws, and he shall see that all such ac- counts and records are fully made up to the last day of - 40 LAWS RELATING TO THE First assistant physician, duties of. Officers and attendants exempt from certain duties. Superintend- * ent to admit board to asylum. Treasurer to have charge of moneys, bonds, etc. Accounts to be kept. Powers and rights of treasurer. Purchases, by whom made, etc. Accounts to be kept. June immediately preceding the meeting of the legislature, and that the principal facts and results, with his report there- on, be at that time presented to the trustees. The first as- sistant physician shall perform the duties and be subject to the responsibilities of the medical superintendent in his sick- ness or absence. - Am. 1899, Act 81. (74) $ 1966. SEC. 13. The officers of the asylum and all attendants and assistants actually employed therein, during the times of such employment, shall be exempt from serving on juries, from all assessments for labor on the highways, and in [time] times of peace from all service in the militia, and the certificate of the superintendent shall be evidence of the fact of such employment. - (75) $ 1967. SEC. 14. It shall be the duty of the medical superintendent to admit any of the board of trustees into every part of the asylum and to exhibit to them, on demand, the books, papers and accounts and writings belonging to the institution or pertaining to its business, management, dis- cipline or government, also to furnish copies, abstracts and reports whenever required by the board. (76) $ 1968. SEC. 15. The treasurer shall have the custody of all moneys, bonds, notes, mortgages and other securities and obligations belonging to the asylum ; said moneys shall be disbursed only for the use of the asylum and in the manner prescribed in the by-laws, upon the Written order of the medical superintendent, countersigned by the president of the board of trustees. He shall keep full and accurate accounts of the receipts and payments in the man- ner directed in the by-laws, and such other accounts as the board of trustees shall prescribe. He shall further render an account of the same in his books and of the funds and other property in his custody whenever required to do so by the board of trustees. (77) $ 1969. SEC. 16. The treasurer of the asylum shall be vested with the same powers, rights and authority which are now by law given to superintendents of the poor in any county or town of the state so far as may be necessary for the indemnity or benefit of the asylum. (78) $ 1970. SEC. 17. All purchases shall be made by the medical superintendent or under his direction, and he shall preserve the original bills and receipts thereof and keep accounts of the same and copies of all orders drawn by him- self upon the treasurer. He shall also make contracts with attendants and assistants and keep and settle all their ac- counts. He shall also keep the accounts of the support of patients and expenses incurred in their behalf and furnish the treasurer with copies of the same. INSANE AND FEEBLE-MINDED. 41 (79) $ 1971. SEC. 18. The medical superintendent shall Medical super- record at the time of the reception of each patient, the date ...","...a of reception, the name, residence and official position of the of Patients. person by whom and by whose authority such insane person is brought to the asylum, and have all the warrants, orders, requests, certificates of conviction, and other papers accom- panying the patient forthwith filed. (S0) $ 1972. SEC. 19. When a person accused of the When court crime of murder, attempt at murder, rape, attempt at rape, ºn incest, abduction, highway robbery or arson, or attempt to ºf do great bodily harm, shall appear to be insane, or shall have escaped indictment upon the grounds of insanity or shall have been acquitted upon trial upon the grounds of insanity, the court, being certified by the jury or otherwise of the fact, shall carefully inquire and ascertain whether his insanity in any degree continues, and if it does, shall order such person into safe custody and to be sent to the state asylum. If any person in confinement under indictment for the crime Investigation of arson, or murder, or attempt at murder, rape, or attempt tº " at rape, or incest, or abduction, or highway robbery, or as- sault to do great bodily harm, shall appear to be insane, the judge of the circuit court of the county where he is confined shall institute a careful investigation. He shall call two Who to aid in or more reputable physicians and other credible witnesses, * and the prosecuting attorney, to aid in the examination, and if it be deemed necessary to call a jury for that purpose, is fully empowered to compel the attendance of witnesses and jurors. If it is satisfactorily proved that such person is Insane person insane, said judge may discharge such person from imprison º' ment and order his safe custody and removal to the state ſº asylum, where such person shall remain until restored to asylum. his right mind, and then, if the said judge shall have so di- Duty of super- rected, the superintendent of said asylum shall inform the ". said judge and prosecuting attorney, so that the person so confined may within sixty days thereafter be remanded to prison and criminal proceedings be resumed, or he be other- Wise discharged. If any such person be sent to said asylum, County to the county from which he is sent shall defray all expenses ºes, of such person while at the asylum for a period of two years, and the expense of returning home to such county if his discharge is effected during such period. If he shall not when state be discharged from the said asylum until after his transfer º" to the state shall have been effected, under the provisions of a subsequent section, the expenses of his return to said county shall be paid by the state of Michigan. The county or when may state may recover the amount so paid from the person’s own jº estate, if he have any, or from any relative, town, city or estate. county that would have been bound under existing laws to provide for and maintain him elsewhere. Am. 1899, Act 81; 1905, Act 238. 42 LAWS RELATING TO THE Certain perSons Com- mitted to state asylum. Board to fix the rate of charge per Week. State to Support. Medical super- intendent to make a report of. Who are liable, etc. Who to de- fray expenses. Dangerous and criminal insane, ex- pense for care of. How paid. How raised. - (81) ś 1973. SEC. 20. In case any person who has previ- ously been a patient in the Michigan asylum for dangerous and criminal insane or state asylum at Ionia be found to be insane under the provisions of section one thousand nine hundred thirty c, Howell’s annotated statutes, said person may be committed to the state asylum at Ionia by said judge of probate, the form of commitment being the same as that provided in said section. Am. 1899, Act 81. (S2) S 1974. SEC. 21. The rate of charge per week, to be paid for the necessary treatment of all patients, shall be annually fixed by the board of trustees of the asylum, and shall not exceed the actual cost of support and attendance, exclusive of officers’ salaries. Two years' continuous resi- dence in the asylum at the expense of any county, shall en- title a patient to state support, and the medical superintend- ent shall, on the first day of January, April, July and Octo- ber of each year, certify to the secretary of state, the name, age and residence of all patients under treatment, the ex- pense of whose maintenance shall have been thus exclusively paid by any county for two years continuously, and such pa- tients shall thereafter be maintained by the state. In case of the transfer to the Michigan asylum for dangerous and insane criminals, of patients from either of the existing asy- lums, or from the northern asylum for the insane, who are or shall be under treatment at county expense, the length of time of such treatment shall be counted. (83) $ 1975. SEC. 22. Every insane person supported in the asylum shall be personally liable for his maintenance therein, except as in case of convicts who are serving sen- tences as provided in a subsequent section, and for all nec- essary expenses incurred by the institution in his behalf, and the guardian, relative, city, town or county that would have been bound by law to provide for and support him, if he had not been sent to the asylum, shall be liable to pay the expenses of his clothing and maintenance in the asylum, and actual necessary expenses to and from the same. (84) S 1976. SEC. 23. The expense of the clothing and maintenance in the Michigan asylum for dangerous and criminal insane, of a patient who has been received upon the order of any court or officer, shall be paid by the county from which he was sent to the asylum, for a period of two years; likewise his actual necessary expenses to and from the same. The treasurer of the said county is authorized and directed to pay to the treasurer of the said asylum the bills for such clothing and maintenance, as they shall become due and payable, according to the by-laws of the asylum, upon the order of the medical superintendent; and the supervisors of said county shall annually levy and raise the amount of INSANE AND FEEBLE-MINDED. 43 such bill, and such further sum as will probably cover all similar bills for one year in advance. Said county, how- ever, shall have the right to require any individual, town or city that is legally liable for the support of such patient, to re-imburse the amount of said bills with interest. See section 438. (85) 1977. SEC. 24. Every town or county paying for the support of an insane person in the said asylum or for his expenses in going to and from the same shall have the like rights and remedies to recover the amount of such payment, with interest from the time of paying each bill, as if such expenses had been incurred for the support of the same at other places under existing laws. (86) $ 1978. SEC. 25. In case any county in this state shall neglect or refuse to pay the amount due said asylum for the treatment and maintenance of persons admitted from such county, in accordance with the provisions of this act, it shall be the duty of the medical superintendent to make out a statement of the facts, giving the number of persons, name of each, and number of weeks' treatment and mainte- nance for which payment is due and the amount of the same to be verified upon his oath, a copy of which he shall send to the clerk of the county from which such money is due, and if the same shall not be paid within sixty days after giving such notice to the said county clerk, he shall submit the statement to the auditor general, who shall draw his warrant upon the state treasurer for the amount, together with the Rights to recoVer amount paid. Duty of medical super- intendent in neglect of any county. Warrant drawn on State trea.S- urer, etc. interest thereon, to be computed to the time the same became due the asylum, and charge the same back to the said county, to be assessed, collected and returned with and in the same manner that other state taxes are assessed, collected and returned. - (87) $ 1979. SEC. 26. The medical superintendent of the said asylum shall report quarterly to the secretary of the board of corrections and charities the name of all persons supported at state or county charge, also the date and cir- cumstances attending the discharge, removal, elopement or Tax. Superintend- - ent’s quarterly report, etc. death of all insane persons receiving aid or support at county or state charge. - (88) $ 1980. SEC. 27. Whenever the physician to the state prison, or the physician to either of the houses of cor- rection of the state, or the Detroit house of correction, shall certify to any warden, or other officer in charge, that any inmate therein is insane, it shall be the duty of said warden, or other officer in charge, to make immediately a full ex- amination into the condition of such inmate, and if fully satisfied that he is insane, the said warden, or other officer in charge, where said inmate is confined, shall forth with When phy- Sician to certify. Warden to make exam- ination. LAWS RELATING TO THE When trans- ferred to state asylum. Proviso. Expense charged to state. Ex-prisoners when trans- ferred to state asylum. Patient previously treated. Duty of Superintend- ent relative to homicide. Governor may order transfer. Expense. Dangerous insane trans- ferred. Expenses, etc., how chargeable. cause such inmate to be transferred to the state asylum, and to deliver him to the medical superintendent thereof, who is hereby required to receive him into said asylum: Pro- vided, There is room therein for his accommodation, and re- tain him there until legally discharged. The expenses of such insane inmate's maintenance and clothing in said asy- lum shall be charged to the state of Michigan, likewise the expense attending his transfer. Whenever a patient is re- ceived in any of the asylums of the state who has served one or more terms in prison, it shall be the duty of the medical superintendent of such asylum to transfer such pa- tient forth with to the state asylum, if there be room therein for his accommodation, and the expense of such transfer shall be charged to the state of Michigan. Whenever a patient is re- ceived in any of the asylums of the state who has been pre- viously treated in the state asylum, the medical superintend- ent of the asylum where such patient is received shall trans- fer such patient to the state asylum forth with, and the ex- pense of such transfer shall be chargeable to the state of Michigan. Am. 1899, Act 81. See section 438. (89) $ 1981. SEC. 28. The medical superintendent of any asylum for the insane in Michigan may, with the consent of their respective boards of trustees or governing boards, make application to the board of corrections and charities for recommendation for the transfer of any or all insane persons under treatment in any of said asylums who have been guilty of an act of homicide previous to admission to the asylum, and whose presence is dangerous to others, likewise all in- sane persons who have committed any act of homicide while under treatment in any of the asylums. And the board of corrections and charities shall investigate all of the facts and report to the governor, who may, in his discretion, order the transfer of such person or persons to the state asylum. The expense attending the transfer of such person or persons shall be chargeable to the state of Michigan. In case any patient under treatment in any of the asylums in the state develop unmistakable dangerous or homicidal tendencies, rendering his presence a source of danger to others, proceed- ings may be instituted as above. If the transfer of such patient shall be effected, the expense attending such transfer shall be chargeable to the state of Michigan. The charges for maintenance of all persons so transferred shall be in accordance with the provisions of sections twenty-one and twenty-two of this act. Am. Id. --- - INSANE AND FEEBLE-MINDED. - 45 - (90) $ 1982. SEc. 29. In case the insanity of any criminal superintend- patient confined in the asylum shall continue after the ex- ºn piration of his or her sentence the medical superintendent tºº - shall within a period of five days after the expiration of such judge, etc. person’s sentence, make application to the judge of probate of the county in which the institution is situated for an order to retain such person in the asylum until he or she is re- stored to reason, and shall also send a written notice that he has made such application to one or more friends or relatives of the patient if their address be known, and to the county clerk of the county from which such convict was sent. The !...", judge of probate shall, upon receipt of said application, É. etc. notify such alleged insane person and prosecuting attorney of his county, fixing the time and place of hearing to be held thereon, and it shall be the duty of the prosecuting attorney to attend the examination and act in behalf of the state; said judge of probate shall also call two legally qualified Duty of the physicians, and in his discretion other credible witnesses. º º Prº- and if he certifies that satisfactory proof has been adduced showing the person examined to be insane he shall direct his or her retention in the Michigan asylum for insane crim- - inals until restored to soundness of mind, and the expense of Expense. maintenance of such patient shall be charged in accordance with the provisions of section twenty-two of this act. The Attendance probate judge in such examination shall have power to compel “"“” the attendance of witnesses, and shall file the certificates of Oaths of the physicians taken under oath, and other papers, and enter "*" the proper order in the journal of the probate court in his office; said probate judge shall report the result of his pro- Report to ceedings to the board of state auditors, whose duty it shall ºf " be to audit and allow the expenses of such proceedings, to be paid by the state treasurer on the warrant of the auditor How paid. general. The foregoing proceedings shall apply to all crim- Apply to. inal insane in the asylum at the date this act takes effect whose term of sentence has expired and who were not com- mitted to the asylum by judicial proceedings. Whenever Transfer of any convict who shall have been confined in said asylum as ºs. a lunatic shall have been restored to reason and the medical superintendent of said asylum shall so certify in writing, he shall be forth with transferred to the house of correction, prison or reformatory from whence he came, and the agent or warden of said prison or reformatory shall receive the said convict into said prison, house of correction or reforma- tory. Any convict whose sentence has expired, and who is Gonvict still insane, may be delivered to his relatives or friends who º will undertake, with good sureties, to be approved by the ". board of managers, for his peaceful behavior, safe custody and comfortable maintenance without further public charge. (91) ś 1983. SEC. 30. The bills for the maintenance, Bills to be clothing and other charges of all state patients shall be ren- º 46 LAWS RELATING TO THE How paid. Reward for capture, etc., of patient. Name changed. Board of control, members, OW . appointed. Term. Present incumbents - dered quarterly to the auditor general in the same manner as bills are rendered to county treasurers for the support of patients at county charge, and shall be paid by the state treasurer to the treasurer of the asylum on the warrant of the auditor general, out of any moneys belonging to the gen- eral fund. In case of escape of any patient, it shall be the duty of the medical superintendent to take all proper meas. ures for the apprehension of such patient, and for that pur- pose he may offer a reasonable reward for the apprehension of such patient. All expense of recapture of escaped patient or patients shall be chargeable to the state of Michigan. If a patient at the time of his escape be a convict and is retaken, the time between the escape and his recapture shall not be computed as part of the term of imprisonment, but he shall remain in the asylum or prison to which he may be trans- ferred a sufficient length of time after the term of his sen- tence Would have expired if he had not escaped, to equal the period of time he may have been absent by reason of such eScape. REVISING LAWS RELATIVE TO FEEBLE-M1 NDED AND EPH LEPTIC. An Act to revise the law relative to the care of the feeble-minded and epileptic. [Act 101, P. A. 1909.] The People of the State of Michigan enact: (92) SECTION 1. The institution for the custody, care, edu- cation, treatment and discipline of the feeble-minded and epileptic persons, at Lapeer, shall hereafter be known as the “Michigan home and training school.” - Am. 1913. Act 401. (93) SEC. 2. The board of control of said institution shall consist of five members to be appointed by the governor, by and with the advice and consent of the senate, who shall hold office for a term of six years and until their successors are appointed and qualified. The commissions shall, by their terms, expire on the first day of February. The present mem- bers of the board of control shall continue to hold office until the expiration of their respective terms and until their suc- cessors are appointed and qualified. Whenever any vacancy shall occur in said board the governor shall appoint some suitable person to fill such vacancy, who shall hold office until the close of the next session of the legislature, or until such º . INSANE AND FEEBLE-MINDED. 47 vacancy shall be filled as hereinbefore provided. Members Members, of the board of control shall be subject to removal by the "" governor for misconduct or neglect in office upon cause shown and after an opportunity to be heard. (94) SEC. 3. The members of said board of control shall Board of constitute a body corporate under the name and style of º “The board of control of the Michigan home and training school,” and shall have the right to use a common seal and alter the same at pleasure. Am. 1913, Act 401. (95) SEC. 4. It shall be the duty of the members of said Duty of board to meet annually at said institution on such day as Oa, tol. said board shall determine and establish for its annual meet- ing in each year, and at such annual meeting they shall elect Organization. a president, secretary and treasurer of said board from their . own number to hold their offices for one year or until their successors are elected. It shall also be the duty of said board to meet at least once in each month on its own ad- journment, and oftener if it shall deem it advisable. (96) SEC. 5. The members of said board shall, before en- Oath. tering upon the duties of their office, take and subscribe the constitutional oath of office and file the same in the Office of the secretary of state. * (97) SEC. 6. The members of said board shall receive no Gompensa- compensation for their services under this act, but shall re. " ceive their actual and reasonable expenses incurred in the performance of their duties, which shall be paid by the state treasurer on the warrant of the auditor general on the ren- dering of their accounts, out of any money to the credit of the general fund not otherwise appropriated. º (98) SEC. 7. The government and the sole and exclusive Government, control and management of the Michigan home for the feeble- ñº. minded and epileptic shall be vested in the board of control. * It shall establish a system of government and make all necessary rules and regulations for enforcing discipline, for imparting instruction or preserving health and for the phy- sical, intellectual and moral training of the inmates of said home. (99) SEC. S. The board of control of said institution Statement, shall, on or before the tenth day of November preceding each Yººn made regular session of the legislature, make out and present to the governor a detailed statement of the operations of the institution for the two fiscal years closing on the thirtieth day of the next preceding June, which shall include the re- port of the superintendent for such period, and a report of the treasurer of all receipts and disbursements made during the same period, which report shall be furnished the state printer for publication by the fifteenth day of November of - 48 LAWS RELATING TO THE - What to show. the year when made. Such report shall show for such biennial period in detail the number and names of the super- intendent, officers, teachers and all other regular employes and the salaries or wages paid to each, and what, if any, Other emoluments are allowed and to whom. Said board shall also cause a full and accurate inventory in duplicate to be taken at the close of each fiscal year next preceding the regular session of the legislature by the officers in charge, which shall specify the number of acres of land and value thereof, the number, kind and value of buildings, the various kinds of personal property and the value thereof, which in- ventory shall be signed and sworn to by the officer making the same and certified as correct by the board of control, one copy of which shall be made in a proper book to be kept for that purpose in the institution, and the other shall be filed in the office of the auditor general on or before the - Treasurer to give bond. Moneys, how disbursed. Medical super- intendent, by whom appointed. Powers and duties. Assistants, etc., appoint- ment of, duties, etc. first day of November of the year when made, and a sum- mary of such inventory shall be published in the biennial report of the institution. (100) SEC. 9. The treasurer of said board shall be re- quired, before entering upon the duties of such office, to give his bond to the people of the state in the penal sum of ten thousand dollars with two or more sureties to be approved by the auditor general, conditioned for the faithful perform- ance of the duties of his office as treasurer, and to properly account for all moneys received by him as such treasurer. He shall have the custody of all moneys, bonds, notes, mort- gages and other securities and obligations belonging to said home. Said moneys shall be disbursed only for the use of such home in such manner and method as the board of con- tról may direct. The treasurer shall keep full and accurate accounts of the receipts and payments, and render state- ments in the manner provided for by the general accounting laws of the state. He shall also render an account to the state of his books and of the funds and other property in his custody whenever required to do so by the board of control. (101) SEC. 10. The board of control shall appoint a medical superintendent who shall be a well educated phy- sician, experienced in the treatment of the feeble-minded and epileptic, and shall fix his compensation. He shall be the chief executive officer of the home, and may be removed by the said board for cause. Subject to the by-laws and regu- lations established by the board of control, he shall have the general superintendence of the buildings, grounds and farm, together with the furniture, fixtures and stock. He shall appoint, with the approval of the board of control, such and as many assistants and attendants as the board may think necessary and proper for the economical and effi- cient performance of the business of the home, and shall prescribe their several duties and places and fix, with the -º INSANE AND FEEBLE-MINDED. 49 approval of the board of control, their compensation, and may discharge any of them at his sole discretion, but in every case of discharge he shall forth with record the same with the reasons, under an appropriate head in one of the books of the home. He shall maintain discipline among all who are employed in the institution and force strict com- pliance with his instructions and uniform obedience to all rules and regulations of the home. (102) SEC. 11. The board of control shall appoint, upon the nomination of the medical superintendent, a steward. The steward, under the direction of the medical superin- tendent, shall be accountable for the careful keeping and economical use of all furniture, stores and other articles pro- vided for the home, and, under the direction of the medical superintendent, shall: - First, Make all purchases for the home, preserve the orig- inal bills and receipts thereof and keep full and correct ac- counts of the same and copies of all orders drawn by him- self upon the treasurer; Second, Make contracts in the medical superintendent’s name with the officers, attendants and assistants and keep and settle their accounts; - Third, Keep the accounts for the support of patients and expenses incurred in their behalf, and furnish the treasurer quarterly, and at other times when required by the medical Superintendent or board of control, statements of such as fall due; º - Fourth, Report to the treasurer the names and amounts due and in arrears from private patients; Fifth, Have general oversight and charge of all the indus- trial departments of the home and of its farming operations and of such other business as may be prescribed by the by- laws or directed by the board of control. (103) SEC. 12. Patients are divided into two classes as follows: First, Public patients who are feeble-minded or epileptic and are kept and maintained at the expense of the state ex- cept as hereinafter provided ; - Second, Private patients who are feeble-minded or epilep- tic and are kept and maintained without expense to the State. (104) SEC. 13. Feeble-minded and epileptic persons, resi- dents of this state and above the age of six years, shall be eligible to admission to the Michigan home for the feeble- minded and epileptic in the manner and upon the conditions hereinafter provided. - (105) SEC, 14. Certificates that a person is feeble-minded or epileptic may in the discretion of the probate court be made by two reputable physicians, under oath, appointed by the probate court of the county where such alleged feeble- Board to appoint Steward. Duties of. Patients, OW classified. Eligibility. Certificate of physicians. 7 50 LAWS RELATING TO THE Physicians, |alifications Ot. Form of certificate. Examina- tions, how made. Certificates, what to contain. Fees. Petitions for admission, how and by whom made. What to contain. minded or epileptic person resides. The physicians must be permanent residents of the state, duly registered according to law, and shall not be related by blood or marriage to the alleged feeble-minded or epileptic person, nor to the person applying for such certificate, nor shall such physicians be officers or employes or attending physicians in the home for the feeble-minded and epileptic. The qualifications of such physicians shall be certified by the clerk of the county in which such physicians reside, which certificate shall be in the following form : - State of Michigan, . \. County of . . . . . . . . . . . . . . . . |ss. I hereby certify that . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . is a duly registered physician and surgeon and has the qualifications prescribed by the laws of this state for the practice of medicine and surgery therein, as shown by . . . . . . certificate of registration now on file in my - - - - - - - - - - - - - - - - - - - - (Seal) County Clerk. The physicians are empowered to go where such feeble- minded and epileptic person may be and make such personal examination of him as to enable them to offer an opinion as to his mental condition, and no certificate shall be made ex- cept after such personal examination. Certificates that a person is feeble-minded or epileptic must contain the facts and circumstances upon which the opinion of the physicians is based, and show that the condition of the person examined is such as to require care and treatment in an institution for the care, custody and treatment of feeble-minded or epi- leptic persons. Each physician making such examination and certificate shall, regardless of whether he find such per- son to be feeble-minded or epileptic, be entitled to receive for such services not to exceed the sum of five dollars, in the discretion of the court, and ten cents per mile for travel necessarily performed in going to the place of such examina- tion. - (106) SEC. 15. Petitions for the admission of a person to the Michigan home for the feeble-minded and epileptic may be made by the father, mother, husband, wife, brother, sister, child or guardian of a person alleged to be feeble-minded or epileptic, or by the sheriff or any superintendent of the poor, or supervisor of any township within the county in which the alleged feeble-minded or epileptic person resides, and directed to the probate court of said county. Such petition shall con- tain a statement of the facts upon which the allegation that such person is feeble-minded or epileptic is based, and be- cause of which the application for the order is made. Upon - INSANE AND FEEBLE-MINDED. 51 º - receiving such petition the court shall fix a day for the hear- Hearing and ing thereof, and may in its discretion appoint two reputable * physicians to make the required examination of the alleged feeble-minded or epileptic person, whose certificate shall be filed with the court on or before such hearing. Notice of such Notice, petition and of the time and place of hearing thereon shall be "*" served personally, at least twenty-four hours before the hear- ing, upon the person alleged to be feeble-minded or epileptic and upon the prosecuting attorney, and if the petition is made by a sheriff, superintendent of the poor or supervisor, also upon the father, mother, husband, wife or some one of the next of kin of full age, of such alleged feeble-minded or epi- leptic person, if there be any such known to be residing with- in the county, and upon such of said relatives or other per- sons within the state as may be ordered by the court, which said notice may be served in any part of the state. The Guardian, court may in its discretion appoint a guardian ad litem to “"“” represent such feeble-minded or epileptic person upon such hearing. The court shall also institute an inquest, and shall Inquest, what in all cases take proofs in writing as to the financial circum-" " stances of the patient and his relatives legally liable for his support, and shall take proofs as to the alleged condition of such person and fully investigate the facts before making an order, and if no jury is required the probate court shall determine the question of whether such person is a feeble- minded or epileptic person or not. If the court shall deem when jury it necessary, or if such alleged feeble-minded or epileptic º: person, or any relative or any person with whom he may “” reside or at whose house he may be, shall so demand, a jury of six freeholders having the qualifications of jurors in courts of record shall be summoned to determine the question of whether such person is feeble-minded or epileptic, and whenever a jury is required the court shall proceed to the selection of such jury in the same manner as is provided for the selection of a jury for the condemnation of land for rail- road purposes, and such jury shall determine the question of whether such person is feeble-minded or epileptic. The Jurors' fees, jurors shall receive the same fees for attendance and mile. * age as are allowed by law to jurors in the circuit court. The alleged feeble-minded or epileptic person shall have the right to be present at such hearing, unless it shall be made to appear to the court by the certificate of two reputable physicians that his condition is such as to render his re- moval for that purpose or his appearing at such hearing - improper and unsafe. If such person shall be found and order for adjudged to be feeble-minded or epileptic, the court shall §. immediately issue an order for his admission to the home to issue: for the feeble-minded and epileptic. If at the time of Or When ad- before the making of such order, a bond in the penal sum Fº of one thousand dollars, executed by a surety company all- Patient 52 LAws RELATING TO THE Public patient. Sureties, re- sponsibility. Order for admission, form of. thorized to do business in this state or by two or more sure- ties to be approved by the judge of probate, running to the people of the state of Michigan and conditioned for the payment of the support and maintenance of the patient in the manner prescribed by law, shall be delivered to the judge of probate, together with the sum of fifty dollars as an advance payment toward the support of such patient, ad- mission shall be ordered as a private patient, otherwise as a public patient. Such bond and advance payment, together with the order of admission and bond, shall be transmitted by the probate court to the medical superintendent of the home. Until such bond and advance payment are delivered to the medical superintendent the person shall be admitted to the home only as a public patient. At the request of the medi- cal superintendent the court shall require the sureties upon such bond to justify their responsibility anew or order that a new bond be given in place of the original, which justifica- tion or new bond shall be transmitted to the medical super- intendent, and unless such justification or new bond shall be delivered to the medical superintendent within thirty days the patient shall, from the time of such request, be regarded as a public patient. The court shall designate a proper per- son or persons to take such feeble-minded or epileptic per- son to the home, who shall each receive as pay for such serv- ices the sum of three dollars per day, together with neces- sary expenses, which together with all court expenses shall be borne by the county from which the patient is sent. The order for admission shall be substantially in the following form : State of Michigan The Probate Court for the county of . . . . . . . . . . . . . . . . . . . . At a session of said court held at the probate office in the . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . in said county on the . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . A. D. 19. . . Present, Honorable . . . . . . . . . . . . . . . . . Judge of Probate. In the matter of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - a feeble-minded person. - - - - - - - - - - - - - - - - - - - - - - - having been appointed for hear- ing the petition of . . . . . . . . . . . . . . . . . . . . . . praying that said ------------------------- be admitted to the Michigan home for the feeble-minded and epileptic as a . . . . . . . . . . . . . . . . . . patient, and due notice of the hearing on said petition hav- ing been given as required by law and as directed by said court, the said petitioner appeared . . . . . . . . . . . . . . . . . . . . . . . It appearing to the court upon filing the certificates of two legally qualified physicians, and after a full investiga- tion of said matter, with . . . . . . . . . . . . . . . . the Verdict of a jury that said . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1S a . . . . . . . . INSANE AND FEEBLE-MINDED. 53 s. person and is in need of care and treatment at the Michigan home for the feeble-minded and epileptic; - It is ordered that said . . . . . . . . . . . . . . . . . . be admitted to the Michigan home for the feeble-minded and epileptic as a . . . . . . . . . . . . . . . . . . . . . . patient. - - - It is further ordered that . . . . . . . . . . . . . . . . . . . . . be and is hereby designated and directed to remove said . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - to said Michigan home for the feeble- minded and epileptic, with full power and authority for that purpose. Judge of Probate. If the order for admission is as a public patient and it shall appear from the proofs taken in writing as aforesaid that the patient has an estate out of which the state may be reim- bursed for his maintenance, the court shall direct in said order for admission, the payment out of such estate of the whole or such part of the cost of maintenance of said patient at said home as he shall deem just, regard being had to the needs of those having a legal right to support out of said estate, which said order shall remain in full force and effect until modified by proceedings under section seventeen of this act, or until the patient shall be discharged from said home, and the judge of probate committing such patient shall be notified of his discharge. Whenever an order is made com- mitting any person to the home, a copy of such order to- gether with the personal and family history of such person, upon blanks to be furnished the judge of probate by the medi- cal superintendent of the Michigan home for feeble-minded and epileptic, including a full copy of the report of the physi- cians, shall be mailed forth with to the medical superinten- dent, who shall endorse thereon the date of receipt and file the same in his office. Patients shall be entitled to admis- sion in the order in which the copies of the orders for com- Maintenance. Admission. mitment were received and filed, and whenever there shall be room at the home to receive additional patients the medical superintendent shall at once notify the probate court which made the commitment earliest received and filed as afore- said, and said court shall within thirty days thereafter cause said patient to be taken to said home or shall enter an order that such person is no longer entitled to admission and shall notify the medical superintendent thereof: Provided, Prefer- ence shall be given to the admission of indigent patients, so far as circumstances permit: Provided further, That no feeble-minded woman above the age of forty-eight years, not an epileptic, nor any feeble-minded man not an epileptic whose condition is due to senility, shall be admitted to said institution. Am. 1913, Act 29. Proviso, indigent patients. Further proviso, senility. 54 LAWS RELATING TO THE Expenses, how paid. Warrant. Who liable. Prosecuting attorney, duty of. Who to have SuperVISIOn. Petition, what to State. (107) SEC. 16. The state shall pay to the Michigan home for the feeble-minded and epileptic all the expenses for keep- ing and maintaining public patients therein including their clothing and all other expenses. An account of these ex- penses, verified by the oath of the medical superintendent. shall be sent to the auditor general quarterly, who shall draw his warrant therefor on the state treasurer, who shall pay the same out of any moneys appropriated for that pur- pose, if there be any, and if not, then out of the general fund. Every public patient, if he has an estate sufficient for that purpose, and if not, then such relatives as are legally liable for his support, shall be liable to the state for all expenses paid by it on his behalf. The relatives legally liable for his support as provided in this act shall include the father, mother, children and husband of the patient. (108) SEC. 17. The prosecuting attorney is charged with the duty of appearing for and representing the state in all proceedings to reimburse it for the expenses which it may pay for a public patient, and to subject the estate of the patient and his relatives who are legally liable for his support to the payment of such expenses. The attorney general shall have the supervision of the prosecuting attorneys in conducting such proceedings, and shall report to the governor any neglect therein on the part of the prosecuting attorney. When any person has been admitted to the Michigan home for the feeble-minded and epileptic as a public patient the prosecuting attorney of the county in which the order for admission was made shall, if such person be possessed of any estate or shall thereafter while he shall remain such ... public patient become possessed thereof, petition the probate Guardian. Citation, how served. When Served. Estate and DeTSOrl, #ardianship 01. court of said county in his name as prosecuting attorney, stating that such person has been admitted to said home as a public patient; that he has good reason to believe and does believe that he has an estate, and praying for the ap- pointment of a guardian over such person if one has not al- ready been appointed, and that said estate may be subjected to the payment to the state of the expenses paid and to be paid by it on behalf of said public patient. The court shall thereupon issue a citation to show cause why the prayer of the petition should not be granted. If the patient has a guardian the citation shall be served on him. If he has no guardian it shall be served upon the relatives legally liable for his support as hereinbefore mentioned if any are known and can be found. The citation shall be served at least fourteen days before the day of hearing and may be served in any part of the state in the manner pro- vided by the rules of the probate court. The court may ap- point a guardian ad litem for such patient. At the time of the hearing if it appear that the patient has an estate, the court shall, without further notice, appoint a guardian of INSANE AND FEEBLE-MINDED. 55 the person and estate of the patient if he has no such guardian, and the court shall make an order requiring and when court directing said guardian to appropriate and apply so much ºn to or such part of said estate as may appear to be proper to * reimburse the state for the expenses theretofore incurred by - it on behalf of such patient, and shall direct the payment of such part thereof to reimburse the state for future ex- penses which it may pay on his behalf as shall appear just and equitable, regard being had to the claims of persons having legal right to maintenance out of said person's estate. If such guardian shall neglect or refuse to comply with Neglect or such order the court shall cite him to appear before the ..." court at such time as it may direct and show cause why he should not be removed, and to render an account of all money and property in his hands as such guardian, and On his failure to comply with said order or to appear or render such account, the court may remove him and appoint some other suitable person in his place. As an additional remedy Payment, the prosecuting attorney may enforce payment of the sums ..." provided in the original order by a proper action in the name of the state. The court may in its discretion order the pay- ment of the cost of these proceedings out of the patient’s estate. If it is not so ordered, a certified copy of the taxed bill of costs shall be furnished to the county treasurer, who shall pay the same to the persons entitled thereto. The pro- Proceedings, ceedings provided for by this section may be begun at any ..."; time before the final discharge of said patient from said home and not afterwards, and recovery thereunder may be had for the expenses incurred on behalf of such patient dur- ing the entire period or periods such patient has been con- fined in said home. The proceedings prescribed by this sec- tion shall not be deemed to exclude recovery in any proceed- ing authorized by any general law of this state. (109) - SEC. 18. If a public patient is an indigent person Indigent and has relatives who are legally liable for his support, the * prosecuting attorney of the county in which the order of admission was made shall petition the probate court of said - county in his name as prosecuting attorney, stating that such person has been ordered admitted to the Michigan home for the feeble-minded and epileptic as a public patient; that he is an indigent person, and that he has relatives, naming them, who are legally liable for his support, and praying that said relatives may be adjudged to reimburse the state for the expenses paid and to be paid by it in his behalf. The court Citation, shall thereupon issue a citation to said relatives to show ºved. cause why the prayer of the petition should not be granted. The citation shall be served at least fourteen days before the day of hearing and may be served in any part of the state. If it shall appear to said court on said hearing that such Payment, - - - - - - - h person is indigent and that he has relatives who are parties º 56 LAWS RELATING TO THE State treasurer, duty of. to said proceedings who are legally liable for his support and who are able to contribute thereto, he may make an order requiring payment by such relatives of such sum or sums as he may find they are reasonably able to pay, not exceeding, however, in all the sum of two hundred dollars per year. Said order shall require the payment of such sums to the state treasurer to be made annually, semi-an- nually or quarterly as the court may direct. The court shall furnish the state treasurer a certified copy of such order and it shall be the duty of the state treasurer to collect the sums therein named and to turn the same into the state treasury Neglect or refusal to pay. May bring action. When unable to pay Sum. so long as such person is a public patient. If such relatives so ordered to pay shall neglect or refuse so to do, the state treasurer shall notify the prosecuting attorney of the county in which the proceedings were had, and in case any of the said relatives reside in another county or counties, then also the prosecuting attorney of such county or counties of such neglect or refusal, and the prosecuting attorney of the county where said relatives or any of them reside shall proceed by action to be brought in the name of the state to collect such sum. Such action may be brought in any county where any of said relatives may reside. If any person so ordered to contribute to the support of such patient shall at any time become unable to pay the sum so ordered, such person may petition the probate court, setting forth the facts; upon the filing of such petition the court shall appoint a day of hear- ing thereon, and notice of such hearing shall be served on the prosecuting attorney of the county and upon the attorney general not less than six days before the day of hearing. If the court is satisfied that such person is no longer able to Costs, how paid. Recovery. When may petition for change of order. contribute such sum, it may make an order vacating or modifying the original order, and a certified copy of the order so made shall be furnished to the State treasurer. The costs of these proceedings shall be paid in the manner provided in the preceding section. The proceedings provided for by this section may be begun at any time before the final discharge of said patient from said home, and not afterwards; and recovery thereunder may be had for the expenses incurred on behalf of such patient during the entire period or periods of confinement in said home. The proceedings prescribed by this section shall not be deemed to exclude recovery in any proceeding authorized by any general law of this state. (110) SEC. 19. When any person in indigent circum- stances shall have been maintained by his friends in said home as a private patient for three months, and the medical superintendent shall certify that he has not recovered and requires further treatment, the friends by whom he has been so maintained may petition the probate court, stating the facts and praying that his order for admission be changed from that of a private patient to that of a public patient. , INSANE AND FEEBLE-MINDED. 57 Notice of the time and place of hearing on said petition shall be served on the prosecuting attorney of the county not less than six days before hearing. The court shall investigate the facts and circumstances of the case, and if deemed proper may make an order changing the order of admission of such person from that of a private patient to that of a public pa- tient. A certified copy of such order shall be at once sent to the medical superintendent and the prosecuting attorney of the county. The prosecuting attorney may at any time thereafter take such proceedings to reimburse the state out of the estate of such patient as are provided for in section seventeen, or to require the relatives of such patient who are legally liable for his support to reimburse the state as pro- vided in section eighteen. - (111) SEC. 20. If any person shall be admitted as a pub- lic patient, his order for admission may be changed to that of a private patient by executing and delivering to the pro- bate court the bond and advance payment for his support mentioned in section fifteen. The probate court shall there- upon make an order changing the admission of said person from a public to a private patient. All the provisions of said last named section as to justifying anew by the persons exe- cuting the said bond or giving a new bond shall apply to the bond so given and in the same manner and with the same effect as if said bond had been given when the order of ad- mission was made. (112) SEC. 21. Whenever the superintendent of the in- dustrial school for boys, the state industrial home for girls, the state public school at Coldwater or any other charitable institution supported by the state, shall certify to the pro- bate court of the county in which such school, home or in- stitution is situated, that in his opinion any inmate thereof has become or is feeble-minded or epileptic, such court shall immediately fully investigate the facts in the case. It shall cause such inmate to be personally examined by two repu- table physicians to be appointed by the court, who, shall have Notice, Service of. Court to investigate. Order for admission, ... how -- changed. ” Provisions applicable. Court to investigate. Personal ex- amination. the qualifications hereinbefore prescribed, and in its discre- tion shall call such other credible witnesses as it may deem . needful, and it shall have power to compel the attendance of witnesses. If such inmate shall be found and adjudged to be feeble-minded or epileptic, the court shall immediately issue an order for his admission as a public patient to the Michigan home for the feeble-minded and epileptic. When ever any such inmate shall have been restored to his normal condition, the medical superintendent of the home shall so certify in writing to the superintendent of said school, home or institution, who shall forth with, on receiving such certifi- cate, send for and receive back such inmate into said school, home or institution. The expense of such examination and proceedings and of removing said inmate to and from said - Order for admission as public patient. Expense, . ow audited and paid. 58 . LAws RELATING TO THE Who to benefit. Removal. Expenses. When patient eSCape.S. Aiding to . . eSCape, InlS- demeanor. Penalty. home shall be audited by the board of state auditors and paid from the general fund on the certificate of the probate court, medical superintendent of the home or the superin- tendent of the school, home or institution having knowledge of the facts. - (113) SEC. 22. The Michigan home for the feeble-minded and epileptic is intended for the benefit of bona fide residents of this state. The board of control shall cause any person who has been admitted but who has not acquired a legal settlement in this state to be removed as soon as possible to the state to which he belongs. The actual and necessary expenses of such removal shall be audited by the board of state auditors and paid from the general fund upon vouchers certifying to the circumstances of such removal, showing in detail-the expenses thereof. (114) SEC. 23. If the patient shall escape, the medical superintendent shall notify the judge committing such pa- tient, and take all proper measures for his apprehension, and he may offer a reasonable reward therefor. The expense of the recapture of a private patient shall be paid by the persons responsible to the home for his care and maintenance, and of a public patient shall be paid by the home and shall be a charge against the state, to be included in its quarterly bills. Any person who shall aid or assist any person who is an inmate of the said Michigan home for the feeble-minded and epileptic to escape therefrom, or who shall aid or assist any inmate thereof absent on parole to violate his or her pa- role; or unlawfully detain such paroled person from the cus- tody of any person or persons to whom such inmate has been temporarily placed in charge by the officers of said home, or shall aid or assist any female inmate of said home to leave this state, or shall marry any inmate knowing such person to be an inmate or a subject of such home without the con- sent of the board of control of such home, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the state prison or state house of correction and reformatory for a term not to ex- ceed two years or by a fine not exceeding five hundred dol- When may discharge patient. Proviso. lars, or by both such fine and imprisonment in the discre. tion of the court. - Am. 1913, Act 29. (115) SEC. 24. The medical superintendent may by con- sent of the board of control discharge any patient in the fol. lowing cases: First, A patient who, in his judgment, has recovered; Second, Any patient who has not recovered but whose discharge, in the judgment of the Superintend- ent, will not be detrimental to the public welfare nor in- jurious to the patient: Provided, however, That before order- ing such discharge the superintendent shall send notice by INSANE AND FEEE}LE. MINDED. 59 mail to the friends of such patient or to the superintendent of the poor of the county whence he came, and to the judge of probate committing such person, and if such patient is not removed within ten days thereafter he shall be returned to the home and friends or to the superintendent of the poor of said county. When the superintendent is unwilling to discharge an unrecovered patient upon request, and so certifies in writing, giving his reasons therefor, the probate court of the county from which the patient was admitted into the home may, upon such certificate, and an opportunity for hearing thereon being accorded the superintendent, and up- on such proofs as may be produced, direct by order the dis- charge of such patient, upon such security to the people of the state as the court may require, for the good behavior and maintenance of the patient. A certified copy of the order shall be delivered to the superintendent of the home. The superintendent may grant a parole to any patient not exceeding thirty days at any one time under general condis tions prescribed by the board of control. Such parole shall not affect the validity of the bond given for the support of a private patient. The superintendent shall have authority to demand and enforce the return of any person so paroled, and each paroled person shall at all times be deemed a ward of the state. A patient who has been discharged by the medical superintendent may, with the approval of the superintendent, be readmitted to the home under the original order of admission at any time within one year after the date of such discharge, but thereafter he shall only be re- admitted upon a new adjudication and a new order for ad- When probate court to direct discharge. Paroles. May demand return. Readmittance. mission. If the patient has been discharged by order of any court he shall not again be admitted to the home except upon a new adjudication and order for admission. - Am. Id. (116) SEC. 25. No patient shall be discharged without suitable clothing; and if it cannot be otherwise obtained, the steward shall, upon the order of the medical superin- tendent, furnish the same and money not exceeding twenty- five dollars to defray the patient’s necessary expenses until he can reach his relatives or friends or find employment to earn a Subsistence. - (117) SEC. 26. Any one in custody as a feeble-minded or epileptic person in any home or retreat is entitled to a writ of habeas corpus upon a proper petition to the circuit court of the county in which said home or retreat is situated, made by him or some one in his behalf. Upon the return of such Writ the fact of the person’s mental condition shall be in- quired into and determined. The medical history of the person as it appears in the books of the home or retreat shall be given in evidence and the superintendent or medical officer Clothing, etc., when to furnish. Habeas COTDuS. Mental condition, . #!ermination Oi. 60 LAWS RELATING TO THE in charge of the institution wherein such person is held in Charges, how and by whom fixed. Governor to be notified, duty. Expenses allowed. Superintend- ent, duty. Who may recover costs. Proviso. Costs, what to include. custody and any other proper person shall be sworn touch- ing the mental condition of such person. (118) SEC. 27. The rate of charges per week to be paid the home for the board and treatment of patients shall be fixed at a joint meeting of the board of control and the board of state auditors, to be held immediately upon the taking effect of this act, which said rate shall obtain for the balance of the fiscal year, and thereafter the rate shall be fixed at a meeting to be held during the month of June in each year at a time and place to be designated by the chairman of the board of state auditors, said charge not to exceed the actual cost thereof, including all salaries, repairs, improvements and machinery exclusive of new buildings, boilers, engines and dynamos, but this provision shall not be construed to pre- vent the furnishing of extra care and attendance to private patients by special contract. Within ten days after the joint meeting of said boards, it shall be their duty to inform the governor in writing of the charge per week prescribed. If, in the opinion and discretion of the governor, the rate so fixed at such meeting shall be deemed adequate, he shall ap- prove it in writing; if not he shall within ten days after the receipt of such communication, call another joint meeting of said boards for the purpose of fixing such a rate as shall be approved by the governor. When the resolution fixing the rate of maintenance shall be finally approved by the governor, it shall be filed in the office of the secretary of state, and a certified copy of such resolution shall be evidence in all courts and places of the rate of maintenance for all patients confined in said home. The members of the board of state . auditors shall be allowed their actual expenses incurred while attending said meetings. At the close of each quarter the medical superintendent shall certify to the auditor gen- eral the name, age and residence of all public patients ad- mitted or discharged during the quarter. - (119) SEC. 28. The prevailing party in proceedings under this act may in the discretion of the court recover the costs of such proceedings against the other party thereto : Pro- vided, That no costs shall be awarded against the state in the case of the commitment of private patients. An execu- tion for the collection thereof may be issued which shall be in the form as near as may be of a circuit court execution, and shall be enforced in the same manner. If costs are re- covered against a person adjudged to be feeble-minded or epileptic, his guardian may be ordered to pay them out of his estate. The costs shall include the medical examiners' fees, jury fees, the expense of taking the feeble-minded and epilep- tic person to the home, necessary clothing and all other fees and disbursements in the case except attorney fees. The expense of removing all public patients from the home shall INSANE AND FEEBLE-MINDED. 61 be advanced by the home and shall be included in its quar- terly bills and paid by the state. (120) SEC. 29. All officers sending a patient to the home shall, before sending him, see that he is in a state of bodily cleanliness and comfortably clothed as prescribed in the by- laws of the home. Each female admitted to the home shall be accompanied by a female attendant of reputable character and mature age to be designated by the court unless accom- panied by her father, brother, husband or son. Any per- son or officer who shall bring a female patient to the home in violation of the provisions of this section, or who shall, under the provisions of law or otherwise, bring or accom- pany any patient to the home, and not in due time deliver such patient into the lawful care or custody of the proper officer of the home, taking his receipt therefor if he be ad- mitted, or who shall wilfully leave, abandon, neglect or abuse such patient, either in going to or returning from the home, shall be deemed guilty of a misdemeanor. (121) SEC. 30. The medical superintendent of the home shall immediately upon the taking effect of this act report to the auditor general the names of all persons confined in the home, together with the date of commitment, the county from which commitment was made, the names and addresses of the patient’s relatives or guardian, as the case may be, and shall state what amount, if any, has been contributed toward the support and maintenance of such patient at the home and by whom such amount was contributed. The medi- cal superintendent of the home shall report quarterly to the secretary of the board of corrections and charities and to the auditor general the names and ages, the date and cir- cumstances attending the admission, discharge, removal, es- cape or death of all public patients. The board of corrections and charities shall provide for the careful registry by its Secretary of all facts communicated in compliance with this section. - Sec. 37. Chap. xiii, of the judicature act of 1915, supersedes sec. 31 of this act and also sec. 42 of Act 217, P. A. 1903. See compiler's sec. 48. (122) SEC. 32. No public or private patient in said home shall be allowed to execute any contract, deed, will or other instrument unless such execution shall have first been al- lowed and approved by an order to be entered of record by the court admitting him to said home, and a certified copy of Such order shall be furnished to the medical superintendent at the time of the execution of such contract, deed or in- strument. Such order of the probate court shall be prima facie evidence only of the capacity of such patient to make Such instrument. - (123) SEC. 33. Any will or conveyance by which any real or personal estate may be directed to be sold or converted into money and the proceeds paid over to this state or the treas: Patients, care of, en route. Penalty for violation. Medical superintend- ent, report of, what to State. Contract, etc., When executed. Certain COIl Veyances valid. 62 LAWS RELATING TO THE urer thereof, in trust for any feeble-minded or epileptic per- Officer filing will, deed, etc., to give notice. Duty of ex- ecutor relative to moneys. Board of control, duties of, relative to trust. Expenditures. son, and any will bequeathing or deed conveying any money to this state or the people thereof, in trust for any feeble- minded or epileptic person, is hereby declared to be legal and valid as to such trust, and the trust so reposed and de- clared shall be accepted subject to the conditions, restric- tions and limitations contained in this act. No trust shall be accepted under this act unless the moneys so bequeathed or the proceeds of sale of real or personal estate so devised, be- queathed or conveyed shall amount to at least one hundred dollars. (124) SEC. 34. It shall be the duty of any officer with whom any will containing such devise or bequest shall be filed, after being informed of the death of the testator, and of any officer to whom any will containing any such devise or bequest shall be presented for probate, immediately there- after to notify the state treasurer and the attorney general of such filing or presentation; and it shall be the duty of the attorney general upon being so notified, or upon being other- wise informed of the execution of any such will and of the death of the testator, to institute and carry on all necessary suits and proceedings to secure the payment into the state treasury of all moneys which under this act and in pursuance of such trust may be received by the state treasurer. (125) SEC. 35. It shall be the duty of the executor of such will or administrator with the will annexed to pay to the state treasurer all moneys which may be payable to the state or the people thereof as trustees for any such trust, and the said moneys when so received by the state treasurer shall be placed by him to the credit of the fund to be known as the (naming the feeble-minded or epileptic person) “feeble- minded trust fund,” and the interest on the same shall be computed annually at the rate of three per cent, and such interest and trust fund shall be paid out for the benefit of the persons for whom such trust fund may be credited and as provided by this act. - (126) SEC. 36. The board of control of the home shall have charge of all persons for whose benefit any such trust shall be created, and of all expenditures payable by such interest or feeble-minded trust fund. Any patient confined in the home while the said interest and trust fund shall be sufficient for that purpose shall be furnished with clothing, lodging, board, medicines, medical and other attendance, care, comforts and conveniences as are usually and in accord- ance with the rules of the home allowed to other patients whose support shall be paid for by private persons and at the same rate of charges. Said board shall, so far as it may be possible but within its reasonable discretion, regulate the expenditures on behalf of such feeble-minded or epileptic per- son so that the same may be defrayed from the interest au- INSANE AND FEEBLE-MINDED. 63. 3- º thorized to be paid on the principal of the fund so created for his benefit. If the interest shall be insufficient such ex- penditures may be made from the principal of the fund; and if any sum be received from any other source for the support and care of such person, the money so received shall be first used for the payment of such expenditures in preference to money drawn from such interest or trust fund. Should any such feeble-minded or epileptic person be removed from the home by his legal custodian or guardian, not having been discharged as cured, such expenditure on his behalf shall cease, and such interest or trust fund shall remain unappro- priated until such person shall be returned to the home, or the same shall be paid out as hereinafter provided by this act. If any feeble-minded or epileptic person for whose bene- fit any such trust shall be created, shall be confined or kept in any other place than the Michigan home for the feeble- minded and epileptic, the board of control of the Michigan home for the feeble-minded and epileptic shall upon notice of such trust from the state treasurer, cause such person to be removed to the home, and shall there provide for the Sup- port of such person as hereinbefore provided. (127) SEC. 37. If any feeble-minded or epileptic person for whose benefit any such trust shall have been created, shall have become cured and free from liability to a return of his malady, or shall die, the board of control of the home shall certify to the auditor general and state treasurer that such person has become cured and is no longer in need of support from such home, or is dead, and the state treasurer, upon the warrant of the auditor general, shall pay to such person or persons as may be entitled thereto under the will or con- Veyance by which such fund was created, the balance, if any, of the principal and interest standing to the credit of such feeble-minded or epileptic person. If such will or convey- ance shall not provide for or make any disposition of such fund in such cases, then such money shall be paid to the person for whose benefit such fund has been created if he is living and cured, and if he be dead then to his legal repre- sentatives; but if, because of a liability to a return of his malady, the board of control and medical superintendent shall not deem it prudent that the state relinquish custody and control of the trust fund created for the benefit of any Such feeble-minded or epileptic person, the board of control and medical superintendent in their discretion may author- ize the use of the interest and a necessary portion of the Principal of said fund for the benefit of such person though not an inmate of the home. (128) SEC. 38. Immediately upon receipt of moneys into the state treasury under this act, the state treasurer shall notify the auditor general and the board of control of the home the amount thereof and the name of the person for - Removal. When patient cured, or shall die. Fund, dis- position of. Who State treasurer to notify on receipt of In OIley S. 64 LAWS RELATING TO THE Appeals from probate court. Notice of ap- ºl. Service Of. Bond. Right of ac- tion, who to have. Not to affect present officers. Expense of maintenance, how and to whom paid. When patient to be transferred. whose benefit the fund has been created, and all payment from the treasury under this act shall be on the warrant of the auditor general upon vouchers duly approved and filed with the auditor general by the board of control, the same as other moneys drawn from the treasury by the board of control for the home. - - - (129) SEC 39. Any person aggrieved by any order, sen- tence, decree or denial of the probate court, may appeal there- from to the circuit court for the same county. Such appeal shall be taken within the same time and in the same man- her and the same proceedings shall be had thereon, except as herein otherwise mentioned, as is provided in sections six hundred sixty-nine to six hundred seventy-three, inclusive, of the compiled laws of eighteen hundred ninety-seven. If the alleged feeble-minded or epileptic person is an appellee, the notice of the appeal shall be served on him and on the person having him in charge or his guardian ad litem. The bond to be given on such appeal shall run to the judge of probate of the county for the use and benefit of any person who shall be injured by the allowance of such appeal, in such penalty and with such surety or sureties as the probate court may ap- prove, and it shall be conditioned for the diligent prosecution of such appeal, and the payment of all such damages and costs as shall be awarded to any person on account of the allowance of such appeal in case the person appealing shall fail to obtain a reversal of the decision appealed from. Any person injured by the allowance of such appeal shall have a right of action upon such bond in case the decision so appealed from is not reversed. Proceedings under an order of admission shall not be stayed pending an appeal there- from, except upon the special order of the probate court, which may revoke or modify said special order at any time. The court may also, during the pendency of said appeal, make such order for the temporary care or confinement of the alleged feeble-minded or epileptic person as he may deem necessary. (130) SEC. 40. Nothing in this act shall be construed to affect the tenure of office of any of the present officers of the Michigan home for the feeble-minded and epileptic. (131) SEC. 41. The expense of maintenance of public pa- tients shall be paid to the Michigan home for the feeble- minded and epileptic upon the warrant of the auditor gen- eral in accordance with the general accounting laws of this state. The county from which each public patient was com- mitted shall be liable to the state for the first year's mainte- nance of such patient at the home. (132) SEC. 42. When any patient shall become insane while confined in said home and the medical superintendent shall certify in writing that such patient is insane and is not a fit subject for care and maintenance at said home, such º INSANE AND FEEBLE-MINDED. . 65 * patient shall forthwith be transferred to the asylum of the district from which such patient was committed, and the ex- pense of such transfer shall be audited and paid by the board of state auditors upon properly attested, itemized vouchers, approved by the medical superintendent. Such transfer shall not affect the liability upon any bond for private support or any order for reimbursement for public support, but all such bonds and orders for reimbursement shall be liable and in full force for the cost of maintenance at the asylum to which such patient is transferred. Sec. 43 repeals all acts or parts of acts in any way contravening the pro- visions of this act. MHCHIGAR FARM COLONY FOR EPILEPTICS. An Act to establish a farm colony for the humane, curative, scien- tific and economical treatment of epileptic persons, exclusive of in- Sane and idiotic persons, to be known as the “Michigan farm col- ony for epileptics,” to regulate the procedure for admission there- to and to provide for the management and control thereof and making an appropriation therefor. - [Act 173, P. A. 1913. ] The People of the State of Michigan enact: (133) SECTION 1. There shall be established in this state in a suitable rural community, a farm colony for the humane, curative, scientific and economical treatment of epileptic per- sons, exclusive of insane and idiotic persons, to be known as the “Michigan farm colony for epileptics.” (134) SEC. 2. The governor shall appoint, upon the pas- Sage of this act, three commissioners for the purpose of select- ing a suitable site and erecting thereon buildings for such colony, furnishing and putting the same into operation. The governor and the secretary of the state board of corrections and charities, shall be ex-officio members of such commission. The members of such commission shall receive no pay for their services under this act, except their actual traveling and necessary official expenses, which shall be allowed by the board of state auditors. (135) SEC. 3. Said commissioners shall before entering upon the duties of their office take and subscribe the constitu- tional oath of office and file the same in the office of the secretary of state. They shall also at their first meeting appoint from their number a secretary and treasurer; said treasurer shall give bond to the people of the state in the penal sum of ten thousand dollars, by corporate surety with at least two sureties, to be approved by the governor, condi- Farm colony for epileptics. Commission to Select site. Oath of office. Secretary and treasurer, bond. 9 66 LAWS RELATING TO THE Site. Deeds. Plans, prepa- ration, etc. Proviso. Erection, etc., of buildings, proposals. tioned for the faithful performance of the duties required of him, and to properly account for all moneys received by him under this act. (136) SEC. 4. Said commissioners shall proceed with all convenient speed to select and secure a suitable site of not less than one thousand acres and cause to be constructed thereon the necessary buildings and fixtures for said colony. In the selection of such site they may take into considera- tion any proposals to donate land or other aid therefor. (137) SEC. 5. The deeds for such site shall be duly exe- cuted to the people of this state and shall be deposited with the auditor general. (138) SEC. 6. Said commissioners shall prepare and adopt plans for the grounds, buildings and fixtures required for such colony of such forms, styles and dimensions as will when completed come within the appropriation therefor: Provided, That such plans shall provide for what is known as the “cottage plan,” and that cottages for female inmates shall be grouped together and at suitable distances from the cottages provided for male inmates, which shall also be grouped together. (139) SEC. 7. Said commissioners shall, as soon as they have secured such site and adopted such plans, proceed to advertise for proposals for the erection and furnishing of such buildings, and are empowered to make contracts with such builders as shall make proposals most conducive to the in- terests of the state, taking into consideration the price, the time of performance, responsibility of the contractors, and the Architect, etc., appoint- ment. Notice of completion. Board of con- trol, appoint- ment, etc. security offered for the faithful performance of their work. (140) SEC. S. Said commissioners shall have the power to appoint an architect, superintendent and other nec- essary agents and assistants, and to fix the compensation for their services, subject to the approval of the governor. Said commissioners shall also have control and government of said institution until they shall be succeeded by the board of control, hereinafter provided, to be appointed and confirmed during the session of the legislature next succeeding the completion of said institution with the same powers and duties as are given to said board of control hereinafter pro- vided. (141) SEC. 9. When said institution shall be completed and ready for the reception of inmates, said commissioners shall make under their hands a certificate thereof which shall be transmitted to the governor who shall thereupon give pub- lic notice that said institution is completed and that inmates will be received therein. (142) SEC. 10. The general supervision and government of said colony shall be vested in a board of control, which shall consist of five members to be appointed by the governor, by and with the advice of the senate, who shall hold office, one º INSANE AND FEEBLE-MINDED. 67 for the term of two years, two for the term of four years, and two for the term of six years, and until their successors are appointed and qualified. Said respective terms of office to be designated in their several appointments and thereafter - their successors shall be appointed for the full term of six years, or until their successors are appointed and qualified. Their commissions shall by their terms expire on the first day of February. Whenever any vacancy shall occur in said Vacancy. - - board, the governor shall appoint some suitable person to fill such vacancy, who shall hold office until the close of the next session of the legislature, or until such vacancy shall be filled as hereinbefore provided. Members of said board Removal. shall be subject to removal by the governor for misconduct or neglect in office upon cause shown and opportunity to be heard. (143) SEC. 11. Members of said board of control shall Body constitute a body corporate under the name and style of “” “The board of control of the Michigan farm colony for epi- leptic persons,” and shall have the right to use a common seal. . (144) SEC. 12. It shall be the duty of the members of said Annual board to meet annually at said colony on such day as they "* shall determine and establish for their annual meeting in each year and at such annual meeting they shall elect a president, secretary and treasurer of their own number to hold their offices for one year or until their successors are elected. It shall also be the duty of said board to meet at least once in each month on its own adjournment and oftener if it shall be deemed advisable. (145) SEC. 13. The members of said board shall before Oath of office. entering upon the duties of their office take and subscribe their constitutional oath of office and file the same with the secretary of state. - - - (146) SEC. 14. The members of said board shall receive Expenses. no compensation for their services under this act but shall receive their actual and reasonable expenses when incurred in the performance of their duties, which shall be paid by the state treasurer on the Warrant of the auditor general on Y- the rendering of their accounts out of money to the credit of the general fund not otherwise appropriated. - (147) SEC. 15. The government and the sole and exclusive Government. control and management of the colony shall be vested in the º said board of control. It shall establish a system of govern- Rules and ment and make all necessary rules and regulations for en. " forcing discipline, for imparting instruction, for preserving health, for the proper employment, and for the physical, in- tellectual and moral training of the patients. Whenever new buildings are authorized to be built for the use of said farm colony or repairs or improvements made, it shall be 68 LAWS RELATING TO THE Architect and superintend- ent of con- Struction. Labor of patients. Proviso, advertising for bids. Statement to governor, what to include. Report, what to show. Bond of treasurer. - competent for the said board of control to appoint an archi- tect and superintendent of construction and fix their com- pensation, to procure such work to be done under its own direction and supervision, employing in so far as possible labor of the patients of said farm colony, without advertising for bids or letting the work to any contractor: Provided, That such board shall advertise for bids if the character or magnitude of the work to be done makes it impossible to profitably use the patients of the institution. Am. 1915, Act 11. (148) SEC. 16. The board of control of said colony shall on or before the tenth day of November preceding each regu- lar session of the legislature, make out and present to the governor a detailed statement of the operation of the colony for the two preceding fiscal years closing on the thirtieth day of the preceding June, which shall include the report of the superintendent for such period and a report of the treas- urer of all receipts and disbursements made during the same period, which report shall be furnished the state printer for publication by the fifteenth day of November of the year when made. Such report shall show for such biennial period in detail the number and name of the superintendent, officers, teachers and all other regular employes and the salaries or wages paid to each and the length of the rest or vacation allowed to each per year, and what, if any, emoluments are allowed and to whom. Said board shall also cause a full and accurate inventory, in duplicate, to be taken at the close of each fiscal year next preceding the regular session of the legislature by the officers in charge, which shall specify the number of acres of land and the value thereof, the number under cultivation and the improvements made, the number, kind' and value of all buildings, the various kinds of personal property and the value thereof, the amount of income derived from the work of inmates, and a fair and impartial summary of the economic conditions of the colony. This inventory shall be signed and sworn to by the officer making the same and certified as correct by the board of control after due examination thereof, one copy of which shall be made and recorded in a proper book to be kept for that purpose in the office of the superintendent of the colony, and the other shall be filed in the office of the auditor general on or before the first day of November of the year when made and a summary thereof shall be published in the biennial reports of the in- stitution. (149) SEC. 17. The treasurer of said board shall be re- quired before entering upon the duties of said office to give his bond to the people of the state in the penal sum of ten thousand dollars, with two or more sureties, or corporate surety, to be approved by the auditor general, conditioned INSANE AND FEEBLE-MINDED. 69 * for the faithful performance of the duties of his office and to properly account for all moneys received by him as such treasurer. He shall have the custody of all moneys and other securities and obligations belonging to said colony. Said moneys shall be disbursed only for the use of such colony in such manner and method as the board of control may direct. The treasurer shall keep full and accurate account of the receipts and payments and render statements in the manner provided for by the general accounting laws of the state. He shall also render an account to the state of his books and of all the funds and other property in his custody whenever required so to do by the board of control. (150) SEC. 18. The board of control shall appoint a medi- cal superintendent who shall be a competent, well educated and experienced physician, familiar with the treatment and care of epileptic persons and shall fix his compensation. He shall be the chief executive officer of the colony and may be removed for cause by said board. Subject to the by-laws and regulations established by the board of control, he shall have the general superintendence of the buildings, grounds and farm, together with the furniture, fixtures and stock. He shall appoint, with the approval of the board of control, such and as many assistants and attendants as the board of con- trol may think necessary and proper for the economical and efficient performance of the business of the colony and shall prescribe their several duties and fix with the approval of the board of control their compensation and may discharge any of them at his sole discretion, but in every case of discharge, he shall forth with record the same with reason under an appropriate head in one of the books of the colony. He shall maintain discipline among all who are employed in the institution and enforce strict compliance with his instruc- tions and uniform obedience to all the rules and regulations of the colony. - - (151) SEC. 19. The board of control shall appoint upon the nomination of the medical superintendent a steward. The steward under the direction of the medical superintend. ent shall be accountable for the careful keeping and economi- cal use of all furniture, stores and other articles provided for the colony, and under the direction of the medical superin- tendent shall: - - First, Make all purchases for the colony, preserve the orig- inal bills and receipts thereof, and keep full and correct ac- counts of the same and copies of all orders drawn by him- self upon the treasurer; Second, Make contracts in the medical superintendent’s name with the officers, attendants and assistants and keep and settle their accounts; Third, Keep the accounts for the support of patients and expenses incurred in their behalf, and furnish the treasurer Medical super- intendent. Assistants, etc. Steward. Duties. 70 LAWS RELATING TO THE Patients, how classified. Public patients. Private patients. Voluntary patients. Indigent, etc., perSons. Petition for admission, who may make. What to contain. Hearing. Notice of. quarterly and at other times when required by the medical superintendent or board of control, statements of such as fall due; Fourth, Report to the treasurer monthly the names and amounts due and in arrears from private or partially private patients; - Fifth, Have general oversight and charge of all the indus- trial departments of the colony and of its farming opera- tions, and of such other business as may be prescribed by the by-laws or directed by the board of control. - (152) SEC. 20. Patients are divided into two classes: First, Public patients who are epileptic, exclusive of in- same and idiotic persons, and are kept and maintained at the expense of the state or partially at the expense of the state as hereinafter provided; Second, Private patients who are epileptic, exclusive of insane or idiotic persons, and are kept and maintained with- out expense to the state. t Am. 1915, Act 10. (153) SEC. 21. Persons who are epileptic but not feeble- minded may be admitted as voluntary patients without order of the court if their support is provided from private means. (154) SEC. 22. Persons who are epileptic and are in in- digent circumstances, may be admitted upon the order of the probate court as hereinafter provided. (155) SEC 23. Petition for the admission of a person to the Michigan farm colony for epileptic persons may be made by the father, mother, husband, wife, child, brother or sister of such person, or by the guardian of such person, or by a superintendent of the poor of the county, or supervisor of the township within which said person resides, and directed to the probate court of said county. Such petition shall contain, together with other necessary allegations, to confer jurisdiction upon the probate court, a statement of the facts upon which the allegation as to epilepsy is based, and be- cause of which the application for the order is made. Upon filing of such petition with the court the court shall fix a day of hearing and shall give notice thereof to the person alleged to be epileptic and to his next of kin if they are within the county; to his guardian, if he has one; to the person in whose custody he is at the time of making the petition and to the prosecuting attorney of the county. Such notice shall be served not less than three full days before the time of hear- ing upon the persons to whom notice is directed, and the court may appoint one or more competent and disinterested physicians to examine and report upon the condition of said epileptic person, and shall institute an inquest and take proofs in writing as to the financial circumstances and resi- dence of the patient, and of the relatives who are legally INSANE AND FEEBLE-MINDED. 71 liable for his support and shall fully investigate the facts in the case before making an order of commitment, and if no jury is demanded, the judge of probate shall determine the question of whether such person is epileptic or not and whether or not it is necessary or for the best interests of said person to be committed to said colony. If said al- leged epileptic person, or his guardian or next of kin, shall so demand, a jury of six freeholders having the qualifications of jurors in courts of record, shall be summoned to determine the question of whether such person is epileptic, and such jury when summoned shall be selected in the same manner as is provided for by law in the case of insane persons and they shall receive the same fees for attendance as are al- May demand jury. lowed jurors in the circuit court. If such person shall be found to be epileptic and the court shall determine that it is necessary and for his interests that he be committed to the Michigan farm colony for epileptics, an order shall be entered of record by the court. If at the time of or before the making of such order, a bond in the penal sum of one thousand dollars with sufficient sureties to be approved by the judge of probate, running to the people of the state of Michigan and conditioned for the payment of the support and maintenance of the patient in the manner prescribed by law, shall be delivered to the judge of probate, admission shall be ordered as a private patient; otherwise as a public patient, but if as a private patient the court shall fix by order the amount which the patient, or his guardian, or the person legally liable for his support, shall pay to the state treasurer for his support and maintenance. And if the judge of probate shall determine that the patient is in in- digent circumstances, and that there is no one legally liable against whom his support can be enforced, he shall be com- mitted as a public patient. The bond when given and ap- proved shall be transmitted by the judge of probate to the Superintendent of the colony and the surety or sureties upon said bond shall be required to justify their responsibility anew at any time when so required by the court, or the principals may be required to give a new bond in place of the original which when approved shall likewise be trans- mitted to the superintendent. In the order of commitment the court shall designate a proper person or persons to take such epileptic person to said colony, who shall each receive the sum of three dollars per day and necessary actual ex- penses, which, together with all court expenses, shall be borne by the county from which the patient is sent. (156) SEC. 24. Certificates that a person is epileptic, when made by physicians appointed by the probate court in the county where such epileptic person resides, shall be under oath. The physicians must be permanent residents of the state, duly registered according to law, of good standing and Private patient, when admitted as. Public patient. Bond. Physicians' certificates made under oath. 72 LAWS RELATING TO THE Examination. Order for ad- mission, form. shall not be related by blood or marriage to the alleged epilep- tic person nor to the person applying for such certificate, nor shall such physicians be officers or employes or attending physicians of the colony. The qualifications of such physi- cians shall be certified by the clerk of the county and said certificates shall be in the usual form as provided by law in the case of insane or feeble-minded persons. Physicians are empowered to go where such epileptic person may be and are required to make such personal examination of him as to enable them to offer an opinion as to his mental condition and no certificate shall be made except after such personal examination. Each physician making such examination and certificate shall, regardless of whether he finds such person epileptic or not, be entitled to receive for such service not to exceed the sum of five dollars, and ten cents per mile for travel necessarily performed in going to the place of such examination. - - (157) SEC. 25. The order for admission shall be sub- stantially in the following form : STATE OF MICHIGAN IN THE PROBATE COURT FOR THE COUNTY OF. . . . . . . . . . . . . . . . . . . . . . At a session of said court held in the Probate Court Room in the . . . . . . . . . . . of . . . . . . . . . . . in said county, on the . . . . . . . . . . day of . . . . . . . . . . A. D., 19. . . PRESENT . . . . . . . . . . . . . . . . . . . . . . Judge of Probate. An epileptic person. - This day having been appointed for the hearing of the petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . praying that said - - - - - - - -. . . . . . . . . . . . . . . . . . . may be admitted to the Michi- gan farm colony for epileptics as a . . . . . . . . . . . . . . patient, and due notice of the hearing of said petition having been given as required by law and as directed by the court; up- on hearing, it appearing that said person is a resident of the county of . . . . . . . . . . . . . . . . . . . state of Michigan; and it further appearing from the certificate of the physician duly appointed to examine said person and after a full in- vestigation of said matter with . . . . . . . . ‘. . . . the Verdict of a jury, that said . . . . . . . . . . . . . . . . . . . . . . . . . . . . is an epileptic person and is in need of care and treatment at the Michi- gan farm colony for epileptics: IT IS ORDERED that said . . . . . . . . . . . . . . . . . . . . . . . be admitted to the said Michigan farm colony for epileptics as a . . . . . . . . . . . . . . . . . . patient, and IT IS FURTHER ORDERED that . . . . . . . . . . . . . . . . . . . . INSANE AND FEEBLE-MINDED. 73 be and . . . . . . . . . . . . . . . . . . . . . . is hereby designated to take said . . . . . . . . . . . . .... • - - - - - - - - - - - - - - - - to said Michigan farm colony for epileptics, with full power and authority for that purpose. Judge of Probate. If the order for admission is as a public patient, and it Maintenance. shall appear from the proof taken in writing as aforesaid that the patient has an estate out of which the state may be reimbursed for his maintenance, the court shall direct in said order for admission the payment out of said estate of the whole or such part of the cost of maintenance of said patient as he shall deem just, regard being had to the needs of those having the legal right to support out of said estate, which said order shall remain in full force and effect unless subsequently modified by the court as provided in this act, and until the patient shall be discharged from said colony. Whenever an order is made committing any patient to said colony, a copy of such order shall be forth- with transmitted to the medical superintendent of said col- ony, who shall endorse thereon the date of receipt and file the same in his office. Patients shall be entitled to admis- sion in the order in which the copies of said commitments are received and filed: Provided, however, That preference shall be given to the admission of indigent patients so far as circumstances will permit. - (158) SEC. 26. The state of Michigan shall pay the Michi- gan farm colony for epileptics all the expenses of keeping and maintaining public patients therein, including their clothing and all other expenses. An account of these ex- penses, verified by the oath of the medical superintendent, shall be sent to the auditor general quarterly, who shall draw his warrant—therefor on the state treasurer, who shall pay the same out of any moneys appropriated for that pur- pose, if there be any, and if not, then out of the general fund. Every public patient, if he has estate sufficient for that purpose, and if not, then such of his relatives as are legally liable for his support, shall be liable to the state for all expenses paid by it on his behalf. The relatives legally HOW admitted. Proviso, indigent patients. Expenses of public patients, payment. liable for his support, as provided in this act, shall include the father, mother, husband and children of the patient. (159) SEC. 27. The prosecuting attorney of each county is charged with the duty of appearing for and representing the state in all proceedings to reimburse the state for the expenses which it may pay for a public patient and to sub- ject the estate of the patient and his relatives who are legal- ly liable for his support, to the payment of such expenses, and may proceed in the same manner as is provided by law in the case of feeble-minded persons. The attorney gen- Duty of prosecuting attorney. 74 LAWS RELATING TO THE When changed to public patient. Private patient. Order for transfer of certain patients. Discharge. Leave of absence. Rules and regulations. eral shall have the supervision of the prosecuting attorneys in conducting such proceedings and shall report to the gov- ernor any neglect therein on the part of the prosecuting attorney. The probate court may in its discretion order the payment of the costs of any proceedings under this act out of the patient’s estate. (160) SEC. 28. When any person in indigent circum- stances shall have been maintained by his friends in said colony as a private patient for three months or longer, and the medical superintendent shall certify that he has not recovered and required further custodial care and treatment, the persons by whom he has been so maintained may petition the probate court stating the facts and praying that his Order for admission be changed to that of a public patient, notice of the time and place of hearing said petition shall be served on the prosecuting attorney of the county not less than six days before the hearing. The court shall thereupon investigate the facts and circumstances of the case and, if deemed proper, may make an order changing the order of ad- mission of such person from private to public patient. A certified copy of such order shall be at once sent to the medical superintendent. - (161) SEC. 29. In the case of any person admitted as a public patient the order for admission may be changed to that of a private patient by executing and delivering to the probate court the bond heretofore provided for. (162) SEC. 30. Whenever the superintendent of any state institution shall certify to the probate court of the county in which such institution is located, that in his opinion any inmate thereof is epileptic, and not a fit person to remain in the institution of which he is superintendent, such court shall immediately fully investigate the facts in the case and if he shall determine it to be necessary shall enter an order directing the transfer of said inmate to said Michigan farm colony for epileptics. (163) SEC. 31. The medical superintendent may with the consent and approval of the board of control discharge any patient who in his opinion and judgment has recovered or who, though not fully recovered, will not be detrimental to the public welfare if at liberty. Said board on the recom- mendation of the medical superintendent shall also have the power to grant a leave of absence, either for a definite or an indefinite period of time, to any patient when it is deemed that such patient may be properly allowed his liberty. The board of control may prescribe rules and regulations under which a leave of absence may be granted as contemplated in this section and may impose such condition upon an patient granted liberty thereunder as may be judged to be proper to protect the welfare of society and the well-being INSANE AND FEEBLE-MINDED. 75 º of the patient. Such leave of absence may be terminated Termination at any time by the board of control and upon written notice "* . of such termination, or upon the expiration of the term of a definite leave of absence it shall be the duty of the patient to at once return to the institution. It shall be competent Return of for the board to send a suitable employe or employes to bring * back to the institution any patient whose leave of absence has been terminated or who may have left the institution without leave, and it shall be the duty of the sheriff and Duty of other peace officers in any county of this state to render "" “ such assistance to facilitate the return of such patient as may be necessary. º Am. 1915, Act 9. (164) SEC. 32. No patient shall be discharged without Clothing, etc., suitable clothing and sufficient money, not exceeding twenty. " five dollars, to defray his necessary expenses until he can reach his relatives or friends. (165) SEC. 33. The rate of charge per Week for patients weekly charge shall be fixed at a joint meeting of the board of control and * Patients. the board of state auditors to be held immediately upon the taking effect of this act, which said rate shall obtain for the balance of the fiscal year and thereafter the rate shall be fixed at a meeting to be held during the month of June each year at a time and place to be designated by the chairman of the board of state auditors, said charge not to exceed the actual cost thereof, including all salaries, repairs, improvements and machinery, exclusive of new buildings, boilers, engines and dynamos, but this provision shall not be construed to prevent the furnishing of extra care and attention to private patients by special contract. Within ten days after the joint meeting of said boards it * shall be their duty to inform the governor in Writing of the charge per week as fixed by them. If, in the opinion and discretion of the governor, the rate so fixed at such meeting is adequate, he shall approve it in writing. If not, he shall within ten days, call another joint meeting of said boards for the purpose of determining a suitable and ade- quate rate. When the resolution fixing the rate of main- tenance shall be finally approved by the governor, it shall be filed in the office of the secretary of state at Lansing, and a certified copy thereof shall be evidence in all courts of this state. - (166) SEC. 34. All officers before sending patients to the Duty of colony shall see that they are in a state of bodily cleanliness "“” and are comfortably clothed, and female patients shall be accompanied to the colony by a female attendant of reputable character. Any person or officer violating the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished accordingly. 76 LAWS RELATING TO THE Appeal. Transfer of certain patients. Proviso. When patient In Sarle. Appropriation. (167) SEC. 35. Any person aggrieved by any order, sentence or decree of the probate court under the provisions of this act may appeal therefrom to the circuit court of the same county; such appeal shall be taken in the same time and in the same manner as is provided in other cases of appeal from the orders or decrees of the probate court. Proceedings un- der an order of admission shall not be stayed pending an appeal therefrom except upon the special order of the probate court and the court may revoke or modify such special or- der at any time. - (168) SEC. 36. Whenever the Michigan farm colony here- in provided for shall be opened and ready for the admission of patients, all epileptic persons who have been heretofore committed to the Michigan home for the feeble-minded and epileptic at Lapeer, and who are proper subjects to be ad- mitted as patients to the Michigan farm colony for epileptics, shall at once be transferred from the said Michigan home for the feeble-minded and epileptic to the Michigan farm colony for epileptics by resolution of the joint board of control of said institution by and with the approval of the state board of corrections and charities: Provided, That upon the com- pletion of any of the buildings and before the completion of the Michigan farm colony for epileptics, the commission hereby appointed or the board of control, if the board of con- trol shall then be in charge, if they deem it wise and expedi- ent so to do, may arrange for the immediate transfer to such completed building or buildings of as many epileptic pa- tients, inmates of the Michigan home for the feeble-minded and epileptic at Lapeer, as can be properly accommodated. It being the intent of this section to provide for the relief of the Michigan home at Lapeer at the earliest possible time. (169) SEC. 37. Whenever any patient shall become insane while confined at said colony and the medical superintendent shall certify in Writing that such patient is insane and is not a fit subject for care and maintenance at said colony, such patient shall forth with be transferred to the asylum of the district of which such patient was a resident and the ex- pense of such transfer shall be audited and paid by the board of State auditors upon properly attested and itemized Vouchers, approved by the medical superintendent. Such transfers shall not effect the liability on any bond for pri- vate support or any order for reimbursement for public support, but all such bonds and orders for reimbursement shall remain in full force for the cost of maintenance at the asylum to which such person is transferred. (170) SEC. 38. The sum of two hundred thousand dollars is hereby appropriated for the establishment of a Michigan farm colony for epileptics and for the purchase of a suit- able site and erection of necessary buildings thereon and to carry out the provisions of this act. INSANE AND FEEBLE, MINDED. - 77 * (171) SEC. 39. The several sums appropriated by the pro- How paid out. visions of this act shall be paid out of the general fund in the state treasury upon the order of the board of commis- sioners to the treasurer of such board or on the order of the board of control when such board shall have been appointed, and the auditor general is hereby authorized and required to issue his warrant upon the state treasurer for the pay- ment thereof. (172) SEC. 40. The auditor general shall incorporate in Tax clause. the state tax for the year nineteen hundred thirteen the sum of one hundred thousand dollars, and for the year nine- teen hundred fourteen, the sum of one hundred thousand dollars, which when collected shall be credited to the gen- eral fund to reimburse the same for the money hereby appro- priated. - Sec. 41 repeals all acts or parts of acts in any way contravening the pro- visions of this act. STATE PSYCHOPATHHC HOSPITAL. An Act to organize a state psychopathic hospital, to provide for the management thereof, and making an appropriation therefor, and to repeal act one hundred sixty-one of the public acts of nineteen hundred one and act one hundred forty of the public acts of nine- teen hundred five. [Act 278, P. A. 1907.] The People of the State of Michigan enact: (173) SECTION 1. The psychopathic ward at the university Psychopathic of Michigan hospital shall be a state hospital especially de Yºna signed, equipped and administered for the care, observation purposes. and treatment of insanity, and for those persons who are afflicted with abnormal mental states but are not insane. (174) SEC. 2. It shall be known as the state psychopathic jºyºnº hospital at the university of Michigan and shall be located jai. at Ann Arbor. (175) SEC. 3. It shall be under the control of a board of Board of trustees, which board shall be composed of four members of . the boards of trustees of the Michigan asylums for the in- posed, “. sane and an equal number of members of the board of regents of the state university. The members of said board who represent the asylums shall be elected annually at the Janu- ary meeting of the joint board meeting of the trustees of the Michigan asylums for the insane. The members from the board of regents of the state university shall be elected annually at their January meeting. 78 LAWS RELATING TO THE Term of office. Vacancy, Thow filled. Board to have control, etc., of hos- pital. No com- pensation. Control of property. By-laws. Appoint medical director. Assistant physicians. Salaries. Admission, etc., of patients. Report. (176) SEC. 4. All said trustees shall hold their several offices for the term of one year, beginning on the first of February and until their successors are duly elected and qualified. (177) SEC. 5. Whenever a vacancy shall occur in said board of trustees, such vacancy shall be filled by the election of a member for any unexpired term from the board of asylum trustees, or board of regents of the state university, respec- tively, whose representation was vacated. (178) SEC. 6. The government and sole control of the psychopathic hospital at the university of Michigan shall be vésted in its board of trustees. They may take and hold in trust for the state any grant or donation or personal prop- erty to be applied to the maintenance of the patients or for the specified or general use of the psychopathic hospital. They may make rules fixing charges to be made against pri- Vate patients or may make special contracts for the care of the same. They shall not receive any compensation for their services, but shall receive their actual and reasonable expenses incurred in the performance of their duties, which shall be paid in the same manner as the expenses of the trustees of the Michigan asylums for the insane. Said board shall: - First, Have the general direction and control of all prop- erty and concerns of the psychopathic hospital not other- wise provided for by law; Second, Provide its own by-laws, rules and regulations and see that its designs are carried into effect according to such by-laws, rules and regulations; Third, Appoint as often as vacancies occur, a medical director, who by virtue of his position shall be the patholo- gist of the state asylums for the insane and, with the ap- proval of the board of regents of the state university, shall hold the position of professor of psychiatry in the depart- ment of medicine and surgery in the state university; Fourth, Appoint, on the nomination of the medical di- rector, necessary assistant physicians; Fifth, Determine from time to time the salaries and al- lowances of the officers and employes of the psychopathic hospital; Sixth, Establish by-laws, rules and regulations as they deem necessary for regulating the appointment and duties of officers, assistants and employes, and for fixing the con- ditions of admission, support and discharge of patients, and for the business management and internal government of the psychopathic hospital; maintain an efficient inspection of the hospital, keep records of its doings; make a detailed report to the legislature in each alternate year of the opera- tions of the hospital, accompanied by the report of the med- ical director, business officer and treasurer. -- INSANE AND FEEBLE-MINDED. 79 * (179) SEC. 7. The medical director of the psychopathic Medical hospital shall be its chief officer, and in his absence, sickness ºft.* * or incapacity, the first assistant physician shall perform the absence of duties and be subject to the responsibilities of the medical director. (180) SEC. S. The medical director of the psychopathic hospital shall be in supervision and control of the hospital and direct the care and treatment of its patients, and shall: First, Nominate the medical officers of the hospital and when may have power to suspend until the next meeting of the trus º' tees, a resident officer, but in such cases he shall forthwith call a special meeting of the board of trustees to provide for the exigency and the action of the board shall be final; Second, Appoint, with the approval of the trustees, such Appoint and and so many other assistants and attendants as he may ºffs, think necessary and proper for the economical and efficient * performance of the business of the hospital; prescribe their duties and fix, subject to the approval of the trustees, their compensation, and may discharge from the psychopathic hos- pital any of them at his sole discretion, but shall keep a record in the hospital of such discharges with the reasons for the same. - (181) SEC. 9. As professor of psychiatry in the depart- Psychiatry ment of medicine and surgery of the university of Michigan, ſº he shall give instruction to the students of the medical de- partment of the state university in diseases of the mind. (182) SEC. 10. The medical director of the psychopathic Medical hospital shall be the pathologist of the state asylums for the ºf insane and, as such, it shall be his duty to advise regarding º". the clinical and pathological research in the several asylums of the state and to maintain a systematic co-operation be- tween the several asylums of the state and psychopathic hos- pital at the university of Michigan. He shall be the director and in sole charge of the clinical pathological laboratory of the psychopathic hospital. He shall from time to time visit the asylums of the state and may advise and instruct the medical officers of such asylums in subjects relating to the phenomena of insanity and all expenses incurred in the visit of the pathologist to the asylums of the state shall be chargeable to the account of the asylum visited, and shall be paid upon presentation of an itemized account of the ex- penses incurred in the visit to said asylum. (183) SEC. 11. The medical director of the psychopathic Member hospital shall represent the psychopathic hospital at the 'º'" meetings of the joint board of trustees of the Michigan asy- lums for the insane, and, as such representative, he shall be a member of said board. He shall have no vote, however, in the matter of fixing the rate of maintenance of the patients at the several asylums, or in the approval of the salaries of the Officers of the same. 80 LAWS RELATING TO THE Medical officers of asylums to receive in- Struction. Treasurer of hospital, duties. Business ... officer, duties. Accountable for furniture, etc. Make purchases. Contracts with attend- ants. Accounts. Report. Further duties. Patients, how divided. Public. Private. Agt governing admission. (184) SEC. 12. It shall be provided by rules of the trus- tees and the joint asylum boards, that the medical officers of the several asylums shall from time to time receive in- struction at the psychopathic hospital at the expense of the asylums, respectively. (185) SEC. 13. The treasurer of the state university shall be ex-officio treasurer of the psychopathic hospital, and shall have all the powers and perform all the duties as are pro- vided for in public acts of nineteen hundred three, act two hundred seventeen, section ten and section eleven. - (186) SEC. 14. The superintendent of the university o Michigan hospital shall be the business officer of the psycho- pathic hospital. He shall receive such salary as the board of trustees of the psychopathic hospital shall from time to time fix, and shall: - - First, Under the direction of the director of the psycho- pathic hospital, be accountable for the careful keeping and economical use of all furniture, stores and other articles of said hospital; - Second, Make all purchases for the psychopathic hospital and preserve the original bills and receipts thereof and keep full and correct accounts of the same; Third, Make contracts in the director's name with the offi- cers, attendants, nurses and assistants, and keep and settle their accounts; Fourth, Keep the accounts for the support of patients and expenses incurred in their behalf, and furnish the treasurer monthly, and at other times when requested by the director of the psychopathic hospital, statements of such as fall due ; Fifth, Report to the treasurer the names and amounts due and in arrears from private patients; Sixth, Have general oversight, and under the direction of the director, have charge of all domestic departments of the hospital and of such other business as may be provided by the by-laws, or directed by the board of trustees, or such per- Son or persons as may be appointed for such purpose by the board of trustees. - (187) SEC. 15. Patients admitted to the psychopathic hos- pital are divided into two classes: First, Public patients are such as are kept and maintained by the state; Second, Private patients are such as are kept and main- tained without expense to the state. (188) SEC. 16. Sections fifteen and sixteen of act two hundred seventeen, public acts of nineteen hundred three, shall apply to the patients admitted to the psychopathic hos- pital at the university of Michigan, in all particulars not provided for in this present act. - INSANE AND FEEBLE-MINDED. - 81 * (189) SEC. 17. Patients may be admitted to the psycho- Patients ad- pathic hospital at the university of Michigan in accordance ". with the following provisions: First, Persons adjudged insane according to the provisions Persons of act two hundred seventeen, sections fifteen and sixteen, ºne: public acts of nineteen hundred three, may be committed to * * the psychopathic hospital at the university of Michigan, whenever, in the opinion of the judge of probate, it may be deemed advisable: Provided, That before such patient be Proviso. sent to said hospital, he shall obtain the approval of the director of the psychopathic hospital for such action. But, Lack of if an insane patient committed to the psychopathic hospital “” cannot be received because of lack of room, he shall be com- mitted to the proper asylum in the district in which he resides and receive treatment until there is room for him at the psychopathic hospital, and if it appears in the course. of his treatment in such asylum that he would not probably be benefited by treatment at the psychopathic hospital, he shall remain at said asylum. In all orders made by the judge Orders of of probate for the admission of an insane person to the łºś" psychopathic hospital at the university of Michigan, it shall be specified that in case such patient shall not recover after a satisfactory period of observation and treatment, or when- ever, in the opinion of the director of the psychopathic hos- pital at the university of Michigan, further residence in said hospital is inadvisable, such patient shall be transferred to the asylum in the district of which said patient was a legal resident or to such other asylum as the judge of pro- bate may designate in such order of committal: Provided, Proviso, - - - - - notice of That whenever an insane person is to be so transferred, due transfer. notice of such transfer shall be given to the judge of probate and the person making application for such admission and to the superintendent of the asylum to which such patient is to be transferred; i. Second, When, in accordance with section sixteen, act two When ‘...." hundred seventeen, public acts of nineteen hundred three, # §n- in the hearing as to the insanity of a person, it may seem " advisable to the court, that on account of doubt as to the sanity or insanity of a person, or if in the opinion of the court, a permanent order of insanity is inadvisable, or if in the opinion of the court and examining physicians, the case presents complicating diseases which may be treated by the clinical physicians in the general hospitals of the university, and by such treatment their mental or nervous disability be cured or benefited, the court may continue said hearing in said court not to exceed thirty-five days, and direct that such person shall be sent to the psychopathic hospital at the university of Michigan, as a public or private patient, as a person afflicted with some nervous or mental disease and that said person be there confined, observed and treated for a 11 82 LAws RELATING TO THE Report of obseryation. In case. person Insane. period not longer than thirty-five days. Before the expira- tion of this period the director of the psychopathic hospital shall return to the judge of probate the results of his obser- vation and treatment of said patient, and an opinion stating whether said patient, is insane or sane. If observation has shown that the patient is insane, then the court shall notify said patient, the relatives and the person making the applica- tion for said admission to an asylum, and may pass judg- ment of insanity and order that said person be confined as Proviso, transfer to asylum. Discharge from hos- pital. Private - patients, ad- mission of. Support of. an insane patient in the psychopathic hospital at the univer- sity of Michigan, or in the state asylum for the insane in the district of which said patient is a legal resident, or in such other asylum for the insane in the state of Michigan as may seem advisable; and it shall thereupon be further ordered that said patient be transferred to the state asylum for the insane of the district of which said patient was a legal resident, or to such asylum as said judge of probate may designate, when in the opinion of the director of the psychopathic hospital further residence in said hospital would not result in recovery or would be inadvisable: Pro- vided, That whenever an insane patient is to be transferred to an asylum in accordance with such provision, due notice of the intention of such transfer shall be given to the judge of probate, the person making application for the admission of said patient into an asylum, and the superintendent of the state asylum for the insane, to which said patient is to be transferred. If the results of the observation of said per- son show that, in the opinion of the director of the psycho- pathic hospital, said person is not insane, then the order for confinement, observation and treatment shall be vacated and the patient discharged from the psychopathic hospital; Third, Persons who are residents of the state of Michigan, who are afflicted mentally, or with serious nervous disorder, but who are not insane, nor been legally adjudged insane, may be admitted to the psychopathic hospital at the univer- sity of Michigan as voluntary patients, either at the discre- tion of the director of said hospital, or in accordance with the statutes providing for the admission of voluntary patients to the Michigan state asylums for the insane. Such volun- tary patients, when so received, shall be subject to the gen- eral rules and regulations of the psychopathic hospital. All voluntary patients shall be supported without expense to the state, and the amount agreed upon for the maintenance of such voluntary patients in the psychopathic hospital shall be secured by a properly executed bond to be approved by the medical director, and there shall be made such advance pay- * ments as may be required by the action of the board of trus- tees of the psychopathic hospital at the university of Michi- gan, and bills for their maintenance shall be collected INSANE AND FEEBLE-MINDED. - 83 - - monthly. Voluntary patients so received may be discharged Discharge, etc. at any time by the medical director, and in case any volun- tary patient in the psychopathic hospital at the university of Michigan is believed to be insane, then proceedings shall be carried out as provided for such contingency by act two hundred seventeen, section twenty-nine, public acts of nine- teen hundred three; - w Fourth, In case the superintendent of any one of the asy- Inmate at lums for the insane in the state of Michigan shall be of the º, opinion that the condition of mind of any person who is con- hospital. fined in such asylum may be benefited by residence and treat- ment at the psychopathic hospital at the university of Michi- gan, he may cause said patient to be conveyed to said hos- pital, and, in case said patient, while there confined, shall be restored to sanity, such patient shall be discharged; but, in In case case such patient shall be found incurable, such patient may P* * be returned to the asylum from which said patient was re." ceived, or may be discharged or paroled from the psycho- pathic hospital by its director, with the consent of the super- intendent of the asylum from which such patient was re- ceived. Whenever, in accordance with the above provisions, Relative to a patient shall be transferred from any asylum to the psycho- º from pathic hospital, the superintendent of such asylum shall notify the guardian, if any, of such patient and the judge of probate of the county of which such patient was a resident, and when said patient is discharged, paroled or returned to the asylum from which said patient was received, the director of the psychopathic hospital shall inform said guardian, if any, and the judge of probate, before taking such action. (190) SEC. 18. All patients transferred to the psycho- Medical pathic hospital in accordance with the foregoing provisions ºple shall pass from under all care of the asylum from which they for "are “tº were received, except in matters provided for in foregoing provisions as to their discharge or parole, and the order com- mitting such patients to the said asylum from which pa- tients shall be received, shall be full authority for their trans- fer and confinement in the psychopathic hospital at the uni- versity of Michigan, and the director of the psychopathic hospital shall be responsible for their custody, care and treat- ment. - - - (191) SEC. 19. All expenses for transfers between the Expense for asylums and the psychopathic hospital at the university of ". Michigan, shall be borne by the state in the case of public patients, and by those responsible for their support in the Case of private patients. - (192) SEC. 20. No compensation shall be allowed to any compensa- physician, surgeon, or other officer of the university of Michi. " gan, who shall care for or treat any patient of the psycho- pathic hospital, other than their regular salaries, but all Expenses. how audited and paid. 84 LAWS RELATING TO THE - May collect from county. Patients, dis- charge of. Act govern- ing. Proviso, re- admission. Transfer to asylum. Proviso, notice. -ºpenses of public patient, how paid. Collect from County. . necessary expenses for care of such patient, while in the wards or rooms of the general hospitals of the university of Michigan, shall be paid to the general hospitals by the psycho- pathic hospital. Such charges shall be audited by the audi- tor general and shall be paid to the psychopathic hospital out of the general fund and in all cases where the state may reimburse itself for the costs of maintenance of patients at the psychopathic hospital, as hereinafter provided, the state shall collect from the county as a charge additional to the maintenance cost of said patient such amounts as have been expended for the care of patient while in the general hospital. Patients while in the wards or rooms of the general hospitals of the university of Michigan shall have the same status as if they were confined in the psychopathic hospital. (193) SEC. 21. The medical director of the psychopathic hospital may discharge any patient in the following ways: First, In accordance with the provisions of section thirty- two, act two hundred seventeen, public acts of nineteen hun- dred three: Provided, That any person so discharged may not be readmitted to the psychopathic hospital at the univer- sity of Michigan, except on a new order of admission; Second, Any insane patient of the psychopathic hospital may be transferred to the state asylum for the insane in the district of which said patient was a legal resident, or to such asylum as the judge of probate may designate in his order of admission, whenever, after a satisfactory period of observation and treatment, it is found that said patient is incurable, or that further confinement in the psychopathic hospital at the university of Michigan is inadvisable: Pro- vided, That whenever an insane person is to be so transferred, due notice of such transfer shall be given to the judge of pro- bate, and to the person making the application for the ad- mission of said patient to an asylum, and to the superintend- ent of the asylum to which patient is to be transferred. (194) SEC. 22. The state shall pay to the psychopathic hospital all expenses for keeping and maintaining public pa- tients therein, including their clothing and all other expenses of said hospital for said public patients, and during the first year of the patient’s confinement as a public patient, the state shall collect from the county treasurer of the county in which said patient was a legal resident, such daily rate as may be annually fixed at the joint meeting of the boards of trustees of the state asylums for the insane and the board of state auditors, as the daily rate for the maintenance of public patients in the asylum located in the district of which such patient was a legal resident, and in addition thereto, the cost of clothing, transportation and elopement expenses and money's furnished in accordance with section thirty- three, act two hundred seventeen, public acts of nineteen. hundred three. - - INSANE AND FEEBLE-MINDED. º (195) SEC. 23. The business officer of the psychopathic hospital shall monthly make an itemized statement, under oath, which shall be certified to by the director of the psycho- pathic hospital, of all expenses chargeable to the accounts of patients, and shall file the same with the treasurer of the psychopathic hospital. Upon filing of such account and affi- davit with the treasurer, it shall be the duty of said treasurer to forward such account to the auditor general, who shall examine and audit such account, and shall draw his war- rant upon the state treasurer for the amount so audited by him and shall pay the same out of any moneys appropriated for such purpose, if there be any, and, if not, then out of the general fund. (196) SEC. 24. Every public patient, if he has an estate sufficient for that purpose, and, if not, such relatives as are legally liable for the support of such patient, shall be liable Monthly Statement of expenses, how audited and paid. Liability for public patient to the state for all expenses paid by it in the behalf of such patient. (197) SEC. 25. All repairs and such current expenses as are not actually related to the care and treatment of pa- tients, shall be paid for out of any fund which may be to the credit of the hospital, over and above expenses for the main- tenance for the patients therein. - (198) SEC. 26. Any or all provisions of the following sections of act two hundred seventeen, public acts of nine- teen hundred three, which are not in conflict with the fore- going provisions of this present act, or which provide for contingencies not provided for in this present act, shall ap- ply to any or all patients confined in the psychopathic hos- pital, at the university of Michigan. Such sections are sec- tions eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-seven, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-seven, thirty-nine, forty, forty- one, forty-two, forty-three. (199) SEC. 27. There shall be maintained as a part of the psychopathic hospital at the university of Michigan a clinical pathological laboratory, which shall be a central laboratory for the Michigan state asylums for the insane and a laboratory in which research into the phenomena and path- ology of mental diseases shall be carried on. (200) SEC. 28. There shall be annually appropriated out of any money in the state treasury not otherwise appro- priated, the sum of thirteen thousand five hundred dollars to meet the payment of the salaries of the director of the state psychopathic hospital, his assistant physicians, the business officer, clerks, laboratory assistants and the current expenses of the clinical pathological laboratory of the state psycho- pathic hospital, and the surplus, if any, may be expended for repairs and betterment of the state psychopathic hospital. Am. 1915, Act 105. Current ex- penses. Act applicable. Pathological laboratory to be main- tained. Annual . appropriation. 86 LAWS RELATING TO THE Tax clause. Acts repealed. Voluntary patients, how admitted. Proviso, approval of probate judge. Release. Rate of charge, etc. Rules for admission. (201) SEC. 29. The auditor general shall add to and in- corporate in the state tax for the year nineteen hundred fifteen and each year thereafter, the sum of thirteen thousand five hundred dollars, which when collected, shall be credited to the general fund to reimburse the same for the money hereby appropriated. Am. Id. (202) SEC. 30. Act number one hundred sixty-one of the public acts of nineteen hundred one, and act number one hundred forty of the public acts of nineteen hundred five, are hereby repealed; saving and reserving all acts done and the rights accrued under said acts, which acts done and rights accrued shall continue and be in force under these acts and other laws of the state applicable thereto. PROVIDING TREATMENT FOR MENTAL DISORDERS. An Act to provide for the treatment in certain institutions of this state of persons desiring and applying for treatment for mental dis- Orders. [Act 81, P. A. 1913. ] The People of the State of Michigan enact: (203) SECTION 1. The medical superintendent or keeper of any institution, public or private, to which insane per- sons may be committed, may, when there is room for such voluntary patients therein, after providing ample accom- modation for all public and private patients entitled to ad- mission to said institution, receive and detain as a boarder and patient, any resident of this state who is desirous of submitting himself to treatment as a patient, and who makes : written application therefor, and whose mental condition is such as to render him competent to make such application: Provided, The approval of the judge of probate of the county in which such person resides shall be obtained in Writing and such person shall not be detained for more than three days after having given notice in writing of his intention or desire to leave such institution. The rate of charge for in- sane patients, and the rules for admission of insane patients so far as not inconsistent, shall apply to such voluntary pa- tients. Am. 1915, Act 27. INSANE AND FEEBLE-MINDED. . 87. CHARG|MG MAMES OF ASYLºftºs. - An Act providing for changing the names of the Michigan asylum for the insane, the eastern Michigan asylum, the northern Michigan asylum, the state asylum and the upper peninsula hospital for the insane. [Act 21, P. A. 1911.1 The People of the State of Michigan enact: (204.) SECTION 1. The name of the Michigan asylum for Asylums, the insane shall hereafter be known as “Kalamazoo state hos. "“” pital,” the name of the eastern Michigan asylum shall here. after be known as “Pontiac state hospital,” the name of the northern Michigan asylum shall hereafter be known as “Traverse City state hospital,” the name of the state asylum shall hereafter be known as “Ionia state hospital,” the name of the upper peninsula hospital for the insane shall hereafter be known as “Newberry state hospital,” and all acts or parts of acts conflicting with the provisions of this act are hereby repealed. . (205) SEC. 2. Any law or laws that do not now affect Institutions, said institutions shall not in any way affect the same by rea- ... to son of changing the names as provided in section one of this *. act. - An Act providing for changing the name of the Michigan asylum for dangerous and criminal insane at Ionia. [Act 17, P. A. 1899. The People of the State of Michigan enact: (206) SECTION 1. The name of the asylum for dangerous Name changed and criminal insane at Ionia shall hereafter be known as 'º “state asylum,” and all acts or parts of acts conflicting with the provisions of this act are hereby repealed. º 88 LAWS RELATING TO THE Corporations authorized. INCORPORATION OF ENDOWMENT, ETC., HOSPITALS AND ASYLUMS. An Act for the incorporation of hospitals or asylums in cases where Valuable grants or emoluments have been made to trustees for such purposes. [Act 242. S. L. 1863. ] The People of the State of Michigan enact: (207) $ 8288. SECTION 1. That in all cases where lands, or any other property, amounting in value to five thousand dollars or upwards, have been or shall hereafter be given, granted, devised or bequeathed to one or more trustees for the purpose of founding or endowing a hospital or other charitable asylum within this state, for the care or relief of indigent or other sick or infirm persons, and it shall, for the more effective and perfect administration of such trust, be deemed expedient by such trustees to organize themselves as a corporation, then the trustees in whom said lands and other property are for the time being vested, may become incorporated by executing under their hands, and acknowl- edging before some person in this state authorized to take the acknowledgment of deeds, duplicate articles of incorpora- tion, one of which shall be filed in the office of the secretary of state, and one recorded in the clerk's office of the county or counties in this state, in which the office of such incor- poration or association may be located; and upon the execu- tion and acknowledgment of such articles, the signers there- of shall become and be a body politic and corporate, for the objects and purposes set forth in said articles; and they, their successors and associates, shall continue to be such body corporate and politic, and may sue and be sued, take, hold and convey real and personal estate, subject to the limita- tions hereinafter contained; may adopt a common seal, and change the same, and may exercise all the powers, and shall be subject to all the responsibilities by law conferred and imposed. (208) $ S289. SEC. 2. declare : - First, The name of such corporation, the city, town or county in which such hospital or asylum is, or is to be locat- ed, and the period for which it is incorporated; Second, The objects of said corporation, which shall be stated with all convenient fullness and certainty; Third, The names of the trustees thereby incorporated; Fourth, The number of persons who shall constitute the permanent board of trustees of such corporation, the mode of the election or appointment of the first board of trustees, Articles of incorporation. To be filed and recorded. Body Corporate. Powers of. Seal. Contents of articles. Said articles shall contain and INSANE AND FEEBLE-MINDED. 89 s the time for which the trustees shall be elected or appointed, and the mode in which their successors shall be elected or appointed; - Fifth, Such other officers of the corporation as may be deemed necessary; Sixth, The time of holding the annual meeting; Seventh, There shall also be annexed to such articles a copy of the deed, will, or other instrument, by which the original gift, grant, devise or bequest was made to such trustees. (209) $ 8290. SEC. 3. The affairs of said corporation Board of shall be managed by a board of trustees, not less than three "* nor more than thirty in number, who shall be chosen or ap- pointed in such manner as is fixed in the articles of the in- corporation; such trustees shall hold for the term or time in Term. such articles fixed, and until their successors are chosen: Pro- Proviso, vided, That when the number of trustees and the mode of ...". the appointment of their successors is fixed in the deed, will fixed in will. or other instrument of the original founder, the provisions relating thereto shall govern in said corporation, so far as consistent with the laws of this state. The other officers of Officers. said corporation shall be chosen by the trustees, from their own numbers or otherwise, as the trustees shall determine. A majority of such trustees may make by-laws, and alter the By-laws. same, for the more orderly transaction of their business, and for the regulation of the care or relief to indigent and other sick and infirm persons. The number of trustees necessary Quorum. to constitute a quorum shall be determined by the by-laws. As soon as such corporation shall be duly organized, the individual trustees who hold or possess the lands or other conveyance property so given, granted, devised or bequeathed, shall forth. . .” with convey and deliver the same to such corporation by deed or other proper mode of transfer, and said corporation shall thereupon and thereafter hold, possess and enjoy the same to the same extent, and for the same purposes, as designed and declared by the original donor. - Am. 1915, Act 257. (210) $ 8291. SEC. 4. Such corporation may, by gift, May hold grant, devise or bequest, take, receive and hold any property, Pºº". real or personal, but only for the purposes for which it is incorporated: Provided, That said corporation shall not Proyiso, hold any lands except such as shall be necessary for the di- ºr, to rect and reasonable use, support or convenience of its hos: "P" pital or asylum, for a longer period than ten years. - Am. Id. (211) $ 8292. SEC. 5. The trustees of said corporation, or Trustees may a majority of them, are hereby authorized and empowered to º indenture or apprentice to responsible persons, any destitute children: or foundling children now, or which may be hereafter, in 90. LAWS RELATING TO THE ProViso. Trustees not entitled to. Compensation. Use of funds. Investment of funds. Proviso, no loan to trustees, etc. Exemption : from taxation. Proviso, partial taxation. Report of trustees. Penalty for neglect to Teport. Proviso. Amendment of articles. charge or care of said corporation, until such children shall respectively become of lawful age, and to make such indent- ure in each case as binding and effective in all respects as if said trustees were the lawful parents or guardians of said children: Provided, Said trustees shall have power to with- draw such child from any person to whom he or she may be indentured, when in their opinion the interests of the child may require it. No trustees of said corporation shall be entitled to any compensation except under some special employment by the board or authority expressed in the orig- inal deed or instrument of trust. - (212) $ 8293. SEC. 6. All the funds of said corporation shall be faithfully and exclusively used for the purposes thereof, as set forth in its articles, and the same shall be wholly used within this state. Said corporation may invest its funds by loan on mortgage security, or by purchase of any city, county, state or United States bonds, and of any other bonds authorized by the laws of this state for purchase by savings banks, or by loan on pledge of the same: Pro- vided, That no loan of such funds shall be made to any trustee, officer or servant of such corporation. Am. 1915, Act 257. (213) $ 8294. SEC. 7. The property on which said asylum or institution building stands, together with said building and equipment, shall, while occupied for the objects and purposes thereof, be exempt from taxation: Provided, how- ever, That if a portion of said property or building is leased for commercial purposes, then the tax shall be levied only upon the value of that part of the building or property which is leased for commercial purposes, and that portion of the building or property occupied for the purposes for which such hospital or asylum was incorporated shall be exempt and shall be excluded in the estimation of the value of the taxable property of the corporation. - Am. 1915, Act 41. (214) $ 8295. SEC. 8. Such corporation, whenever re- quired by the attorney general or the legislature, shall make and exhibit a full statement of its affairs, under the oath of one or more of its trustees; and for any neglect so to report when required, each one of its officers, and all of the trus- tees, so neglecting, shall be liable to a penalty of fifty dollars each, to be recovered by action of debt, in the name of the people of the state of Michigan: Provided, That said cor- poration may report to the legislature each and every year after the establishment of such asylum or other institution, should they desire so to do. (215) $ 8296. SEC. 9. The articles of incorporation of any corporation organized under this act may be amended at any INSANE AND FEEBLE-MINDED. 91 s regular or special meeting of the board of trustees thereof when there shall be present two-thirds of all the trustees, by a majority vote of those trustees present at such meeting. The president and secretary of the board of trustees shall file a copy of all amendments made pursuant to the provisions of this section, certified by them, with the secretary of state, and cause a duplicate copy thereof to be recorded in the clerk’s office of the county in which the office of such corpora- tion may be located. Am. 1915, Act 257. PART III—REGULATION. UNIFORM REGULATION OF GERTAIN INSTITUTIONS. An Act to provide for the uniform regulation of certain state insti- tutions, and to repeal section seven of act number one hundred and forty-eight of the session laws of eighteen hundred and seventy- three, act one hundred and sixty-two of the Session laws of eighteen hundred and seventy-three, act number thirty-one of the session laws of eighteen hundred and seventy-five, section seventeen of act num- ber two hundred and thirteen of the session laws of eighteen hun- dred and seventy-five, section seventeen of act number one hundred and seventy-six, of the session laws of eighteen hundred and seventy- seven, section sixteen of act number one hundred and thirty-three, of the session laws of eighteen hundred and seventy-nine, section twenty of act number two hundred and fifty of the session laws of eighteen hundred and seventy-nine, and all acts or parts of acts Gontravening the provisions of this act. | Act 206, P. A. 1881.] The People of the State of Michigan enact: (216) S 2223. SECTION 1. That all educational, charita- ble, reformatory, and penal institutions, supported wholly or in part by the state, shall be known as state institutions. (217) S 2224. SEC. 2. The board of each state institu- tion shall, by the first day of November preceding the regular sessions of the legislature, make out and present to the gov- ernor a detailed statement of the operations of the institu- tions for the two fiscal years closing on the thirtieth day of the preceding September, which shall include the report of the superintendent, warden, or other proper chief officer, for the same period, and a report of the treasurer of all State institutions. Report to governor. receipts and disbursements made during the same period, which report shall be furnished the state printer for publi- cation by the first day of November of the year when made. That such reports shall show at the time of making the same, in detail, the number and names of the various pro- 92 • LAWS RELATING TO THE fessors, superintendents, officials, and all other regular em- ployes, and the wages or salary paid to each, and what, if Report to sup- any, other emoluments are allowed, and to whom. The boards erintendent of public in- struction. of each state institution, which is essentially educational in character, shall also annually, before the first day of No- vember, make out and present to the superintendent of pub- lic instruction a manuscript report showing: First, The condition of the educational interests of the institution; - Second, The number and names of the various professors, tutors, and instructors; § Third, The number of students or pupils in the several de- partments, and in the different classes; - Fourth, The courses of study pursued, and the books of instruction used; Fifth, Such other information and suggestions as said board may deem important, or the superintendent of public Inventory, how made, etc. instruction may request, to embody in his annual report. (218) $ 2225. SEC. 3. That the board of each state in- stitution shall cause a full and accurate inventory, in dupli- cate, to be taken at the close of its fiscal year next preceding the regular biennial session of the legislature, by the officer Of appraise- ment. ProViso. Record of receipts and expenditures, how kept, etc. in charge, which shall specify the number of acres of land and the value thereof, the number, kind and value of build- ings, the various kinds of personal property and value there- of, which inventory shall be signed by the officers making the same, and certified as being correct by the board for which it is made, one copy of which shall be made in a proper record book to be kept for that purpose in the institution, the other shall be filed in the office of the auditor general on or before the first day of November following. Any board of any state institution may, in its discretion, cause such property to be appraised on oath by two disinterested and competent appraisers to be appointed for that purpose by the board, and a summary of each inventory made shall be published in the report of the institution of that year and a sufficient number of copies furnished the secretary of state in the following December for each member of the legislature: Provided further, That each state institution shall file with the auditor general in the month of July, eighteen hundred ninety-one, a complete inventory as herein described. (219) S 2226. SEC. 4. Every educational, charitable, penal and reformatory institution, boards or commission disbursing public money shall, in proper books for that pur- pose, keep a regular account of all moneys received and disbursed, and the receipts from and expenditures for and on account of each department of business, or for the con- struction of buildings or improvement of the premises; and in those institutions where farming and gardening opera- tions are carried on the accounts shall be so kept as to show, INSANE AND FEEBLE-MINDED. 93 as near as practicable, the cost of carrying on the farm or garden and the quantity and value of the productions of the same, with the cost of live stock raised or fattened for the use of the institution, and the quantity and value thereof; and where manufacturing operations are carried on the cost and result of each separate branch of manufacture, and the quality and value of all manufactured articles sold or used in the institution, so as to clearly exhibit the receipts and expenditures in each department of business carried on in the institution, and the cost of educating and maintain- ing each student or inmate therein. The accounts of receipts and disbursements in all state institutions shall be rendered monthly to the auditor general on blanks to be furnished by him, and shall conform as near as may be practicable to a uniform system. To accomplish this result the auditor gen- eral, by himself, his deputy or general accountant, may visit any institution at any time, examine the books, papers and accounts of any institution, prescribe such methods of bookkeeping as he shall deem proper for said institutions and make such a classification of receipts and expenditures as shall be the same, for similar institutions: Provided fur- ther, That in making such a classification of accounts he shall notify the board of each institution affected thereby that a meeting will be held in Lansing, Michigan, on some day in June, eighteen hundred ninety-one, to be designated by him, at which meeting each institution may send one dele- gate, which, together with the auditor general and general accountant, shall determine by a majority vote of those pres- ent the classification to be used, which classification shall be adopted by all institutions designated by the auditor general, on and after June thirtieth, eighteen hundred ninety- One. (220) S 2227. SEC. 5. Every officer, board, commission or agent disbursing public funds shall make an annual set- tlement with the state within thirty days after the close of each fiscal year, and at such other times as the governor shall direct. Such settlement shall be made with the audi- tor general, upon a sworn statement, setting forth the amount on hand at the commencement of each fiscal year; also the amount received or disbursed during the period covered thereby, and the amount on hand at the close of each year. Upon the presentation of such statement, the auditor gen- eral shall make an examination thereof, and if found correct, so signify by indorsement across the face of the statement. A copy of such report shall be published as a part of the annual report of such disbursing officer and of the auditor general, and said statement, so indorsed, together with all papers presented by such officer, shall be returned to him for safe keeping and remain on file in his office. Monthly account, etc. Auditor general may eXa,Inline books, etc. Proviso. Annual settle- ment, etc. With whom made, etc. Auditor general to examine and indorse. Copy to be published. ~ 94. LAWS RELATING TO THE Board to (221) S 2228. SEC. 6. The boards of state institutions jº" shall, in their biennial reports, recommend what amounts, tions needed. Certain recommenda- tions, where submitted. its opinion thereon. When to be accompanied by plans, etc. Details, etc. What report to show, etc. Board to visit such institutions, etc. Plans for State buildings, Where submitted. in their opinion, are needed for the next two years for ordi- nary current expenses and for special purposes by the in- stitution so reporting, with the reasons for such recommenda- tions, that the boards of charitable, penal and reformatory institutions before determining on such proposed recom: mendations, shall, as nearly as practicable after the close of the fiscal year and before the first day of September preced- ing the regular biennial session of the legislature, submit the same in writing to the board of corrections and charities for Such recommendations so submitted shall give the items in detail of all expenses that are contem- plated and that go to make up the aggregate of the appro- priations asked for by the several institutions respectively. If the appropriation asked for is for buildings, such report shall be accompanied by plans showing as near as may be the ground measurements, the number of stories, the height of each, the style of architecture, and shall state the kind and amount of material intended, and the cost of each kind and cost of labor. For all other special appropriations, such de- tails of the amount and character of the work and improve- ment, amount and cost of materials and labor as will enable a correct opinion to be formed of the propriety of the im- provement asked, and the amount of money necessary for the same. If the appropriation is for current expenses, such report shall show the number of officers and employes, with the salary paid each and the aggregate thereof; the average number of inmates for the previous biennial period, with the per capita of the cost to the state for the same, and the estimated per capita cost for the period for which such pro- posed appropriation is to be made. In the case of such in- stitutions having educational departments, the number of teachers employed, together with the salary paid for each, with the cost per capita for teachers' wages, and in like manner explaining particularly all appropriations asked for by these institutions respectively. The board of corrections and chari- ties shall visit such state institutions in the month of July, August or September of the year when such report is made and investigate the condition and needs of the same, con- sider the proposed appropriations and shall make a speedy report in writing to the board of the institution examined, giving its opinion of the proposed appropriations, and the board of such institution shall, in its biennial report, show to what extent, in the opinion of said board of corrections and charities, such appropriations should be made. - (222) S 2229. SEC. 7. That before the board of any charitable, penal, educational or reformatory institution shall determine on the plan of any building, or on any sys- tem of sewerage, ventilation or heating, which has been au- INSANE AND FEEBLE-MINDED. 95 e thorized by the legislature to be constructed, such plan shall be submitted to the board of corrections and charities and the state board of health for examination and opinion there- on ; and the board so submitting such plan shall, in its bien- nial report, show to what extent it was approved by the boards so examining them. And no money shall be paid out of the state treasury for the execution of any such plan or fi system until the board of corrections and charities shall file with the auditor general a written opinion that the pro- posed plan is of such character that the construction may be fully completed in accordance there with at an expense within the amount appropriated therefor. That it shall be the duty of said state boards to visit said penal, educational, charitable and reformatory institutions when necessary to make the examination herein required, and their expenses necessarily incurred shall be audited by the board of state auditors and paid from the general fund. Sec. 8 was repealed by Act 142, P. A. 1899. UNIFORM ACCOUNTING SYSTEM. An Act to provide for formulating and establishing a uniform System of accounting and reporting in the several departments of the state government, including state institutions and boards, and in all county offices charged with the keeping of accounts throughout the state, under the supervision of the auditor general; to provide for the examination of the books and accounts of the several state de- partments including state institutions and boards and county Officers charged with the keeping of accounts, and to further provide for annual reports showing all receipts and expenditures of the several state departments, state institutions and boards and county offices, and for the tabulation and publication of comparative statistics of the receipts and expenditures of said state departments, state in- stitutions and boards and county offices, and to repeal all acts and parts of acts contravening any of the provisions of this act. [Act 183, P. A. 1911.] The People of the State of Michigan enact: (223) SECTION 1. It shall be the duty of the auditor gen- eral, as soon thereafter as may be after the taking effect of this act, to formulate and prescribe a uniform system of bookkeeping and accounting in the several departments of the state government, including state institutions and boards and county treasurers, or such other county officers as are charged with the keeping of accounts. (224) SEC. 2. Said accounts shall show all sources of in- come, the amounts due and received from each source, and all receipts, vouchers and other documents required to be Opinion of boards, where led. State boards to visit state institutions. Uniform accounting System. Accounts, how kept, etc. 96 LAWS RELATING TO THE Examination of methods by auditor general. Examinations. When made. Authority to issue subpoenas. Report of examinations. Nonfeasance, etc. Removal. kept which may be necessary to prove the validity of every transaction pertaining to the administration of the affairs of said state departments, state institutions and boards and county officers. Separate accounts shall be kept for every appropriation made to or received by said state departments, state institutions and boards and county officers, and shall show the date and manner of each payment made out of the funds provided by such appropriation, the name and address of the person or association of persons to whom paid and for What purpose paid. - - (225) SEC. 3. In order to facilitate the establishment of Such uniform system of accounting, it shall be the duty of the auditor general to make a thorough study and examina- tion of the methods now employed in the several state depart- ments, state institutions and boards and county offices in re- Spect to the keeping of books and accounts, and for that pur- pose all state and county officers, heads of departments and institutions and all clerks in the employ thereof shall afford access to all books, papers, accounts and transactions, rela- tive to the keeping of accounts of such departments, state in- stitutions and boards and county offices. (226) SEC. 4. After such uniform system of accounting has been formulated and established it shall be the duty of the auditor general to make or cause to be made a thorough examination of the business and financial affairs of each state department, state institution and board and of each county officer charged with the keeping of accounts. Such examination shall be made at least once in each year, or as often as in the judgment of the auditor general it shall be for the public good. Said auditor general and every person duly appointed by him to install said uniform system of ac- counting and make the examinations herein provided shall have and may exercise all the authority to issue subpoenas and compulsory process and to direct the service thereof by any police officer to compel the attendance of witnesses and the production of books and papers before him at any time and place; to administer oaths and to punish for disobedience of subpoenas or refusal to be sworn or to answer as a wit: ness, or to produce books and other documents which now confer upon courts or officers authorized to take depositions. A report of each examination shall be made in duplicate, One copy to be filed with the governor and one in the office of the auditor general. If any such examination discloses mal- feasance, misfeasance or non-feasance in office on the part of any officer or employe of any state department, state insti- tution or board, or on the part of any officer or employe of any county office charged with the keeping of accounts, an additional copy of such report shall be filed with the attorney general, whose duty it shall be to proceed in the matter as provided by law. Refusal or neglect to do so on the part of * INSANE AND FEEBLE-MINDED. 97 the attorney general or the prosecuting attorney of any county in the state when so directed by the attorney general shall be sufficient cause for their removal from office by the governor. (227) SEC. 5. Each department of the state govern- Annual ment including state institutions and boards and county offi. "Po" cers charged with the keeping of accounts shall make an an- nual report in accordance with forms and methods prescribed by the auditor general, and shall show in detail for each fiscal year ending June thirty, receipts from all sources and their disposition, all accounts due and uncollected, all ex- penditures for every purpose and by what authority author. ized and the balance of funds on hand. Said report shall be in duplicate, one copy of which shall, not later than August first of each fiscal year, be filed with the governor and one in the office of the auditor general. (228) SEC. 6. The substance of the reports required to be Auditor filed under the provisions of this act shall be arranged by the ; to auditor general in such form as shall exhibit the indebted- Statement. ness, receipts from various sources of revenue and the cost of the several branches of government, which shall be pub- lished in an annual statement of comparative statistics as a public document, and shall be transmitted by the auditor general to the legislature at each regular session. Copies of such report shall be furnished to each state department, state institution and board and each county officer charged with the keeping of accounts. - - (229) SEC. 7. For the purpose of conducting the exami. Blanks for nations of the state departments, state institutions and ** boards and county offices, the auditor general is hereby em- powered to prepare the forms and blanks for reports and books required by the provisions of this act and he shall di- - rect the installing of the uniform system of keeping and ex- amining of said accounts. The auditor general shall appoint Assistants. such assistant accountants and examiners as may be neces- sary to prepare said forms and blanks for reports and books, and the installing of said uniform system of accounting by state departments, state institutions and boards and county officers charged with the keeping of accounts, and perform such duties as may be required or prescribed by the auditor general. Said accountants and examiners shall receive such Compensa- compensation as shall be allowed by the board of state audi º"' * tors after approval by the auditor general, not exceeding two thousand dollars per annum for each of said account- ants or examiners, and in addition to said compensation, they shall each receive their necessary traveling expenses. The auditing of accounts of all state departments, state in- stitutions and boards and county officers charged with the keeping of accounts shall be under the direct supervision of the auditor general, his deputy or general accountant and 13 98 LAWS RELATING TO THE Expenses, how paid. Exception. Auditor general to keep accounts. Proviso. they shall each be allowed their necessary traveling expenses while engaged in the performance of their duties under the provisions of this act. All books and records necessary for the keeping of county accounts shall be purchased and paid for by the county. - - (230) SEC. S. The expenses incurred in the installing of the uniform system of accounting for state departments, state institutions and boards and county officers charged with the keeping of accounts, together with the cost of tabulating and publishing reports and all other office expenses shall be a charge against the state to be paid out of the general fund from any money not otherwise appropriated. (231) SEC. 9. The provisions of this act shall not apply to any county, except where such county, by its board of supervisors or board of county auditors, in counties having a board of county auditors, adopt a resolution requesting that such uniform system of accounting and auditing be estab- lished in such county. - See 10 repeals all acts or parts of acts contravening the provisions of this a Ct. - ACCOUNTS BY FHSCAL YEARS. An Act to repeal section eight of act number two hundred six of the laws of eighteen hundred eight-one, entitled “An act to provide for the uniform regulation of certain state institutions,” and amend- ments thereto, being section two thousand two hundred thirty of the compiled laws of eighteen hundred ninety-seven, and to provide for a change from the calendar to the fiscal year for all limited and standing appropriations where the specific act of appropriation does not so provide. [Act 142, P. A. 1899.] The People of the State of Michigan enact: ºšection 1 repeals section 8 of Act No. 206, P. A. 1881, sec. 2230, C. L. (232) SEC. 2. The auditor general shall keep all accounts with appropriations made for any state institution or board by fiscal years, and whenever provision therefor is not con- tained in the act making the appropriation, and the tax for meeting the same is provided in the specific appropriation bill, the appropriation met by such tax levied in the legisla- tive year shall be for the period ending June thirty of the succeeding year, and the tax levied in the succeeding year shall be appropriated for the period ending June thirty following: Provided, That nothing herein contained shall affect the appropriations heretofore made for the university INSANE AND FEEBLE-MINDED. 99. of Michigan. And provided further, That nothing herein contained shall affect the provisions of section four of act number fifty-one of the laws of eighteen hundred ninety-nine. Am. 1899, (ex. sess.), Act 2. CHANG NG TERMINATION OF FISCAL YEAR. An Act to change the termination of the fiscal year of the state from , September thirtieth to June thirtieth. [Act 116, P. A. 1887. I The People of the State of Michigan enact: (233) $2.1173. SECTION 1. That the present fiscal year Fiscal year. of the state shall close June thirtieth, eighteen hundred and eighty-seven, and that thereafter the fiscal year shall com- mence July first and close June thirtieth. (234) $ 1174. SEC. 2. It shall be the duty of all officers, Institutional boards or institutions, from whom annual or biennial reports ſº "" are required, to make their seyeral reports for the fiscal period or periods defined in section one of this act: Pro- Proviso, sup- vided, That provisions of this act shall not apply to the re-jºº." ports required of the superintendents of the poor as pro- vided in section twenty-eight of act number one hundred forty eight of the session laws of eighteen hundred sixty-nine. Am. 1913, Act 283. See. 3 repeals all acts or parts of acts contravening the provisions of this a Ct. - º - ACCOUNTING OF STATE INSTITUTIONS. An Act to regulate the accounting of state institutions, boards and commissions, to provide for the examination and inspection thereof, the removal of officers therefrom, and to repeal act one hundred twenty-three public acts of eighteen hundred ninety-five and all other acts or parts of acts inconsistent with the provisions of this act. [Act 228, P. A. 1903. ] The People of the State of Michigan enact: (235) SECTION 1. That the auditor general, by himself, Auditor his deputy, general accountant or such other person or per É. " sons as he may designate, shall visit at least once in each accounting. year each of the several state institutions and the receiving -- 100 LAWS RELATING TO THE To report. irregularities to governor. Governor to investigate. Proviso as to hearing by DeTSOrl removed. Powers of auditor general relative to inspection. -- º - and disbursing officer of every board and commission re- quired to file vouchers in the auditor general’s department, showing the receipts and disbursements of public money, and thoroughly examine and inspect the books and accounts thereof for the purpose of ascertaining if such books and ac- counts are accurately and properly kept, and to ascertain if the moneys received and disbursed are correctly and prop- erly stated in the accounts of such institution, board or com- mission. (236) SEC. 2. In case the auditor general, by himself, his deputy, general accountant or such other person or persons as he shall designate, shall find any irregularity or irregu- larities in the accounting of any state institution, or by any officer receiving or disbursing moneys on account of the state of Michigan, or shall find that the funds of any state institution or in the custody of any receiving, disbursing or accounting officer have been or are being used for any pur- pose other than that for which they have been appropriated or received, the auditor general shall immediately report the facts in the case in writing to the governor. - (237) SEC. 3. Upon receiving such report from the audi- tor general the governor shall immediately, or as soon there: after as may be practicable, proceed in such manner as he may deem proper to make inquiry and investigation for the purpose of verifying the statements made in such report of the auditor general, and if satisfied that the statements and representations made by such auditor general are true and of a character to warrant such action on his part, or if he shall find that any receiving or disbursing officer or custodian of funds of any state institution, board or commission is negligent or incompetent, he may in his discretion suspend or remove from office the person or officer offending or who is responsible for the custody and keeping of such funds: Provided, however, That in cases of removal the officer or per- son offending shall have a hearing before the governor upon written charges preferred by the governor or other person or persons, and shall be given ten days' time after service of such charges in which to prepare and present an answer to the governor, but such officer shall be and remain sus- pended pending such proceedings. - (238) SEC. 4. The auditor general, by himself, his deputy, general accountant or such other person or persons as he shall designate, shall at all times have access to the books and accounts of each and every state institution or in the hands of any officer or person receiving or disbursing money on account of the state, and shall direct and instruct as to the manner of keeping the books and accounts therein so that the workings and transactions of each and every department of such institution shall be clearly shown and exhibited to his satisfaction; and upon receiving such direction and in- INSANE AND FEEBLE-MINDED. 101 struction from said auditor general, his deputy, general ac- countant or such other person or persons as he shall desig- nate, the officer responsible for the accounting in such in- stitution or for the custody of the moneys or funds received or disbursed on account of the state of Michigan shall im- mediately proceed to inaugurate such system of bookkeep- ing as the auditor general may direct or prescribe. (239) SEC. 5. The governor may at any time order a special investigation to be made by the auditor general and require a report thereof to be made to him in Writing of the condition of the accounts or funds of any state institution or officer receiving or disbursing moneys on account of the state: Provided, That the special investigation made may be made at any time under direction and authority of the auditor general either upon his own motion or at the request of the governing board of any state institution, and the audi- tor general may employ such assistance in making such in- vestigations or in examining the books and accounts of any state institution or officer receiving or disbursing moneys on account of the state, as may to him appear necessary for the prompt and proper performance of the work; and pay- ment for any special examination of the accounts of any in- stitution, board or commission shall be made only where such examination has been conducted under the provisions of this act and in such case from the funds and in the man- ner prescribed by the provisions of this act. (240) SEC. 6. The auditor general shall make to the governor quarterly, and as much oftener as the governor may require, a statement of the receipts and disbursements of money by each and every state institution or officer re- ceiving or disbursing moneys on account of the state. (241) SEC. 7. All expenses incurred by the auditor gen- eral, his deputy, general accountant or such other person or persons whom he shall designate in carrying out the pro- Governor may order Special in- vestigation. Proviso. Auditor general to make quarterly Statement. Expenses, how paid. visions of this act, shall be paid out of the general fund of the state from any moneys not otherwise appropriated, upon vouchers duly verified and allowed by the board of state auditors. - - Sec. 8 repeals act, one hundred twenty-three, public acts of eighteen, hun- dred ninety-five, and all other acts or parts of acts inconsistent with the provisions of this act. - - 102 LAws RELATING TO THE 2 Certain officers to account to auditor general. Duplicate vouchers. Receipts, to whom delivered. Abstracts, what to contain. Vouchers to be numbered, compared, etc. By whom signed. Certificate, form of. - - : i : or by members of the board of control ACCOUNTING OF Rigor: EY'S RECEIVED AND EXPENDED. . An Act relating to the accounting for money received and expended by certain officers. [Act 148, S. L. 1873. ] The People of the State of Michigan enact: (242) $ 1205. SECTION 1. That every officer receiving or disbursing money for the state, for or on account of any building or work for the state, or for the maintenance, use, or benefit of any state educational, charitable, reformatory, or penal or other institution, or under any act of appropria- tion or other law of this state, for any purpose whatsoever, shall render to the auditor general an account of all the receipts, whether from the state treasurer or other source , or sources; and all disbursements shall be accounted for in the manner hereinafter provided. (243) $ 1206. SEC. 2. Every such officer shall take vouchers in duplicate for all money disbursed, one of which duplicate vouchers shall be forwarded to the auditor general as hereinafter directed; and for all money that shall come into his hands, except from the state treasury for which he shall receipt as may be now provided by law, he shall issue triplicate receipts, one of which shall be delivered to the person from whom such money is received and one shall be forwarded to the auditor general at the same time and in the same manner as is provided in the case of vouchers for money expended; and such vouchers and receipts shall be accompanied by abstracts, under oath, of receipts and ex- penditures during the period covered thereby, and also by an account current setting forth the amount on hand at the commencement of such period, the amount received during and the amount on hand at the close. Such abstract shall contain a statement of each and every voucher. The vouch- ers shall be numbered consecutively and a corresponding number given the statement of such voucher in said ab- stract. Said vouchers shall be carefully compared and checked with the abstract by an auditing committee or governing board of said institution. The voucher which is to be transmitted to the auditor general shall be signed or initialed by one member of the auditing committee, board of control or governing board making such comparison. Such abstract shall contain a certificate in the following form : 19. . . . We hereby certify that the vouchers abstracted herein, numbered to inclusive, with dates, - - - - - - - - - - - - - - - - - - - INSANE AND FEEBLE-MINDED. 103 names and amounts agreeing with this abstract, aggregating 5. . . . . . . . . . , have been carefully examined and checked by a committee of this board and one of the duplicate vouchers personally signed or initialed by a member of such examining committee; that the several items charged in said vouchers are correct to the best of our knowledge and belief, and we hereby approve each of said vouchers. Said certificate shall he signed by the members of the board of control or governing board in attendance at the meeting at which said audit was made, or a sufficient num- ber thereof to represent a quorum. Am. 1909, Act 115. (244) S 1207. SEC. 3. Such account, current, abstract, vouch- ers, and receipts, when received by the auditor general, shall be examined by him, and if found correct shall be so indorsed by him ; and all vouchers for expenditures, so far as the amount thereof shall appear to be for lawful purposes, he shall audit, and the date of audit, and the amount thereof shall be indorsed across the back of such voucher. And when so examined, indorsed, or audited, shall be retained and filed in the office of the auditor general. (245) $ 1208. SEC. 4. The auditor general shall prescribe the form and cause to be printed, and shall furnish at the expense of the state, all blanks for receipts, vouchers, and ac- counts current made necessary for use by this act; and he shall keep an account with every officer of all receipts or dis- bursements as set forth or covered thereby: Provided, That all vouchers for expenditures and all receipts shall set forth By whom signed. Vouchers, etc., ex- amined, etc., by auditor general. Auditor . general to furnish blanks for receipts, etc. -- Proviso. each and every item for which any disbursements were made or for which any money was received. - (246) SEC. 4a. Before the steward or purchasing agent of any institution described in this act shall purchase for the institution by which he is employed any food supplies in the nature of delicacies and luxuries, other than staple, nec- essary articles, he shall submit a list of such delicacies and luxuries and the amount thereof desired, to the board of control or governing board of such institution, and such delicacies and luxuries, together with all furniture and fur- nishings for the administration building, or residence of the Warden or superintendent, and the cost thereof shall be au- thorized by a majority vote of said board of control or gov- erning board before the same shall be purchased. The audi- tor general is hereby directed to refuse to audit any bill for articles authorized as herein above required, unless the voucher for payment of same submitted to him shall be ac- companied by a certified copy of the resolution of the board of control or governing board authorizing such purchase. Delicacies and luxuries as defined for the purposes of this act shall be construed to mean all wines and liquors, pop, Luxuries, list to whom Submitted. Purchase, by whom authorized. Auditor general, duty of. Luxuries defined. 104 LAWS RELATING TO THE Money appropriated for State institutions; how drawn. Proviso as to amounts. ginger ale, cigars, tobacco and cigarettes, chewing gum, con- fectionery, cut flowers, chickens known as broilers, squabs, pigeons and all fresh fruits out of season. Added 1909, Act 115. (247) $ 1209. SEC. 5. Money appropriated by any act of the legislature for the use or benefit of any state educa- tional, charitable, reformatory or penal institution, or to be disbursed by any officer, may be drawn from the state treas. ury upon the warrant of the auditor general, as follows, viz.: Under appropriations for current expenses monthly for pro rata amounts: Provided, That all educational and other institutions having annual vacations may draw from the state treasury monthly for equal tenths of the annual appropriation, in such months as will best suit the require- ments of each of this class of institutions; and under appro- When auditor general not to issue warrant for In Oney. Proviso as to construction of certain terms. priations for purposes other than current expenses, at such intervals and for such amounts as may best meet the pur- poses of such appropriations; but at no time shall an amount be in excess of the amount necessary for the current month, as shown by the requisition of the proper officer or board, to be made in writing and under oath; and the auditor gen- eral is hereby prohibited from drawing his warrant until itemized vouchers, showing quantities, prices per unit and totals for all material, labor or services covered by the dis- bursements of money previously drawn, for either current ex- penses or building and special purposes, whether the money thus disbursed be received from the state treasury or from some other source or sources, shall be presented, examined and audited as provided in section three of this act: Pro- vided, however, That the words “covered by the disburse- ments of money previously drawn” shall be so construed as to leave a reasonable working balance in disbursing offi- Current ex- pense money used when. cers' hands for immediate use. Money applicable to current expense for any specified year, whether from direct appro- priation or from other sources, can be used only for the ex- penses of the year specified in the appropriation act, or the year in which receipts from the said “other sources” become available. All current expense disbursements made after the close of the appropriation year from funds of the preced- ing year must be accompanied by a statement under oath from the proper officer or board that they were for expenses incurred for the preceding appropriation year. Current ex- pense money for the preceding appropriation year in the hands of any disbursing officer, or board, of any of the state institutions, or boards, on December fifteenth, of any year, shall be immediately forwarded to the state treasurer, and the same shall be covered into the state treasury upon the books of the auditor general, as provided in section three INSANE AND FEEBLE-MINDED. 105 hundred sixty-one Howell’s annotated statutes. The general Distinction distinction between appropriations for “current expenses” ºunds. and for “purposes other than current expenses” as used in this section shall be understood to be that disbursements under the head of “purposes other than current expenses” are limited to the exact amounts and purposes specified in the act of appropriation; while the purposes for which dis- bursements under the head of “current expenses” may be made, are determined by estimates of the several officers, or boards, upon which said appropriations were based; and for this purpose the several officers, or boards, shall file with the auditor general a copy of such estimate: Provided, Proviso. That when appropriations are made for current expenses, or general purposes, where no itemized estimates were furnished as a basis therefor, then the class of disbursements shall be determined by the officer or board of the institution making them, and if the same shall appear to the auditor general to be within the range of reasonable purposes he shall approve the account. The provisions of this section shall become When operative July first, eighteen hundred and ninety-seven, and ..."” the auditor general shall notify the several institutions or 9Pe"Yº boards of such modifications of past methods as are neces- sary to meet its requirements, in time to have the account- ing for the fiscal year commencing July first, eighteen hun- dred and ninety-seven, conform thereto: Provided, Noth- Proviso as to ing in this section shall be construed as prohibiting the tº"" completion of buildings or other special improvements, un- * der contract at the time this act shall take effect, in accord- ance with the methods of accounting adopted in the several instances. - Am. 1899, Act 148. (248) $ 1210. SEC. 6. The term “officer,” as used in this Meaning of - - • * * the term act, shall be construed to include all commissioners, boards "officer.” of commissioners, trustees, boards of trustees, inspectors, boards of inspectors, regents, boards of regents, agents, or other person or board of whatever denomination or character, receiving or disbursing money for the state, for Or on account of any building or work for the state, or for the maintenance, or for the use or benefit of any state edu- cational, charitable, reformatory, or penal, or other institu- tion or organization, or for or on account of any purpose Whatsoever, under any act of appropriation or other law of this state. - Sec. 7, relating to inventories, was repealed by act 206 of 1881. (249) $ 1211. SEC. 8. The duplicate of the vouchers for Officer to expenditures and one of the receipts made shall be retained ğate by the officer making expenditures or receiving the money ſº covered thereby; and on or before the last day of the fiscal receipts. 106 LAWS RELATING TO THE To appear before board of state auditors. Settlement with board, etc. Incorporation of charitable institutions. year of the state treasury, and at such other times as the governor shall direct, such officer shall appear before the board of state auditors, with the vouchers and receipts prop- erly abstracted and arranged, and accompanied by an ac- count current setting forth the amount on hand at the com- mencement of such fiscal year; also the amount received or disbursed during the period covered thereby, and the amount on hand at the close thereof. Upon the presentation of such vouchers, receipts, abstracts, and accounts current, the board of state auditors shall, after an examination there- of, make a settlement with each officer designated by this act, and a full statement of such settlement shall be incorporated With and published as a part of the annual report made by such officers; and an abstract of such settlement shall be published as a part of the proceedings of the board of state auditors. Such settlement shall be indorsed upon the ab- stract by the chairman of the board, and said abstract so indorsed shall, together with all papers presented by such officer, be returned to him for safe keeping and remain on file in his office. Sec. 9 repeals “all acts and parts of acts, so far as they contravene the provisions of this act.” BOARDS OF CONTROL OF HOSPITALS, ASYLUMS, ETC. An Act to provide for the incorporation of boards of control of hospi- tals, asylums, homes for the care of indigent, aged or infirm persons, or other charitable institutions. [Act 308, P. A. 1907.] The People of the State of Michigan enact: (250) SECTION 1. Whenever there shall exist any hospital, asylum, home for the care of indigent, aged or infirm per- Sons, or any other charitable institution in this state, the legal title to which and the land used in connection there- with has been conveyed to one or more persons in trust, for charitable purposes, and the care and management of which institution is entrusted to a board of control consisting of five or more persons, appointed from one or more charitable, religious or fraternal bodies, in pursuance of the provisions contained in the deed conveying the legal title of such in- stitution and land to such trustees, such board of control may become incorporated by executing under their hands and acknowledging before some person in this state authorized to take the acknowledgment of deeds, duplicate articles of in- corporation, one of which shall be filed in the office of the INSANE AND FEEBLEMINDED. 107 Secretary of state, and one of which shall be recorded in the clerk’s office of the county in which the office of such cor- poration may be located, and upon the execution and acknowledgment of such articles, the signers thereof shall' become and be a body politic and corporate, for the objects and purposes set forth in said articles, and may sue and be sued, adopt a common seal and change the same, and may exercise all the powers and shall be subject to all the re- sponsibilities conferred and imposed by this act. (251) SEC. 2. Said articles of incorporation shall contain Articles of, and declare: - * to con- First, The name of the corporation, the place where its Name and office for the transaction of its business is located, and the P", city, town or county in which such hospital, asylum, home for the care of indigent, aged or infirm persons, or other charitable institution is located and the period for which it is incorporated, not exceeding thirty years; Second, The objects of said corporation, which shall be object. stated with all convenient fullness and certainty; Third, The names of the members of the board of control Names of incorporating in the first instance, their places of residence, ..."; " and the charitable, religious or fraternal body or bodies from control, etc. which they were appointed respectively; - Fourth, The total number of persons composing said Number of board of control; members. Fifth, The regular offices of said corporation, to be filled Elective by election; - offices. Sixth, The terms and conditions of membership therein. Terms of . (252) SEC. 3. The persons forming such corporation shall º - have power to adopt by-laws and to provide by such by-laws control, for the officers of the corporation and their election, also the "" time and place of holding its annual meetings, and may make such other provisions in the by-laws as they may deem expedient for the proper control of said corporation; such by-laws may also provide how the same may be altered and amended. (253) SEC. 4. Such corporation may receive gifts and Gifts of bequests of money for the benefit of the hospital, asylum, #º hºw home for the care of indigent, aged or infirm persons, or other charitable institution which it has in its charge, and invest the same in its corporate name in such securities as it may deem prudent, unless the class of securities in which such money is to be invested is specified in the gift or bequest of the same, in which case it shall be invested in the class of securities specified in such gift or bequest. It may also re- Gifts of real ceive gifts and devises of real estate and personal property “"“” for like purposes, and shall have power to sell such real estate and personal property as shall be given to it, and in- Proceeds from vest the proceeds thereof in the same manner as is provided iº.” in this act for the investment of gifts and bequests of money 108 LAWS RELATING TO THE Corporate existence, how may be extended. Appointment. Name of board. Term of office. Governor ex officio member. Vacancies. Removals. - whenever, in the judgment of the proper officers or committee or committees of such corporation it may be deemed beneficial to such institution. (254) SEC. 5. Any corporation organized under the pro- visions of this act, whose corporate existence is about to ex- pire by limitation, may extend its corporate existence for a term not exceeding thirty years, by filing with the secretary of state and county clerk of the county where such corpora- tion is located, duly attested copies of a resolution adopted by such corporation at a meeting of its members, called in accordance with the provisions of its by-laws, expressing a desire to so extend its corporate existence, and upon the filing of such resolution as above specified, the corporate ex- istence of such body shall be extended in accordance with the provisions of such resolution, for a period of not exceed- ing thirty years from the date of the expiration of its former term, and all rights of property and of contract shall remain unimpaired and the corporate identity of such corporation remain unchanged. APPOINTING BOARD OF COMMISSIONERS OF CERTAIN INSTITUTIONS. An Act to provide for the appointment of a board of commissioners for the general Supervision of penal, pauper, and reformatory insti- tutions and defining their duties and powers. [Act 192, S. L. 1871. I The People of the State of Michigan enact: (225) $ 2250. SECTION 1. That the governor, with the advice and consent of the senate, shall appoint four suitable persons, residents of the state, to be called and known as “the board of state commissioners for the general supervision of charitable, penal, pauper, and reformatory institutions,” who shall hold their office respectively for the period of two, four, six, and eight years, as indicated by the governor in making the appointments; and all appointments thereafter made, except to fill vacancies, shall be for the period of eight years. The governor shall be ex-officio, a member of said board. Any vacancy occurring in said board, by reason of removal, resignation, or otherwise, shall be filled by the governor; the appointment in any case thus made to be sub- ject to ratification or rejection by the senate at the first regular session following such appointment. The governor may remove any member of said board for misfeasance or malfeasance in office. INSANE AND ITEEBLE-MINDED. 109 (256) $ 2251. SEC. 2. Before entering upon the discharge of their duties, each of the said commissioners shall take and subscribe before the secretary of state, who shall file the same in his office, the constitutional oath of office. The said commissioners shall have power to appoint a secretary, not of their number, whose duties they may prescribe and whose salary they may establish and determine. (257) $ 2252. SEC. 3. The said commissioners by one of their number, or by their secretary, shall, at least once in each year, visit and examine into the condition of each and every county infirmary, county jail, and place of detention for juveniles, and shall have authority to inspect each and every city and village jail, police station or lock-up, and pri- vate incorporated institution for the care and maintenance of the aged or defective. The said board, or a majority there- of, with their secretary, shall, at least once in each year, visit and examine every state penal, reformatory, charitable and eleemosynary institution, and the Detroit house of cor- rection, and the Wayne county asylum, for the purpose of ascertaining the actual conditions of the institutions by them visited, the method of instruction, government, or man- agement therein pursued, the official conduct of the super- intendents or other officers and employes in charge thereof, or connected therewith, the condition of the buildings, grounds, or other property thereunto belonging, and the facts as to all other matters in any manner pertaining to the usefulness and proper management of the said institu- tions. The commissioners and their secretary shall have free access to all institutions or places herein named at any and allºtimes, and shall have authority to administer oaths and examine any person or persons in any way connected with or having knowledge of the conditions, management and discipline of such institutions or places, as to any matters or inquiries not contrary to the purposes or provisions of this act. Whenever, in the opinion of said board, any county. jail, county infirmary, detention place for juveniles, city or Village jail, police station or lock-up, or any private incor- porated institution for the care and maintenance of the aged or defective, or any part, division, or department thereof becomes insanitary or is dangerous to the life or the health of the inmates thereof, or is so constructed as not to hold them securely, or as not to permit of proper classifica- tion or separation of inmates, or is inadequate, it shall be their duty to notify the proper authorities in the premises, by filing a written notice with the county clerk in the case of a county jail, county infirmary or detention place for juveniles, with the city clerk in the case of a city jail or police station, with the village clerk in the case of a village jail or lock-up, and with any officer of a private incorpor- Oath of office. Secretary. To examine county jails, etc. City and village jails, etc. State in- stitutions. Right of a CCeSS. When found insanitary, etc. Notice given. ated institution for the care and maintenance of the aged 110 LAWS RELATING TO THE What to state, or defective. Such notice shall state the findings of said board and its opinion as to whether the conditions stated can be remedied by renovation or repair, or whether a new building or department should be provided, and shall also fix a time not less than sixty days, nor more than one year from the date of filing thereof within which the conditions When may set forth in said notice must be remedied. If within the time * fixed in said notice, said building, division or department, is not properly repaired or renovated, or new and suitable - º quarters provided for the inmates thereof, said board shall condemn such county jail, county infirmary, detention place for juveniles, city or village jail, police station or lock-up, or any private incorporated institution for the care and main- tenance of the aged or defective, or part, division, or depart- Order filed. ment thereof, by filing a written order with the county clerk in the case of a county jail, county infirmary, or detention place for juveniles, with the city clerk in case of a city jail or police station, with the village clerk in the case of a vil- lage jail or lock-up, and with any officer of a private incor- porated institution for the care and maintenance of the aged Clerk, duty of, or defective. It shall be the duty of the county, city or vil- lage clerk with whom such order of condemnation is filed, to file forthwith a copy of such order with the sheriff or acting sheriff in the case of a county jail; with the keeper in the case of a county infirmary; with the chief of police in the case of a city jail or police station; and with the marshal in *** * the case of a village jail or lock-up. Any county, city or - - village clerk who shall fail, refuse or neglect to perform any of the duties prescribed by this act, shall, upon con- viction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dol- lars nor more than one hundred dollars, or by imprisonment in a county jail or house of correction for a term of not less than thirty days nor more than ninety days, or both such Transfer of fine and imprisonment in the discretion of the court. After º inmates. an order of condemnation is filed as aforesaid it shall be unlawful to confine inmates in the places specified in the said order, and it shall be the duty of the officer or keeper - in charge thereof to immediately transfer all inmates therein * confined, detained or maintained to some other suitable place, and thereafter not to use such condemned place for con- Proviso, fining, detaining or maintaining inmates: Provided, That such tº: * order of condemnation shall not become effective without the approval of the governor of the state, or a justice of the Supreme court. The board may, with the consent or approval of the governor, or a justice of the supreme court, for rea- sons by it deemed sufficient, revoke any order of condemna: tion, or extend the term for complying with said order not to exceed one year, in addition to the time fixed in the Misdemeanor original order. Any sheriff or acting sheriff, chief of police, INSANE AND FEEBLE, MINDED. 111 village marshal, keeper of a county infirmary, or any officer of a private incorporated institution for the aged or defec- tive who shall continue to confine, detain or maintain any person or inmates of any of the institutions or places afore- said after the expiration of ten days from the date of service of the copy of said order upon him by the county, city or village clerk, as the case may be, or by the board of correc- tions and charities in the case of a private incorporated institution for the care and maintenance of the aged or de- fective, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in a county jail or house of correction for a term not less than thirty days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court: Provided, That each day that any sheriff, acting sheriff, chief of police, village marshal, keeper of a county infirmary, or any officer of a private incorporated institution for the aged or defective shall confine, detain or maintain Penalty. Proviso. any person or inmate in such condemned place shall con- stitute a separate and distinct offense. - Am. 1913, Act 319. (258) $ 2253. SEC. 4. The said commissioners shall re- ceive no compensation for their time or services, but the ac- tual expenses of each of them, while engaged in the perform- ance of their duties under this act, and any actual outlay for stationery, office rent, or any necessary aid or assistance in examinations or investigations, on being fully stated in account and verified by the affidavit of the commissioner or commissioners making the charge, or the affidavit of their secretary, and approved by the governor, shall be paid by the state treasurer, on the warrant of the auditor general, out of any money in the treasury not otherwise appropriated; and the secretary of said board shall be paid in like man- ner: Provided, That the entire expense of said board or com- mission, and the salary and traveling expenses of their secre- tary shall not exceed the sum of six thousand five hundred dollars per annum. Am. 1913, Act 317. (259) $ 2254. SEC. 5. No member of said board, or their secretary, shall be either directly or indirectly interested in any contract for building, repairing, or furnishing any institution, poorhouse, or jail, which by this act they are authorized to visit and inspect; nor shall any officer of such institution, jail, or poorhouse, be eligible to the office of com- missioner, hereby created. - (260) $ 2255. SEC. 6. On or before the first day of Octo- ber, in the year eighteen hundred and seventy-two, and in Compensa- tion. Expenses. How paid. Proviso, limit. Board not to be interested in contracts, etc. Biennial report. 112 LAWS RELATING TO THE Special . investigation. Examination of laws relating to institution. each second year thereafter, the said board shall report in writing, to the governor, fully, the result of their investiga- tions, together with such other information and recommenda- tions as they may deem proper, including their opinions and conclusions as to the necessity of further legislation to in- prove the condition and extend the usefulness of the various state, county, and other institutions by them visited ; and the said commissioners or either of them, shall make any special investigation into alleged abuse in any of the institutions which by this act they are authorized to visit, whenever the governor shall so direct, and report the result thereof to him at such reasonable time as he shall prescribe. And whenever any abusive treatment of those confined in any of said institutions shall come to the knowledge of said commissioners, which, in their opinion, requires immediate attention and redress, they shall forth with report the facts of such abusive treatment to the governor, with such recom- mendations for the correction of the same as they shall deem proper. - ~ (261) $ 2256. SEC. 7. And the said board, in addition to the duties above prescribed, shall make a thorough exami- nation of all the penal, criminal, or other laws of the state, relating to the penal or reformatory institutions by them to be visited, or in anywise relating to the custody and punish- ment of criminals, and the care and confinement of the county poor and pauper insane, for the purpose of a revision of such laws by the legislature, at the first regular session follow- Collection and ing the passage of this act; and to accomplish this end, said revision of laws. Secretary of State to . furnish copies. Compensation of board. Construction of this act. board shall collect together all acts and parts of acts in any manner appertaining to the control, punishment, and reforma- tion of criminals, and to the care and custody of the county poor and pauper insane, and shall report the same fully to the governor on or before November first, eighteen hundred and seventy-four, together with such revision, amendments, and suggestions for the improvement thereof as to such board shall be deemed necessary and expedient; the report thus made to be submitted to the legislature by the governor. The Secretary of state is hereby required to furnish said board With so many copies of the statutes and laws, as in the judg- ment of the governor may be required in the accomplishment of said work. And said board, for the time actually required in the discharge of the duty imposed by this section shall be entitled to demand and receive such reasonable compensa- tion as shall be approved by the governor, nor exceeding the sum of two thousand dollars, which shall be paid in the manner heretofore provided for the payment of their actual traveling and other necessary expenses. - - (262) $ 2257. SEC. S. Nothing in this act shall be con- strued as impairing the authority or interfering with the duties of the board of inspectors of the state prison and the INSANE AND FEEBLE-MINDED. 113 board of control of the reform school, or with the duties of the board of control, trustees, commissioners, or inspectors of any other charitable, penal, or reformatory institution of this state. - (263) $ 2258. SEC. 9. Whenever the governor shall deem it advisable and expedient to obtain information in respect to the condition and practicable workings of charitable, penal, pauper, and reformatory institutions in other states, he may authorize and designate any member of said board, or the secretary thereof, to visit such institutions in opera- tion in other states, and by personal inspection to carefully observe and report to said board on all such matters relat- ing to the conduct and management thereof as may be deem- ed to be interesting, useful, and of value to be understood in Visiting of similar institutions. the government and discipline of similar institutions in this State. (264) S 2259. SEC. 10. The governor may appoint one or more suitable females, who shall, in behalf of said board, personally visit and inspect such of the aforesaid state or county institutions as said board shall designate, and in- quire into the condition and treatment of the inmates therein, and especially investigate the provision made for women, and children of tender years, with the method of instruction, and the means used for their cure or reformation. Said female visitors shall receive no compensation for their time or serv- ices; but the actual traveling expenses of each of them, verified as heretofore provided for the accounts of members of this board, and approved by the governor, shall be paid in the same manner, and out of the moneys provided for the expenses of said board. Said female visitors shall from time to time report to the board the results of their investi- gation. º - - - CHANGE OF NAME OF BOARD OF COMMESS; OR ERS GF CERTAIR IRSTITUTIONS. -- An Act to change the name of the board of state commissioners for the general supervision of charitable, penal, pauper, and reforma- tory institutions. | Act 82, P. A. 1879.] The People of the State of Michigan enact: (265). § 2249. SECTION 1. That the board provided for by an act entitled “An act to provide for the appointment of a board of commissioners for the general supervision of penal, pauper, and reformatory institutions, and defining Idem. Name changed. 15 114 LAWS RELATING TO THE New name. “Public moneys'' defined. Public moneys kept separate from other funds. - How used. Interest on public moneys to constitute a general fund. When officerS ` not to receive consideration. their duties and powers,” approved April seventeenth, eight- een hundred and seventy-one, heretofore known and desig- nated as “the board of state commissioners for the general supervision of charitable, penal, pauper, and reformatory institutions,” shall hereafter be known and designated as “the board of corrections and charities.” thi" * repeals “all acts and parts of acts contravening the provisions of is act.” SAFE-KEEP NG OF Public ºn ºf EYS. An Act to provide for the safe keeping of public moneys. [Act 131, P. A. 1875. I The People of the State of Michigan enact: (266) S 1197. SECTION 1. That all moneys which shall come into the hands of any officer of the state, or of any officer of any county, or of any township, school district, highway district, city or village, or of any other municipal or public corporation within this state, pursuant to any pro- vision of law authorizing such officer to receive the same, shall be denominated public moneys within the meaning of this act. (267) $ 1198. SEC. 2. It shall be the duty of every offi- cer charged with the receiving, keeping, or disbursing of public moneys to keep the same separate and apart from his own money, and he shall not commingle the same with his own money, nor with the money of any other person, firm or corporation. (268) $ 1199. SEC. 3. No such officer shall, under any pretext, use, nor allow to be used, any such moneys for any purpose other than in accordance with the provisions of law; nor shall he use the same for his own private use, nor loan the same to any person, firm, or corporation without legal authority so to do. (269) $ 1200. SEC. 4. In all cases where public moneys are authorized to be deposited in any bank, or to be loaned to any individual, firm, or corporation, for interest, the in- terest accruing upon such public moneys shall belong to and constitute a general fund of the state, county, or other public or municipal corporation, as the case may be. (270) $ 1201. SEC. 5. In no case shall any such officer, directly or indirectly, receive any pecuniary or valuable consideration as an inducement for the deposit of any public moneys with any particular bank, person, firm, or corpora- tion. - - - INSANE AND FEEBLE-MINDED. 115 (271) $ 1202. SEC. 6. The provisions of this act shall ap- ply to all deputies of such officer or officers, and to all clerks, agents, and servants of such officer or officers. (272) $ 1203. SEC. 7. Any person guilty of a violation of any of the provisions of this act shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court: Provided, That nothing in this act contained shall prevent a prosecution under the general statute for em- bezzlement in cases where the facts warrant a prosecution under such general statute. - (273) $ 1204. SEC. S. Any officer who shall wilfully or corruptly draw or issue any warrant, order, or certificate for the payment of money in excess of the amount authorized by law, or for a purpose not authorized by law, shall be deemed guilty of a misdemeanor, and may be punished as pro- vided in the preceding section. DUTY OF COLLECTING AND DISBURSHING OFFICERS. [Extract from Act 20, S. L. 1842.] (274) $ 1180. SEC. 4. All collecting and disbursing offi- cers, all county and township treasurers, and all other public officers or agents, through whose hands public moneys pass, are hereby required to pay into the state, county, and town- ship treasuries, as the case may be, or to state, county and township creditors, as the case may be, at the option of such greditors, or to civil and military officers entitled to compensation for public services, at the option of such offi- cers, the same description of funds which they shall have received in the collection of taxes or other public dues, or for freight and charges to passengers on the state railroads. Any of the aforesaid collecting and disbursing officers or agents, who shall violate any of the provisions of this act, To apply to deputies, etc. Penalty for violations. Proviso. Illegal pay- ment of money. Officers, etc., to pay over same funds received. Penalty. or shall appropriate any of the public moneys to his or their own private use, except in pursuance of law, or shall lend to others, or otherwise embezzle any of the said public moneys, he or they shall be prosecuted for said offense, and, on con- viction thereof, be punished by fine and imprisonment; the fine not to be more than one thousand dollars, and the im- prisonment not to exceed five years, at the discretion of the Court. 116 LAWS RELATING TO THE Trustees, etc., not to be interested in contracts. Bribes. Removal. Penalty. Bribing Officer. Penalty. CERTAIN OFFICERS NOT TO BE INTERESTED IN CONTRACTS. An Act to prohibit officers of public institutions from being interested in contracts made there with, and to prevent bribery. | Act 107, P. A. 1873. ] The People of the State of Michigan enact: (275) $ 11384. SECTION 1. That no trustee, inspector, regent, superintendent, agent, officer, or member of any board having control or charge of any educational, charitable, penal, pauper, or reformatory public institution of this state, or of any county thereof, shall be personally directly, or in- directly, interested in any contract, purchase, or sale made for, or on account, or in behalf of any such institution, and all such contracts, purchases or sales shall be held null and void; nor shall any such officer corruptly accept any bribe from any persons interested in such contract; and it is here- by made the duty of the governor or other appointing power, upon proof satisfactory of a violation of the provisions of this section, to immediately remove the officer or employe offending as aforesaid; and upon conviction thereof before a court of competent jurisdiction, the offender shall be pun- ished by fine not exceeding three thousand dollars, or by im- prisonment in the state prison not more than five years, or by imprisonment in the county jail not more than one year, or by both such fine and imprisonment in the discretion of the court. - - Am. 1915, Act 297. (276) $ 11385. SEC. 2. Any person interested directly or indirectly in a contract with a state or county institution who shall corruptly give, offer, or promise to any officer of such institution any bribe, gift, or gratuity whatever, with intent to improperly influence his official action under such contract, shall be punished by fine not exceeding three thou- sand dollars or by imprisonment in the state prison not more than five years, or by imprisonment in the county jail not more than one year, or by both such fine and imprisonment in the discretion of the court. - Am. Id. INSANE AND FEEBLE-MINDED. 117 LETTING OF CONTRACTS BY STATE OFFICERS, ETC. An Act relative to the letting of contracts by State officers, boards of control, inspectors or commissioners. | Act 171, S. L. 1861. I The People of the state of Michigan enact: (277) $ 1540. SECTION 1. That it shall be the duty of each and every state officer, board of state auditors, board of control, inspectors, or commissioners of any public im- Bidders for contract to give bonds. provement, work, building, or institution, acting for the state, to require of all and every person bidding for any con- tract, by them or any of them to be let or made, such good and sufficient security as they may require, not less than one-fourth the sum total of the amount of the estimated cost of said contract, or the work to be performed under it, con- ditioned so as to secure the state from loss or damage which may arise by reason of the withdrawal of the bid or bids by such person or persons made before the time for entering into or making of the contract by them offered to be made; and in case any person or persons shall make any bid or sealed proposal for the performance of any work, labor, fur- nishing materials, or contract to be made with any such state officer, state auditors, board of control, inspector, or commis- sioner, it shall not be lawful for such person or persons to withdraw, cancel, alter, or amend the same after it shall have been thus made, deposited, and filed with any such state officer, or other person duly authorized to receive the same, previous to the time appointed for opening the same. After the opening of said bids and letting such contract, the state officer or other person holding the same shall continue so to keep the same, and the securities filed there with, and if such bid shall be lowest, it shall be considered a lawful bid or proposal, and treated as other bids and proposals are required by law to be treated; and if any such person or persons shall fail to enter into any contract, as contemplated by such officer in the advertisement or other information Bids not to be withdrawn, etc., before time for opening. Proceedings When bidders refuse to enter into Contract. therefor, or by the terms of the bid or proposal so received, or shall refuse to execute and fulfill the same, it shall be the duty of such state officer, or board of auditors, member of board of control, inspector, or commissioner to immediate- ly prosecute such person or persons, and the person or per- sons giving such bond or security, and to recover such dam- ages thereon as may be adjudged by any court of this state; and all money so recovered from such person or persons, or any other person or persons, as sureties or bondsmen with said principal or principals, shall be paid into the state treasury, after deducting costs of suit, and be credited to Disposition of damages recovered. 118 LAWS RELATING TO THE Proviso. Further proVISO. Salaries of certain state officers, by whom approved. Certified copy of resolutions fixing salaries to be filed. Governor, etc., not Competent to change salary. Salary fixed and approved endorsed on resolution and filed. the general fund: Provided, When any such forfeiture shall be made to any public institution, building, asylum, or public work, the damages or moneys so recovered shall be credited by the state treasurer to the said institution, building, asy- lum, or public work named in such advertisement, bid, or proposal, or for which the same was intended to be made: And provided, further, That said person or persons, or board of officers, shall have the right to reject any of said bids or proposals, if in their judgment the public interest will be subserved thereby. SALARIES OF SUPERHNTENDENTS, ETC., of STATE - INSTITUTIONS. An Act to provide for the approval and regulation of salaries fixed and allowed by the boards of control of the various state institutions: [Act 286, P. A. 1907.] The People of the State of Michigan enact: (278) SECTION 1. Whenever, under the laws of this state, the salary of any superintendent, president, secretary or any other officer, having direct executive management or control of any state institution, shall be fixed or changed by the board of control of such institution, payment thereof shall not be made until the annual or fixed salary so made shall be approved by the governor, auditor general and state treas- UI el”. (279) SEC. 2. It shall be the duty of all boards of state institutions authorized by law to fix the salary of the super- intendent, president, secretary or other executive officer, to at once file with the governor and auditor general, a certified copy of the resolution of the board of control, so fixing or changing the annual or stated salary of any superintendent, president, secretary or other executive officer in the manage- ment of such institution. - (280) SEC. 3. It shall not be competent for the governor, auditor general and state treasurer, to change, in their dis- cretion or judgment, any salary fixed by the board of con- trol, but they may refuse approval until the salary shall be fixed by the board of control at an amount to meet their approval. (281) SEC. 4. The stated or annual salary fixed or chang- ed by the board of control of any state institution and ap- proved by the governor and auditor general and state treas- urer, shall be endorsed on the resolution of the board of control, certified to the governor, and with the approval of INSANE AND FEEBLE-MINDET). 119 ~~ * all the officers herein specified shall be filed in the depart- ment of the auditor general. ' CARE, ETC., OF CERTAHR BUILDINGS, ETC. An Act to authorize and empower the board of state auditors, the board of control, board of trustees or governing board of certain state institutions, to make, prescribe and enforce rules and regula- tions for the care, order and preservation of buildings or property dedicated and appropriated to the public use and the conduct of those coming upon the property thereof; to prescribe penalties for a violation thereof and to repeal all acts or parts of acts incon- sistent with the provisions of this act. [Act 80, P. A. 1905.] The People of the State of Michigan enact: (282) SECTION 1. The board of state auditors, the board of trustees of the industrial school for boys, the state board of education, the board of guardians of the state industrial home for girls, the board of control of the Michigan college of mines, the board of trustees of the eastern Michigan asy- lum, the board of trustees of the Michigan asylum for the insane, the board of trustees of the northern Michigan asy- lum, the board of trustees of the state asylum, the board of trustees of the upper peninsula hospital for insane, the board of control of the state prison at Jackson, the board of control of the state house of correction and branch prison of the upper peninsula, the board of control of the Michigan re- formatory at Ionia, the board of trustees of the Michigan school for the deaf, the board of control of the Michigan school for the blind, the board of managers of the Michigan soldiers' home, the board of control of the Michigan home for feeble-minded and epileptic, the board of trustees of the Michigan employment institution for the blind, the board of control of the state public school, the state board of agri- culture, the state board of fish commissioners, the Michigan state agricultural society, the board of regents of the uni- versity of Michigan, and the board of trustees of the Michi- gan state sanatorium for tuberculosis, shall have authority to make and prescribe rules and regulations for the care, preservation and protection of buildings and property dedi- cated and appropriated to the public use, over which they have jurisdiction or power of control and the conduct of those coming upon the property thereof, which may be necessary for the maintenance of good order and the protection of said state property; and shall have authority to enforce such rules and regulations, and empower one or more persons State boards may make Tules for care of property, etc. May enforce rules and punish offenders. LAWS RELATING TO THE Misdemeanor, what deemed. Penalty. Policemen, authority of. To arrest without warrant. To make complaint against offenders. with the authority prescribed in this act, and cause any person or persons found guilty of a violation thereof to be punished in the manner hereinafter prescribed. Am. 1907, Act 302. (283) SEC. 2. Any person who shall wilfully cut, peal, or otherwise injure or destroy any tree or shrub standing on any property dedicated or appropriated to the public use and within the control or under the jurisdiction of any of the said above named boards; who shall carry, draw, leave or deposit within or upon said property any filth, rubbish or garbage; who shall efface any mark or inscription of any kind whatsoever or mutilate or destroy any building, machine, or appliance, fence or hedge of any kind; who shall enter, hunt or trespass upon any part or portion of property or skate upon, or fish, in any manner in any pond, brook or stream, the use of which is forbidden to the general public, and rela- tive to which there are signs or notices to that effect; who shall be guilty of any boisterous or disorderly conduct upon the premises thereof, annoy, harass, assault or disturb any inmate or person cared for or under the control of said boards; who shall without authority or permission unlock or open any gate, window or door or enter any room, hall, Ward or yard or other portion of any institution in which inmates or persons are detained under state control; who shall create, cause or attempt to create any disturbance or openly and wilfully refuse to conform to such rules, regu- lations, and orders as any of the said boards may prescribe, shall be deemed guilty of a misdemeanor, and upon con- viction thereof may be fined not more than fifty dollars or by imprisonment in the county jail of the county where such offense is committed for a period of not less than ten days nor more than sixty days, or both such fine and im- prisonment, in the discretion of the court. - (284) SEC. 3. Every person duly appointed or chosen by any of the said boards to act in the capacity of superintend- ent, policeman, watchman, marshal, deputy marshal, guard or attendant, shall be vested with the general authority of sheriffs, relative to the arrest and custody of offenders against rules and regulations prescribed by said boards or any pro- visions of this act, and shall have authority to apprehend and arrest, and it shall be the duty of such officer or ap- pointee to arrest without warrant any person found violat- ing any rules which shall have been made or prescribed by the respective board relative to trespasses upon property, good order, the preservation of property, or the mutilation or destruction or injury to property in any manner what- soever. It shall be the duty of said officers or appointees to make complaint against offenders of any provision of this act, or the rules and regulations of their respective board, INSANE AND FEEBLE-MINDED. 121 º *. before any justice of the peace or police justice of the town- ship or city, or any justice of the peace of the county with- in the limits of which the institution is located, and any justice of the peace, police justice or judge of the recorder's court, before whom complaint is made, is hereby authorized to take cognizance, hear, try, and determine such matters, and pass sentence upon offenders in accordance with law. (285) SEC. 4. The members of each of the above named boards and all other persons are also hereby given authority to make complaint, before such justice of the peace or police justice as is referred to in section three of this act, against any person or persons who it is believed has wilfully violated any law, rule or regulation pertaining to the property or building over which they have any jurisdiction or power of control, and the proceedings pertaining to the arrest and pun- ishment of offenders shall be in the manner hereinbefore pre- scribed. - - (286) SEC. 5. It shall be the duty of said boards to have all rules and regulations which may be made or prescribed, entered in convenient form, in a record book kept in the respec- Who may hear such matters, etc. When boards may make complaint. Boards to have rules, etc., recorded, etc. tive office for that purpose and posted in at least three con- spicuous places on said premises. It shall be the duty of the prosecuting attorney of the county in which the offense is committed to prosecute offenders against the provisions of this act or any rule or regulation made or prescribed by said boards, under the authority of this act. Sec. 6 repeals all acts or parts of acts inconsistent with or contravening the provisions of this act. - º WOMEN PHYSICHANS HN CERTAIN INSTITUTHQ MS. An Act to provide for the employment of women physicians in certain institutions of this state. Act 185, P. A. 1899. The People of the State of Michigan enact: (287) SECTION 1. In the following named institutions of this state at least one resident woman physician shall be em- ployed, who, under the direction of the superintendent of such institution, shall render such women or girls who are inmates such medical treatment as shall from time to time be necessary. The institutions which shall be included in the provisions of this section are the following, viz.: The asylum for the insane at Kalamazoo, the asylum for the in- sane at Traverse City, the asylum for the insane at Pontiac, the asylum for the insane at Newberry, the home for the Duty of . prosecuting attorney. Resident WOIn an physician employed in gertain. institutions. 122 LAWS RELATING TO THE Institutions to employ WOIna, Il physicians. Coal used in State institutions. Proviso, price. Sealed bids. Notice. feeble-minded and epileptic at Lapeer, and all institutions of like nature which may hereafter be established. Am. 1901, Act 85. (288) SEC. 2. In the following named institutions of this state a woman physician shall be employed, who, under the direction of the superintendent of such institution, shall render to such women and girls who are inmates such medi- cal treatment and services as may from time to time be nec- essary. The institutions which shall be included in the pro- visions of this section are the following, viz.: The industrial home for girls at Adrian, the school for the deaf at Flint, the school for the blind at Lansing, and all institutions of like nature which may hereafter be created. Am. Id. COAL USED IN STATE H NSTITUTHONS. An Act to provide that all bituminous coal purchased for and used in all State penal, reformatory, charitable and educational institutions of this state, be the product of the coal mines of this state. [Act 166, P. A. 1911.] The People of the State of Michigan enact: (289) SECTION 1. No bituminous coal, except that pro- duced by the coal mines of Michigan, shall hereafter be pur- chased for, or used in any state penal, reformatory, charitable or educational institution of this state: Provided, however, That if it is shown conclusively to said board that the price demanded for such Michigan mined bituminous coal based upon the heat units is in excess of that at which bituminous coal mined without this state can be purchased, the adapt- ability to conditions of the plant in which its use is con- sidered being taken into consideration, such board shall be permitted to contract for such bituminous coal mined with- out this state, but no such contract shall be for a longer period than one year. (290) SEC. 2. Every board of control, board of trustees or managers, superintendent, overseer, representative or agent of any penal, reformatory, charitable or educational institution of this state, charged with the right, power, au- thority and duty to purchase bituminous coal for such insti- tution, shall, before making any such purchase, solicit sealed bids for the coal to be purchased by causing a notice to be published one or more times in a coal trade journal having a general circulation among miners and coal jobbers. Such . INSANE AND FEEBLE-MINDED. 123 & º notice shall specify the kinds and quantity of bituminous coal to be purchased and the time and place of delivery and shall require, each bidder to name the price of the coal at place of delivery, and specify whether the coal he proposes to furnish on his bid is the product of the coal mines of this state. Such notice shall state the time and place that the bids will be opened. The board of control, board of trustees or managers, superintendent, overseer, representative or agent of such institution charged with the right, power, au- thority and duty to purchase such coal shall also send by mail, at least five days before the date the bids are to be opened, a copy of said published notice to each person, firm, association and corporation operating a coal mine in this state, so far as they and their postoffice addresses are known, to those charged with the duty of giving said notice. Only the lowest bid or bids for Michigan coal shall be accepted: Provided, however, That no bid shall be accepted that is in excess of the then current prices of coal covered by and included in such bid : Provided further, That if no bid is received that is not in excess of the then current prices of the coal covered by and included in such bids, then coal which is the product of the mines of Michigan or of mines elsewhere located may be purchased for such institution on the best terms and for the best prices that can be obtained therefor without re-advertising for bids: Provided further, That where some unforeseen emergency or exigency shall arise where coal is needed for the immediate use of such in- stitution and there is not sufficient time to solicit bids as above provided, then coal produced in Michigan or elsewhere, necessary to fill such immediate demands and for use until coal can be procured on bids solicited as hereinbefore speci- fied, may be purchased without soliciting bids therefor. Any purchase or sale of or contract for coal made contrary to the provisions of this act shall be void. Am. 1915, Act 274. (291) SEC. 3. Any member of a board of control or any trustee or manager, superintendent, overseer, representative or agent of any state penal, reformatory, charitable or educa- tional institution of this state who shall wilfully violate, assist in or consent to the violation of any of the provisions of this act or permit the violation thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than ten nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court. Notice sent by mail. Proviso, Current prices. Further proviso, purchase on best terms. Further DTOVISO, emergency. When contract void. Penalty for violation. 124 LAWS RELATING TO THE Use pro- hibited. Misdemeanor, penalty. Admission of clergymen. USE OF OLEOMARGARINE, ETC., IN STATE INSTITUTIONs. An Act to prohibit the use of oleomargarine, butterine, or any other Substitute for butter in any of the public institutions of this state, and to provide the punishment therefor. [Act 45, P. A. 1891.1 The People of the State of Michigan enact: (292) $ 2243. SECTION 1. That the use of oleomargarine, butterine or any other substitute for butter, in any of the public institutions of this state, be and the same is hereby prohibited, except in the penal institutions of the state. Am. 1913, Act 233. (293) $ 2244. SEC. 2. Any warden, superintendent or other officer of any such institution, who shall knowingly violate the provisions of section one of this act, or shall knowingly permit the same to be violated shall be deemed guilty of a misdemeanor and every violation shall constitute a separate offense and on conviction thereof shall be pun- ished by a fine of not less than twenty-five, nor more than one hundred dollars, together with costs of prosecution, or by imprisonment in the county jail of the county in which said institution is situated, not exceeding ninety days, or both such fine and imprisonment, at the discretion of the Court. - ADMISSION OF CHLERGYMEN TO WISHT PRISONERS, ETC. An Act to provide for the admission of clergymen to visit prisoners confined in any jail or prison in this state. [Act 185, S. L. 1859.1 The People of the State of Michigan enact: (294) $ 2153. SECTION 1. That it shall be the duty of the keeper, or other persons having the control of any prison, jail, almshouse, house of correction, hospital, or poor-house in the state of Michigan, to fix and appoint some suitable and convenient time, in each week, during which clergymen of all religious denominations may visit the inmates of such prison, jail, almshouse, house of correction, hospital or poor- house; and when any inmate of any jail, prison, almshouse, house of correction, hospital or poor-house, is dangerously sick, and desires religious counsel, the clergyman of his º INSANE AND FEEBLEMINDED. 125 º choice shall be admitted to visit such inmate, and be per- mitted to administer to such inmate the rites of his church. (295) $ 2154. SEC. 2. It shall be the duty of such keeper, or other person in control, during the time fixed, in pursu- ance of the first section of this act, to give free access to any clergymen of any religious denomination, and to furnish such clergyman all reasonable facilities for interviews with the inmates, named in the first section: Provided, however, Duty of keeper. Proviso. That the keeper or other persons having the control of said prison or jail, almshouse, work-house, house of correction, hospital or poor-house, shall first be satisfied that such clergy- men are in good and regular standing in their profession, and are pastors of any church or religious congregation in this state. TRANSFER OF INSANE PRISONERS TO ASYLUM- An Act relative to insane convicts in the state prison and other penal institutions. [Act 189, P. A. 1877. I The People of the State of Michigan enact: (296) $ 1984. SECTION 1. That if any person after being con- victed of any offense and committed to the state prison or any penal institution of this state, and before the execution in whole or in part of the sentence of the court, shall show symptoms of insanity, the warden shall give notice to the physician thereof and the medical superintendent of the asy- lum for the insane at Kalamazoo. The physician and medical superintendent aforesaid upon receiving such notice, shall forth with examine such convict, and if upon such examina- tion they shall be of opinion that said convict is insane, they shall certify the same to the warden of the prison who shall forth with put such lunatic or insane convict in the prison department prepared for that purpose, and immediate. ly notify the governor of the state of the insanity of said convict, whose duty it shall be to inquire into the facts, and he may pardon such lunatic, or commute or suspend, for the time being, the execution in such manner or for such period as he may think proper, and may, by his warrant to the warden of the state prison, or any penal institution of this state, order such lunatic to be conveyed to one of the state asylums for the insane, and there kept at the expense of the state until restored to his reason, unless his sentence shall sooner expire, in which case, or if restored to reason before the expiration of the time of his sentence, he shall be returned to the prison to serve out the unexpired time of his sentence, Transfer of insane prisoners to asylum. Duty of war- den. Physician and medical super- intendent to examine, etc. Governor may order prisoner Sent to asylum. 126 LAws RELATING TO THE Transfer of insane person to lunatic department in prison. Duty of prison physician as to lunatic convicts. When lunatic adjudged restored. the time of such suspension shall count on the time for which sentenced. (297) $ 1985. SEC. 2. Whenever a convict in the state prison or any penal institution of this state shall show symptoms of insanity, the warden shall give notice to the physician thereof and to the medical superintendent of the asylum for the insane at Kalamazoo. The physician and medical superintendent aforesaid, upon receiving such notice shall forthwith examine such convict, and if upon such ex- amination they shall be of opinion that said convict is insane, they shall certify the same to the warden of the prison or any penal institution of this state, who shall forthwith put such lunatic or insane convict in the prison department pre- pared for that purpose. (298) $ 1986. SEC. 3. The physician for said prison or any penal institution of this state shall give such medical and surgical aid to the lunatic convicts who may not be re- moved by order of the governor as provided by section one hereof, as the nature of their cases and circumstances will permit and require; and whenever any lunatics or insane convicts shall be adjudged to be restored to their proper minds, or so far restored that it may be considered safe to put them at labor, under their sentence, and certified so by the physician and medical superintendent as aforesaid, the Notice given before insane convicts discharged. warden of the prison or any penal institution of this state shall again put such restored convicts at hard labor, accord- ing to their sentence. notice Given before discharge of convict insane. An Act relative to the care of persons insane at the expiration of their term of sentence at any of the penal institutions of this state, or the Detroit house of correction. [Act 172, P. A. 1877.] The People of the State of Michigan enact: (299) $ 1987. SECTION 1. That before discharging any convict at the time of the expiration of his sentence from any of the penal institutions of this state, who may be deemed insane, and so certified by the physician in charge of any such institution, if no relative or friend of [any] such con- vict appears and takes charge of him, the warden or other superintending officer shall first give notice in writing to the county clerk of the county from which such convict Was sent, and to one or more of the relatives or friends of such convict, if known, and also to the probate judge of the county in which such penal institution is located of the fact of his * * ºr. -- -*. INSANE AND FEEBLE-MINDED. 127 º condition; and on the receipt of such written notice said Probate judge shall, within twenty days, issue his warrant to the ºrant sheriff of such county, commanding him to receive such con- to sheriff. vict at the time of his discharge at the said institution, and bring him before such judge. (300) $ 1988. SEC. 2. Upon the receipt of such warrant Duty of it shall be the duty of said sheriff to whom it is directed to jº execute the same forth with, and return the same to the pro-Warrant. bate judge by whom it was issued. (301) ś 1989. SEC. 3. On such discharged convict’s being Proceedings brought before the judge of probate aforesaid, such judge º shall call two respectable physicians and other credible wit- nesses, and also immediately notify the prosecuting attorney of his county, of the time and place of meeting, whose duty it shall be to attend the examination, and act in behalf of the state; and said probate judge shall fully investigate the Convict to be facts in the case, either with or without a jury, as to the 'º' " question of insanity, and if the probate judge certifies that satisfactory proof has been adduced showing him insane, and no relative, relation, or friend of such discharged convict’s, has, in the meantime, appeared and offered to take charge of him, on the certificate of such judge, under the seal of the probate court of said county, he shall be admitted into one of the asylums for the insane in this state, and supported there at the expense of the state until he shall be restored to soundness of mind, or until removed by due process of law, or taken charge of by his relatives or friends. The bills for Bills for main- the maintenance, clothing, and other charges of such patients, ..." how shall be rendered quarterly to the auditor general in the same manner as bills are rendered to county treasurers for the support of patients at county charge, and shall be paid by the state treasurer to the treasurer of the asylum in which, the patients may be, on the warrant of the auditor general, out of any money belonging to the general fund. The pro- Probate. bate judge in such examination shall have the power to º' compel the attendance of witnesses and jurors, and shall º' " file the certificates of the physicians taken under oath and etc. other papers, and enter the proper order in the journal of the probate court in his office; said probate judge shall report Board of the result of his proceedings, to the board of state auditors, * * whose duty shall be to audit and allow the expenses of such “” proceeding, to be paid by the state treasurer on the warrant of the auditor general: Provided, That if such discharged Proviso. convict shall not be in indigent circumstances, the treasurer of such asylum shall take all necessary proceedings to re-im- burse the state for his support at such asylum from his prop- erty or such of his relatives as may be liable for his support. 128 LAWS RELATING TO THE Medical superintend- ents of insane asylums, etc., duty of. List of patients confined. Certification. Judge of probate to report patients committed. Report, what to show. Medical super- intendents to report monthly. REPORTS TO AUDITOR GENERAL. An Act to require certain reports to the auditor general from the insane asylums and the Michigan home for the feeble-minded and epileptic and from the probate courts, relative to insane and feeble- minded persons, and to prescribe the duty of the auditor general with reference thereto. | Act 96, P. A. 1909.] The People of the State of Michigan enact: (302) SECTION 1. It shall be the duty of the medical su- perintendent of each of the insane asylums of this state and the medical superintendent of the Michigan home for the feeble-minded and epileptic, on or before January first, nineteen hundred ten, to compile from the records of their respective institutions, upon blanks to be furnished by the auditor general, and forward to the auditor general, a com- plete list of the patients therein confined, showing date of admission, county from which committed, whether the pa- tient is public, private or voluntary, whether the order for commitment directs partial or full reimbursement, the names of any persons who have in any way contributed money, to the support of the patient, the name and address of guardian, if any, the name, address and relationship of patient's cor- respondent, and such other information relative to the pa- tient as the auditor general may require, which said state- ment shall be certified by the medical superintendent and steward to be correct. (303) SEC. 2. From and after January first, nineteen hun- dred ten, it shall be the duty of the judge of probate of each county, on or before the tenth day of each month, to make a report to the auditor general, upon blanks to be prepared and furnished by the auditor general, of every patient com- mitted from said court during the preceding month to any of the insane asylums of this state or to the Michigan home for the feeble-minded and epileptic, which report shall show the name of the patient, date of commitment, institution to which the patient was committed, name and address of guardian, if any, value of patient’s estate, if any, name, age and relationship of relatives legally dependent upon patient for support, if any, financial circumstances of relatives legal- ly liable for support, and such other information as the audi- tor general may from time to time require. (304) SEC. 3. It shall be the duty of the medical super- intendent of each asylum of this state and of the medical superintendent of the Michigan home for the feeble-minded and epileptic, from and after January first, nineteen hundred ten, to report to the auditor general on or before the tenth day of each month, upon blanks to be prepared and furnished º INSANE AND FEEBLE-MINDED. 129 by the auditor general, the name of every patient committed Blanks, how to the institution for which he is superintendent during the 'º' preceding month and the date such patient was received, “” the names of all patients who were discharged or died dur- ing the month and the date of such discharge or death, the names of all patients who were released upon furlough or leave of absence during the month and the date that such patient left the institution and the date of his return, to- gether with such other information as the auditor general may require, which said report shall be sworn to by the Certification. medical superintendent and certified by the steward. (305) SEC. 4. Any judge of probate who shall fail or Penalty. neglect to furnish the report required by section two of this act within the time and in the manner therein limited shall be liable to a penalty of twenty-five dollars, to be col- lected in an action brought in the name of the people of the state of Michigan in any court of competent jurisdiction in this state. - - TRANSPORT NIG UNCLAIMED DEAD HUMAN BOD ES FOR DISSECTION. An Act to provide for securing and transporting unclaimed dead human bodies to be used for dissection in the advancement of Science. Act 142, P. A. 1909.1 The People of the State of Michigan enact: (306) SECTION 1. Any member of either of the fol- $." lowing boards, and any of the following named officers or §% persons, to wit: The board of health of any city, village ..." or township, the common council of any city, board of trus- §º. tees of any village, any board or officer having the direction, - management, charge or control in whole or in part of any prison, house of correction, workhouse, jail or lockup, found- ed or supported in whole or in part at public expense, hav- ing in his or their possession or control, the dead body of any person not claimed by any relative or legal representa: tive; or the county superintendent of the poor, keepers of poorhouses and almshouses, any physician or other person in charge of any poorhouse or almshouse or charitable in- stitution, sheriff or coroner, having in his or their possession or control the dead body of any person not claimed by any relative personal friend or legal representative as herein- after ºovided, and which may be required to be buried at public expense or the expense of any one of such public in- stitutions, or the dead body of any convict who died in prison under sentence of murder or attempt to murder, not claimed 17 - 130 LAWS RELATING TO THE Proviso, Wayne county. Duty of boards, etc., making shipment. by any relative, personal friend or legal representative, shall deliver such dead body or bodies within thirty-six hours after death, or after he or they shall become possessed there- of, to a licensed embalmer who shall, after preparing the body for shipment, place it in a plain coffin and outer box plainly directed to the demonstrator of anatomy of the “Uni- versity of Michigan, Ann Arbor, Michigan,” and deliver the same together with a transit permit, as provided by the state board of health, to the express or railway company at the nearest railway station, excepting only the dead bodies of such persons as shall have died of smallpox, diphtheria or scarlet fever: Provided, That in the county of Wayne the dead bodies hereinbefore described shall be sent in the same manner and under the same restrictions as those sent to the demonstrator of anatomy of the university of Michi- gan, either to the demonstrator of anatomy of the Detroit college of medicine, or to the demonstrator of anatomy of the Detroit homeopathic college. Such boards, common councils, officers or other persons making such shipment or delivery, shall as the case may be take the usual shipping receipt or a fully particularized receipt for such package and shall notify the consignee of such shipment by letter mailed on the day the package is so delivered to the express or railway company, or within the county of Wayne, delivered concur- rently by messenger or otherwise with the delivery of such package, and shall also enclose in such letter a statement giv- ing, as nearly as can be ascertained, the name, age, residence and cause of death of such deceased person, whose body Duty of demonstrator of U. of M. on receipt of package. Proviso, transporta- tion charges. Duty of demonstrator of certain Detroit colleges. has been shipped or is being delivered as aforesaid; and also a statement of the cost and expenses which have been in- curred in the storage and preparation of the body for ship- ment, in the rental of the coffin and box, and in the delivery of the same to the transportation company; and upon the receipt of the package so shipped to him, the demonstrator of anatomy of the university of the state of Michigan shall immediately forward to such officer, board, council or in- stitution or person or persons making such shipment or in- Curring such expenses the amount thereof, not exceeding in any case the sum of fifteen dollars, exclusive of the cost of transporting the body and the cost of returning the coffin and box to the consignor: Provided, That the transporta- tion charges for any corpse by any railway company or ex- press company shall be the price of one first-class passenger fare between the points of shipment, but in no case shall the charge be less than two dollars, and no railway company or express company shall require such corpse to be accompanied by a person. Upon the receipt of a package so delivered to him, the demonstrator of anatomy of the Detroit college of medicine or of the Detroit homeopathic college, as the case may be, shall immediately forward to such officer, board, - º * INSANE AND FEEBLE-MINDED. 131. * */ * council or institution or person or persons making such deliv- ery or incurring such expenses, the amount thereof not ex- ceeding in any case the sum of seven dollars: Provided, Such dead body shall not be shipped or delivered as aforesaid if it shall be requested in good faith for interment by any relative before the same shall have been delivered as aforesaid, and in case the dead body of any person so delivered or so shipped as aforesaid be subsequently claimed or demanded of either of said demonstrators of anatomy, or of any other person or institution, into whose possession or under whose control it may have been placed by virtue of the provisions of the law, by any relative or legal representative of such deceased per- son for private interment, it shall be given up to such claim- ant, even after the same shall have been interred as herein- after provided, after they shall have paid the actual expenses incurred and paid by the demonstrator of anatomy or by any person or institution into whose possession or under whose control it may have been placed by virtue of the provisions of this act. Such bodies shall be used only for the purposes hereinafter mentioned, and shall then in all cases be interred in some suitable place kept for that purpose and a correct record shall be kept of every such body; and all matters by which such body may be identified, coming to the knowledge of the person or officer at any time in charge of such bodies, shall be faithfully recorded at length in a book kept for that purpose, to the end that the same may at any time be traced and discovered by the friends and relatives of such deceased person: Provided, That the institution, board, council, officer or person aforesaid, shall immediately after the death of such person notify, if possible, by telegraph, or otherwise by letter, one or more of the nearest known relatives of such deceased person of the death of such person; and in no other case shall the body of such deceased person be shipped or de- livered as aforesaid until after the expiration of twenty-four hours from death. Every individual, officer or party violat- ing any of the provisions of this section shall be deemed guilty of a misdemeanor. (307). SEC. 2. The bodies so shipped or delivered as afore- said shall be used for the advancement of anatomical science in this state in the following institutions of learning, only, viz: The university of Michigan, the Detroit college of medi- cine and the Detroit homeopathic college. The said bodies shall be distributed to and among the same equitably and, as far as possible, in the order in which they are received, and the number assigned to each by the said demonstrator of anatomy shall be proportional to that of its students of anatomy in actual attendance, and to this end the said demon- strator of anatomy shall, within ten days after the opening of the scholastic year of each of said institutions, ascertain Proviso, request for interment. Bodies, dis- position and record of. Proviso, notice to nearest known relative. Violation a misdemeanor. Institutions to which - bodies may be shipped. Distribution of. from the dean or other executive officer of said institutions. - 132 LAWS RELATING TO THE Notice to each other. TInfit bodies. Annual ex- pense state- Iment. Proviso, ten days posses- SIOIl. Notice to relatives. Entitled to body on payment of eXpenSes. the number of students of anatomy in actual attendance in the said respective institutions. The said demonstrators of anatomy shall, upon ascertaining the number of students of anatomy in actual attendance in said institutions, each noti- fy the other in writing of the information thus obtained; and at any time thereafter, upon the written request of either of said demonstrators of anatomy delivered or mailed to the others, the said demonstrators of anatomy shall ascertain and inform each other in writing of the number of students of anatomy in actual attendance in the said institution, to the end that at all times the distribution of said bodies may be equitable and proportionable to the number of students of anatomy in actual attendance in the said institutions. In order to procure a fair and proportionable distribution of bodies in quality as well as in quantity, each demonstrator of such institution may throw out any body which when re- ceived, shall in his opinion be unfit and worthless for the ad- Vancement of anatomical science, and shall not count such body as anatomical material when received, but on his re- quest to the other demonstrators or to any one of them shall be supplied by such demonstrator applied to with the propor- tionate number of good bodies fit for use for the necessary in- struction. The demonstrators of anatomy of the aforesaid institutions shall each make annually in the last week of the month of June, a sworn statement of the actual expenses borne and incurred by him under the provisions of this act; and from such statements the total cost of the anatomical material received shall be ascertained by a board consisting of all of said demonstrators, and shall be apportioned and paid by such institutions in proportion to the number of bodies used by each of said institutions: Provided, however, That either of the said demonstrators of anatomy upon the re- ceipt of every body under and by virtue of the provisions of this act, shall cause the same to be embalmed or put in a state of preservation, and shall not permit the same to be de- livered to any of said institutions for the purpose of dis- section until the same shall have been in his possession at least ten days. It shall be the duty of the said demonstrator of anatomy of the university of Michigan and the said demonstrator of anatomy of the Detroit college of medicine and the said demonstrator of anatomy of the Detroit homeo- pathic college, upon the receipt of any body under the pro- visions of this act, to immediately notify either by mail or telegraph as he may deem best, the relatives of such deceased person, if known, of the receipt of such body and that said body will be preserved intact for the space of ten days, in which time the said relative will be entitled to said body for the purpose of interment, and shall pay such expenses, and the demonstrator of anatomy, in whose possession or under whose control the said body may be, shall deliver to such rel- INSANE AND FEEBLE-MINDED. 133 * s * - ative or such legal representative the said body, together with the said coffin and box enclosing the same; but in case said body shall not be requested by such relatives until after the same shall have been applied to the purposes intended, the remains thereof together with the coffin and box afore. said shall be delivered without charge: Provided, That the Proviso, university of Michigan, the Detroit college of medicine and ºfter the Detroit homeopathic college aforesaid, and each and ºt every other medical institution, shall not receive into their possession any bodies procured in this state other than those provided for by the provisions of this act. Every individual or party violating the provisions of this section shall be deemed guilty of a misdemeanor. No such dead body shall be Shipment sold or delivered to any person to be taken out of the state, º' "" nor shall any suck dead body be shipped to any person or place out of the state, with the exception of the provision for reclaimed bodies as aforesaid, or be used within the state for any purpose, except for the prosecution of anatomical science. Any person violating any of the provisions of this Penalty for act shall be punished by a fine of not less than fifty nor more ...?"" than one hundred dollars, or by imprisonment in the county jail not less than one nor more than three months, or by both such fine and imprisonment in the discretion of the court. Any practicing physician or surgeon of this state, or any Physicians medical student under the authority of such physician or * * Surgeon, may have in his possession human dead bodies or the parts thereof, lawfully obtained, for the purposes of anatomical inquiry or dissection. - * 134 LAWS REI, ATING TO THE PART IV. GUARDIANSHIP. OF GUARDIANS AND WARDS. [Extract from chap. lviii of the Judicature Act of 1915.1 For whom (308) SECTION 1. The judge of probate in each county Hº may in all proper cases, appoint guardians to inhabitants or guardians. residents in his county, and also to such as reside without the state, and have any estate within his county as follows: 1. Of the estate of all minors having any estate within his county; - - - 2. Of the person of all such minors who are inhabitants or residents in his county, and have no father or mother living, competent and suitable to have the custody and care of the education of such minor; 3. Of any person, who by excessive drinking, or by gaming, idleness or debauchery of any kind, shall so spend, waste or lessen his estate as to expose himself or his family to danger or want, or suffering, or the county to charge or expense for the support of himself or his family; 4. Of all persons who are insane, imbecile, idiotic, or who by reason of old age or disease are mentally incompetent to have the care, custody and management of their estate; 5. Of the estate, but not of the person, as against the rights of the husband, of any married woman who shall be insane, or otherwise mentally incompetent to have the charge of her property; and, - 6. Of the person of any one being a resident of his county, who shall be a habitual drunkard, or so addicted to the excessive use of intoxicating liquors or narcotic drugs, as to need medical or sanitary treatment and care. The above is sec. 1, chap. lviii, of the judicature act of 1915, and super- sedes secs. 8697, 8712, 8729 and 8736, C. L. '97. When, (309) SEC. 7. If the minor have no father or mother liv- flºw ing competent and suitable to have the custody of the person of Ward. and care of the education of such minor, the guardian so appointed shall have the custody of the person and care of the education of such minor. The above is sec. 7, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8702, C. L. '97. #ºn, (310) SEC. 11. Every such testamentary guardian shall .#. a Ty give bond in like manner, and with like condition, as is here- inafter required of a guardian appointed by the judge of pro- bate. - The above is sec. 11, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8707, C. L. '97. INSANE AND FEEBLE-MINDED. 135 * * º: (311) SEC. 12. The judge of probate of any county, upon a proper showing, upon such notice as he shall direct, pend- ing any application for the appointment of a general guardian as aforesaid, or pending any appeal or litigation in relation to the appointment of such general guardian, may, if he shall deem it fit and proper, under the circumstances of the case, appoint a special guardian of such person. Such special guardian shall in proper cases and when so ordered by the court, have the care and custody of the person of his ward and the management of all his estate, and shall give the security specified in the next section. He shall hold his office until the question of appointment of a general guardian be decided, or until he shall be discharged by the judge of pro- bate. - The above is sec. 12, chap. lviii, of the judicature act of 1915, and super- '97. sedes secs. 8710-S711, C. L. '9 (312) SEC. 13. Every guardian shall give bond, with surety or sureties, to the judge of probate, in such sum as the judge shall order with condition as follows: 1. To make a true inventory of all the real estate, and of all the goods, chattels, rights and credits of the ward, that shall come to his possession or knowledge, and to return the same into the probate court at such time as the judge shall order; - 2. To dispose of and manage all such estate and effects Special guardian. Duties. Bond of guardian. according to law, and for the best interest of the ward, and faithfully to discharge his trust as such guardian ; 3. To render an account on oath, of the property in his hands, including the proceeds of all the real estate which may be sold by him, and of the management and disposition of all such property, within one year after his appointment, and at least once each year thereafter, and at such other times as the judge of probate shall direct; and 4. At the expiration of his trust to settle his accounts with the judge of probate, or with the Ward, or his legal representatives, and to pay over and deliver all the estate and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto. The above is Sec. *P. lviii, of the judicature act of 1915, and super- sedes sec. 8704, C. L. (313) SEC. 14. Upon the taking of the inventory, requir- ed by the preceding section, the estate and effects comprised therein shall be appraised by two or more suitable persons, to be appointed and sworn in like manner as is required with respect to the inventory of the estate of a deceased testator or intestate: Provided, That no such appraisal need be had if such estate shall consist entirely of money; and every guardian shall account for and dispose of the personal estate Appraisal of estate. Proviso, when appraisal un- IleCeSSary. 136 LAWS RELATING TO THE Allowance for defending. Guardian to pay debts, etc. Guardian to settle accounts and collect debts due. of the ward, in like manner as is directed with respect to executors and administrators. The above is sec. 14, chap. lviii, of the judicature act of 1915, and super- sedes sec. 87.21, C. L. '97. (314) SEC. 17. When a guardian shall be appointed for an insane person or a spendthrift, the judge shall make an al- lowance to be paid by the guardian, for all reasonable ex- penses incurred by the ward in defending himself against the petition. The above is sec. 17, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8715, C. L. '97. (315) SEC. 19. Every guardian appointed under the pro- visions of this chapter, whether for a minor or any other person, shall pay all just debts due from the ward and all expenses incurred by any county, in the care, support or maintenance of such ward, upon the approval of the judge of probate, out of his personal estate, and the income of his real estate, if sufficient, and if not, then out of his real estate, upon obtaining license for the sale thereof, and disposing of the same in the manner provided by law. The above is sec. 19, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8717, C. L. '97. . (316) SEC. 20. Every such guardian shall also settle all accounts of the ward, and demand, sue for and receive all debts due to him, or may, with the approbation of the judge of probate, compound for the same, and give a discharge to the debtor, on receiving a fair and just dividend of his estate Management of estate. Guardian’s assent to partition or dower. and effects; and he shall appear for and represent his ward, in all legal suits and proceedings, unless where another per- son is appointed for that purpose as guardian or next friend. The above is sec. 20, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8718, C. L. '97. (317) SEC. 22. Every guardian shall manage the estate of his ward frugally and without waste, and apply the income and profits thereof, as far as may be necessary, for the com- fortable and suitable maintenance and support of the Ward, and his family, if there be any ; and if such income and profits shall be insufficient for that purpose, the guardian may sell the real estate, upon obtaining a license therefor as provided by law, and shall apply the proceeds of such sale, so far as may be necessary, for the maintenance and support of the ward, and his family, if there be any. The above is sec. 22, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8719, C. L. '97. (318) SEC. 23. The guardian may join in and assent to a partition of the real estate of the ward in the cases, and in INSANE AND FEEBLE-MINDED. 137 * * the manner provided by law, and he may also assign and set out dower in the said estate to any widow entitled thereto. The above is sec. 23, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8720, C. L. '97. (319) SEC. 24. The judges of probate in their respective counties, on the application of a guardian, or of any person interested in the estate of any ward, after such notice to all persons interested therein as the judge of probate shall di- rect, may authorize or require the guardian to sell and trans- fer any stock in public funds, or in any bank or other cor- poration, or any other personal estate or effects held by him as guardian, and to invest the proceeds of such sale, and also any other moneys in his hands, in real estate, or in any other manner that shall be most for the interest of all concerned therein; and the said probate court may make such further orders, and give such directions, as the case may require, for managing, investing and disposing of the estate and effects in the hands of the guardian. The above is sec. 24, chap. lviii, of the judicature act of 1915, and supersedes sec. 87.22, C. L. '97. (320) SEC. 25. When any guardian, appointed either by a testator or the judge of probate, shall become insane, or otherwise incapable of discharging his trust, or evidently unsuitable therefor, or shall neglect to perform any duty im- posed on him by law, or the order of the court, the judge of probate, after notice to such guardian, and all others inter- ested, may remove him; and every guardian may, upon his request, be allowed to resign his trust, when it shall appear to the judge of probate proper to allow the same; and upon every such resignation or removal, and upon the death of any guardian, the judge of probate may appoint another in his place. The above is sec. 25, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8723, C. L. '97. (321) SEC. 26. The marriage of any female who is under guardianship, as a minor, shall terminate such guardianship as to the guardian’s care and custody of the person of his ward; but such guardian shall continue the management of all the estate of his ward until she shall arrive at the age of twenty-one years, unless he shall be sooner discharged by the judge of probate; and the guardian of any minor, spend- thrift, insane or other person, may be discharged by the judge of probate, when it shall appear to him on application of the ward, or otherwise, that such guardianship is no longer nec- essary. And the probate court shall have power to appoint guardians of infant married women on proper application therefor. - - - The above is sec. 26, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8724, C. L. '97. Transfer of Stocks, etc. Removal of guardian. Resignation. Marriage of female ward. 138 LAws RELATING TO THE Proceedings in case of embezzlement, etc. Bond of guardian of non-resident. First guard- ianship granted to extend to whole estate. Guardian's compensation. Account of joint guard- ians. Guardian to have custody. (322) SEC, 27. Upon complaint made to the judge of pro- bate by any guardian, or by the ward, or by any creditor or other person interested in the estate, or by any person having any prospective interest therein, as heir or otherwise, against any one suspected of having concealed, embezzled or conveyed away any of the money, goods or effects, or any instrument in writing belonging to the ward, the judge may cite and ex- amine such suspected person, and proceed with him as to such charge, in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased testator or intestate. The above is sec. 27, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8728, C. L. '97. - (323) SEC. 28. Every guardian of a person residing with- out this state and having an estate within this state, shall give bond to the judge of probate, in like manner, and with the like condition, as is hereinbefore provided with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian shall be confined to such estate and effects as shall come to his hands in this State. - The above is sec. 28, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8731, C. L. '97. - (324) SEC. 29. The guardianship which shall be first lawfully granted of any person residing without the state, shall extend to all the estate of the Ward within the same, and shall exclude the jurisdiction of the probate court in every other county. The above is sec. 29, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8732, C. L. '97. (325) SEC. 30. Every guardian shall be allowed the amount of his reasonable expenses incurred in the execution of his trust, and he shall also have such compensation for his services, as the court in which his accounts are settled, shall deem to be just and reasonable. The above is sec. 30, chap. lviii, of the judicature act of 1915, and supersedes sec. 8733, C. L. '97. (326) SEC. 31. When an account is rendered by two or more joint guardians, the judge of probate may, in his discre- tion, allow the same upon the oath of any one of them. The above is sec. 31, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8734, C. L. '97. (327) SEC. 32. Every guardian appointed under the pro- visions of the sixth subdivision of section one of this chapter, shall have the care and custody of the person of his ward, and upon the order of the judge of probate, may cause him º INSANE AND FEEBLE-MINDED. 139 * & º: or her to be taken to and restrained in any suitable state institution, asylum, hospital for medical or sanitary treat- - ment or care, or hospital for the insane. The above is sec. 32, chap. lviii, of the judicature act of 1915, and super- sedes sec. 4, of act 94, P. A. 1913. (328) SEC. 33. Every such guardian shall at least once Report. in each year, and as often as required by the judge of pro- bate, render a report to the judge of probate, verified by his oath, showing the condition of his ward, what medical or sanitary treatment or care he or she has been subjected to, and what reason, if any, there is for the continuance of such guardianship. The above is sec. 33, chap. lviii, of the judicature act of 1915, and super- sedes sec. 5, of Act 94, P. A. 1913. - (329) SEC. 34. The rate of charge for insane patients, Charges for and the rules for admission of insane patients, so far as not jºis, inconsistent, shall apply to such patients as are committed under the provisions of section thirty-two of this chapter. The above is sec. 34, chap. lviii, of the judicature act of 1915, and super- sedes sec. 6, of Act 94, P. A. 1913. (330) SEC. 35. In all cases where any guardian and his Removal of ward may both be residents of any other state or territory of ºil the United States, and such ward may be entitled to prop- ward. erty of any description in this state, such guardian on pro- ducing to the probate court or other court of competent jurisdiction of the county in which such property or the principal part thereof is situated, a full and complete tran- script from the records of a court of competent jurisdiction in the state or territory in which he and his ward reside, duly exemplified or authenticated, showing that he has been appointed guardian of such ward, and that he has given a bond and security in the state or territory in which he and his ward reside, in double the value of the property of such ward, and also showing to such court that he still remains such guardian, and that a removal of the property of such Ward will not conflict with the terms and limitations attend- ing the right by which the ward owns the same, or be or become prejudicial to his interest therein, then such tran- script may be entered of record in such court, and such guardian shall be entitled to receive letters or a certificate of guardianship of the estate of such ward from such court, which shall authorize him to demand, sue for, and recover any such property and remove the same to the place of resi- dence of himself and his ward; and such court may order any resident guardian, executor, or administrator having any of the estate of such ward to deliver the same to such non-resident guardian : Provided, All debts in favor of resi- Proviso, - - - - - - ent of dents or citizens of this state known to exist against such #. 140 LAWS RELATING TO THE Proviso, state comity. When preceding Section does not apply. Ward, change of residence, etc. Proviso, consent of court. Jurisdiction of probate courts. estate, whether due or to become due, have been first paid or payment tendered: And provided also, That the benefit of this section shall not extend to any resident of any state or territory in which a similar law to this does not now exist or may not hereafter be passed. The above is sec. 35, chap. lviii, of the judicature act of 1915, and super- sedes sec. 8744, C. L. '97. (331) SEC. 36. The preceding section shall not apply to any case where the parent of the ward, being a resident of this state at the time of his death, shall have appointed by last will and testament a guardian or guardians for said Ward, and which guardian or guardians are still living and residing in this state; unless the assent of such testamentary guardian or guardians to the removal of said property shall be satisfactorily shown to the court to which application shall be made as hereinbefore provided. The above is sec. 36, chap. lviii, of the judicature act of 1915, and super- - sedes sec. 8745, C. L. '97 (332) SEC. 37. When minors, incompetent or other per- sons shall have had a guardian duly appointed by the pro- bate court of any county in this state, and such ward shall have become a resident of and have obtained a legal domicile in another county, a guardian may be appointed over said ward by the probate court of the county of such domicile: Provided, That such guardian shall not be appointed with- out the consent of the probate court which appointed the previous guardian. Upon the appointment of such guardian, the guardian first appointed shall account to the guardian appointed in the new domicile of the ward, and shall turn over to such guardian all the property and estate in his hands, belonging to said ward; and upon such accounting and turning over of all such property and estate, he shall be discharged as such guardian. The above is sec. 37, chap. lviii, of the judicature act of 1915, and super- sedes sec. 1, of Act 195, P. A. 1911 APPOINTMENT OF GUARDIAN BY PROBATE JUDGE. [Extract from Judicature Act of 1915.1 (333) SECTION 1. Each judge of probate shall have juris- diction : 1. Of all matters relating to the settlement of the estates of all deceased persons, whether testate or intestate, who were at the time of their decease inhabitants of, or residents INSANE AND FEEBLE-MINDED. 141 º: in his county, and of all who shall die without the state leav- ing any estate within such county to be administered; 2. Of trusts and trustees in the execution of Wills and ad- ministration of estates of deceased persons; 3. To appoint guardians to minors and others in the cases prescribed by law, and of the settlement of the estates of such minors and others under guardianship; 4. Of all cases of juvenile delinquents and dependents; 5. And shall have and exercise all such other powers and jurisdiction as are or may be conferred by law; 6. And to that end he may, upon the filing in said court of a petition therein, within ninety days of the original hear- ing, or of the rendering or making of any order, sentence or decree, as the case may be, and after due notice to all parties interested, grant rehearings, and may modify and set aside orders, sentences and decrees rendered in such court: Pro- Proviso, vided, however, That the jurisdiction conferred by this sec- §. tion shall not be construed to deprive the circuit court in chan-ºcery cery in the proper county of concurrent jurisdiction as originally exercised over the same matter. The above is sec. 1. chap. li of the judicature act of 1915, and supersedes sec. 651, C. L. '97. - APPEALS FROM CERTAIN ORDERS OF PROBATE, ETC., COURTS- [Extract from Judicature Act of 1915.1 (334) SEC. 16. The husband, wife or next of kin of any when person under guardianship, may appeal from any order of ºes, the probate court or the circuit court in chancery, allowing º” the account of the guardian or guardians of such person under guardianship or any other order of such courts directing or sanctioning any action of such guardian affecting the estate of such person under guardianship, upon the same terms and conditions as are or may be provided by statute for ap- peals from other orders of such courts, such appellant being hereby authorized to prosecute such appeal in any court into which said proceedings may be removed the same as any. other person appealing. The above is sec. 16. chap. lxv, of the judicature act of 1915. and supersedes sec. 700, C. L. '97. - - 142 LAWS RELATING TO THE Guardian ad litem. Oath and compensation of guardian. Effect of decree. Partition by ardians of unatics, etc. Inquiry by commissioner. GUARDIAN AD LTEM. [Extract from Judicature Act of 1915. I (335) SEC. 37. When, upon filing or hearing of an account of a trustee in a probate court, or any petition allowed by this chapter to be filed in such court, it appears to the court that the interest of a person unborn, unascertained or legally incompetent to act in his own behalf is not represented other- Wise than by the trustee, the court may, and upon the request of any person interested shall, appoint some competent and disinterested person to act as guardian ad litem for such person and to represent his interests in the matter. The per- son so appointed shall make oath to perform his duty faith- fully and impartially and shall be entitled to such reason- able compensation for his services as the court may allow. (336) SEC. 38. The decree of the court having jurisdiction allowing any account of a trustee shall, except in cases of fraudulent concealment or fraudulent misrepresentation on the part of the trustee, be final and conclusive against all persons interested in such account and legally competent at the date of such decree, and against all other persons who are or may become interested therein, although unborn, unas- certained or legally incompetent to act in their own be- half, if their general guardian or guardian ad litem has, after having been duly appointed, assented to such account, or has been heard thereon, or been notified of the hearing thereon; but such decree may be appealed from in the manner pro- vided in the next section of this chapter. The above are sections 37 and 38, chap, lxi, of the judicature act of 1915, and supersede respectively secs. 40 and 41, of Act 253, P. A. 1899. PARTITION OF LANDS OF INSANE, ETC., PERSONS. [Extract from Judicature Act of 1915. I (337) SEC. 73. Whenever it shall appear to the court, on the application of the guardian of any idiot, lunatic, spend- thrift, or person mentally incapable of managing his affairs, holding any estate in joint tenancy or in common, or in any other manner to authorize his being made a party to a suit in partition, that the interest of such idiot, lunatic, or other person aforesaid, or any of the parties interested in such estate, requires a partition thereof, it shall be referred to a circuit court commissioner to inquire into and report upon the circumstances. & INSANE AND FEEBLE-MINDED. 143 º (338) SEC. 74. Upon the coming in of the report, and a hearing and examination of the matter, the court may author- ize such guardian to agree to a partition of such estate, and to execute releases of the right of such idiot, lunatic, or other person as aforesaid, in and to the shares of such estate fall- ing to the other joint tenants, or tenants in common. (339) SEC. 75. Such releases shall be as valid and effectual to convey the share of such idiot, lunatic, or other person as aforesaid, as if the same had been executed by them respec- tively, when of sound mind and understanding, and not sub- ject to guardianship, and for a valuable consideration. The three sections above—secs. 73-75, chap. xxxi, of the judicature act of 1915, supersede respectively secs. 11088, 11089 and 11090, C. L. '97. CONVEYANCE OF LANDS AND SALE, ETC., OF ESTATES BY INSANE, ETC., PERSONS. [Extract from chap. xix, Judicature Act of 1915. 340) SEC. 39. Whenever any infant, idiot, lunatic, or other incompetent person shall be seized or possessed of any lands, tenements, or hereditaments, by way of mortgage, or in trust only for others, the court of chancery for the county where such property is situated, or in which such infant, idiot, lunatic, or other incompetent person may be, on the petition of the guardian of such infant, idiot, lunatic, or other incompetent person, or on the application by bill or petition of any person in any way interested, may order and compel such infant, idiot, lunatic, or other incompenent person to convey and assure such lands, tenements and hereditaments to any other person, in such manner as the said court shall direct. (341) SEC. 40. Every conveyance or assurance, made pur- Suant to such order, shall be as good and effectual in law as if the same were made by such infant, idiot, lunatic, or other incompetent person, when of lawful age and of sound mind. (342) SEC. 41. Any infant, idiot, lunatic, or other in- competent person, seized of any real estate, or of any interest therein, either in fee or as tenant for life or years, may apply to the circuit court in chancery for the county where the property may be situated, if the infant, idiot, lunatic, or other incompetent be not a resident of this state, and if a resident of this state, then to the circuit court in chancery of the county in which he may be a resident, or in which the property may be situated, for the sale or disposition of such property, in the manner hereinafter directed. If the appli- cant has a guardian, then the application shall be made by such guardian, and if he has no guardian, or the guardian - Releases, court may authorize. Effect of releases. Court of chancery may order Conveyance of lands, etc., by. Conveyance effectual in law. Sale or disposition of real estate. Application, how made. 144 LAWS RELATING TO THE Appointment of guardian, if necessary. Bond of guardian. Prosecution of bond. Inquiry into merits. Order of court. Discharge of incumbrance. is a non-resident, application may be made by a next friend, who may be authorized to act as such by said court. Such next friend shall be appointed in accordance with the pro- visions of sections twenty-eight and twenty-nine of chapter twelve of this act, relating to the appointment of next friends for infants and persons insane, or otherwise mentally incom- petent. - (343) SEC. 42. On such application the court shall, if necessary, appoint one or more suitable persons to be guard- ians of such infant, idiot, lunatic, or other incompetent per- son, in relation to the proceedings on such application. (344) SEC. 43. The guardian shall give bond to such in- fant, idiot, lunatic, or other incompetent person, to be filed with the clerk, in such penalty, with such sureties, and in such form as the court shall direct, conditioned for the faith- ful performance of the trust reposed; for the paying over, investing and accounting for all moneys that shall be received by such guardian according to the order of any court hav- ing authority to give directions in the premises, and for the observance of the orders of the court in relation to the said trust. - (345) SEC. 44. If such bond be forfeited, the court shall direct it to be prosecuted for the benefit of the party injured. (346) SEC. 45. Upon the filing of such bond, the court may proceed in a summary manner, on oral or other testi- mony, or by reference to a circuit court commissioner to in- quire into the merits of such application. - (347) SEC. 46. Whenever it shall appear satisfactorily that a disposition of any part of the real estate of such in- fant, idiot, lunatic, or other incompetent person, or of his in- terest in any term of years, is necessary and proper, either for the support and maintenance of such infant, idiot, lunatic or other incompetent person, or for his education, or that the interest of such infant, idiot, lunatic or other incompetent person requires or will be substantially promoted by such disposition, on account of any part of his said property be- ing exposed to waste or dilapidation, or on account of its being wholly unproductive, or for any other peculiar reasons or circumstances, the court may order the letting for a term of years, the sale, exchange or other disposition of such real estate or interest, to be made by the guardians of such in- fants, idiots, lunatics or other incompetent persons, in such manner and with such restrictions as shall be deemed ex- pedient. (348) SEC. 47. Whenever it shall be made to appear to the court that it will be manifestly for the interest and ad- vantage of any infant, idiot, lunatic or other incompetent person that any incumbrance upon the real estate of such person should be purchased and discharged, in whole or in part, the court may authorize the guardian of such person * - INSANE AND FEEBLE-MINDED. 145 to purchase and discharge the same, and if necessary, to sell and dispose of such part of the real estate of such per- son as may be necessary for that purpose: Provided, Such purchase and discharge shall in no way be construed as vesting in said guardian any right, title or interest in such premises, to the prejudice of such person. (349) SEC. 48. But no real estate or term for years shall be sold, leased or disposed of in any manner against the pro- visions of any last will, or of any conveyance, by which such estate or term was devised or granted to such infant, idiot, lunatic, or other incompetent person. - (350) SEC. 49. Upon an agreement for sale, leasing or other disposition of such property, being made in pursuance of such order, the same shall be reported to the court on the oath of the guardian making the same; and if it be confirmed, a lease or conveyance shall be executed under the direction of the court. (351) SEC. 50. All sales, leases, dispositions and con- veyances made in good faith by the guardian in pursuance of such order, when so confirmed, shall be valid and effectual as if made by such infant, idiot, lunatic, or other incompetent person when of lawful age and of sound mind. (352) SEC. 51. From the time of such application to the court, the infant, idiot, lunatic, or other incompetent person shall be considered as a ward of the court so far as relates to such property, its proceeds and income; and the court shall Proviso, title of premises. How real eState not to be disposed of. Report of sale, etc., to Court. Sales, etc., , . valid and effectual. Incompetent to be ward of court. make orders for the application and disposition of the proceeds of such property and for the investment of the surplus belong- ing to such infant, idiot, lunatic, or other incompetent per- son, so as to secure the same for his benefit, and shall direct a return of such investment and disposition to be made on oath, as soon as may be, and shall require accounts to be rendered periodically, by any guardian or other person who may be entrusted with the disposition of the income of such proceeds. - - (353) SEC. 52. No sale made as aforesaid of the real estate of any infant, idiot, lunatic, or other incompetent person, shall give to such infant, idiot, lunatic, or other incompetent person, any other or greater interest or estate in the pro- ceeds of such sale than he had in the estate so sold; but the said proceeds shall be deemed real estate of the same natur as the property sold. - (354) SEC. 53. If the real estate of any infant, idiot, lunatic or other incompetent person, or any part of it shall be subject to dower, and the person entitled to such dower shall consent in writing to accept a gross sum in lieu there- of, or the permanent investment of a reasonable sum, in such manner as that the interest thereof be made payable to the person entitled to such dower, during life, the court may direct the payment of such sum in gross or the investment Proceeds of sale deemed real estate. Dower, gross Sunn Ot investment, in lieu of. 19 - 146 LAWS RELATING TO THE Release of right of dower. When decree of performance made. Proceedings to conform with law for executors, etc. Guardians for minors and agents for non- residents to be appointed. of such sum as shall be deemed reasonable and shall be ac- ceptable to the person entitled to such dower, in manner aforesaid; which sum so paid or invested shall be taken out of the proceeds of the sale of the real estate of such infant, idiot, lunatic, or other incompetent person. (355) SEC. 54. Before any such sum shall be paid, or such investment made, the court shall be satisfied that an effectual release of such right of dower has been executed. The above 16 sections are sections 39 to 54, chap. xix, of the judicature act of 1915, and supersede respectively secs. 532–547, C. L. '97. WHEN GUARDIAN TO CONVEY CERTAIN REAL ESTATE. [Extract from Judicature Act of 1915. (356) SEC. 13. When any person who is bound by a con- tract in writing to convey real estate, shall subsequently be- come insane, incompetent or a spendthrift, and a guardian shall have been duly appointed for such person, before the making of the conveyance of such real estate, the probate court may make a decree authorizing and directing such guardian to convey such real estate to the person entitled thereto, in all cases where such ward, if competent, might be compelled to execute such conveyance. The above is section 13, chap. lx, of the judicature act of 1915, and super- sedes secs. 8746 and 9366, C. L. '97, and Act 227, P. A. 1911. (357) SEC. 14. All the proceedings in such cases shall conform as nearly as possible to the statutes authorizing the specific performance by executors and administrators of the contracts of deceased persons for the conveyance of real estate as contained in this chapter. The above is section 14, chap. lx, of the judicature act of 1915, and super- sedes sec. 8747, C. L. '97. PARTH THON, ETC., OF ESTATES OF INSANE, ETC., PERSONS. [Extract from Judicature Act of 1915.1 (358.) SEC. 14. Before any partition shall be made, or any estate divided, as provided in this chapter, guardians shall be appointed for all minors and insane persons inter- ested in the estate to be divided ; and some discreet person shall be appointed to act as agent for such parties as shall reside out of the state, if they do not appear; and notice of * INSANE AND FEEBLE, MINDED. 147 - * - --> state, of all minors and other persons under guardianship, the appointment of such agents shall be given to the com- missioners in their warrant; and notice shall be given to all the parties interested in the partition, their guardians or agents, by the commissioners, of the time when they shall proceed to make partition. The above is sec. 14, chap. lvii, of the judicature act of 1915, and super- sedes sec. 9454, C. L. '97. - OF THE PARTITION OF LANDS. [Extract from Judicature Act of 1915.1 (359) SEC. 13. The general guardians residing in this Guardians for minors, etc. who should be parties to such proceedings for partition, upon giving bond as hereinafter directed, shall represent their re- spective wards therein, whether such wards shall reside in or out of this state, and the court, shall appoint guardians Guardians for all such minors who shall be interested in the premises, * * as have no general guardians in this state, for the special purpose of taking charge of the interests of such minors, in relation to the proceedings; and the acts of all such guard- Effect of acts ians of minors, or others under guardianship, shall be bind. * * ing on their respective wards, and shall be as valid as if done by them respectively when of full age, or under no legal incapacity. - (360) SEC. 14. Every such guardian shall give bond to Bond of the people of this state to be filed with the clerk of the court, * in such penalty, and with such surety as the court shall di- rect; conditioned for the faithful performance of the trust reposed in such guardian, and to render a just and true ac- count of his guardianship in all courts and places when there- unto required, and for the observance of the orders of the courts in relation to the said trust. (361) SEC. 15. When a bill shall be filed for the partition on failure of or sale of any lands in pursuance of this chapter, and any flºº of the defendants therein are minors, or other persons under ... guardianship, and the general guardian or person appointed guardian by the court, shall fail to give the security herein- before required, it shall be the duty of the court, on the appli- cation of the plaintiffs, to appoint the clerk of said court the guardian of such minors or other persons, for the purpose of such partition, and to dispense with the securities herein- before required. The above are secs. 13–15 of chap. xxxi of the judicature act of 1915, and supersede respectively secs. 11025-11027, C. L. '97. 148 LAWS RELATING TO THE Sale of real estate. When may be sold. Proviso, approval of application. Further proviso, petition for sale by . majority in interest. SALE OF REAL ESTATE BY GUARDIANS, ETC. An Act to provide for the sale of real estate or any interest therein, under license of the probate court, by executors, administrators and guardians. [Act 209, P. A. 1909.] The People of the State of Michigan enact: (362) SECTION 1. Real estate of a deceased person or any interest therein, may be sold upon petition of the executor or administrator under license of the probate court in the fol. lowing cases: 1. When it shall appear to the court that the personal estate of a deceased person in the hands of his executor or administrator is insufficient to pay the debts of the deceased and the charges of administering his estate, or whenever it shall appear to the court that it is for the best interest of all persons interested in the estate that his real estate or some part thereof be sold for such purpose in lieu of dis- posing of the personal estate; - 2. When it shall appear to the court that a sale of such real estate is necessary to preserve the estate or to prevent a sacrifice thereof, or to carry out the provisions of a will; 3. When a testator shall have given any legacy by will that is effectual to pass or charge real estate, and his per- sonal property is insufficient to pay such legacy, together with his debts and charges of administration; - 4. When a testator shall have given real estate to two or more persons, or when a person shall have died intestate, and it shall appear to the court that it is necessary or will be for the best interests of the persons interested in said real estate as such devisees, legatees or heirs, to sell the same for the purpose of distribution : Provided, That applica- tion under this subdivision shall be approved in Writing by the persons owning a majority in interest of the real estate proposed to be sold, which approval may be given by the guardians of persons under guardianship. In case of sale under any of the subdivisions of this section the widow, if any, shall not be entitled to a greater interest in the estate than she would have received had such real estate been dis- tributed instead of being sold : Provided further, That if it shall be made to appear to the probate court that persons owning a majority in interest of the real estate proposed to be sold are desirous of having such real estate sold for any of the purposes or reasons set forth in this section, and the executor or administrator neglects or refuses to petition for the sale as above provided, then and in such cases the court shall entertain a petition for such purpose from per- sons owning a majority in interest of such real estate and INSANE AND FEEBLE-MINDED. 149 * * the court may license such sale and make such order in the same manner as if petitioned by the executor or adminis- trator; and thereupon it shall be the duty of such executor or administrator to file a bond and make such sale in the same manner as if petition for such sale had been originally made by the executor or administrator, and the neglect or refusal of such executor or administrator to perform such order shall constitute sufficient cause for removal. - (363) SEC. 2. The real estate or any interest therein of any person under guardianship may be sold under license of the probate court in the following cases: 1. When the personal property of such person is insuffi- cient to pay his just debts, together with the charges of managing his estate; - 2. When the personal property of such person is insuffi- cient to pay the expenses incurred by any county or by the state in the care, support or maintenance of such person, to- gether with the charges of managing his estate; 3. When the income of the estate of any person under guardianship is insufficient to maintain the ward and his family, or to educate the ward when a minor, or the children of such ward; - - 4. When it shall appear to the court that it would be for Sale of real estate of persons under guardianship. the benefit of the ward that his real estate or any part there- of be sold and the proceeds thereof reinvested. The above are sections 1 and 2, chap. lix, of the judicature act of 1915, and supersede sections 1 and 2 of Act 209, Public Acts of 1909. Sections 3 and 4 of this act were repealed by the judicature act. LiceNSE TO SELL, ETC., REAL ESTATE. [Extracts from Judicature Act of 1915.1 (364) SEC. 42. In any case where license to sell real estate is applied for, the judge of probate may, in his discretion, after due notice to all persons interested as required by this chapter, and after taking, or causing to be taken, the testi- mony of two or more credible and disinterested freeholders, under oath in writing administered by said judge of probate or by the judge of probate of the county in which the real Sale at private sale. estate is situated, grant a license to the executor, adminis- trator or guardian to dispose of said real estate at private sale, at the highest price obtainable, not less than the value thereof, as determined by said judge of probate, which sale shall be confirmed and approved by said judge of probate before any deed passing the title to said real estate so sold at private sale shall be valid and effectual: Provided, That said freeholders shall be well known to the judge tak- Proviso, credibility of freeholders. 150 LAWS RELATING TO THE Further proviso, oath and bond of executor, etc. Judges of probate may authorize borrowing In Oney. Proviso, to what estate applicable. for sufficient to pay such mortgage or other lien and the -- How order obtained. Specifications of order. ing such testimony to be credible witnesses and when taken by a judge not having the estate in charge shall be paid for and transmitted the same as depositions in other courts, and in either case such testimony shall be filed and kept with other papers relating to the sale of said real estate: And provided further, That the provisions of this chapter relating to the oath and bond of the executor, administrator or guardian before a sale shall be applicable to sales under the provisions of this section, and all other provisions of this chapter, except where plainly inapplicable, shall be applic- able to sales under this section. - The above is sec. 42, chap. lix, of the judicature act of 1915, and supersedes sec. 91.33, C. L. '97. (365) SEC. 49. The sevéral judges of probate may by order license and empower any executor, administrator or guardian, for the purpose of paying the debts of any deceas- ed person or ward or against the estate of any deceased person or ward, or paying the legacies provided in the last will of any deceased person, or supporting any ward, or mak- ing necessary repairs to buildings belonging to such estate or ward, or for the purpose of completing the erection of buildings begun by such deceased person or ward or by some person in his behalf or for his benefit, to borrow money by mortgaging or otherwise pledging the estate of such deceased person or ward, or any part thereof: Provided, The au- thority herein given to mortgage or pledge estate for the pay- ment of debts and legacies shall extend to such estate only as might be sold for such purpose, except a mortgage or other lien exists against the homestead of such deceased person or ward, in which case the executor administrator or guardian may be authorized to mortgage such homestead necessary expenses connected with such proceedings. (366) SEC. 50. Such order shall be obtained by a petition to the proper judge of probate, which petition shall contain the like statements as are required in a petition for license to sell such estate by an executor, administrator or guardian, of which application the same notice shall be given, with the same effect, as is required in the case of an order to sell the estate of deceased persons or wards; and such order shall specify the amount to be secured by such mortgage or other security, the rate of interest to be given, and the length of time for which such mortgage or other security shall be given, and also the description of the property to be mortgaged or otherwise pledged; which mortgage or other security the said executor, administrator, or guardian shall execute with all the formalities required by law for such Bond. Securities. - (367) SEC. 51. Before executing such order, such execu- tor, administrator or guardian, shall give bond in like man- ( INSANE AND FEEBLE-MINDED. 151 - * - - her and form, as near as may be, as is required from them by law, in case of the sale of such estate, to faithfully exe- cute the trust, and apply and account for moneys thereby received, and said proceedings of the said executor, admin- trator or guardian, in mortgaging or otherwise pledging such estate, shall be reported to the judge of probate, and by him be subject to be confirmed or vacated, and new proceedings to be had to the same extent and in the same manner as near as may be, as provided by law in the case of the sale of such estate. - - The three sections above are sections 49-51, chap. lix, of the judicature act of 1915, and supersedes respectively secs. 9138-91.40, C. L. '97. - CONSENT OF INSANE, ETC., PERSONS AS TO DESTRIBUTION OF PROCEEDS OF TRUST ESTATE. [Extract from Judicature Act of 1915.] (368) SEC. 91. When any of the persons entitled to share in the distribution of the proceeds of the sale of such trust estate shall be a minor, or insane, or incompetent to give their consent, or make such request, such division and dis- tribution shall not be made without the authority of the court as aforesaid, unless such minor, insane or incompetent person shall have a general guardian, in which event such general guardian, upon obtaining the authority of the court appointing such guardian to consent to such division and distribution, or request that the same shall be made by the trustee, shall have the same power and au- thority to consent to such division and distribution or make request therefor, and agree upon a method of effect- ing such division and distribution as a person of full age and otherwise competent to act in the premises could do. The authority of the court appointing such guardian to give such consent, or make such request, may be obtained by such guardian filing with such court a petition showing the cir- cumstances which it is deemed renders it to the advantage of such minor, insane or incompetent person to have such dis- tribution or division made. The above is sec. 91, chap. xxxi, of the judicature act of 1915, and super- sedes sec. 11106, C. L. '97. Action to be approved by judge of probate. Consent of . minor, insane or incompe- tent person. 152 . LAWS RELATING TO THE Authority given. Jurisdiction. Attorney general, duty of. Petition, what to set forth. PART V. CONDEMNATION OF PROPERTY. CONDEMINATION OF PROPERTY BY STATE. An Act to authorize proceedings by the state to condemn private property for public use. [Act 236, P. A. 1911.1 The People of the State of Michigan enact: (369) SECTION 1. It shall be lawful for the governor or any other person or persons, or any board of regents, board of control or other governing body of any state educational, penal or reformatory institution, when by law authorized to secure for the state or such institution, land as a site for any state building or buildings, state institution or public use, and for the board of regents, board of control or other governing body of any state institution desirous of obtaining the right of way over lands for the benefit of such state in- stitution, when such persons, board of regents, board of con- trol or other governing body, or a majority thereof shall have by resolution declared the taking thereof necessary for the public use of such state institution, to institute or cause to be instituted proceedings in the name and behalf of the state of Michigan against the land sought to be acquired, and against the owners and persons interested therein, in the circuit court of the county where the land is situated, for the purpose of acquiring by the state title to such land by judicial condemnation. And the said court in which such proceeding may be instituted, shall have and possess full juris- diction of the subject matter of such proceedings, and power to hear, adjudge, and determine all matters touching the proceed- ings, and the rights and interests of all concerned. (370.) SEC. 2. Upon request of the governor, board of regents, board of control or other governing body of any state institution, or other person or persons authorized as aforesaid, it shall be the duty of the attorney general of the state, or when directed by the attorney general, the prose- cuting attorney of the county where the land is situated, on behalf of the board of regents, board of control or other governing body, if a body corporate under the law of its creation, and in behalf of the people of the state of Michigan if such governing body is not a body corporate, of any state institution, to cause a petition to be made in the name of the people of the state of Michigan and filed in the proper court, signed by the attorney general, or prosecuting attor- ney of the county, and by the secretary of such governing INSANE AND ITEEBLE-MINDED. 153 * * º board, if a body corporate, and if not a majority of such trustees, board of control or other governing body, or other properly authorized person, as the case may be, addressed to the court setting forth, with reasonable certainty a de- scription of the land sought to be acquired, the names of all persons owning or having an interest therein, so far as disclosed by the records of titles of the county in which the land is situated, or can be ascertained from actual oc- cupants; that the petition is made and presented for the purpose of acquiring the title and ownership of the land described in the petition, to and for the use of the state of Michigan, and specifying generally the purpose for which it is to be used. And the petition shall ask that all persons interested in the premises, or any part thereof, be summoned to appear and answer the petition, and show cause, if any they have, against the same. Upon filing the petition, summons shall issue in accordance with the prayer thereof, against the persons named therein, returnable on a day to be named, which shall not be less than five days from the issuing and test thereof, and shall be served at least three days before the return day, by the sheriff or other officer authorized to serve process of summons, according to the rules and practice of the circuit court in other cases at law. If there are minors or persons of unsound mind in- terested in the premises, service may be made upon the guardian of any such person or the court may appoint a guardian ad litem for any such person, who may appear and defend for the person he represents. If there are non-resi- dent or absent persons upon whom service cannot be ob- tained within the county, the court may order service upon any such person wherever he may be found, and in such manner as may be directed. The person serving any such process on such non-resident or absent person shall make proof of service by affidavit, stating the place, time, and manner of service. Or the court may order and cause notice to be given to such absent or non-resident person, by publi- cation in such newspaper printed and published in the county as the court shall designate, and for such length of time as the court may think proper, not less than three Weeks, once in each week; and any such service out of the county, or notice by publication, shall be as effectual for all the pur- poses of such proceeding and in the condemnation of the Issue of SunOlin OIlS. Minors. Non- residents. Notice by publication. land as though the persons had been personally served with- in the county. (371) SEC. 3. When all the parties named in the petition have been summoned or notified, in the manner provided, and the time for their appearance shall have expired, the court shall hear any and all persons who shall have appeared and interposed objections to the petition or proceedings, and proceed to decide the questions raised, and may vacate the Hearing. 154 LAWS RELATING TO THE To appoint commis- SlonerS. Oath. Duty of Commis- S1OneTS. Jury. Talesmen. petition, or any part of the proceedings for cause, and may allow amendments of the petition, in form or substance, as the right of the matter shall demand. If any person hav- ing an interest in the land has been overlooked, or not summoned or notified, the court may continue the proceed- ings and cause such person to be served or notified. If the petition and proceedings are sustained, the court shall ap- point three commissioners, residents and freeholders within. the county, not interested or of kin to any of the persons interested in the land to ascertain and determine the neces- sity of the proposed public use, the necessity for using such property and the just compensation to be paid therefor by the state, which ought to be paid by the state to each of the owners and persons interested in the premises, as and for his, her or their just compensation for the land sought to be taken. Such commissioners before entering upon their duties as such shall take an oath in substantially the fol- lowing form : “We do each of us solemnly swear that we will faithfully and justly determine the public necessity of the proposed use, the necessity of taking the property de- scribed in the petition filed in this cause and the amount of Compensation which ought to be paid to each of the owners and persons interested in the premises described in said petition according to our best ability.” They shall visit the land sought to be acquired, shall ascertain the separate in- terest of each person owning or interested in any part of the premises, and the description of his or her separate interest in the parcel; shall hear, in the presence and under direction of the court, evidence touching the matters they are to find, brought forward by any person having an interest, and shall find all necessary facts to possess the court with the truth and right of the matter, but shall not be required to find what evidence was offered or given, and shall report to the court, in writing, their findings. Instead of commissioners, the court, with or without the request of any person inter- ested in any portion of the premises described in the petition, may, and upon the request of any such person shall, order a venire to issue to the sheriff, to summon twelve jurors who shall be residents and freeholders of the county where the land is situated, to attend at a time to be named, before the court, to serve as a jury. Any person interested in any part of the premises may object for cause to any of the jurors, but there shall be no peremptory challenge allowed. In case any juror fails to appear, is excused, or set aside from the panel, the court may order the sheriff, or other proper officer in attendance, to summon forth with the re- quisite number of talesmen to form the jury. The jury shall be sworn, as is required of commissioners, and they shall view the premises, hear evidence if offered, determine the necessity of the public use, the necessity for taking such 3. INSANE AND FEEBLE-MINDED. 155 property and the amount of compensation to be paid there- for and the same proceedings be had as near as may be, as hereinbefore required in reference to commissioners. (372) SEC. 4. The court shall hear objections, if any, to the report of the commissioners or jury, as the case may be, and may set aside the report and finding, or confirm the same, and if confirmed, shall enter a judgment of confirma- tion, and that all right, title, and interest of, in, and to the land and premises, vest in the state of Michigan: Pro- vided, That the state, within such time as shall be therein prescribed, shall deposit in the court the amount found by the report of the commissioners or jury, as the just com- pensation and damages to be paid to the owners and per- sons interested. If, within the time so prescribed, the state shall cause to be deposited the sum so found, the court shall thereupon enter an order and judgment that the title of the state in and to said land and every part thereof is perfect, and has become absolute, and may issue the necessary Writ of assistance, commanding the sheriff to deliver the posses- sion of such land to the state; and thereupon the title and right of the state to such land shall be absolute and binding against all persons whomsoever. The persons owning and interested in said land according to the report and finding aforesaid, shall be entitled, on applying to the court, to be paid on the order of the court the amount or sum to which they are respectively entitled, according to such report or finding; for the sum received they shall respectively give to the clerk their receipt, in writing, to be by the clerk forward- ed to the state treasurer. In case the state does not, within the time so prescribed, deposit in court the amount of com- pensation and damages awarded, the court shall order the proceedings dismissed, and the state take nothing thereby. In the proceedings authorized by this act the court shall, as to the practice and mode of proceedings, be governed by the rules applicable in cases at law, except as in this act other- wise expressly provided. The expense of the proceedings shall be paid by the state, and a certified copy of the record of the proceedings and judgment of the court shall, together with the record thereof in the office of the register of deeds of the county, be evidence in all courts and places. APPROPRIATION OF PROPERTY IN CITIES, ETC.–SERVICE OF SUMMONS. [Extract from Chap. xxv, Act 3, P. A. 1895.] (373) $ 3227. SEC. 6. Said summons shall be served by the Objections, hearing of. Proviso. Order and judgment. When proceedings dismissed. Expense. Serving of SummonS On city marshal, any member of the police force or any constable j 156 LAWS RELATING TO THE On minor or person of un- sound mind, guardian ad litem. Service of order of appearance on respond- ents not receiving SummonS. Alias and pluries SummonS. Affidavit of officer, proof of service. person of suitable age and discretion. of the city, at least five days before the return day thereof, upon all the respondents found within the county, by ex- hibiting the original and delivering a copy to each of them. If any respondent who is a resident of the county cannot be found, the summons shall be served by leaving a copy there- of at his or her usual or the last place of abode, with some If any minor or per- son of unsound mind is interested in the premises to be taken, service may be made on the guardian of such person, if any, and if there is no guardian, the probate court may appoint some discreet and proper person to be guardian ad litem of such person in such proceedings, and such guardian shall have authority to represent such person in said proceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute. If it shall appear on the return day of the summons that any respondent cannot be found within the county and has not been served in the manner provided, or is non-resident and has not voluntarily appeared, the court may make an order requiring such re- spondent or respondents to appear and show cause why the prayer of the petition should not be granted, on a day to be named in the order, and not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondents wherever found, if practicable, at least six days before the time named in order for appearance, or the court may make such order for appearance and require as to any or all such respondents who shall not have been personally served and have not ap- peared, that service be made by publishing a certified copy of such order for three successive weeks, at least once in each week, in at least one newspaper published within the munici- pality, the last publication to be at least six days before the day fixed in the order for appearance. Alias and pluries summons may be issued, and the probate court may adjourn the proceedings from time to time as there shall be occasion, and as in other civil cases. Service of such order for appear- ance in either mode described shall be sufficient notice of the proceedings to bind the respondents and the property repre- sented by them. The return of the officer upon the sum- mons and an affidavit of the due service or the publication of the order for appearance, if any, shall be filed with such pro- bate court before a jury shall be impaneled, and be sufficient evidence of service on the respondents and of the manner of SCPVICe. - Am. 1899, Act 136. INSANE AND FEEBLE-MINDED. 157 - [Extract from Chap. xii, Act 3, P. A. 1895.] (374) S 2915. SEC. 6. Said summons shall be served by the How and by village marshal or any constable of the county in which such village is located, at least five days before the return day thereof, upon all the respondents found within the county, by exhibiting the original and delivering a copy to each of them. If any respondent who is a resident of the county cannot be found, the summons shall be served by leaving a copy thereof at his or her usual or last place of abode, with some person of suitable age and discretion. If any minor or person of unsound mind is interested in the premises to whom served. be taken, service may be made on the guardian of such per- son, if any, and if there is no guardian the justice may ap- point some discreet and proper person to be guardian ad litem of such person in such proceedings, and such guardian shall have authority to represent such person in said pro- ceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute. And if it shall appear on the return day of the summons that any respondent cannot be found within the county and has not been served in the manner provided, or is a non-resident and has not voluntarily appeared, the court may make an order requiring such respondent or respondents to appear and show cause why the prayer of the petition should not be granted on a day to be named in the order, not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondents where- ever found, if practicable, at least six days before the time In case of failure of Service. named in the order for appearance, or the court may make such order for appearance and require, as to any or all such respondents who shall not have been personally served and have not appeared, that service be made by publishing a certi- fied copy of such order for three successive weeks, at least Once in each week, in at least one newspaper published within the village, if there be orie, and if not, then in some news- paper published at the county seat of the county in which such village is located, the last publication to be at least six days before the day fixed in the order for appearance. Alias and pluries summonses may be issued and the justice may adjourn the proceedings from time to time as there shall be occasion. Service of such order for appearance in either Imode prescribed shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The return of the officer upon the summons and an affidavit of the due service or the publication of the order for appearance, if any, shall be filed with such justice be- fore a jury shall be empaneled and be sufficient evidence of service on the respondents and of the manner of service. Am. 1903, Act 176. - Alias and pluries may ISSue. 158 LAWS RELATING TO THE [Extract from Act 124, P. A. 1883. ] Service of (375) $ 3396. SEC. 5. Said summons shall be served by SummonS, etc. When minor, etc., is interested. Guardian. When respondent is a non- resident. Personal Service. Service by publication. Alias and pluries Sunardon S. Return of officer. the sheriff, under sheriff, deputy sheriff of the county, or by any member of the metropolitan police of the city of Detroit, at least five days before the return day thereof upon all of the respondents found within the county, by exhibiting the original and delivering a copy to each of them. If any re- spondent who is a resident of the county cannot be found, the summons shall be served by leaving a copy thereof at his or her usual or last place of abode, with some person of suit- able age and discretion. If any minor or person of unsound mind is interested in the premises to be taken, service may be made on the guardian of such person, if any, and if there is no guardian the court may appoint some discreet and proper person to be guardian of such person in such proceedings; any such guardian shall have authority to represent such person in said proceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute. If it shall appear on the return day of the summons that any respondent cannot be found within the county and has not been served in the manner provided, or is a non-resi- dent and has not voluntarily appeared, the court may make an order requiring such respondent or respondents to ap- pear and show cause why the prayer of the petition should not be granted on a day to be named in the order not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondents wherever found, if practicable, at least six days before the time named in the order for appearance, or the court may make such order for appearance and require as to any or all such respondents who shall not have been per- sonally served and have not appeared, that service be made by publishing a certified copy of such order for three suc- cessive weeks at least once in each week in at least one news- paper published within the municipality or county, if there be one, and if not then in a paper published in the county nearest thereto, the last publication to be at least six days before the day fixed in the order for appearance. Alias and pluries summons may be issued and the court may adjourn the proceedings from time to time as there shall be occasion and as in other civil cases. Service of such order for appear- ance in either mode prescribed shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The return of the officer upon the sum- mons and an affidavit of the due service or the publication of the order for appearance, if any, shall be filed in the clerk’s office before a jury shall be empaneled and be sufficient evi- dence of service on the respondents and of the manner of service. INSANE AND FEEBLE-MINDED. 159 º SEPARATION OF HIGHWAY AND RAILROAD GRADES. [Extract from Act 92, P. A. 1893.] (376) $ 4240. SEC. 12. Said summons shall be served by the sheriff, under sheriff, or a deputy sheriff of the county, or in proceedings pending in the recorder's court or superior court of any city, by any member of the police force of such city, at least five days before the return day thereof upon all the respondents found within the county, by exhibiting the original and delivering a copy thereof to each of them. If any respondent who is a resident of the county, cannot be found, the summons shall be served by leaving a copy thereof at his usual or last place of abode with some person of suit- able age and discretion. If any minor or person of unsound mind is a respondent, service may be made on the guardian of such person, if there be one, and if there is no guardian, the court may appoint some discreet and proper person to be guardian of such person in such proceedings; and such guardian shall have the authority to represent such person in such proceedings, and the proceedings to appoint such guard- ian shall be the same as provided in chapter two hundred four of the compiled laws of eighteen hundred seventy-one of the state of Michigan. If it shall appear on the return day of the summons that any respondent cannot be found within the county and has not been personally served, or is a non- resident, and such respondent has not voluntarily appeared, or if the name of any person interested is unknown, the court may make an order for the appearance of all respond- ents who have not been personally served and have not ap- peared, at a date not less than thirty days from the date of Such order, and that service be made upon them by publishing a copy of such order, at least once in each week for three successive weeks, before the date set for said appearance, in a newspaper printed, published and circulated within the city or county as the case may be, and if there be no such paper, then in such paper as the court shall consider to be most generally circulated within the city or county. Alias and pluries summons may be issued and the court may ad- journ the proceedings from time to time as there shall be occasion and as in other civil cases. The return of the officer upon the summons and an affidavit of due publication of the order for appearance, if any, shall be filed in the office of the clerk of the court before a jury shall be impaneled and such a return of personal service or such affidavit shall be sufficient evidence of service on the respondents and of the manner of service, and such service shall bind the respond- Who to serve Sunannons. When respondent cannot be found. Summons served on guardian of minors. Service of SummonS made by publication. Affidavit of publication evidence of service. ents and unknown parties in interest and the property in which they are interested. - - 160 LAWS RELATING TO THE Summons served by Sheriff. Service on In IIlor. Respondent to show CauSe. Evidence of Service. IMPROVEMENT OF NAVIGATION, ETC. [Extract from Act 202, P. A. 1911.1 (377) SEC. S. Said summons shall be served by the sheriff, under sheriff, or deputy sheriff of any county within this state, at least five days before the return day thereof upon all of the respondents found within said county, by exhibit- ing the original and delivering a copy to each of them. If any respondent cannot be found within the county where he resides, the summons shall be served by leaving a copy thereof at his or her usual or last place of abode, with some person of suitable age and discretion. If any minor or person of unsound mind is interested in the premises to be taken, serv- ice may be made on the guardian of such person, if any, and if there is no guardian the court may appoint some discreet and proper person to be guardian of such person in such pro- ceedings; any such guardian shall have authority to represent such person in said proceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute. If it shall appear on the return day of the sum- mons that any respondent cannot be found within the county where he resides and has not been served in the manner pro- vided in this act, or is a non-resident of the state and has not voluntarily appeared, the court may make an order requiring such respondent or respondents to appear and show cause Why the prayer of the petition should not be granted on a day named in the order not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondents wherever found, if practicable, at least six days before the time named in the order for appearance, or the court may make such order for appearance as to any or all such respondents who shall not have been personally served and have not appeared, and may require in such order that service be made by pub- lishing a certified copy of such order for three successive weeks at least once in each week in at least one newspaper published within the county in which the petition is filed, if there be One, and if not then in a paper published in the county nearest thereto, the last publication to be at least six days before the day fixed in the order for appearance. Alias and pluries summons may be issued, and the court may adjourn the pro- ceedings from time to time as there shall be occasion and as in other civil cases. Service of such order for appearance in either mode prescribed shall be sufficient notice of the proceedings to bind the respondents and the property repre- sented by them. The return of the officer upon the summons and an affidavit of the due service or the publication of the order for appearance, if any, shall be filed in the clerk’s º INSANE AND FEEBLE-MINDED. 161 office before commissioners shall be appointed or a jury shall be impaneled, and shall be sufficient evidence of service on the respondents and of the manner of service. PUBLIC IMPROVEMENTS. | Extract from Act 149, P. A. 1911.] (378) SEC. 7. Said summons shall be served by the sheriff, summons, deputy sheriff, under sheriff of the county, if the petition is " ". filed in the circuit court, or if filed in any other court having jurisdiction, by any member of the police force of the city, at least five days before the return day thereof upon all of the respondents found within the county, by exhibiting the original and delivering a copy to each of them. If any re- spondent who is resident of the county cannot be found the summons shall be served by leaving a copy thereof at his or her usual or last place of abode with some person of suit- able age and discretion. If any minor or person of unsound In case of mind is interested in the property to be taken, service may be "" made on the guardian of such person if any, and if there be no guardian, the court may appoint some discreet or proper person to be guardian of such person in relation to said pro- ceedings, and such guardian shall have authority to represent such person in said proceedings, and the proceedings to ap- point such guardian shall be the same as in other cases pro- *vided by statute. If it shall appear on the return day of the Order for summons that any respondent cannot be founds within the * county and has not been served in the manner provided or is a non-resident and has not voluntarily appeared, the court may make an order requiring such respondent to appear and show cause why the prayer of the petitioner should not be granted, on a day to be named in the order, not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondent wherever found if practicable at least six days before the time named in the order for appearance; or the court may make such order for appearance and require as to any respondent who has not been personally served and has not appeared, that service be made by publishing a copy of §: such order for three successive weeks at least once in each §"* week in at least one newspaper published within the county, the last publication to be at least six days before the day fixed in the order for appearance. Alias and pluries summons may be issued and the court may adjourn the proceedings from time to time as there shall be occasion and as in other 21 162 LAWS RELATING TO THE Service of order. Court to examine pro- ceedings of commis- sioners. Issue citations. In case of minor, idiot, etc. civil cases. Service of such order for appearance in either mode prescribed shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The return of the officer upon the summons and an affidavit of due service or the publication of the order for appearance if any shall be filed in the clerk’s office before a jury shall be impaneled and be sufficient evidence of serv- ice on the respondents and of the manner of service. LOCATING DRA: NS. [Extract from Act 254, P. A. 1897.1 (379) $ 4323. SEC. 5. The court to whom such applica- tion is made shall make an examination at the time of such application of all the proceedings of the county drain com- missioner so far as had, and if such proceedings be found to be in accordance with the statute, such court shall at once appoint a time and place of hearing upon the applica- tion, which time shall be fixed not less than fifteen nor more than forty days thereafter, and the court shall issue a cita- tion to all persons whose lands are traversed by such drain, who have not released the right of way, and all damages on account thereof, to appear at the time and place designated in said citation, and be heard with respect to such application, if they so desire, and show cause, if any there be, why said application should not be granted, and any error or errors that may have been made in any of the proceedings thus far had shall be raised and taken advantage of at such time and before such court, and if not so raised and taken advantage of at such time and before such court shall be deemed to have been waived by all persons cited to appear under this notice. If any person on whom such service is to be made is a minor, under the age of fourteen years, or an incompetent person and resides in this state, such service shall be made as herein provided on his guardian, or if none, then on the person who may for such purpose be appointed special guardian and also on the person who has the care of, or With whom such minor or incompetent persons reside. In case any person whose lands are traversed by said drain is a minor or an incom- petent person and has no guardian, the said court or the judge of said court shall appoint a special guardian, to ap- pear for and attend to the interests of such minor or incom- petent person and all notices to be served in the progress of the proceedings shall be served on such special guardian. s -*. INSANE AND FEEBLE-MINDED. 163 SITES FOR SCHOOLHOUSES- [Extracts from Act 164, P. A. 1881.] (380) $4731. SEC. 4. Thirty days previous notice of the time when and the place where such jury will assemble shall be given by the district board of such district, where the owner or owners of such real estate shall be unknown, non-residents of the county, minors, insane, non compos mentis, or inmates of any prison, by publishing the same in a newspaper pub- lished in the county where such real estate is situated; or if there be no newspaper published in such county, then in some newspaper published in the nearest county where a newspaper is published, once in each week for four successive Weeks, which notice shall be signed by the district board or by the director or treasurer of such district, and shall describe the real estate required for such site, or for the enlargement thereof, and state the time when and place where such jury will assemble, and the object for which they will assemble; or such notice may be served on such owner personally, or by leaving a copy thereof at his last place of residence. Am. 1903, Acts 49 and 182. (381) ś 4735. SEC. S. In case the owner of such real estate shall be unknown, insane, non compos mentis, or an infant, or cannot be found within such county, it shall be lawful for the said school district to deposit the amount of such judgment with the county treasurer of such county, for the use of the person or persons entitled thereto; and it shall be the duty of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account for the same, as herein required: Provided, That no such money shall be drawn from such county treas- urer, except upon an order of the circuit court, circuit court commissioner, or judge of probate, as hereinafter provided. ACQUISITION OF REAL ESTATE BY RAHH-ROAD COMPANY., [Extracts from Act 198, S. L. 1873. ] (382) $ 6241. SEC. 16. In case any of the real estate required by said company for the purposes aforesaid is owned Notice of meeting of Jury. When owner is unknown, etc. Proviso, how money drawn . from county treaSurer. Acquisition of real estate etc., through guardians. - 164 LAWS RELATING TO THE May present petition to acquire title. To be in COImpany Ila, Iſle. What to show. Names, etc., of owners. Copy of petition, upon whom served. by a person insane, a minor, or otherwise incompetent and under guardianship, and such company and the guardian of such person shall agree upon a price for the same, and enter into a contract in writing therefor, the said guardian shall, upon the approval of the same by the probate court of the county in which the said real estate is situated, convey said real estate, in accordance with the terms of such contract, to said railroad company, and the deed thereof shall be valid in law to convey the title of such person under guardianship to said company, in accordance with the terms of said con- - tract. (383) $ 6243. SEC. 18. For the purpose of acquiring such title such company may present a petition to any court of record for such county, praying for the appointment of three commissioners. Said petition shall be in the name of the company, shall be signed by one of the directors, or the engineer or the attorney of said company on its behalf, and shall be verified by the oath of the person so signing the same, and shall contain the description of all the real estate, property or franchises, or so much thereof as the company seeks to acquire under such petition in said county; and that said company is duly incorporated; that it has a railroad, railroad bridge or railroad tunnel constructed, specifying the points from and to which the same is in operation, or that it is the intention of said company, in good faith, to construct, finish and maintain a railroad, railroad bridge or railroad tunnel from and to the places named for that purpose in its articles of association; that the capital stock of the com- pany has been in good faith subscribed as required by this act to organize such company; that the property described in the petition is required for the purpose of constructing, operating or repairing the railroad or its appurtenances, or the railroad bridge or tunnel or its appurtenances, as the case may be ; and that the taking thereof is necessary for the public use, and that the company has not been able to ac- quire title thereto, and the reason of such inability. The petition must also state the names and places of residence of the parties, so far as the same can with reasonable diligence be ascertained; who own, or have, or claim to own or have, estates or interests in said lands or property; and if any such persons are infants, their ages, as near as may be, must be stated, and if any of them are idiots, or persons of un- sound mind, or are unknown, it must be so stated, together with such other facts and allegations as to incumbrances or otherwise as will be sufficient to show who have or claim to have interests in said lands, real estate or property, and such other matters as the company may see fit to make. A copy of such petition, with a notice of the time and place when and where the same will be presented to such court, must be served on all persons whose interest will be affected - º INSANE AND FEEBLE-MINDED. 165 by the proceeding, at least ten days prior to the presentation of the same to the court, as follows, viz.: First. If the person upon whom service is to be made re- sides in this state, and is not an infant under the age of fourteen years, idiot or person of unsound mind, service of a copy of such petition and notice must be made on him or his agent or attorney authorized to contract for the sale of real estate described in the petition, personally, or by leav- ing the same at the usual place of residence of such person or agent, with some person of suitable age; and if he resides out of this state, but has such agent as aforesaid residing in this state, then such service may be made on such agent in the manner aforesaid, or upon him personally out of or within this state; or it may be by publishing a notice stating briefly the object of the application, and giving a description of the land, interest therein, or property to be taken, and in some paper published in the county in which the said lands or property are situated, if there be one, and if not, then in some weekly paper published in the city of Detroit once in each week for six successive weeks next previous to the pre- sentation of the petition; and if the residence of such per- son or persons residing out of this state be known, a copy of such petition and notice shall be deposited in the postoffice at least thirty days previous to presenting such petition, di- rected to such person at his place of residence, as near as may be, postage prepaid ; Second. If any person on whom such service is to be made is a minor under the age of fourteen years, or an idiot or person of unsound mind, and resides in this state, such service shall be made as aforesaid on his guardian, or if none, then on the person who has the care of, or with whom such infant, idiot or person of unsound mind resides; Third. If the person on whom such service is to be made be unknown, or his residence unknown, then such service may be made by publication for six weeks in the same man- ner provided in the first subdivision of this section, and the court or judge shall appoint an attorney to appear for and protect the rights of any such person; Fourth. In case any party to be affected by the proceed- ings is an infant, idiot or person of unsound mind and has no guardian, the said court, or the judge of said court, shall appoint a special guardian or committee to appear for and at- tend to the interests of such infant, idiot or person of un- Sound mind, and all notices to be served in the progress of the proceedings may be served on such special guardian ; Fifth. In all cases not otherwise provided for, service of orders, notices and other papers in the proceedings author- ized by this act may be made as the said court or judge may direct. Am. 1899, Act 266; 1901, Act 80. How served, etc. In case person IS minor, idiot, etc. In case. DeTSOIn 18 unknown. In case minor, idiot, etc., has no guardian. Other cases as judge may direct. 166 LAWS RELATING TO THE How property of minors, etc., obtained. How, acquired. INCORPORATION OF UNION: DEPOT COMPANIES. [Extracts from Act 244, P. A. 1881.1 (384) S 6360. SEC. 5. In case any real estate required by said company for the purposes of its incorporation is owned by a person insane, a minor, or otherwise incompetent and under guardianship, and such company and the guardian of such person shall agree upon a price for the same, and enter into a contract in writing therefor, the said guardian may, upon the approval of the same by the probate court of the county in which the said real estate is situated, convey said real estate in accordance with the terms of such contract to said railroad company, and the deed thereof shall be valid in law to convey the title of such person under guardianship to said company in accordance with the terms of said contract. (385) S 6362. SEC. 7. For the purpose of acquiring such title, such company may present a petition to any court of record for such county, praying for the appointment of three commissioners. Said petition shall be in the name of the company, and shall be signed by one of the directors, or the engineer, or the attorney of said company, on its behalf, and shall be verified by the oath of the person so signing the same, and shall contain the description of all the real estate, prop- erty or franchises, or so much thereof as the company seeks to acquire under such petition in said county; and that said com- pany is duly incorporated; that the capital stock of the com- pany has been, in good faith, subscribed, as required by this act, to organize such company; that the company has sur- veyed its depot grounds and the route of its proposed tracks in said county, and made a map and survey thereof, by which said depot ground and route is designated; and that it has located the same according to such survey, and filed a certifi- cate thereof, signed by a majority of the directors of said company, in the register's office of said county; that the prop- erty described in the petition is required for the purposes of its incorporation, and that the taking thereof is necessary for public use, and that the company has not been able to acquire title thereto, and the reason of such inability. The petition must also state the names and places of residence of the parties so far as the same can with reasonable dili- gence be ascertained, who own, or have, or claim to own, or have estates or interests in said lands or property; and if any such persons are infants, their ages, as near as may be, must be stated, and if any of them are idiots, or persons of unsound mind, or are unknown, it must be so stated, together with such other facts and allegations as to incumbrances or otherwise, as will be sufficient to show who have or claim to have interests in said lands, real estate or property, and INSANE AND FEEBLE-MINDED. 167 such other matters as the company may see fit to make. A copy of such petition, with a notice of the time and place, when and where the same will be presented to such court, must be served on all persons whose interests will be affected by the proceeding, at least ten days prior to the presentation of the same to the court, as follows, viz.: First, If the person on whom service is to be made resides in this state, and is not an infant, under the age of fourteen years, idiot, or person of unsound mind, service of a copy of said petition and notice must be made on him, or his agent, or attorney authorized to contract for the sale of real estate described in the petition, personally, or by leaving the same at the usual place of residence of such person or agent, with some person of suitable age; and if he resides out of this state, but has such agent as aforesaid residing in this state, then such service may be made on such agent in the man- ner aforesaid, or upon him personally out of or within this state; or it may be by publishing a notice stating briefly the object of the application, and giving a description of the land, interest therein, or property to be taken, and in some paper published in the county in which said lands or property are situated, if there be one, and if not, then in some weekly paper published in the city of Detroit, once in each week for six weeks next previous to the presentation of the petition; and if the residence of such person or persons residing out of this state be known, a copy of such petition and notice shall be deposited in the postoffice at least thirty days previ- ous to presenting such petition, directed to such person at his place of residence, as near as may be, postage prepaid ; Service of petition. Second, If any person on whom such service is to be made is a minor under the age of fourteen years, or an idiot, or per- son of unsound mind, and resides in this state, such service shall be made as aforesaid, on his guardian ; or if none, then on the person who has the care of, or with whom such infant, idiot, or person of unsound mind resides; Third, If the person on whom such service is to be made be unknown, or his residence unknown, then such service may be made by publication for six weeks in the same manner provided in the first subdivision of this section, and the court or judge shall appoint an attorney to appear for and pro- tect the rights of any such person; - Fourth, In case any party to be affected by the proceeding is an infant, idiot, or person of unsound mind, and has no guardian, the said court, or the judge of said court, shall ap- point a special guardian or committee to appear for and at- tend to the interests of such infant, idiot, or person of un- sound mind, and all notices to be served in the progress of the proceeding may be served on such special guardian ; Fifth, In all cases not otherwise provided for, service of orders, notices and other papers in the proceedings author- 168 LAWS RELATING TO THE When com- missioners appointed. ized by this act, may be made as the said court or judge may direct. HNCORPORATION OF PLANK ROAD compani Es. ... [Extracts from Act 155, S. L. 1851. I (386) S 6585. SEC. 14. Whenever such company shall be unable to agree with the owner or occupant of any such lands, whereon to construct such road, fixtures and appurte- nances, or if they cannot agree upon appraisers as aforesaid, or if said appraisers so agreed upon shall fail to make their award within the stipulated time, or if the owner or occu- pant of any such lands shall be a married woman, minor, in- sane person, an idiot, or a non-resident of this state, having no known agent with power to sell, the directors of such company may apply by petition to any court of record with- Appointed by court. Petition therefor. in any county, through any part of which the route of said road may run, at any session thereof legally held, for the appointment of three commissioners to ascertain and deter- mine whether it be necessary to the public interest to take such lands for the proposed road, and if so, to ascertain and determine the amount of damages therefor. Such petition shall briefly describe the route of said road, and shall state that such company have been unable to agree with certain owners or occupants of certain lands through which said road is to run, as to the necessity of taking such lands for the purposes of such road, or as to the amount of damages to be allowed therefor; but it shall not be necessary in such petition to describe particularly the lands nor the names of the owners, and if it shall appear to the court that previous public notice of such application has been published for three successive weeks in a newspaper published in said county, or if none in the county, then in the paper published nearest thereto, then such court shall forth with, or as soon as the business of such court will permit, proceed to hear and decide upon such application, and may hear any reason which they deem valid for or against the appointment of such commis- sioners, or of any commissioner which said court may name, and may hear any evidence applicable thereto; and if such court shall determine to appoint such commissioners, such court shall appoint three disinterested freeholders of said county, none of whom shall be residents of or owners of real estate in any township through which any part of such road shall run; and if it shall not be made to appear to such court that notice of such application shall have been given as afore- said, the hearing shall be adjourned either to the next term INSANE AND FEEBLE-MINDED. 169 thereof, or to such other day as shall be deemed proper that such notice may be given, after which such court shall proceed with the hearing, and appoint commissioners as aforesaid. (387) $ 6591. SEC. 21. If any person interested in lands or damages to be appraised by such commissioners, shall be a married woman, a minor, an idiot, an insane person, a non- resident of this state, or unknown, and there shall be no one duly authorized by law to act instead of any such person, the said commissioners shall appoint, by an order in writing, to be made and signed by them, some competent and suitable person who will consent to act (such consent shall be made in writing, signed by such person), to take care of the interest of such interested person, in respect to the proceedings to as- certain such damages; and all such notices as are required to be served on any owner or interested person residing in such county, shall be served upon the person so appointed, in like manner and with like effect as if served upon the owner or person interested; but any person so appointed to take care of the interests of any such non-resident or unknown owner, may be superseded by him or any person by him duly ap- pointed. (388) $ 6592. SEC. 22. In all cases of the appraisal of land authorized by this act, or of damages, and every pro- ceeding in relation thereto, in which the appointment of a person shall have been made in accordance with the provisions of the preceding section, the person so appointed shall be re- garded and treated in all respects as a party representing the interests of the person or persons owning or interested in the lands or damages to be appraised; and all proceedings in such cases shall be effectual and conclusive upon the party repre- sented by the person so appointed. - Appraisal of and of certain perSonS. Ibid. 170 LAWS RELATING TO THE Insanity pending action. Time of disability not included. Substitution of heirs, etc. PART VI. MISCELLANEOUS PROVISIONS. WHEN PARTHES TO ACTION BECOME INSANE. [Extract from Judicature Act of 1915.1 (389) SEC. 31. If, during the pendency of any action, either party shall become insane, the action may be prosecut- ed or defended by his guardian, in like manner as if it had been commenced after the appointment of the guardian, or the court may appoint a next friend or guardian to prosecute or defend the suit as the case may require. The above is sec. 31, chap. xii, of the judicature act of 1915, and supersedes sec. 101.33, C. L. '97. - ACTHON OF EJECTMENT. [Extract from Judicature Act of 1915.1 (390) SEC. 32. If the defendant in an action of ejectment, at the time of docketing the judgment therein by default, be either: 1. Within the age of twenty-one years; or 2. Insane; or - 3. Imprisoned upon conviction of a criminal offense for any term less than for life; - the time during which such disability shall continue, shall not be deemed any portion of the said two years; but any such person shall, on motion, be entitled to a new trial after that time, and within three years after such disability shall be removed, but not afterward. The above is sec. 32, chap. xxix, of the judicature act of 1915, and super- sedes sec. 10984, C. L. 97 (391) SEC. 33. If the person entitled to such new trial shall die during the continuance of any disability, specified in the preceding section, his heirs, executors or administra- tors may be substituted in such action, and shall be entitled to such new trial at any time within three years after his death. The above is sec. 33, chap. xxix, of the judicature act of 1915, and super- sedes sec. 10985, C. L. '97. INSANE AND FEEBLEMINDED. 171 |ACTION FOR WASTE. | Extract from R. S. 46, Ch. 116.1 (392) $ 11116. SECTION 1. If any guardian, or any tenant who liable to by the curtesy, tenant in dower, or for term of life or years, º' " or the assigns of any such tenant, shall commit or suffer any waste during their several terms or estates, of the houses, gardens, orchards, lands or Woods, or of any other thing be- longing to the tenements so held, without having a lawful li- cense in writing so to do, they shall respectively be liable to an action on the case for such waste. AcquirTAL BY REASON OF INSANITY. [Extract from R. S. 46, Ch. 165. I (393) $ 11953. SEC. 11. When any prisoner indicted for Whº, prisºner an offense, shall, on trial, be acquitted by the jury by reason *...* of insanity, the jury in giving their verdict of not guilty, * * shall state that it was given for such cause; and thereupon, if the discharge or going at large of such insane person, shall be considered manifestly dangerous to the peace and safety of the community, the court may order him to be committed to prison, there to be kept until the further order of the court; otherwise he shall be discharged. DISPOSITION OF PERSON NOT INDICTED BECAUSE OF IN- SANITY. [Extract from R. S. 46, Ch. 164.] (394) $ 11895. SEC. 21. When any person held in prison Insanity of on a charge of having committed an indictable offense, shall ” not be indicted by the grand jury by reason of insanity, such jury shall certify that fact to the court; and thereupon, if the discharge or going at large of such insane person shall be deemed manifestly dangerous to the peace and safety of the community, the court may order him to be retained in prison until the further order of the court, otherwise he shall be dis- charged. º 172 LAWS RELATING TO THE SUITS TO QUIET TITLE-SUBSEQUENT PROCEEDINGS. [Extract from Judicature Act of 1915.1 Subsequent (395) SEC. 25. All subsequent proceedings including pub- proceedings. Proviso, guardians, etc. Further proviso, re-opening Ca,Se. Rehearing, notice of. Six years. Proviso, other . limitations. Ten years. Further DTOVISO, four years. lication of said order shall be taken in the same manner and with like effect as though all defendants were named therein by their proper names, and as to unnamed defendants and such as are not known to be living shall be in conformity with the statutes relating to defendants who reside in another state: Provided, That a guardian or guardians ad litem shall be appointed in accordance with the rules and practice of the court in the case of incompetent persons, to represent all unknown or unascertained defendants, and all known defend- ants who are infants or incompetent: Provided further, That the court before which said cause is heard, on a proper show- ing by affidavit that one or more of the defendants did not have actual notice of said suit in time to appear and defend the same, may in its discretion, at any time not later than three years after the entry of the final decree, reopen said case and order a re-hearing as to the rights of such defend- ant or defendants who shall serve a copy of such affidavit and order and notice of all subsequent proceedings in the case on the plaintiff or his attorney and on all defendants who ap- peared on the original hearing, or their attorneys. The above is section 25, chap. xii, of the judicature act of 1915, and super- sedes sec. 6, of Act 123, P. A 1909. Limitation OF PERSORAHL ACTHOMS. [Extract from Judicature Act of 1915.1 (396) SEC. 13. All actions in any of the courts of this state shall be commenced within six years next after the causes of action shall accrue, and not afterward, except as hereinafter specified: Provided, however, 1. That actions founded upon judgments or decrees ren- dered in any court of record of the United States, or of this state, or of some other of the United States, and actions found- ed upon bonds of public officers, actions founded upon cov- enants in deeds and mortgages of real estate, may be brought at any time within ten years from the time of the rendition of such judgment, or the time when the cause of action accrued on such bond or covenant; + + * + + + + + + * + 4. Provided further, That actions brought to charge any surety on any bond of an executor, administrator or guardian, INSANE AND FEEBLE-MINDED. 173 may be, and in all cases shall be brought at any time within four years after the discharge of such executor, administra- tor or guardian. The above is part of sec. 13, chap. ix, of the judicature act of 1915, which supersedes secs. 8727, 9728-30. 9748, 9751, 97.53, Act 155 of 1899, Act 104 of 1909, sec. 5, and Act 256 of 1915. SUITS BY AND AGAINST INCOMPETENTS, ETC. [Extract from Judicature Act of 1915.1 (397) SEC. 28. Whenever an infant, or a person who is Incompetent insane or otherwise mentally incompetent, shall have a right ...”. of action, he shall be entitled to maintain a suit thereon, but before the declaration or bill of complaint is filed or any process issued in the name of such person who is sole plain- tiff, the circuit judge or circuit court commissioner of the same county shall appoint a competent and responsible per- son to appear as next friend for such plaintiff, who shall be Next friend. responsible for the costs of suit, and the order for such ap- pointment shall be forthwith filed in the office of the clerk of the court in which said action is to be begun. But in case Guardian. such plaintiff has a guardian of his estate, it shall be com- petent for such guardian to bring such action. The above is section 28. chap. xii, of the judicature act of 1915, and super- sedes sections 10454-6 and 10460, C. L. '97. (398) SEC. 30. After the service of process or declaration, Guardian if the suit be commenced by declaration, against a defendant #. who is an infant, or who is insane or otherwise mentally in- Pºº". competent, said suit shall be defended by the guardian of the estate of such defendant, if there be one; otherwise such suit shall not be further prosecuted until a guardian ad litem for - such person shall be appointed in the manner following: If #ºinted the defendant be an infant more than fourteen years of age, appointed. he may nominate such guardian ad litem ; in all other cases the nomination may be made by the next of kin of said defend- ant, or any other relative or friend, whom said judge or com- missioner may deem a proper person to make such nomina- tion, and if said judge or commissioner approve the nomina- tion so made, upon the filing of the written consent of the person proposed as guardian ad litem, he shall make such appointment. If such officer shall not approve of such nomi- nation, he shall appoint some other suitable person as such guardian ad litem. The person so appointed shall not be liable for the costs of such suit, unless specifically charged by order of the court for some personal misconduct in such cause. If no such nomination is made within twenty days 174 LAWS RELATING TO THE Service of process, on incompetents. Guardian, when and by whom ap- pointed. How dower barred. after the service of process or declaration, if the suit be commenced by declaration, the plaintiff may obtain an order from the court in which the proceedings are pending, appointing some suitable person to act as guardian ad litem for such person. The above is section 30, chap. xii, of the judicature act of 1915, and super- sedes secs. 10461-10465, C. L. '97. - - PROCEEDINGS TO EN FORCE LIEN. [Extract from Act 188, P. A. 1899. (399) SEC. 3. * + + + + + Fifth, If any infant, insane, or otherwise mentally in- competent person has any interest in the property upon which the lien exists, service of process shall be made upon such a person in the same manner and with the same effect as upon persons not under any disability, whether such in- fant, insane, or otherwise mentally incompetent person is Within or without the jurisdiction; - Sixth, After the issuing and service of process against the infant, insane, or otherwise incompetent person, a guardian ad litem may be appointed for such infant, insane, or other- Wise incompetent person by the court upon motion of the attorney general, or such guardian ad litem may be ap- pointed by the court upon the request of such infant, and in case of an insane or otherwise incompetent person, at the request of such person’s general guardian. Am. 1907, Act 155. BARRING RIGHT OF DOWER. [Extract from R. S. 46, Ch. 66. I (400) $ 8930. SEC. 13. A married woman residing within this state may bar her right of dower in any estate conveyed by her husband or by his guar- dian, if he be under guardianship, by joining in the deed of conveyance and acknowledging the same as pre- scribed in the preceding chapter, or by joining with her hus- band in a subsequent deed, acknowledged in like manner; or by deed executed by the wife alone to one who has thereto- fore acquired and then holds the husband's title, provided the intent to bar her right of dower shall be expressed in said deed. - | | | INSANE AND FEEBLE-MINDED. 175 2. WHEN INSANE WOMAN BARRED OF RIGHT OF DOWER. [Extract from Judicature Act of 1915.1 (401) SEC. 71. Whenever the wife of any person shall have How dower become insane, imbecile, or idiotic, or for any cause shall be unable from defective intellect to join her husband in the conveyance of real estate, and shall have remained in that condition for more than two years, or when it shall be made to appear to the court that such married woman is incurably insane, she may be barred of her right of dower in the lands of her husband, in manner following. Secs. 71-76, chap. xix, of the judicature act of 1915, supersede respectively secs. 8947–52, C. L. '97. - - (402) SEC. 72. The husband, or any person interested in any such real estate, may apply to the circuit court in chan- cery of the county where such lands, or any part of such lands are situated, by petition under oath, for the appointment of a guardian and for leave to sell her inchoate right of dower; which petition shall state: 1. The name, age, and residence of such married woman, and the name, residence and age of her husband, as near as can be ascertained ; - 2. The nature of the disability of said married woman an the length of time it has existed; 3. A full description of the lands and premises in this State to be affected by such proceedings; 4. The value of each piece of real estate, and the amount of incumbrance upon it (if any), not affected by, or prior to her claim of dower; - 5. If the real estate is to be sold by the husband, or has been sold by him, the exact amount of the consideration of such sale as made or agreed upon ; - 6. The reasons why such sale is desirable to said husband or petitioner. - (403) SEC. 73. Upon the filing of such petition, the said circuit court in chancery shall enter an order that the petition be heard on a certain day, and notice of the hearing be given by publication or otherwise, in such manner and to such per- sons as said court shall direct. : (404) SEC. 74. At such hearing the said wife may appear in person, or by counsel, or by guardian ad litem appointed as in other cases by said court, and may answer such petition in the time and manner said court may direct; and upon the filing of an answer the case shall be deemed at issue. When the case is at issue, or if the said wife shall fail to appear, the court may proceed summarily upon oral or written evi- dence taken under its order, to hear and determine the case; or, at its discretion, may refer it to a circuit court commis- may be barred. Petition to court. What to State. Order of hearing and notice. - Appearance OI W116 Answer. Proceedings. 176 LAWS RELATING TO THE Order. Guardian. Bond. Sale of : interest by guardian. Guardian’s conveyance of dower right. Application of income of money. Sioner, or a special commissioner appointed by the court for the purpose to take proofs and report the same to the court with his opinion: 1. As to the insanity or imbecility of the wife; 2. As to the propriety or necessity of selling said real estate, or of barring her right of dower therein; 3. The cash value at that time of her dower interest in said premises, taking into consideration the respective ages of said husband and wife. Upon the coming in of said report the court shall consider the same, and enter such order as shall be just and equitable. If said court shall decide that the wife is insane, and that it is desirable that the right of dower should be barred, it shall fix the then present value of such dower, and thereafter shall appoint a guardian of such insane person, who shall be some person other than her husband, who shall give bond in a sum to be fixed by the court, with surety or sureties, to be approved by the court, conditioned to receive and invest any moneys that may come into his hands for her sole use and benefit, under the order and direc- tion of the court, both as to its investment and to the dispo- sition of the income thereof. - - (405) SEC. 75. Upon the approval of such bond said guar- dian may proceed and sell at private sale, as such guardian, the interest of such married woman in said land, at a sum not less than the value of said dower as fixed by said court. He may join with the husband in such conveyance, or if the husband has previously sold and conveyed said property, may, by separate conveyance, deed said right of dower to the hus- band’s grantee or grantees, his or their heirs and assigns, but to no other person. Said conveyance shall in all cases be as effective to bar the right of dower of said married woman as if she had, being in sound mind, joined her husband in a deed of said premises. - (406) SEC. 76. Said guardian shall apply the income of said money to the support of said married woman, or allow the same to accumulate, as the court shall direct; and upon the restoration of said married woman to a sound mind shall, upon the order of the court, transfer to her all the funds in his hands, and upon her death, shall deliver the same to her hus- band, if he shall be living at her death; if not living, then to her personal representatives. INSANE AND FEEE}LE-MINDED. 177 REMOVAL OF TESTAMENTARY TRUSTEE BY PROBATE - COURT- [Extract from Judicature Act of 1915.1 (407) SEC. 30. Upon the written petition, duly verified, Petition for of any person beneficially interested in the execution of the jº. trust setting forth the facts and praying for the removal of a testamentary trustee, the probate court may remove such trustee in any of the following cases: 1. Where he has become or is insane or otherwise in- Reasons . capable of discharging his trust or evidently unsuitable there. * for; - 2. Where by reason of his having wasted or improperly applied the money or other property in his charge, or in- vested money in securities unauthorized by law, or other- wise improvidently managed or injured the property com- mitted to his charge, or by reason of other misconduct in the execution of his trust, or dishonesty, drunkenness, im- providence, or want of understanding, he is unfit for the due execution of his trust; 3. Where he has failed to give a bond as required by an order or decree made as prescribed by law; or has wilfully refused, or without good cause neglected to obey a direction of the judge of probate contained in any other order or decree made as prescribed in this chapter; or any provision of law relating to the discharge of his duty; 4. Where for any reason it appears essential to the inter- ests of the beneficiaries that such removal be made; the trustee shall have notice of the application and an oppor- Notice and tunity to be heard and to show cause why the removal should º not be made. ~ The above is sec. 30, chap. lxi, of the judicature act of 1915, and supersedes sec. 33, of Act 253, P. A. 1899. - CAPACHTY TO BUY AND SELE_. [Extract from Act 100, P. A. 1913. ] (408) SEC. 2. Capacity-liabilities for necessaries. Capac- Capacity ity to buy and sell is regulated by the general law concerning * capacity to contract, and to transfer and acquire property. Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery. 23 178 LAWS RELATING TO THE Pauper's personal property sold. - How sold. Proceeds. Right to proceeds released. Proviso. Incurable insanity. Who may devise lands. Lands not disposed of by will. Who may bequeath personal estate. - SALE OF PERSONAL PROPERTY OF INSANE PAUPERS. [Extract from R. S. 46, Ch. 37.1 (409) $ 4501. SEC. 15. When any personal property, other than personal clothing, shall have been brought to the poor-house with any pauper, and the same shall come into the hands of the superintendents of the poor, it shall be compe- tent for the superintendents of the poor, on application to any justice of the peace of the county in which said poor- house is situated, on proof of the facts before said justice, to obtain an order for the sale of any personal property that such pauper may own, at public auction, of all or any of such personal property, for the support of such pauper; where- upon, it shall be competent for such superintendents of the poor to sell the same at public auction, giving the same notice as is required on constable's sales, and the proceeds of said sale shall be placed by said superintendents in the treasury of the county. It shall be lawful for the person to whom said property shall belong at the time of said sale, when he shall cease to be a county charge, to apply for the payment of the proceeds thereof to said superintendents of the poor, who are authorized to draw their order on said treasurer for so much of such amount as shall not have been expended for the maintenance of said owner or his family, and said treasurer shall pay the same to the person entitled thereto : Provided, That in no case shall the property of any insane pauper be sold, until the disease of such pauper shall be pronounced by the medical superintendent of the state insane asylum to be a case of incurable insanity. WHO MAY DEVISE LANDS, ETC. [Extracts from R. S. 46, Ch. 68.1 (410) $ 92.62. SECTION 1. Every person of full age and sound mind being seized in his own right of any lands or of any right thereto, or entitled to any interest therein descend- able to his heirs, may devise and dispose of the same by his last will and testament in writing, and all such estate not disposed of by the will, shall descend as the estate of an intes- tate, being chargeable in both cases with the payments of all his debts. - - - (411) ś 9265. SEC. 4. Every person of full age and sound mind, may, by his last will and testament, in Writing, be- queath and dispose of all his personal estate remaining at his • º INSANE AND FEEBLE-MINDED. 179 decease, and all his rights thereto, and interest therein, and all such estate, not disposed of by the will, shall be adminis- tered as intestate estate. LANDS OF INCOMPETENT PERSONS. [Extract from Act 206, P. A. 1893. ] (412) $ 3892. SEC. 69. Whenever it shall be satisfactorily Lands of shown to the court that any lands included in such petition º' as delinquent for taxes shall belong to infants, minor heirs, idiots or insane persons, without guardians or without any other means of support, the court is, in his discretion, author- ized to withhold such lands from sale, until a settlement of such person can be made, and a guardian chosen or appointed to protect the rights and interests of such person: Provided, Proviso. Such withholding shall not act to prejudice the lien of the state, county or township for such taxes, or the right to include the same in any subsequent petition for sale as in this act provided. In case of the sale of lands belonging to Cancellation, any infant, idiots, minor heirs, insane or incompetent per “"“” sons, if it shall appear to any court that it is necessary to protect the rights of such incompetent person, to order any sale canceled, or deferred, it may so order, and in such case all proceedings may be stopped, sale canceled or action stayed until the proper proceedings can be had to protect the rights and property of such incompetent person or persons. PLATTING LANDS OF INCOMPETENT PERSONS. [Extract from Judicature Act of 1915. (413) SECTION 1. Any infant, idiot, lunatic or other in- Infant, etc., may apply - competent person, seized of any real estate, may apply to the ºf circuit court in chancery for the county where the property “"“” may be situated, if the infant, idiot, lunatic or other incom: petent person be not a resident of this state, and if a resident of this state, then to the circuit court in chancery of the county in which he may be a resident, for the laying out, dividing and platting into lots, streets and alleys, of such real estate in the manner hereinafter directed. If the appli- By Nº. cant has a guardian, then the application shall be made by ºº' such guardian, and if he has no guardian or the guardian is a non-resident, application may be made by a next friend, 180 LAWS RELATING TO THE Proviso, ap-, who may be authorized to act as such by said court: Pro- ##." vided, That if the application be by an idiot, lunatic or other incompetent person, his next friend shall be appointed on the petition of the person or persons having the custody of the person of such idiot, lunatic or other incompetent; and if the application be made by an infant, the appointment of such next friend shall be made on his petition, but the court be- fore authorizing a next friend to act for him, shall require proof that his guardian, if he have one, or his parents, or other near relatives, if he have no parents, have knowledge of the intention to make such application, and unless it shall appear that such persons have knowledge of such inten- tion, shall direct notice of the application to be given to such guardian, parents or other relatives. This and the following eight sections are from chap. xxxii, of the judicature # of 1915, and supersede respectively secs. 11107 to 11115, inclusive, C. L. Court to (414) SEC. 2. On such application, the court shall, if nec- #. essary, appoint one or more suitable persons to be guardians of such infant, idiot, lunatic or other incompetent person, in relation to the proceedings on such application. Bond of (415) SEC. 3. The guardian shall give bond to such infant, guardian. idiot, lunatic, or other incompetent person, to be filed with the clerk of said court in such penalty with such sureties and in such form as the court shall direct, conditioned for the faithful performance of the trust reposed ; for the paying over, investing and accounting for all moneys that shall be received by such guardian according to the order of any court having authority to give directions in the premises, and for the observance of the orders of the court in relation to the said trust. - - Prosecution (416) SEC. 4. If such bond be forfeited, the court shall of bond. direct it to be prosecuted for the benefit of the party injured. Circuit court (417) SEC. 5. Upon the filing and approval of such bond, §";" the court may proceed in a summary manner, on oral or other testimony, or by reference to a circuit court commissioner, to inquire into the merits of such application. Dedication (418) SEC. 6. Whenever it shall appear satisfactorily that to public. the interest of such infant, idiot, lunatic, or other incompetent person requires, or will be substantially promoted by the lay- ing out, dividing and platting into lots, streets and alleys of the real estate of such infant, idiot, lunatic, or other incom- petent, for any reason or circumstances, the court may order such real estate to be laid out, divided and platted into lots, streets and alleys, by the guardians of such infants, idiots, lunatics and other incompetent persons, and such streets and alleys to be dedicated to the public in such manner and with such restrictions as shall be deemed expedient. Guardian (419) SEC. 7. Upon a plat of such real estate being made º P'º' in pursuance of such order, the same shall be reported to the : INSANE AND FEEBLE-MINDED. 181 º court on the oath of the guardian making the same, and if it be confirmed, a plat of such real estate shall be executed under the direction of the court. - (420) SEC. S. All plats of such real estate made in good validity faith by the guardian in pursuance of such order, when so * * confirmed, shall be as valid and effectual as if made by such infant, idiot, lunatic or other incompetent person, when of lawful age and sound mind. (421) SEC. 9. From the time of such application to the Ward of court, the infant, idiot, lunatic or other incompetent person, ". shall be considered as a ward of the court, in so far as relates to such real estate and the platting thereof. PARTITION OF CERTAIN REAL ESTATE. [Extract from R. S. 46, Ch. 85.] (422) $ 8681. SEC. 23. The wife of any man who is under wife of ward guardianship, may join with the guardian in making parti- jºi... " tion of her own real estate, held in joint tenancy or in com-º.” mon, and may, jointly with such guardian, make any release or other conveyance necessary or proper for that purpose, in like manner as she might have done with her husband, if he had been under no legal disability. ASSESSMENT OF PERSONAL PROPERTY. [Extracts from Act 206, P. A. 1893.] (423) $ 3836. SEC. 13. All personal property, except as Personal hereinafter provided, shall be assessed to the owner in the ſº." township in which he is an inhabitant, on the second Monday * of April, of the year for which the assessment is made. (424) S 3837. SEC. 14. The excepted cases referred to in Exceptions. the preceding section are as follows, viz: + + + + + + + º: + + Fourth, The personal property of minors under guardian- Minors, ship shall be assessed to the guardian in the township where 5. he resides, and the personal property of every other person under guardianship shall be assessed to the guardian in the township where the ward resides. Am. 1907, Act 129; 1911, Act 182. 182 LAWS RELATING TO THE Writ. Of assistance, when to be issued. Form of notice. disposition of state Tax Land. (425) S 3959. SEC. 140. No writ of assistance or other process for the possession of any land the title to which has been obtained under and in pursuance of any tax sale made after the twenty-ninth day of August, in the year of our Lord eighteen hundred ninety-seven ; or of any sale of state tax lands or state bids made after the said twenty-ninth day of August, eighteen hundred ninety-seven, except where such title shall be obtained under the provisions of section one hundred thirty-one of this act, shall be issued until six months after there shall have been filed with the county clerk of the county where the land is situated, a return by the sheriff of said county showing that he has made personal service of a notice, or proof of substituted service thereof, as hereinafter provided, upon the person or persons appearing by the records in the office of the register of deeds of said county to be the last grantee or grantees in the regular chain of title of such lands, or of any interest therein, at the date of the delivery of such notice to the sheriff for service, and upon the person- or persons, if any there be, in the actual open possession of such lands at the date aforesaid, and upon the grantee or grantees under the tax deed issued by the auditor general for the latest year's taxes then appearing of record in said registry of deeds, and upon the mortgagee or mortgagees named in all undischarged recorded mortgages or any as- signee or assignees thereof of record at the date aforesaid, and upon the holder of record of all undischarged recorded liens, which shall be substantially in the following form : To the owner or owners of any and all interests in, or liens upon the land herein described: Take notice, That sale has been lawfully made of the fol- lowing described land for unpaid taxes thereon, and that the undersigned has title thereto under tax deed or deeds issued therefor, and that you are entitled to a reconveyance thereof, at any time within six months after return of service of this notice, upon payment to the undersigned or to the register in chancery of the county in which the lands lie of all sums paid upon such purchase, together with one hundred per centum additional thereto, and the fees of the sheriff for the service or cost of publication of this notice, to be computed as upon personal service of a declaration as commencement of suit, and the further sum of five dollars for each description with- out other additional cost or charges. If payment as aforesaid is not made, the undersigned will institute proceedings for possession of the land. - - INSANE AND FEEBLE-MINDED. 183 Description . . . . . . . . . . . . . . . . . . amount paid . . . . . . . . . . . . taxes for 1. . . . . . . . . . (Signed) . . . . . . . . . . . . . . . . . . . . . . . . Place of business . . . . . . . . . . . . . . . . . . . . . . . . - Provided, That if the grantee or grantees, or the person or persons holding the interest in said lands as aforesaid, shall be residents of any county of the state other than the county in which the land is situated, then such return as to such person shall be made by the sheriff of the county where such person or persons reside or may be found: Provided further, That if the person or persons entitled to such notice, or any of them, shall be non-residents of this state, if from the said record aforesaid, or from inquiry, the sheriff can obtain the postoffice address of such person or persons or if said ad- dresses be known to him, he shall either send to such non- resident person or persons a copy of said notice by registered letter, and return the receipt or receipts of the postmaster re- ceived for said letter or letters with his return to the county clerk’s office, or said sheriff shall cause to be served personally on such person or persons aforesaid a copy of the said notice, and whenever such notice shall be personally served outside of this state, proof of such service shall be made by the affi- davit of the person who shall serve the same, made before a justice of the peace or notary public and when such affidavit shall be made outside this state, it shall have attached thereto the certificate of the clerk of the court of record, certifying to the official character of the justice or notary, and the genuineness of his signature to the jurat of the affidavit, and such sheriff shall return the said proof of personal service with his return to the county clerk’s office: Provided further, That if any person entitled to notice as hereinbefore provided is dead, or if his estate shall be under control of a trustee or guardian, then and in such case notice as hereinbefore pro- vided may be served upon the executor or administrator of said deceased person, or upon his heirs, if there be no execu- tor or administrator, or upon the trustee or guardian of any incompetent person, with like effect as if served upon the grantee, mortgagee or assignee: Provided further, That if the sheriff of the county where any such lands are located shall make a return that after careful inquiry he is unable to as- certain the whereabouts or the postoffice address of the per- sons upon whom notice may be served as aforesaid, or any of them, then such notice as is herein provided for shall be published for four successive weeks, which shall be construed to mean four publications once each week, in some newspaper published and circulating in the county where such lands are located, if there is one; and if no such paper is published in such county then publication shall be made in some news- Proviso, residents of other. counties. Further proV1SO, non-residents of State. Further proVISO. Further DTOVISO; . publication of notice. paper published and circulated in an adjoining county, and due proof of publication, by affidavit of the printer or publisher of 184 LAWS RELATING TO THE such newspaper, shall be filed with the county clerk and shall be in lieu of personal service upon the person or persons whose whereabouts or postoffice address cannot be ascertained as Further aforesaid: Provided further, That such service may be made proviso. upon any resident of this state by leaving such notice at his usual place of residence with some member of his family of mature age, and upon any non-resident of this state by de- livering such notice to him personally in any county of this state where he may be found, and return thereof shall be made by the sheriff of such county. Service in all cases and return thereof may be made by the under sheriff or any deputy Corporations, sheriff with like effect as if made by the sheriff. Corporations ** formed under the laws of this state shall be regarded, for the purposes of this act, as residents of the county in this state where their office for the transaction of business therein is, by their articles, located, and service on such corporations may be made on the president, secretary, treasurer or general agent of such corporation, or by leaving such notice at the office of such corporation with some person in charge of such Service of office. If the sheriff of any county in this state in which the ** office of any such corporation for the transaction of busi- ness is, by its articles, fixed, shall return that upon careful inquiry he has been unable to find any such office or any presi- dent, secretary, treasurer or general agent of such corpora- tion in such county, service of such notice may be made upon such corporation by publication as hereinbefore provided in case of persons whose whereabouts or postoffice address can- not be ascertained; and this provision shall apply as well to corporations whose term of corporate existence has ex- pired as to those whose term of existence has not expired. Foreign. Foreign corporations doing business in this state and having ** an agent therein appointed to accept service of process as required or as may be required by the laws of this state, shall be regarded, for the purposes of this act, as residents of the county where such agent resides, and service on such cor- porations may be made on such agent, or by registered letter addressed to such corporations at their home office. The sheriff shall, in his return, state the time when such notice was delivered to him for service, and his return shall be prima facie evidence of the facts therein stated. Am. 1899, Act 204; 1903, Act 236 ; 1905, Act 142; 1909, Act 270. INSANE AND FEEBLE-MINDED. 185 CONVEYANCES. [Extract from R. S. '46, Ch. 85.] (426) $ 8672. SEC. 14. When the guardian of any mar-wife may join ried man shall be duly licensed to sell the real estate of his §. ward, the wife of the ward may, if she thinks proper, join with the guardian in the conveyance, and thereby release her right of dower in the granted premises, in like manner as she might have done by joining in a conveyance thereof made by her husband, if he had been under no legal disability. (427) $ 8673. SEC. 15. When such guardian shall be li- censed to sell the interest of the ward in any real estate of his wife, the wife may, if she thinks fit, join with the guar- dian in the conveyance, and thereby sell and convey all her estate and interest in the granted premises, in like manner as she might have done by joining in a conveyance thereof made by her husband, if he had been under no legal disability. (428) $ 8674. SEC. 16. In case of any such release by the wife, of her right of dower, or of any such conveyance of her own estate, the proceeds of the sale may be so invested and disposed of, as to secure to her the same right, use and benefit of the principal sum and the income thereof, that she would have had in such real estate and the income thereof, if it had not been sold. (429) $ 8675. SEC. 17. Any agreement made between the wife and the guardian of her husband, for securing and dis- posing of the proceeds of any such sale, or any part of such proceeds, for the purpose mentioned in the preceding section, being approved and confirmed by the judge of probate who granted the license to sell, or by the circuit court on an ap- peal from the decision of the judge of probate, shall be valid and binding upon all persons interested in the estate, and may be enforced by an action at law, or a suit in chancery. ESTATES OF INTESTATES. [Extract from Judicature Act of 1915. I (430) SEC. 2. Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled to the same in the following order: 1. The widow, husband or next of kin, or a grantee of the interest of one or more of them, or such of them as the judge etc. Idem. Release of dower, etc. Agreement. between wife and guardian. Who entitled to letters of administra– tion. of probate may think proper, or such person or persons as the widow, husband, next of kin or grantee may request to 186 LAWS RELATING TO THE - $º to make will. Proceedings in case of infants, etc. have appointed, if suitable and competent to discharge the trust; - 2. If the widow, husband, next of kin or grantee, or the person selected by them shall be unsuitable or incompetent, or if the widow, husband, next of kin or grantee shall neglect for thirty days after the death of the intestate to apply for administration, or to request that administration be granted to some other person, the same may be granted to one or more of the principal creditors, if any such are competent and will- ing to take it; 3. If there be no such creditor competent and willing to take administration, the same may be committed to such other person or persons as the judge of probate may think proper. The above is sec. 2, chap. liii, of the judicature act of 1915, and supersedes sec. 9324, C. L. '97. - COMPETENCY TO MAKE WHLLS. [Extract from Judicature Act of 1915.1 (431) SEC. 58. In proceedings for the probate of wills, it shall not be necessary for the proponent in the first instance to introduce any proof to show the competency of the deced- ent to make a will, but the like presumption of mental compe- tency shall obtain as in other cases. The above is section 58, of chap. xvii, of the judicature act of 1915. PROCEEDINGS IN CASE OF INCOMPETENTS, ETC. [Extract from Judicature Act of 1915.1 (432) SEC. 119. In all cases or proceedings before a cir- cuit court commissioner, where either party thereto is an infant, or is mentally incompetent, the same proceedings shall be had as near as may be, as are provided in like cases in chapter twelve of this act. - - The above is section 119, of chap. ii, of the judicature act of 1915. INSANE AND FEEBLE-MINDED. 187 contracts FOR CURE OF DRUNKENNESS, ETC. An Act to authorize the boards of Supervisors of the several counties of the state of Michigan to make contracts for the cure of drunken- ness, the morphine and cigarette habits, and other like addictions. [Act 68, P. A. 1907.] The People of the State of Michigan enact: (433) SECTION 1. Any inhabitant of this state may peti- Any in- tion the board of supervisors of the county, wherein any in-jºº digent person addicted to the excessive use of any intoxicating ºº of - - - - - drunkards, liquors or of morphia, laudanum, cocaine, opium or other etc. narcotics to such an extent as to become an habitual drunkard, resides, for leave to send such drunkard, at the expense of the county, to any reputable institute for the treatment of such cases, designated by such board of super- visors under the conditions hereinafter contained, which Petition, petition shall set forth the name, age and condition of such º "“” drunkard, that such drunkard is not financially able to in- cur the expense of such treatment, and that such habitual drunkard is willing and has agreed to attend such institute for the cure of drunkenness, which petition shall be veri- verification fied by the person making such request and shall contain in ºff." addition thereto the written agreement of such drunkard to take such treatment, if allowed by the board, and a further statement signed by three reputable taxpayers of the county, and the supervisor of the township, ward or village, where such drunkard resides, stating that they are familiar with the facts set forth in the petition and with the financial circumstances of the drunkard and that they deem it a proper case for such action by the board of supervisors. (434) SEC. 2. When such petition is filed, the board of when super- supervisors may, if satisfied that the facts set forth in the ..." petition are true, make and enter into a contract with the ºl. institution for the cure of such cases, for the treatment of the same, and the said board of supervisors shall order that the expense for the treatment, not exceeding one hundred dollars, be paid out of the county treasury in the manner that other claims and bills against the county are paid. (435) SEC. 3. A drunkard, as defined herein, shall in- Drunkard clude all persons who use alcoholic, spirituous, malt, brewed, " fermented or vinous liquors, or morphia, laudanum, cocaine, opium or other narcotic to such an extent as to deprive him or her of a reasonable degree of self-control. (436.) SEC. 4. Such contract with such institute for the Contract to cure of said cases shall be made and entered into with one º" which is located in the state of Michigan, that can satisfy institution: said board that not less than seventy-five per cent of the per- - sons having taken a full course of treatment, consisting of - 188 LAWS RELATING TO THE Persons treated may reimburse County. Patients, how main- tained. Patients recommitted to asylum, eXpenSe, how paid. Patients from but by the state. other asylums, time, how computed. Support of idiots, etc., outside of poor—house. not less than four weeks, have been cured and have remained cured for at least one year thereafter. (437) SEC. 5. Any person who shall be treated at any institute under the provisions of this statute may at any time reimburse the county by paying to the county treasurer the amount thereof, and the treasurer shall give him a receipt for the amount so paid, which receipt shall state that such payment is for reimbursement, as aforesaid, and the amount so paid shall be turned into the general fund. Sec. 6 repeals all acts or parts of acts contravening any of the provisions of this act. |MAINTENANCE OF CERTAIN PATIENTS AT LONIA ASYLUM. An Act to provide for the payment for maintenance of certain patients - in the state asylum at Ionia. [Act 7, P. A. 1901.] The People of the State of Michigan enact: (438) SECTION 1. Whenever any patient in the state asy- lum the expense of whose maintenance has been wholly paid by the county, responsible for his or her maintenance for a period of one year, whether such period shall have been continuous or interrupted, shall from and after the close of Such period of one year, be maintained by the state so long as he or she is retained in said asylum. Any patient recom- . mitted to the asylum, the expense of whose previous mainte- nance has been paid by any county for a period of one year, shall not again be maintained at the expense of any county, Any patient received from any asylum in the state whose maintenance has been paid by any county for a period of one year or less than one year, the time spent in such asylum shall be computed the same as if the patient had been originally committed to the state asylum. See section 84. Sec. 2 repeals all parts of acts contravening the provisions of this act. SUPPORT OF INSANE PAUPERS OUTSIDE OF POORHOUSES. [Extract from Act 148, S. L. 1869.] (439) $ 4513. SEC. 12. The superintendents may provide for the support of paupers that may be idiots or lunatics, out of the county poorhouse, at such place and in such manner as shall best promote the interests of the county and conduce INSANE AND FEEBLE-MINDED. - 189 to the comfort and recovery of such paupers. It shall be who sent the duty of the superintendents to send to the hospitals of ºor. the university of Michigan, at Ann Arbor, under such condi- *. tions and regulations as the regents of said university and said superintendents may agree upon, any and all persons in their respective counties, who by reason of any severe physical injury may have become county charges, and who are liable to remain county charges, unless special skill and facilities are employed in their treatment, also all persons who are county charges, because of acute disease or as the result of physical injuries, who require capital operations to preserve life. The expense of transportation to and from said hospitals and maintenance therein shall be a county charge: Provided, That there shall be no charge at said hos. Proviso. pitals for medical or surgical treatment: And provided fur- Further ther, That no patient shall be sent to the said hospitals by * the superintendents except on the written recommendation of the physician having charge of the inmates of any poor- house: And provided further, That whenever obstetrical Further wards are established in said hospitals, the said superintend-" ents may make special contract with the regents of the uni- versity for the care and treatment of such obstetrical cases as are a public charge in their respective counties. TEMPORARY RELIEF TO CERTAIN PERSONS. An Act to regulate the granting of relief to and the admission of certain poor persons to the asylums and almshouses, and to pro- vide for collecting the expense of the temporary care and transpor- tation of Such persons, and to repeal all acts or parts of acts in- consistent here With. [Act 72, P. A. 1907.] The People of the State of Michigan enact: (440) SECTION 1. Any poor person who is incompetent Persons not to earn a livelihood at the time of such person’s entry into ºlo any county in this state, or becomes so incompetent within “” One year from the time of such entry, shall not be entitled to admission into any of the state asylums or county asylums or almshouses at the expense of the state or county or to re- ceive any public relief of any nature, when the name of the county or state from whence said person came can be ascer- tained, excepting such temporary care or relief as such per- Temporary son may need pending his return, as hereinafter provided, * to the county where he was last continuously settled for one year. - (441) SEC. 2. The superintendents of the poor, or any of Duty of su- - - - intendents them, of the county in which such person shall have entered, º'. 190 LAWS RELATING TO THE Form of notice. Service of notice. Proof of Service. Denial of liability by Superlin- tendents of DOOT. as aforesaid, in which such person may require temporary relief, shall, within ten days after ascertaining the county in which such person shall have been last continuously set- tled for one year previous to the time of such entry, give notice, in writing, to the superintendents of the poor of such county, which said notice shall be substantially in the fol- lowing form : To the Superintendents of the Poor of the county of - - - - - - - - - - - - - - - - - Take Notice, That . . . . . . . . . . . . . . . . . . . . . . . , a poor person, who was last continuously settled for one year in the county of . . . . . . . . . . . . . . . . , before leaving said county and coming into the county of . . . . . . . . . . . . . . . . . . , is temporarily in the county of . . . . . . . . . . . . . . . and is receiving such re- lief and care as h . . . may require on account of h . . . being such poor person, and will continue to receive such care at the expense of your county; and you are required, forth with, to cause said poor person to be transported into your own county, pursuant to the provisions of the statute in such case made and provided. Dated this . . . . . . . . . . . . . . day of . . . . . . . . . . . . , A. D. . . . . The said notice may be served by any superintendent of the poor of the county where such poor person may tem- porarily be as aforesaid, upon the superintendents of the poor of the county in which such poor person was last continuously settled for one year, by delivering said notice personally to any of said superintendents of the poor, or by sending a copy of said notice by registered mail, addressed to the superintendents of the poor of said county, at the county seat of said county; and in any action arising under or by virtue of the provisions of this act, an affidavit of the fact of serving such notice made by the superintendent of the poor making personal service of said notice, as afore- said, or the affidavit of such superintendent of the poor of the fact of registering and mailing said notice, accompanied by the postoffice receipt for such registered letter and a true copy of the notice enclosed in said letter, shall be sufficient proof of such service. - (44.2) SEC. 3. It shall [be] the duty of the superintend- ents of the poor, or any of them, of the county sought to be charged with the care, relief, support and return transporta- tion of poor persons by means of the notice required in section two of this act, if they, or any of them, shall deem their county not legally responsible for the care, relief, support and return transportation of such poor persons, to serve a denial of liability, in writing, upon the superintendent of º INSANE AND FEEBLE-MINDED. 191 the poor from whom notice was received in accordance with the provisions of section two of this act, within ten days after the date of service of such notice, which said denial shall be substantially in the following form : * To the Superintendents of the Poor of the County of .# . . . . . . . . . . . . . . . . . #!" Take Notice, That the county of . . . . . . . . . . . . . . . . . . hereby - denies any and all liability of every name and nature for the care, relief, support and return transportation of - - - - - - - - - - - - - - - - - - - - - - , the poor person mentioned in a cer- tain notice dated the . . . . . . . . . . . . day of . . . . . . . . . . . . . A. D., . . . . . . . . . . , from . . . . . . . . . . . . . . . . , superintendent of the poor of . . . . . . . . . . . . . . . . county, and served on the superin- tendents of the poor of . . . . . . . . . . . . . . county on the . . . . . . day of . . . . . . . . . . . . . , A. D., . . . . . . . . . . Dated this . . . . . . . . . . . . day of . . . . . . . . . . A. D., . . . . . . . . - superintendent of the Poor of - - - - - - - - - - - - - - - - - - - - County. Which said denial, in writing, shall be served and proof service of of such service shall be made in like manner as provided notice. in section two of this act. And in case of Service of said denial of liability, as aforesaid, such poor person shall not be transported to said county sought to be charged with the liability for his care, relief, support and return trans- portation, as aforesaid, until such liability shall be deter- mined by some circuit court within the state; but if such Wººd Written denial shall not be served on the superintendents offiability. of the poor of the county where such poor person or persons may temporarily be, as aforesaid, in the time and in the manner aforesaid, then the county sought to be charged with the care, relief, support and return transportation of such poor person shall be forever barred from denying lia- bility for the expense of the care, relief, support and return transportation furnished pursuant to the notice served in accordance with the provisions of section two of this act. * - (443) SEC. 4. If, after receiving the notice prescribed in Transporta- section two of this act, the superintendents of the poor of the º' County served with such notice shall not, within twenty days, transport the poor person described in said notice to said county, then it shall be the duty of the superintendents of the poor of the county serving the notice prescribed in section two of this act to forth with transport such poor person into the custody of the superintendents of the poor of the county upon which the notice prescribed in section two of this act was served as aforesaid. And the super- Itemized intendents of the poor of the county furnishing temporary ºf care, relief, support and return transportation, in accord- ºnly giving - -- - - - temporary ange with the provisions of section one of this act and serv- relief 192 LAWS RELATING TO THE Action for recovery of expenSeS. Action, where instituted. Service of proceSS. Recovery of amount ex- pended, in certain counties. Liability of superintend- ent of poor. Payment of expenses for non-residents of State. ing notice as required in section two of this act, shall, with- in thirty days after furnishing such temporary care, relief, support and return transportation, present to the superin- tendents of the poor of the county upon which such notice was served, in accordance with the provisions of section three of this act, a sworn itemized statement of the expenses in- curred in the temporary care, relief, support and return transportation of such poor person, to the superintendents of the poor of the county upon which notice was so served, and if said bill is not allowed within thirty days after being pre- sented as aforesaid, the superintendents of the poor present- ing such bill may institute an action at law, in their own name, in any circuit court within this state, against the su- perintendents of the poor of the county neglecting or refus- ing to allow such bill, for the recovery of the same, with in- terest from the date of presentation as aforesaid. (444) SEC. 5. Any action instituted by the superintend- ents of the poor of any county in this state, to recover the cost of furnishing temporary care, relief, support and return transportation to any poor person, shall be commenced in the circuit court in the county where such care, relief, sup- port and return transportation was furnished, and service of process in such cases may be made by any officer author- ized by law to serve the processes of courts of like juris- diction in any county in this state, upon any one of the superintendents of the poor against whom such action is brought, and such service and return thereof in accordance with law shall give the court in which such action is com- menced full jurisdiction to hear and determine such cause, in like manner as if served upon all said superintendents of the poor in the county where such action was commenced. (445) SEC. 6. In those counties where the distinction be- tween county and township poor exits [exists], the āmount expended in any case where such poor person has a settlement in any township in the county, may be charged up to and recovered from such township by the superintendents of the poor for the county in which said township is situated, who have been required, under the provisions of this act, to audit, allow and pay the account for temporary care, relief, sup- port and transportation of such poor person. (446) SEC. 7. No superintendent of the poor, acting un- der the provisions of this act, in taking into custody, reliev- ing, supporting or transporting any poor person as herein pro- vided, shall become liable to any action or prosecution for illegal arrest or false imprisonment. (447) SEC. 8. If any such person belongs to another state and has come from outside the state, the superintendents of the poor of the county, the medical superintendent of the asylum, or the superintendent of the poor of any city where such person may be, shall furnish transportation and neces- INSANE AND FEEBLE-MINDED. 193 º sary attendance in their discretion to such person, and the expense of the same shall be allowed by the state board of auditors and paid by the state on properly attested vouchers from the said superintendents of the poor, medical super- intendent or the superintendent of the poor of any city. Sec. 9 repeals all acts or parts of acts contrary to the provisions of this act. STATUs of INMATES of Home For FEEBLE-MINDED, ET.c. An Act relative to inmates of the home for the feeble-minded and epileptic who became inmates prior to the eighteenth day of May, nineteen hundred nine; and to provide for giving such patients the same status as inmates committed to Said home after said date. [Act 27, P. A. 1913. ] The People of the State of Michigan enact: (448) SECTION 1. All inmates in the Michigan home for the feeble-minded and epileptic, upon the date of the taking effect of this act, who were accepted or admitted into said home prior to May eighteenth, nineteen hundred nine, whether by direct application to the board of control or on the recommendation of the superintendents of the poor of the several counties of the state, shall be considered and deemed to have the same status in all respects as inmates admitted to said home after said date, upon the completion of the pro- cedure provided for hereinafter. - - (449) SEC. 2. Within twenty days after this act shall take effect it shall be the duty of the superintendent of said home to make application in writing to the judge of probate of each county in the case of any inmates in said home who were admitted from the county for which each such judge of probate is acting, and to state therein the date of admission, Certain inmates, Status of. Application of superin- tendent, what to State. the parents, guardians, or other relatives or persons with whom such inmates resided at the time of admission or who have subsequent thereto been substituted therefor; the princi- pal reasons why each such inmate was originally admitted to said home, and his or her present condition; whether such in- mate was admitted as a public or a private charge, and whether such inmate is now a public or a private charge; and if a private charge, the name of the person or persons re- sponsible for his or her support in said home. Upon the re- ceipt of such application it shall be the duty of the judge of probate to set a day of hearing thereon and to give notice thereof to the next of kin of said person if they can be found Hearing, notice, etc. in the county, and to the person or persons who are providing for the support of such inmate, if any; and if upon the hear- ing the court shall find such person to be feeble-minded or 25 194 LAWS RELATING TO THE Rules of . construction of statutes. Rules of construction. Superintend- ents of poor to make annual report. What to contain. epileptic, the court shall enter an order committing said per- son to the Michigan home for the feeble-minded and epi- leptic as a public or private charge, as the case may be. Up- on the entry of such order, a certified copy thereof shall forth- with be sent by mail to the superintendent of said home, who shall file the same, and make a report thereof at the next meeting of the board of control of said home. ** I NSANE PERSON ?” CONSTRUED. [Extract from R. S. 46, Ch. 1.] (450) $ 50. SEC. 3. In the construction of the statutes of this state, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislature, that is to say: 1. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases, and such as may have ac- quired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning; - º: + + + + + + + + + 7. The words “insane person,” shall be construed to in- clude an idiot, a non compos, lunatic, and distracted person. REPORT OF SUPERINTENDENTS OF POOR AS TO INSANE, [Extract from Act 148, S. L. 1869.] l (451) $ 4529. SEC. 28. It shall be the duty of the super- intendents of the poor of each county, on or before the twentieth day of October in each year, to report to the sec- retary of the state, for the year ending on the thirtieth day of September next preceding, and in such form as such sec- retary shall direct, the condition of such poor-house during the preceding year; which report shall contain a statement of the number of paupers, insane, idiots, blind, mutes, and the average number of each class maintained during the preced- ing year; also the cost of supporting such persons in the poor-house; the salary of the keeper thereof; the amount paid for medical attendance; the estimated amount earned by paupers, and their nationality; the amount paid for the trans- portation of paupers; the amount paid to supervisors for ETC. *T*** ***, Ti ºr , sº ::. . 2, #} | . ' ' ' … - - | INSANE AND FEEBLE-MINDED. 195 * services; the amount paid to superintendents of the poor; the number of persons who have received temporary relief outside [of] the poor-house during the year; and the amount paid for such relief; the value of county farms, including buildings; the value of all personal property belonging or attached to such poor-house and farm, and the income re- ceived from the county farm. Such report shall also contain a statement of the general condition of the farm-house and other buildings, the manner in which paupers are treated, how they are fed, clothed, and in what manner such persons are cared for; how the insane and idiots are kept, and what are their accommodation and treatment; how the pauper children are educated; what the facilities are for bathing, heating and ventilation, and to include all other information necessary to give a complete account of the condition of such poor-house. - (452) $ 4530. SEC. 29. Any superintendent who shall Liability for - neglect to neglect or refuse to make such report as aforesaid, or who ſº. shall wilfully make any false report, shall forfeit one hun- dred dollars; and the secretary of state shall give notice to the prosecuting attorney of the county of every such neg- lect or refusal, or misconduct. insanity, ETC., OF CONSTABLE BEFORE EXECUTING WRIT. [Extract from Judicature Act of 1915.1 (453) SEC. 30. If any constable to whom any execution Death, etc., - - - - of constable shall have been delivered, shall die, become insane, or by §. sickness, or otherwise, be incapable of completing the ser- " " ": vice and return thereof, before such writ shall have been fully executed, any other constable may proceed thereon in the same manner that the constable to whom such writ was originally delivered might have done. The above is section 30, ch. lxxii, of the judicature act of 1915, and super- sedes sec. 894, C. L. '97. - COMPHLATIONS OF CERTAIN LAWS. [Extract from Act 44, P. A. 1899.] (454) SEC. 2. + + + º: + º: * Pamphlet And the secretary of state is further authorized to publish * and distribute to all persons who shall require them, in pamphlet form, duly annotated and indexed, compilations 196 LAWS RELATING TO THE . General tax law. Educational statistics, etc., what to contain. Who to deliver books to SuccessOTS. Neglect, etc., to deliver books to SuccessOT. Penalty. Proviso, township, etc., officers, of the general laws upon the following subjects: Elections, schools, drains, highways and bridges, live stock, sanitation, manufacture, sale and use of spirituous liquors, public health, game and fish, support of poor persons, railroads, banking, mining corporations, manufacturing and mercan- tile corporations, insurance corporations, building and loan associations, general charter for villages, general charter for cities of the fourth class, biennial supplement to the town- ship officers' guide, marriage and divorce, juvenile laws, and laws relating to the care of the insane, and all acts of a gen- eral nature given immediate effect by the legislature within thirty days after their passage. + + + + Am. 1911, Act 240; 1915, Act 29. statistics of certain institutions. [Extracts from Act 44, P. A. 1899.1 (455) SEC. 27. The statistics of educational, charitable, reformatory and penal institutions shall be arranged in such a way as to show the cost of conducting each of said institu- tions during the two fiscal years preceding, salary of officers, the amount of legislative appropriation, receipts, from all other sources, and all expenditures, and for what purposes. The said statistics shall also show the number of students, inmates or prisoners, according to the nature of each institu- tion, and the instruction or employment given. (456) SEC. 34. Every person or officer who shall receive any of the books distributed by the secretary of state, which are required by this act to be placed in his library, and each city, village, township and county officer, shall, when he ceases to hold such office, deliver over to his successor in office all such books received by him ; and any person who shall neglect or refuse to deliver over to his successor in office all Such books, received by him as aforesaid, shall be liable to such successor in an action for money had and received to the full amount it shall cost him to furnish himself with such books, and costs of suit; which action shall, on request, be brought and prosecuted by the prosecuting attorney of the county; and any person who shall knowingly and wilfully retain any such books in his possession, or refuse to pass them over to his successor, shall also be subject to a penalty in a sum not exceeding fifty dollars, or be imprisoned in the county jail not exceeding three months, or both, in the dis- Cretion of the court: Provided, however, That township and county officers receiving the abstract of reports of county superintendents of the poor, of sheriffs, or of the insane, deaf, * INSANE AND FEEBLE-MINDED. 197 * º dumb and blind, shall not be required to pass them over to their successors. STATISTICAL INFORMATION AS TO INSANE, ETC., PERSONS. An Act to provide for the collection of statistical information of the insane, deaf, dumb, and blind in this state, and to repeal a joint resolution relative to statistical information of the insane, deaf, dumb, and blind, approved April three, eighteen hundred and forty- eight, being section one thousand eight hundred and eighty-three, chapter fifty-two, compiled laws of eighteen hundred and seventy- One. [Act 109, P. A. 1873. ] The People of the State of Michigan enact: (457) S 4637. SECTION 1. It shall be the duty of the su- pervisor or assessor of each township and Ward in this state at the time of making his general assessment and assess- ment roll for his township or ward in each year, to ascertain and set down in a blank prepared for that purpose, the names of all insane, deaf and dumb, dumb, blind, epileptic, and idiotic persons in his township or Ward, showing the person’s age, general health, habits, and occupation; the kind, degree, and duration of such affliction; the sex; whether mar- ried or single, or widowed; the time under medical treat- ment; the pecuniary ability of the person thus afflicted, and of the relatives of such person liable for his or her support; whether supported wholly or in part by the public, and such further information relative to these classes of persons as may be thought useful. Such supervisor or assessor shall deliver said blank to the county clerk of his county on or before the first day of June, and the county clerk shall forth- with transmit said blank to the secretary of state, who shall present an abstract of the information thus obtained to the governor on the thirtieth day of September, or as soon as practicable thereafter. (458) $ 4638. SEC. 2. The secretary of state shall, as soon as practicable after the passage of this act, transmit to each county clerk of this state, a sufficient number of copies of this act to furnish each supervisor or assessor of his county with one; also a sufficient number of blanks to be prepared by him, to be used in carrying out the provisions of Supervisors to collect statis- tics of deaf, dumb, blind, insane, etc. When blanks delivered to county clerk. County clerk to transmit to secretary of state. Secretary of state and county clerks to distribute this act and blank returns. this act. The county clerk of each county shall, on receiving the same, immediately distribute said copies and blanks to the supervisors or assessors of his county. The secretary shall each year thereafter, before the first day of April, trans- mit to each county clerk a sufficient number of blanks, to be distributed by such clerk to the supervisors or assessors of 198 LAWS FRELATING TO THE Definition of dependent child, etc. Delinquent child defined. his county, to be used in carrying out the provisions of this act. DEPENDENT, ETC., CHILD DEFINED. [Extracts from Act 6, P. A. (Ex. Sess.) 1907.] (459) SECTION 1. For the purpose of this act the words “dependent child” and “neglected child” shall mean any child who for any reason is destitute or homeless or abandon- ed or dependent upon the public for support, or whose mother is unmarried or has been deserted by her husband, or if her husband has been declared insane or is feeble-minded, epileptic or blind and is confined in a state hospital or other state institution, and is poor and unable to properly care for and support said child or who has not proper parental care or guardianship, or who habitually begs or receives alms, or who is found living in any house of ill fame, or with any vicious or disreputable person, or whose home by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an un- fit place for such child; any child under the age of twelve years who is found begging, peddling or singing or playing any musical instrument as a business, or who accompanies or is used in the aid of any person so doing. The words “de- linquent child” shall include any boy or girl under seventeen years of age who violates any law of this state or any city or village ordinance, or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of ill repute, or who knowingly patronizes or frequents any policy shop or place where any gaming device is or shall be operated, or who patronizes or frequents any saloon or place where intoxicating liquors are sold, or who frequents or patronizes any public pool room or bucket shop, or who wanders about the streets in the night time with- out being on any lawful business or occupation, or who habit. ually wanders about any railroad yard or track, or jumps or hooks on to any moving train, or enters any car or engine without lawful authority, or who habitually uses vile, ob- scene, vulgar, profane or indecent language, or is guilty of immoral conduct in any public place or about any school house; every child who is vicious, incorrigible or immoral in conduct, or who is an habitual truant from school, or who habitually wanders about the streets and public places during school hours without any lawful occupation or employment, or who runs away from his or her home, or place where he -- - - INSANE AND FEEBLE-MINDED. 199 * * or she is lawfuly employed. Any child committing any of Juvenile the acts herein mentioned shall be deemed a juvenile delin- ;" quent person and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this act, or any evidence given in such cause, shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child Evidence for any purpose whatever, except in subsequent cases against hºlised. the same child under this act. Am. 1909, Act 310; 1915, Act 308. (460) SEC. 7. When any child under the age of seventeen Commitment years shall be found to be a dependent or neglected child ſºon. within the meaning of this act, the court may make an order committing the child to the care of some suitable state in- stitution, subject to the law and regulations governing such institution, or to the care of some reputable citizen of good moral character, or to the care of some training school, or industrial school, as such provided by law, or to the care of some duly incorporated and licensed association willing to receive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, which association shall have been approved by the state board of corrections and charities: Provided, That if the mother Proviso. of such dependent or neglected child is unmarried or divorced, or is a widow, or has been deserted by her husband, or if her husband has been declared insane or is feeble-minded, epi- leptic or blind and is confined in a state hospital or other state institution, or is the wife of an inmate of some state penal institution serving sentence therein for crime, or of an inmate of a hospital for the treatment of insane persons who is confined therein for the purpose of being treated for in- sanity or other diseased mental condition and such mother is poor and unable to properly care and provide for said child, but is otherwise a proper guardian, and it is for the welfare of such child to remain in the custody of its mother, the court after investigation and report by the probation officer of the county, may enter an order finding such facts and fixing the Allowance amount of money necessary to enable the mother to properly *..." care for such child, such amount not to exceed three dollars a mother week for each child. Thereupon it shall be the duty of the county treasurer of the county of which such child is a resi- dent, to pay from the general fund of such county, to such How paid. mother at such times as such order may designate, the amount so specified for the care of such dependent or neglected child until the further Order of the court. Such order shall not require the approval of the board of supervisors or county auditor or auditors. The court shall, when the health or when to be condition of the child shall require, cause the child to be jº, etc. placed in a public hospital or in an institution for treatment 200 LAWS RELATING TO THE Dependent perSons admitted to university hospital. Admissibility, how certified. Expenses, how paid. or special care, or in a private hospital or institution for special care or treatment, the expense to be paid from the gen- eral fund of the county of which the child is a resident. Am. 1913, Act 363; 1915, Act 308. MEDICAL, ETC., TREATMENT OF CERTAIN CHILDREN. An Act to provide for the medical and surgical treatment of de- pendent children at the hospital of the Michigan university. [Act 138, P. A. 1881.1 The People of the State of Michigan enact: (461) $ 4559. SECTION 1. That any dependent persons who are or who shall hereafter be inmates of the state public school at Coldwater, the Michigan school for the blind, the Michigan school for the deaf, and the Michigan school for the feeble-minded and epileptic and those who are not inmates of said institutions, but who, if not affected by disease or re- quiring surgical treatment, would be entitled by the laws of this state to admission to said institutions, who may be suffer- ing from chronic disease, or who may need surgical treat- ment for any cause, which is calculated to disable them in whole or in part from self support, shall be entitled to, and shall receive medical and surgical treatment, or either, to- gether with board, lodging, nursing, and other proper care, free of charge, at the hospital established in connection with the Michigan university at Ann Arbor, under the general rules and regulations thereof. - (462) $ 4560. SEC. 2. The admissibility of applicant under this act for such gratuitous treatment, if not inmates of said state public school, the Michigan school for the blind, the Michigan school for the deaf and the Michigan home for the feeble-minded and epileptic, shall be determined and certified in the same manner as their admissibility is now determined and certified to the said state public school, or the Michigan school for the blind, the Michigan school for the deaf and the Michigan home for the feeble-minded and epi- leptic; and in case of dependent persons who are or may be inmates of the said state public school, the Michigan school for the blind, the Michigan school for the deaf and the Michi- gan home for the feeble-minded and epileptic, it shall be de- termined and certified by the superintendent thereof. (463) $ 4561. SEC. 3. The expenses of conveying said dependent persons, whether inmates of the state public school, the Michigan school for the blind, the Michigan school for the deaf or the Michigan home for the feeble-minded and epileptic, INSANE AND FEEBLE-MINDED. 201 or the other class herein named, to and from said hospital, and their board and nursing and other care, in said hospital, shall be paid out of the appropriation provided by this act: Pro- Proviso. vided, That such transportation expenses shall not include the expenses or services of any person accompanying the person to and from said hospital. (464) S 4562. SEC. 4. Before any such dependent child Description shall be sent to such hospital for treatment, a description of ..."; #. the case by the physician of said institution, with his opinion º thereon, or if the child is not an inmate of said institution, then a description of the case by the county physician, where there is one, and if there is no such county physician, a de- scription of the case by some practicing physician with his opinion thereon, shall be sent to the physician in charge of - said hospital : Provided, That no such dependent child shall Proviso. be sent to or received into said hospital unless in the judg- ment of the physician in charge thereof, there is a reasonable chance for him to be benefited by the proposed medical or surgical treatment. - (465) $ 4563. SEC. 5. No physician, surgeon, or employe Physician connected with said hospital shall receive any extra compen. ... Day. sation by reason of aiding in the medical or surgical treat- ment, or the board, nursing, or other care of said children. (466) $ 4564. SEC. 6. The actual expenses for the trans- Transporta- porting of dependent persons to and from said hospital, as ºº provided in this act, and the board, nursing and other care Paid: for said persons while in said hospital, not exceeding the amount charged other persons, patients in said hospital, shall be audited by the board of state auditors, and paid out of any money in the state treasury not otherwise appro- priated. The treasurer of the board of control of the state Accounts, public school, the Michigan school for the blind, the Michigan ..."" school for the deaf, or the Michigan home for the feeble- - minded and epileptic, shall present alſ accounts for the trans- portation of persons to and from said institutions and said hospital, and shall receive payment thereon ; the county treas- urer of the proper county shall present such accounts and receive payment thereon for persons sent from such county, and the treasurer of said university shall present the accounts for the board and nursing of said persons, and shall receive pay thereon ; all of which accounts shall be verified as re- quired by said board of state auditors. 202 LAWS RELATING TO THE SUPERVISION OF INSTRUCTION IN STATE INSTITUTIONS. - [Extract from Act 164, P. A. 1881. I Superinten-. (467) $ 4639. SECTION 1. The superintendent of public #####" instruction shall have general supervision of general instruc. ºpervision, tion in all public schools and in all state institutions that are educational in their character, as follows: The univer- sity, the agricultural college, the institution for the deaf and dumb, the school for the blind, the state industrial school for boys, the state industrial home for girls, the state public school for dependent and neglected children, and the home for the feeble-minded, and any similar institution that may Residence, hereafter be created. He shall reside at the seat of the state º" government and shall devote his entire time to the duties of his office. He shall be a graduate of a university, college or State normal school of good standing, and shall have had at least five years' experience as a teacher or superintendent of schools. His duties shall be as follows: To visit (a) To visit the institutions mentioned above and meet * with the governing boards thereof from time to time; § (b) To direct the supervision of county normal training In OTIſlavl. classes and provide general rules for their management and control;. Enforce laws. Audit records. Report to governOT. (c) To require all boards of education to observe the laws relating to schools, and he shall have authority to compel Such observance by appropriate legal proceedings instituted in courts of competent jurisdiction by direction of the at- torney general; - (d) To examine and audit the official records and ac- counts of any school district, and require corrections thereof when necessary, and to require an accounting from the treas- urer of any school district when necessary; (e) To require all school districts to maintain school or provide educational facilities for all children resident in such district for at least the statutory period; (f) To prepare annually, and transmit to the governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing a statement of the general educational conditions of the state; a general statement re- garding the operation of the several state educational insti- tutions and all incorporated institutions of learning; to pre- sent plans for the improvement of the general educational system if in his judgment it is deemed necessary; the report shall also contain the annual reports and accompanying documents of all state educational institutions so far as the same may be of public interest, and tabulated Statements of the annual reports of the several school officers of the town- ships and cities of the state, and any other matter relating to INSANE AND FEEBLE-MINDED. 203 º his office which he may deem expedient to communicate to the legislature; - (g) To appoint a time and place and proper instructors for a state teachers’ institute and for institutes in the several counties of the state, and make such rules and regulations for their management as he may deem necessary; (h) He may request the governor to remove from office any county commissioner of schools or member of the board of school examiners when he shall be satisfied from sufficient evidence submitted to him that said officer does not possess the qualifications required by law entitling him to hold the office, or when he is incompetent to execute properly the duties of the office, or has been guilty of official misconduct, or of wilful neglect of duty, or of drunkenness. In case said superintendent shall determine the charges submitted to him are well founded he shall file with the governor a statement in writing showing the specific and definite charge or charges made against the officer complained of, and also a statement that he believes the charges to be true, and that in his opin- ion the case demands investigation, which statement shall take the place of the statement of the prosecuting attorney of the county in which said officer is acting; whereupon the governor shall proceed to investigate the case as the statute provides; (i) The superintendent of public instruction shall have power and is hereby required to remove from office, upon satisfactory proof and after at least ten days' notice to the party implicated, any member of any school board except city school districts who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient cause refuse or neg- lect to discharge any of the duties of his office, and in case of such removal it shall be the duty of the said state super- intendent to have recorded in the office of the township clerk of such township the resolution or order for such removal, and such record of such resolution or order so entered or a certified copy thereof shall be prima facie evidence in all courts and places of jurisdiction of the regularity of such proceedings for removal, and said state superintendent shall file a similar copy of the proceedings in the records of his office: Provided, That if the party so removed shall within thirty days after such removal institute proceedings before a court of competent jurisdiction for the setting aside of such order for removal from office, or if after said thirty days such proceedings to obtain such removal shall be discontinued or dismissed, the said order for removal from office shall stand and not be subject to attack by any legal proceedings there: after : Provided further, That when an officer is removed for cause he shall not again be elected or appointed to said office for a period of at least five years thereafter; Teachers' institute. Incom- petents, re- moval of, etc. Procedure. Power to re- move from office. Proviso. Further DTOVISO. 204 LAWS RELATING TO THE To provide educational facilities. Salary. Marriages void without divorce, etc. Proviso. Legitimacy in cases of non-age, etc. In case of idiot, or luna– tic, who may exhibit bill. When nullity not decreed. (j) To do all things necessary to promote the welfare of the public schools and public educational institutions and provide proper educational facilities for the youth of the State. From and after the first day of July, nineteen hundred nine, the salary of the superintendent of public instruction shall be four thousand dollars per annum, which shall be paid monthly out of the general fund in the state treasury upon the warrant of the auditor general in the same manner as the salaries of other state officers are paid. Am. 1905, Act 72 ; 1909, Act 9; 1911, Act 217. DISSOLUTION OF MARRIAGE OF INSANE, ETC., PERSONS. [Extracts from R. S. 46, Ch. 84.] (468) $ 8616. SECTION 1. All marriages which are pro- hibited by law on account of consanguinity or affinity between the parties, or on account of either of them having a former Wife or husband then living, and all marriages solemnized When either of the parties was insane or an idiot, shall, if solemnized within this state, be absolutely void, without any decree of divorce or other legal process: Provided, That the issue of such marriage, except that contracted while either of the parties thereto had a former husband or wife living, shall be deemed legitimate. (469) $ 8643. SEC. 30. Upon the dissolution of a mar- riage on account of the non-age, insanity or idiocy of either party, the issue of the marriage shall be deemed to be in all respects the legitimate issue of the parent who, at the time of the marriage, was capable of contracting. (470) $ 8647. SEC. 35. A bill to annul a marriage on the ground of insanity or idiocy, may be exhibited by any person admitted by the court to prosecute as the next friend of such idiot or lunatic. - (471) $ 8648. SEC. 36. The marriage of a lunatic may also be declared void, upon the application of the lunatic, after the restoration of reason; but, in such case, no sen- tence of nullity shall be pronounced, if it shall appear that the parties freely cohabited as husband and wife, after the lunatic was restored to a sound mind. INSANE AND FEEBLE-MINDED. 205 PERSONS INCAPABLE OF CONTRACTING MARRAGE. [Extract from R. S. 46, Ch. 83. ] (472) $ 8593. SEC. 6. No insane person, idiot, or person who has been afflicted with syphilis or gonorrhoea and has not been cured of the same, shall be capable of contracting marriage. All marriages heretofore contracted between white persons and those wholly or in part of African descent are hereby declared valid and effectual in law for all pur- poses; and the issues of such marriages shall be deemed and taken as legitimate as to such issue and as to both of the parents. Any person who has been afflicted of syphilis or gonorrhoea and has not been cured of the same, who shall marry shall be deemed guilty of a felony and upon convic- tion thereof in any court of competent jurisdiction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in the state prison at Jackson not more than five years or by both such fine and imprisonment in the discretion of the court: Provided, That in all prosecutions under this act a husband shall be examined as a witness against his wife and a wife shall be examined as a witness against her husband whether such husband or wife consent or not: And provided further, That in all cases arising under this act any physician who has attended or prescribed for any husband or wife for either of the diseases above mentioned shall be compelled to testify to any facts found by him from such attendance. No person who has been confined in any public institution or asylum as an epileptic, feeble-minded, imbecile or insane patient shall be capable of contracting marriage without, before the issuance by the county clerk of the license to marry, filing in the office of the said county clerk a verified certificate from two regularly licensed physicians of this state that such person has been completely cured of such insanity, epilepsy, imbecility, or feeble-mindedness and that there is no prob- ability that such person will transmit any of such defects or disabilities to the issue of such marriage. Any person of sound mind who shall intermarry with such insane person or idiot or person who has been so confined as an epileptic, feeble-minded, imbecile or insane patient in any public in- stitution or asylum, except upon the filing of certificate as herein provided, with knowledge of the disability of such per- son, or who shall advise, aid, abet, cause, procure or assist in procuring any such marriage contrary to the provisions of this section shall be deemed guilty of a felony and on con- viction thereof in any court of competent jurisdiction shall be Who capable of contracting Inarrlage. Felony, what deemed. Penalty. Proviso. Further proVISO. Feeble-minded persons, etc., when may ImaTTy. Felony, what deemed. Penalty. punished by fine of not more than one thousand dollars or by imprisonment in the state prison at Jackson not less than 206 LAWS RELATING TO THE Consent required. Guardian of parent. Offense defined. “Patient.” defined. one year nor more than five years, or by both such fine and imprisonment in the discretion of the court. Am. 1899, Act 247; 1905, Act 136. ADOPTION, ETC., OF MINORS. [Extract from Judicature Act of 1915.] (473) SEC. 2. Such adoption, and in case a change of name is desired, such change of name, shall be with the con- sent of the persons hereinafter described, viz.: + + + - + + + + + + + 9. In case any person herein designated as a parent with whose consent such adoption or change of name is desired, shall be insane or mentally incompetent, then such adoption or change of name shall be with the consent of the general guardian of such insane or mentally incompetent parent, and such consent of the general guardian shall have the same force and effect as if made by the insane or mentally incompe- tent person while in sound mind. The above is an extract from sec. 2, chap. lxiv, of the judicature act of 1915, and supersedes sec. 8777, C. L. '97. CARNAL KNOWLEDGE OF CERTAIN FEMALES A FELONY. An Act providing that Carnal knowledge of any female who is a patient in any state or county institution for the care of insane, feeble-minded or epileptic persons, shall constitute a felony, defin- ing the word “patient” as used herein and providing a punishment. [Act 263, P. A. 1911.] The People of the State of Michigan enact: (474) SECTION 1. Any person who shall ravish or carnally know and abuse any female who is a patient in any state or county institution for the care of insane, feeble-minded or epileptic persons, shall be guilty of a felony, and shall be punished by imprisonment in the state prison not more than fifteen years nor less than five years; and such carnal knowledge shall be deemed complete upon proof of penetra- tion only. - (475.) SEC. 2. The term “patient” as used herein shall be construed to mean any female committed to any state or county institution aforesaid and who has not been discharged according to law. º INSANE AND FEEBLE-MINDED. 207 & s (476) SEC. 3. In all prosecutions under the provisions validity of of this act the validity of the commitment shall not be ques. * tioned. STERILIZATION OF MENTIALLY DEFECTIVE PERSONS. An Act to authorize the sterilization of mentally defective persons maintained wholly or in part by public expense in public institu- tions in this state, and to provide a penalty for the unauthorized use of the operations provided for. [Act 34, P. A. 1913.] The People of the State of Michigan enact: (477) SECTION 1. Authority is given to the management sterilization of any institution maintained wholly or in part by public ..." expense, in whose custody may be held individuals who have been by a court of competent jurisdiction adjudged to be and who are mentally defective or insane, to render incapable of procreation, by vasectomy or salpingectomy or by the im- provement of said surgical operation which is least dangerous to life and will best accomplish the purpose, any person who is mentally defective or insane. (478) SEC. 2. The boards of the aforesaid institutions Examining and the physicians or surgeons in charge of each of said ..." institutions, shall for each of their respective institutions stitute. constitute a board, the duty of which shall be to examine such inmates of said institutions as are reported to them by the warden or medical superintendent to be persons by whom procreation would be inadvisable. Such board shall Duty of. receive the report of insanity experts hereinafter mentioned, examine the physical and mental condition of such persons and their record and family history so far as the same can be ascertained, and if in the judgment of a majority of said board, procreation by any such person would produce children with an inherited tendency to insanity, feeble-mindedness, idiocy or imbecility, and there is no probability that the con- dition of such person so examined will improve to such an extent as to render procreation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then said board shali di- rect a competent physician or surgeon with such other assistants as may be necessary, to perform the operation of vasectomy or salpingectomy or any other operation or im- provement on vasectomy or salpingectomy recognized by the medical profession, as the case may be, upon such person. Such operation shall be performed in a safe and humane manner, and the board making such examination, and the institution physician or surgeon shall receive no extra com- 208 LAWS RELATING TO THE Proviso, notice. Further proVISO. When may hire expert physicians. Proviso. pensation therefor: Provided, That at least thirty days' no- tice shall be given to the parents or guardian of such person before the performing of such operation; said notice to specify the purpose, time and place of such examination: Provided further, That when said parents or guardian object to the performance of such operation, then the question of the sanity of such person shall be referred to the probate court of the county in which the institution is located where the question of the sanity and the necessity for this operation shall be determined as in other insane cases before such courts. - - (479) SEC. 3. In case an institution has no physician at its head authority is given to the board of managers to cause such operation to be performed, to hire expert phy- Sicians to examine and report on the condition of the subject, and to perform the operation with such other assistants as may be necessary: Provided, Before said operation is order- ed there shall first be secured from two physicians having Further proviso, com- pensation. Records, when filed, what to Set forth. Proviso. Penalty for illegal operation. qualifications prescribed by law for examiners in insanity, a written statement or report that such operation is desirable in the interests of the patient or the good of the community: And provided further, That these physicians shall be allowed for their services the compensation fixed by statutes for the examination and certification of an insane person. The several sums necessary to carry out the provisions of this act shall be certified to be correct by the respective boards and shall be paid out of the general fund of the state upon the warrant of the auditor general. (480) SEC. 4. In relation to each individual person steril. ized under the provisions of this act, the board of control of the institution in which said person is an inmate shall file with the state board of public health of Michigan, a written record setting forth the name, age, sex, nationality, type or class of mental defectiveness of said person, the nature of the operation performed, the subsequent mental and physical condition as affected by said operation: Provided, That said records shall not be for public inspection, but may be open to inspection of the members of the board of control of the aforesaid institutions and of the members of the immediate family of the person operated upon, or any physician or surgeon designated by them. - . (481) SEC. 5. Except as authorized by this act, every per- son who shall perform, encourage, assist in or otherwise promote the performance of either of the operations describ- ed in section one of this act, for the purpose of destroying the power to procreate the human species, or any persons who shall knowingly permit either of such operations to be per- formed upon such person, unless the same shall be a medical necessity, shall be guilty of a felony, and upon conviction thereof shall be fined not more than one thousand dollars or º * INSANE AND FEEBLE-MINDED. - 209 imprisoned in the state prison not more than five years, or both in the discretion of the court before whom the said per- son or persons were so convicted. UNLAWFUL TO RECEIVE PAWN FROM CERTAIN PERSONs. [Extract from Act 334, P. A. 1907.] (482) SEC. 14. No pawnbroker shall receive any pledge, Pawn, when pawn, articles or thing whatever from any person after re. §§ to ceiving from any one of the officers mentioned in section five * * of this act, or the parent or guardian of any minor or per- son of unsound mind, written notice that such person is a minor, or is of unsound mind, or neglects all lawful business, or that he habitually spends his time in frequenting houses of ill-fame, gaming houses or tippling houses, or that from drinking, gaming, idleness or debauchery of any kind he is squandering his earnings or wasting his estate, or that he is likely to bring himself or family to want, or to render him- self or family a public charge, or that he is suspected of thievery. No pawnbroker shall receive any pawn from any person under eighteen years of age. REPORTING OF TUBERCULOSS CASES BY CERTAIN PHYSI- CIANS, ETC. An Act defining the powers and duties of local health officers and boards of health in the matter of the protection of the people of the State of Michigan from the disease known as tuberculosis. [Extract from Act 27, P. A. 1909.] The People of the State of Michigan enact: (483) SECTION 1. Reports by physicians and others.- Tuberculosis is hereby declared to be an infectious and com- municable disease. It shall be the duty of every physician in the state of Michigan to report in writing on a form to be furnished as hereinafter provided, the name, nativity, age, sex, color, occupation, place where last employed if known, and address, of every person known by said physician to have tuberculosis, to the health officer of the township, city or village in which said person resides, within twenty-four hours after such fact comes to the knowledge of said physician. It shall also be the duty of the chief officer having charge for the time being of any hospital, dispensary, asylum or 27 210 - LAWS RELATING TO THE other similar private or public institution in said state of Michigan, to report in like manner the name, nativity, age, sex, color, occupation, place where last employed if known, and previous address of every patient having tuberculosis who comes into his care or under his observation, within twenty-four hours thereafter. CERTIFICATES OF DEATH. [Extract from Act 217, P. A. 1897.] Who shall (484) S 4615. SEC. 2. Whenever any person shall die, º" the undertaker, householder, relative, friend, manager of in- stitution, sexton or other person superintending the burial of said deceased person, shall cause a certificate of death to be filled out with all of the personal and family particulars re- quired in section three of this act, and attested by the signa- ture of a relative or some competent person acquainted with Physician to the facts. The physician who attended the deceased person gº." during his last illness shall fill out the medical certificate of death. cause of death, which death certificate shall be delivered to the registrar within the time designated, if any, by the local board of health. In case of death without the attendance of a physician, or if it shall appear probable that the deceased person came to his death by unlawful or suspicious means, then the registrar shall refer the certificate to the health officer or coroner for immediate investigation and report prior Proviso. to issuing the permit: Provided, That when the health offi- cer is not a physician and only in such case, the registrar is authorized to insert the facts relating to the cause of death from statements of relatives or other competent testimony. Upon the presentation of a certificate of death properly filled out and signed, the registrar shall issue a permit for the burial or removal of the body and shall immediately record the death in the register of deaths, numbering all certificates consecutively in the order in which they are received, be- - ginning with number one for the first death that occurs in Deaths from each year. In deaths from dangerous communicable diseases, §able burial or removal permits shall be granted by the registrar diseases. only in accordance with the rules of the local board of health and of the state board of health relating thereto. The sexton or other person having charge of the interment or final dis- position of the body shall retain the burial permit when ProViso. presented to him by the undertaker: Provided, That when a body is shipped the removal permit shall be presented by the undertaker or other person shipping the same to the agent of the transportation company, and shall be attached by him, * INSANE AND FEEBLE-MINDED. 211 * with the transit permit, to the box containing the body, to accompany the same to destination, and no transit per- mit shall be issued or received by any transportation com- pany for the shipment of a body unless accompanied by the registrar's removal permit. - Am. 1901, Act 20. TRANSFERRING, E.T.C., CERTAIN UNEXPENDED BALANCES. An Act to provide for charging out and for transferring unexpended balances of appropriations. [Act 236, P. A. 1879.] The People of the State of Michigan enact: (485) $ 1175. SECTION 1. That if the amount appro- Balances of priated by the legislature for any purpose be not needed for *º. the purpose specified, within the time fixed in the act making pended, such appropriation, the balance of any such appropriation ºd. remaining in the state treasury shall be charged to the ac- count that was credited with the appropriation: Provided, Proviso. That in cases where appropriations are made for building purposes, the balances shall not be charged out until the com- pletion of the building contemplated in the act of appropria- tion. - - - (486) $ 1176. SEC. 2. That all balances which have re-Balances mained unchanged on the accounts rendered to the auditor . unchanged general by any of the several state institutions for two years #.*...*. next preceding the close of the current fiscal year shall be etc. - annually transferred to the general, or current expense, ac- count of said institution. (487) $ 1177. SEC. 3. The provisions of this act shall Act to apply apply to all appropriations heretofore made, any part of Kºons. which shall be unexpended at the passage of this act and to all appropriations hereafter made, and the auditor gen- eral shall, at the end of each fiscal year, close the account With each and every appropriation made to cover expenditures from the state treasury prior to the first day of January next preceding the close of the current fiscal year. Sec. 4 repeals all acts or parts of acts contravening the provisions of this act. 212 LAWS RELATING TO THE Board of state auditors may rebuild state build- ings. When gover- In OT may convene board of state audi- tors to rebuild State buildings. When funds insufficient. Proviso, amount. Money bor- rowed to be kept in special fund. REBUILDING STATE BUILDINGS. An Act empowering the governor and board of state auditors to au- thorize the rebuilding or repair of any building owned by the State of Michigan which may at any time be destroyed or damaged by fire, explosion or other accident, and the purchase of property to take the place of any property of the state lost, damaged or destroyed by any such fire or accident, and making a contingent appropriation therefor. [Act 176, P. A. 1895.] - The People of the State of Michigan enact: (488) S 2238. SECTION 1. That whenever a fire, explo- sion or other accident shall occur by which any state institu- tion or any building or property owned by the state of Michi- gan, shall be injured or destroyed, the governing board of such institution, or the legal custodian of the building or property so injured or destroyed by such fire or accident shall furnish to the governor of the state of Michigan a de- tailed statement of the damage to the property of the state by such fire or accident, together with plans and specifica- tions for the rebuilding or repair of any building or build- ings of the state so damaged or destroyed, with a careful estimate of the cost of rebuilding, repairing or replacing the SalT162. (489) $ 2239. SEC. 2. On receiving the statement and estimate mentioned in section one of this act, the governor shall convene the board of state auditors, and the governor and board of state auditors shall conjointly have the power to authorize immediate repair or rebuilding of such building and the purchase of any necessary property to replace that lost, damaged or destroyed; and in case the funds in the state treasury, not otherwise appropriated, shall be insufficient, the governor and board of state auditors may borrow, on the faith and credit of the state of Michigan, such sum or sums of money as shall be necessary, within the restrictions of the constitution of the state, with which to rebuild, repair and restore such damaged or destroyed building, and to pur- chase necessary furniture and other property to take the place of that so lost, damaged or destroyed : Provided, That the amount drawn from the state treasury, including any money borrowed in pursuance of this act, shall not exceed the sum of one hundred thousand dollars during any period extending from the fiftieth day of any legislative session, to the opening of the next succeeding legislature. (490) $ 2240. SEC. 3. All money borrowed in pursuance of the provisions of this act shall be paid to the state treas: urer and kept by him in a special fund, and disbursed only on the warrant of the auditor general, as hereinafter pro- vided. The governing board, or other legal custodian of the * $ -º INSANE AND FEEBLE-MINDED. 213 property of the state damaged by fire or other accident shall keep, or cause to be kept, a separate account of the disburse- ments by reason of such fire or accident, under the head of “special appropriations,” and pay such accounts from any moneys in the current expense fund, rendering monthly, by vouchers to the auditor general, a statement showing the amount disbursed, under an appropriate heading. It shall be the duty of the auditor general to draw his warrant upon the state treasury monthly for a sum sufficient to cover the Auditor general to draw his Warrant. actual disbursements under such heading, which sum shall be paid to the treasurer or legal custodian of the funds of the institution or property damaged or destroyed, or if not con- nected with a state institution, the legal custodian of the property so lost, damaged or destroyed by fire or other ac- cident, to re-imburse its current expense fund for money thus disbursed: Provided, That when warrants shall have been drawn as aforesaid to the amount of one hundred thousand dollars, no further warrant shall be drawn under the pro- visions of this act previous to the expiration of the time limited for the introduction of bills at the next succeeding session of the legislature. (491) ś 2241. SEC. 4. The governing board of any institu- tion, or legal custodian of any property, which shall have been replaced, repaired or rebuilt in whole or in part under the provisions of this act, shall show in their, or his, report to the governor and the legislature of the state of Michigan, the extent of the damage which such institution or property sustained by fire or other accident, and if a building, the plans upon which the same has been or is being rebuilt; if personal property, the extent to which that lost or damaged has been replaced ; likewise the total amount disbursed under the provisions of this act. (492) $ 2242. SEC. 5. That there be and there is hereby appropriated out of any money in the treasury not otherwise appropriated, such sums as may be necessary for the pur- poses of this act not exceeding the sum of one hundred thou- Sand dollars during any biennial period as contemplated in section two of this act. - Governing board to state amount of damage. Appropriation not to exceed one hundred thousand dollars. 214 LAWS RELATING TO THE Who may commit certain in- Sane perSons to Wayne county asylum. When charge against State. State board of corrections and charities to examine into care of patients. May be transferred to State asylum. Wayne county patients, transfer of. Board of state auditors to allow main- –tenance. COMMITMENT OF INDIGENT INSANE TO way NE county ASYLUM, ETC. An act to provide for the committing of indigent insane persons to the Wayne county insane asylum, and for the transfer of such per- sons to the state asylum, and from the state asylum to said county asylum, and to provide for the support and maintenance of such insane persons. [Act 162, P. A. 1897.| The People of the State of Michigan enact: (493) SECTION I. That the judge of probate for the county of Wayne, may commit indigent insane persons who would be a charge against the said county of Wayne, to the Wayne county insane asylum, when they cannot be received into the eastern Michigan asylum, in the same manner and under the same procedure as is provided by law for the admission of insane persons into the state asylums, and the support and maintenance of such insane persons, after two years, shall be a charge against the state, and shall be allowed by the board of state auditors, on proper accounts, certified by the board of superintendents of the poor for said county, and the medi- cal superintendent of said county asylum, upon the certificate of the state board of corrections and charities, that such in- sane persons have received proper treatment and care. (494) SEC. 2. The state board of corrections and charities may, from time to time, with the aid of the medical super- intendent of said county asylum and the medical superintend- ent of one of the state asylums, to be selected by said board, examine into the treatment and care of patients in said county asylum, and said board, in its discretion, may, at any time, direct that any of such patients be transferred to a state asylum, and it shall be the duty of the superintendents of the poor of said county to make such transfer, and as to the patients so transferred, there shall be deducted from the two years for which their support and maintenance in the state asylum may be charged against the said county, the time for which they may have been confined in said county asylum. . (495) SEC. 3. The medical superintendent of either of the state asylums may, with the consent of the trustees thereof, transfer to said Wayne county asylum any insane persons whose support and maintenance would be a charge against said county, and after the expiration of two years, including any time for which they may have been supported and main- tained at expense of said county, the support and mainte- nance of such patients in said county asylum shall be allow- ed by the board of state auditors, on proper accounts, certi- fied by the said superintendents of the poor and the medical INSANE AND FEEBLE-MINDED. 215 superintendent of said county asylum. The medical Super- Transfers intendent of the eastern Michigan asylum may, with the con- º, sent of the trustees thereof, transfer to said Wayne county !º Wayne asylum any insane person or persons under treatment at the asylum. expense of the state of Michigan, who have been committed to the eastern asylum from Wayne county, and the accounts Maintenance. for the maintenance of such patients shall be allowed by the board of state auditors, and paid by the state of Michigan, on proper accounts, certified, as provided in section one of this act: Provided, That no greater sum than the actual Proviso, cost which shall at no time exceed three dollars per week, * shall be allowed and paid under the provisions of this act, for the support and maintenance of any patient at said county asylum : Provided further, No greater sum shall be allowed than shall be charged to counties by said eastern asylum for maintenance of patients during the said period. (496) SEC. 4. The books of said superintendents of the Books, etc., poor shall be open at all times to the inspection of the gov- 'º'; ernor of the state and all persons whom he or the board governor, etc. of state auditors may appoint to examine the same for the purpose of verifications of claims against the State. Sec. 5 repeals all acts or parts of acts contravening the provisions of this act. COMMITMENT OF PAUPER INSANE TO KENT COUNTY ASYLUM, ETC. An Act to provide for the committing of pauper insane persons to the Kent county insane asylum, and for the transfer of Such per- Sons to the State asylum and from the state asylum to the Said County asylum, and to provide for the Support and maintenance of such insane persons. [Act 77, P. A. 1897. I The People of the State of Michigan enact: (497) SECTION 1. That when the board of supervisors of Pauper in- the county of Kent build and equip a county insane asylum ...”. that the judge of probate for the said county of Kent may, º Mºunty in his discretion, commit any pauper insane persons who - would be a charge against the said county of Kent, to the Kent county insane asylum, instead of the state asylum, in the Procedure. same manner and under the same procedure as provided for the admission of pauper insane into the state asylum, by section twenty-six, act one hundred and thirty-five of the - public acts of eighteen hundred and eighty-five; and the Sup- when charge port and maintenance of such insane persons, after two " ". years, shall be a charge against the state and shall be al- 216 - LAWS RELATING TO THE lowed by the board of state auditors, on proper accounts, certified by the board of superintendents of the poor for said county and the medical superintendent of said county asy- lum, upon the certificate of the state board of corrections and charities, that such insane persons have received proper treatment and care. Asylum in- (498) SEC. 2. The state board of corrections and chari- #... of ties shall, from time to time, with the aid of the medical su- ºis. perintendent of said county asylum and the medical super intendent of one of the state asylums to be selected by said board, examine into the treatment and care of patients in said county asylum, and said board in its discretion, may at May transfer any time direct that any of such patients be transferred to ºn a state asylum and it shall be the duty of the superintendent of the poor of said county to make such transfer, and as to the patients so transferred there shall be deducted from the two years, for which their support and maintenance in the state asylum may be charged against the said county, the time for which they may have been confined in said county asylum. - - Medical Su- (499) SEC. 3. The medical superintendent of either of º the state asylums may, with the consent of the trustees there- |º...?" of, transfer to said Kent county asylum any indigent or § pauper insane person whose support and maintenance would - be a charge against said county, and after the expiration of two years, including any time for which they may have been supported and maintained at the expense of said county, the Expense of support and maintenance of such patients in said county asy- * lum shall be allowed by the board of state auditors, on proper jº. accounts, certified by the said superintendents of the poor - and the medical superintendent of said county asylum. The medical superintendent of the Michigan asylum for the in- sane may, with the consent of the trustees thereof, transfer to said Kent county asylum any indigent or pauper insane person or persons under treatment at the expense of the state of Michigan, who have been committed to the Michigan asy- lum for the insane from Kent county, and the account for the maintenance of such patient shall be allowed by the board of state auditors, and paid by the state of Michigan, on proper accounts certified as provided in section one of this act: Limit to cost Provided, That no greater sum than the actual cost per week, f - - - - ºil...a which shall at no time exceed three dollars per week, shall by state. be allowed and paid, under the provisions of this act for the support and maintenance of any patient at said county asylum. Books of Su- (500) SEC. 4. The books of said superintendents of the 5..."..." poor shall be open at all times to the inspection of the gov. inspction. ernor of the state, and all persons whom he, or the board of state auditors, may appoint to examine the same for the purpose of verification of claims against the state. i INSANE AND FEEBLE-MINDED. 217 NATURALHZATION OF WIFE AND CHILDREN OF NSANE ALIENS. An Act providing for the naturalization of the wife and minor chil. dren of insane aliens making homestead entries under the land laws of the United States. [Act of February 24, 1911.] (501) Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress as- sembled, That when any alien, who has declared his inten- tion to become a citizen of the United States, becomes insane before he is actually naturalized, and his wife shall there- after make a homestead entry under the land laws of the United States, she and their minor children may, by comply- ing with the other provisions of the naturalization laws, be naturalized without making any declaration of intention. Naturalization of wife, etc., of insane aliens. INDEX. * INDEX. The references are to compiler’s sections. A. ACCOUNTING : - Sections of state institutions, regulating, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235–241 of moneys received, etc., by state institutions, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 242-249 ACCOUNTS : legislature to provide for keeping of, by state officials, etc. . . . . . . . . . . . . . . . . . . . 5 of expenses of insane patient sent to auditor general. . . . . . . . . . . . . . . . . . . . . . . . 23 with state institutions kept by fiscal years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 of persons under guardianship, guardian to settle. . . . . . . . . . . . . . -- - - - - - - - - - - - 316 of joint guardians, allowance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 326 ACQUITTAL : - of prisoner indicted, by reason of insanity. . . . . . . . . . . . . . . . . . . . -------------- 393 ACTION: for recovery of moneys belonging to asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 for waste, when guardian liable to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392 limitation of certain. . . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- - - - - - - 396 to recover cost of furnishing temporary care to certain poor person . . . . . . . . . . 444 ACTION FOR WASTE : - - when guardians, etc., liable to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392 ACTION OF EJECTMENT: time of disability not included in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390-391 ADMINISTRATORS : etc., Sale of real estate by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362-363 ADOPTION: etc., of minor of insane, etc., parents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473 AGENTS : for non-resident insane persons in partition of real estate. . . . . . . . . . . . . . . . . . . . 358 ALIENS : insane, naturalization of wife and children of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501 ALMSHOUSE : city or village may acquire, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. when unlawful to confine insane in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ANNUAL REPORT: state institutions to make. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 APPEALS : - - from probate court, when may be made, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57, 129, 334 APPRAISAL : of estate of person under guardianship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 APPROPRIATIONS: -- transferring certain unexpended balances of . . . . . . . . . . . . . . . . . . . . --- - - - - - - - - - - 485–487 for rebuilding state buildings, limit of . . . . . . . . . . . . . . . . . . . . . . . . -- - - - - - - - - - - - 492 ASSESSMENT: of property of persons under guardianship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423–424 ASYLUM DISTRICTS : - division of state into. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ASYLUM FOR DANGEROUS AND CRIMINAL INSANE : board of trustees to govern . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - 62 inmates of, personally liable for their own maintenance. . . . . . . . . . . . . . . . . . . . 83 ASYLUMS : inmates of, not deemed to have gained or lost residence. . . . . . . . . . . . . . . . . . . . . revising, etc., laws organizing, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-61 transfer of patients in . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - 13 division of patients in . . . . . . . . . . . . . . . . . . . -- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 when person held as a patient in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 patients in, admitted as public or private. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 who admitted as voluntary patient in hospitals connected with . . . . . . . . . . . . . . . . 35 when non-residents admitted to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 escape of patients from . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . * * * * * 37 when patients in, discharged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 when private patient in, granted parole. . . . . . . . . . . . e - - - - - - - -------------- 38 when inmates allowed to execute deeds, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 49 trustees of, duties of, relative to trust estates of insane persons. . . . . . . . . . . . . . 53 change of names of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ---------------------- 204–206 endowment, incorporation of . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - 207-215 boards of control of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - 250–254 222 INDEX. ASYLUMS-Con. - Sections Kalamazoo, transfer of insane prisoners to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296–298 reports from, to auditor general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302–305 persons not entitled to admission to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440 reporting of tuberculosis cases by officers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483 commitment of indigent insane to Wayne county insane. . . . . . . . . . . . . . . . . . . . 493-496 commitment of pauper insane to Kent county insane. . . . . . . . . . . . . . . . . . . . . . . . 497–500 ATTORNEY GENERAL : - to institute suit to recover certain moneys for state. . . . . . . . . . . . . . . . . . . . . . . . . . 51 AUDITOR GENERAL : - - to prescribe, etc., uniform accounting system to state institutions, etc. . . . . . . . . 223 to keep accounts with state institutions by fiscal years. . . . . . . . . . . . . . . . . . . . . . . 232 etc., to visit state institutions and examine books, etc. . . . . . . . . . . . . . . . . . . . . . . 235 to make quarterly statement to governor of receipts, etc., of state institutions 240 to furnish blanks for certain receipts, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 reports from asylums, etc., to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302-305 B. BITUMINOUS COAL : used in state institutions, to be state product. . . . . . . . - - - - - - - - - - - - - - - - - - - - - - 289-291 BOARD : - - of state institutions to make report to governor, etc. . . . . . . . . . . . . . . . . . . . . -- - - - 217 to take inventory at close of year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 to recommend appropriations needed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 BOARD OF COMMISSIONERS : of certain institutions, appointment, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255–264 not to be interested in certain contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 to examine county jails, etc. . . . . --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 257 of certain institutions, to make examination of certain laws. . . . . . . . . . . . . . . . . . - 261 ame changed to board of corrections and charities. . . . . . . . . . . . . . . . . . . . . . . . 265 BOARD OF CONTROL : of Michigan home and training school, appointment, duties, oath, etc. . . . . . . 93-100 to appoint medical superintendent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 of home for feeble-minded, to have charge of persons for whom trust created . . 126 of farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 of hospitals, etc., providing for incorporation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250–254 of state institution to fix salaries of superintendent, etc. . . . . . . . - - - - - - - - - - - - 279 to solicit sealed bids for furnishing coal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 BOARD OF CORRECTIONS AND CHARITIES : Supts. of poor to report name, etc., of insane person receiving aid to secretary of 47 plans of state buildings submitted to . . . . . . . . -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 222 board of commissioners designated as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 BOARD OF STATE AUDITORS : and trustees to fix rate of charges for insane patients. . . . . . . . . . . . . . . . . . . . . . 44 - and governor may authorize rebuilding, etc., of state buildings. . . . . . . . . . . . . . . . 489 BOARD OF SUPERVISORS : - may make contracts for cure of drunkenness, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 433–437 BOARD OF TRUSTEES : - - of asylums, how constituted, number, duties, etc. . . . . . . . . . . . . . . . . . . . . . . . -- - - 9, 11 appointed by governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 63 to appoint medical superintendent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 to govern asylum for dangerous and criminal insane. . . . . . . . . . . . . . . . . . . . . . . . 62 powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65, 71 compensation, etc. . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 69 of psychopathic hospital, who to compose, etc. . . . . . . . . -- - - - - - - - - - - - - - - - - - - 175–78 to manage endowment asylums, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 (see, also, trustees.) BODIES : transporting unclaimed, for dissection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306–307 BOND : - - of guardian of insane, etc., person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 of guardian of non-resident having estate within this state. . . . . . . . . . . . . . . . . . 323 BUíLDiºGS : for farm colony for epileptics, erection, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 etc., dedicated to state, care, etc., of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282-286 BUTTER : substitutes for, use of, in state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292-293 BUTTERINE : use of, in state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292-293 C. CARN AI. KNOWLEDGE : of female in certain institutions, a felony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474-476 CERTIFICATE : of physician, that person is epileptic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 death, who to obtain, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484 CERTIFICATE OF INSANITY: no person to be held as patient except upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 how and by whom made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 CHAPLAIN : - etc., asylum to have . . . . . . . . . . . . . . . . . . . . . . -------------- - --------------------- 12 CHARGES : - rate of, for inmates of home for feeble-minded and epileptic. . . . . . . . . . . . . . . . 118 CHARITABLE INSTITUTIONS : . INDEX. 223 º º CHILDREN : - Sections dependent, etc., defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- - - - - - - - - - - - - - - - 459 medical, etc., treatment of certain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461–466 CIRCUIT COURT COMMISSIONER : - proceedings before, where either party is incompetent, etc. . . . . . . . . . . . . . . . . . . . . 432 CIRCUIT COURT IN CHANCERY: appeals from certain orders of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 CITATION: issue of, to relatives of indigent insane person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 CITY: may acquire, etc., almshouse, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. service of summons on residents of, in appropriation of property. . . . . . . . . . . . 373 CLERGYMEN : admission of, to visit inmates of state institutions. . . . . . . . . . . . . . . . . . . . . . . . 294-295 CLINICAL PATHOLOGICAL LABORATORY: maintained as part of psychopathic hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 CLOTHING : when insane patient furnished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 COAL: bituminous, used in state institutions, to be state product. . . . . . . . . . . . . . . . . . . . 289-291 COCAINE : persons addicted to use of, petition for treatment of . . . . . . . . . . . . . . . . . . . . . . . . 433 COMMISSIONERS : to select site, etc., for farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . . . . . . . -134 CONDEMINATION: - of property by state, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369-372 . CONSTABLE : - - insanity, etc., of, before executing writ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 CONSTITUTIONAL PROVISIONS: relative to asylums, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1–6 CONTRACTS : - when inmates of asylums" allowed to execute, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . officers of institutions not to be interested in certain . . . . . . . . . . . . . . . . . . . . . . . . 275-276 letting of, by state officers, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 for cure of drunkenness, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433–437 CONVEYANCES : - certain, to state, declared valid . . . . . . . . . . . . . . . . . . . .* - - - - - - - - - - - - - - - - - - - - - - 50 of proceeds of real estate of feeble-minded, etc., person declared valid . . . . . . . . 123 of certain real estate, when guardian to make. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356-357 CONWICT : confined in asylum, when restored to reason . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . insane, transfer of, to asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296–298 notice given before discharge of . . . . . . . . . . . . . . . . . . > . . . . . . . . . . . . . . . . . . . . . 299-301 COSTS : recovery of, in insanity proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 when recovered against persons adjudged feeble-minded, etc. . . . . . . . . . . . . . . . . . . 119 COUNTIES : - may establish infirmary for support of unfortunate, etc. . . . . . . . . . . . . . . . . . . . . . . service of summons in, in appropriation of property. . . . . . . . . - - - - - - - - - - - - - - - 375 CRIMINAL INSANE : - where, admitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 I). DEAD BODIES : transporting unclaimed, for dissection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306–307 DEATH CERTIFICATES : who to obtain, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4S4 DEBTS : - of person under guardianship, guardian to pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 DEEDS : when inmates of asylums allowed to execute, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . ". . 49 for site for farm colony for epileptics, executed to state. . . . . . . . . . . . . . . . . . . . 137 DEPENDENT CEIILD : - efined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459 DEPENDENTS : jurisdiction of probate court as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DETENTION: of person believed insane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 DISCHARGE : - of patients in psychopathic hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 DISSECTION : - transporting unclaimed dead human bodies for . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306–307 DISSOLUTION : of marriage on account of insanity, etc., of either party. . . . . . . . . . . . . . . . . . . . 469 DISTRIBUTION : - of proceeds of trust estate, consent of insane, etc., persons. . . . . . . . . . . . . . . . 368 DOWER : - of person under guardianship, guardian may assent to . . . . . . . . . . . . . . . . . . . . . . . . 3.18 of married woman, barring right of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. when insane woman barred of right of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401–406 DRAINS : - service of summons in appropriating property in locating . . . . . . . . . . . . . . . . . . 379 DRUNKARD : - etc., who may petition for treatment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 DRUNKENNESS : contracts for cure of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 INDEX. E. EASTERN MICHIGAN ASYLUM : Sections name changed to Pontiac state hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 EJECTMENT: time of disability not included in action of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390-391 ELECTOR : when deemed to have gained or lost residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. ENDOWMENT: hospitals, etc., incorporation of . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - 207-215 EPILEPTICS : establishing farm colony for treatment of . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - 133–172 petition for admittance of, to farm colony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 statistical information as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457-458 carnal knowledge of female in institutions for care of, a felony. . . . . . . . . . . . . . 474-476 ESTATE : when insane patient possesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 of person under guardianship, appraisal of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 probate judge to have jurisdiction of matters relating to settlement of . . . . . . 333 of insane persons, etc., sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340-355 partition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 consent of insane person as to distribution of proceeds of . . . . . . . . . . . . . . . . . . 368 personal, who may bequeath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 of person dying intestate, administration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 EXECUTOR : of will, etc., of insane person, to turn over certain moneys belonging to state 52 of will of feeble-minded, etc., person to pay over all moneys payable to state. . 125 FARM COLONY FOR EPILEPTICS : - establishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133–172 FEEBLE-MINDED AND EPILEPTIC: - - revising law relative to care of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92–132 eligible to admission to Michigan home for feeble-minded. . . . . . . . . . . . . . . . . . . . 104 when relatives of, liable for support of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 anyone in custody as, entitled to writ of habeas corpus. . . . . . . . . . . . . . . . . . . . . . 117 When cured, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 When, may marry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 carnal knowledge of female in institutions for care of, a felony. . . . . . . . . . . . . . 474-476 FEMALE : admitted to asylum, who to accompany to institution . . . . . . . . . . . . . . . . . . . . . . . . 46 who to accompany, to home for feeble-minded and epileptic. . . . . . . . . . . . . . . . . . 120 in certain institutions, carnal knowledge of, a felony. . . . . . . . . . . . . . ---------- 474-476 FEMALE VISITORS : governor to appoint, to certain institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 FISCAL YEAR : - - accounts with state institutions kept by . . . . . . . . . . ----------------------------------- 232 of state, changing of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233–34 FORM : of order for admission to home for feeble-minded and epileptic. . . . . . . . . . . . . . . . 106 of order for admission to farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . . . 157 G. GOVERNOR : to appoint board of trustees of asylums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 63 to appoint commissioners to select site, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 to appoint members board of control of farm colony for epileptics. . . . . . --------- 142 to remove negligent, etc., officers of institutions, etc. . . . . . . . . . . . . . . . . . . . . . . . . 237 to appoint board of commissioners of certain institutions. . . . . . . . . . . . . . . . . . . . 255 may appoint female visitors to certain institutions. . . . . . . . . . . . . . . . . . . . . . . . . . 264 on Aºs” of state auditors may authorize rebuilding, etc., of state buildings. . 489 separation of highway and railroad, service of summons. . . . . . . . . . . . . . . . . . . . 376 GUARDIAN : for insane person, when court to appoint. . . . . . . . . . . . . . . . . . . . . . ----------------- 25 of insane person, when liable for costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 for whom probate judge may appoint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 bond of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------- - - - - - - - - 312 when, becomes insane, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 320 of non-resident having estate in this state, bond of . . . . . . . . . . . . . . . . . . . . . . . . 323 to have custody of person of his ward, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 to make report to probate judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 jurisdiction of probate judge as to appointment of, etc. . . . . . . . . . . . . . . . . . . . . . . 333 when, to convey certain real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356-357 to represent ward in proceedings for partition of lands. . . . . . . . . . . . . . . . . . . . . . 359-361 etc., sale of real estate by . . . . . . . . . ------------------------------------------ 362-363 when, liable to action for waste. . . . . . . . . . . . . . . . . . . .- - - - - - - - - - - - - - - - - - - - - - - - - 392 of married man, when wife may join, in conveyance of real estate. . . . . . . . . . 426-429 of insane, etc., parent, to consent to adoption of child. . . . . . . . . . . . . . . . . . . . . . GUARDIAN AD LITEM : - to represent feeble-minded, etc., person at hearing, who to appoint. . . . . . . . . . . . 106 when, appointed for incompetent, etc., person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335-336 GUARDIAN SHIP : - - - of person and estate of feeble-minded or epileptic persons under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --------------------------------------- sale of real estate of persons under guardianship assessment of property of person under . . . . . . . . . º INDEX. 225 } H. HABEAS CORPUS : Sections When insane, person entitled to writ of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 feeble-minded and epileptic person in custody entitled to writ of . . . . . . . . . . . . . . 117 HOME FOR FEEBLE-MINDED AND EPILEPTIC : name changed to Michigan home and training school. . . . . . . . . . . . . . . . . . . . . . . . 92 who eligible to admission into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 When inmates of certain institutions committed to . . . . . . . . . . . . . . . . . . . . . . . . . . 112 When patient escapes from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 When patient in, becomes insane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 patients in, transferred to farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . . 168 reports from medical superintendent of, to auditor general. . . . . . . . . . . . . . . . . . . . 304 status of certain inmates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448-449 inmates of, providing medical, etc., treatment for . . . . . . . . . . . . . . . . . . . . . . . . . . 461–466 supervision of instruction in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 (see also Michigan home and training school.) - HOSPITALS : - - counties may establish, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ---------------- 3 for insane, service upon inmates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 change of names of asylums to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 endowment, incorporation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207-215 etc., boards of control of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250-254 reporting of tuberculosis by officers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483 (See asylums.) HUSBAND : etc., when, may appeal from certain orders of probate, etc., courts. . . . . . . . . . . . 334 - I. IDIOT : - partition of estate of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337–339 - 340-355 conveyance, etc., of lands, etc., withholding lands of, from sale 41 platting lands of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413-421 pauper, Support of, outside of poor house. . . . . ------- - - - - - - - - - - - - - - - - - - - - - - - - - 439 “insane person” construed to include . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 etc., statistical information as to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- - - - - - - - - 457-458 etc., dissolution of marriage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46S-471 etc., incapable of contracting marriage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 INCOMPETENT PERSONS: etc., change of residence of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 appointment of guardian ad litem for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335-336 conveyance, etc., of lands, etc., by . . . . . . . . . . . . . . .-- - - - - - - - - - - - - - - - - - - - - - - - . 340-355 when guardian to convey real estate of . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - 356-357 capacity of, to buy and sell. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40S withholding lands of, from sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 platting of lands of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413-421 sale of land of, for unpaid taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 proceedings before circuit court commissioner where parties are . . . . . . . . . . . . . . 432 - “INDICTMENT: - when person escapes, upon grounds of insanity. . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 INDIGENT INSANE : - - commitment of, to Wayne county asylum, etc. . . . . . * - - - - - - - - - - - - - - - - - - - - - - - - 493-496 INDIGENT PATIENTS : - - - preference given to, in admitting to home for feeble-minded and epileptic. . . . . . 106 INDIGENT PERSON : - When insane patient an . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ----------- 26 epileptic, admitted to farm colony for epileptics. . . . . -- - - - - - - - - - - - - - - - - - - - - - - 154 INDUSTRIAL HOME FOR GIRLS : - - when inmate of, committed to home for feeble-minded and epileptic. . . . . . . . . . . . 112 woman physician to be employed in . . . . . . . ------------------------------------------------------------- 288 INDUSTRIAL SCHOOL FOR BOYS : -- When inmate of, becomes insane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 when committed to home for feeble-minded and epileptic. . . . . . . . . . . . . . . . . . 112 INFIRMARY : - - county may construct, etc., for support of unfortunate, etc. . . . . . . . . . . . . . . . . . . 3 INMATES : - - of hospitals for insane, service, etc., upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 of state institutions, admission of clergymen to visit. . . . . . . . . . . . . . . . . . . . . . . 294-295 status of certain, of home for feeble-minded and epileptic . . . . . . . . . . . . . . . . . . 448-449 of home for feeble-minded and epileptic, providing medical, etc., treatment for . . 461–466 INSANE : service of process, etc., upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 what to include . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 of Wayne county, maintenance, etc., of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - * * 60 etc., report of superintendents of poor to secretary of state as to . . . . . . . . . . . . 451–452 compilation of laws relative to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 etc., statistical information as to . . . . . . . . . . . . . . . . . ------------------------ 457-45S dissolution of marriage of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468–471 etc., parent, guardian of, to consent to adoption of child. . . . . . . . . . . . . . . . . . . . 473 etc., institutions for, carnal knowledge of females in, a felony. . . . . . . . . . . . . . 474-476 sterilization of persons adjudged to be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477–481 indigent, commitment to Wayne county insane asylum . . . . . . . . . . . . . . . . . . . . . . 493-496 pauper, commitment of, to Kent county insane asylum . . . . . . . . . . . . . . . . . . . . . . 497-500 INSANE ALIEN : naturalization of wife and children of . . . . . . . 29 226 INDEX. INSANE ASYLUMS : (see asylums.) Sections INSANE CON VICT : notice given before discharge of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299-301 INSANE PATIENT : - when, is an indigent person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 when, sent to chartered private asylums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 31 transfer of, to state asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 rate of charges for, who to determine, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 to be comfortably clothed, etc., before sent to institution . . . . . - - - - - - - - - - - - - - - 46 INSANE PAUPERS : sale of personal property of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 INSANE PERSONS : institutions for benefit of, to be fostered, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . who may petition for order for admission of, to asylum . . . . . . . . . . . . . . . . . . . . - 22 when restored to sound mind. . . . . . . . . .* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 when, entitled to writ of habeas corpus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 when unlawful to confine, in almshouses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 when, for whom trust created removed to asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 54 proceedings when, becomes sane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 55 what to include . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 58 in asylum for dangerous and criminal insane personally liable for his mainte- 83 Ilan Ce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - transfer of certain, to state asylums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 partition of lands of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337-339, 358-361 when guardian to convey real estate of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356-357 consent of, as to distribution of proceeds of trust estate. . . . . . . . . . . . . . . . . . . . . . 36S acquisition of real estate of, by railroad. . . . . . . . . . . . . . . . . -------------- . . . . 382–383 how property of, acquired by union depot companies. . . . . . . . . . . . . . . . . . . . . . . . 384-385 how property of, acquired by plank road company. . . . . . . . . . . . . . . . . . . . . . . . . . . 386-388 etc., suits by and against. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397-398 etc., proceedings to enforce lien upon property of . . . . . . . . . . . . . . . . . . . . . . . . . . 399 how construed . . . . . . . . . . . . . . . . . . . . . . . . . . . .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 450 etc., incapable of contracting marriage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 INSANE PRISONERS : - transfer of, to asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296–298 INSANE WOMAN : - - when, barred of right of dower. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401–406 INSANITY: person not held as patient in asylum except upon certificate of . . . . . . . . . . . . . . 20 when person escapes indictment upon grounds of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 of parties to action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 acquittal of prisoner indicted by reason of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 etc., of constable before executing writ. . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 453 dissolution of marriage on account of, issue of, deemed legitimate. . . . . . . . . . . . 469 INSTITUTIONS: for benefit of insane persons, etc., to be fostered, etc. . . . . . . . . . . . . . . . . . . . . . . . 6 officers of, not to be interested in certain contracts. . . . . . . . . . . . . . . . . . . . . . . . 275-276 statistics of certain . . . . . . . . . . . . . . . . . . -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 455-456 INSTRUCTION : Supervision of, in state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 - INTESTATE ESTATE : - what administered as . . . . . . . . . . . .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 411 INTESTATES : - administration of estates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 INTOXICATING LIQUORS: persons addicted to use of, petition for treatment of . . . . . . . . . . . . . . . . . . . . . . . . 433 IONIA STATE HOSPITAL : name of state asylum changed to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 J. JOINT GUARDIANS : - allowing accounts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 }}}}} OF PROBATE: (see probate judge.) when, summoned to determine question of sanity, etc., of person . . . . . . . . . . . . . . 22 officers of asylum for dangerous and criminal insane exempt from serving on . . . . 74 JUVENILE DELINQUENT : defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459 - - K. KALAMAZOO STATE HOSPITAL : name of Michigan asylum for insane changed to . . . . . . . . . . . . . . . . ---------------------- 204 KENT COUNTY INSANE ASYLUM : - - commitment of pauper insane to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497-500 L. LANDS : of insane, etc., persons, partition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337-339, 358-361 of insane persons, etc., conveyance, etc., of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340-355 of persons under guardianship, partition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359-361 who may devise, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410–411 of incompetent persons, etc., withholding from sale. . . . . . . . . . . . . . . . . . . . . . . . 412 sale of, for unpaid taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 LAUDANUM : persons addicted to use of, petition for treatment of . . . . . . . . . . . . . . - - - - - - - - - - 433 INDEX. 227 º: ſ º LAWS : Sections relating to care of insane, etc., compilation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 LEGISLATURE : to provide for keeping of accounts by state officials, etc. . . . . . . . . . . . . . . . . . . . . 5 LICENSE : - N" sell real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ‘. . 364-367 proceedings to enforce, upon property of insane person, etc. . . . . . . . . . . . . . . . . . 399 LUNATIC : partition of estate of . . . . . . . . . . . . . . . . . . . . . . . . . -- - - - - - - - - - - - - - - - - - - - - - - - - - - 337–339 conveyance, etc., of lands, etc., by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340-355 platting lands of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -------- 413-421 pauper, support of, outside of poorhouse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 “insane person” construed to include . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 when marriage of, declared void . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471 LUXURIES : in state institutions, what deemed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 M. MAINTENANCE: insane person in asylum for dangerous and criminal insane to be personally liable for own . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 of certain patients in state asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438 MARRIAGE : - of insane, etc., persons, dissolution of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468–471 insane, etc., persons incapable of contracting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 MARRIED WOMAN : - how, may bar right of dower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 MEDICAL DIRECTOR : - of psychopathic hospital, to be chief officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 MEDICAL SUPERINTENDENT : - - etc., asylum to have. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 to be chief executive officer of asylum, duties, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 to examine patients, etc. . . . . . . . . . . . . . . . . . . .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 15 of asylum, when may discharge patient, grant parole, etc. . . . . . . . . ---------------- 38 of asylum for dangerous and criminal insane to be chief executive. . . . . . . . . . . . 73 of asylum for dangerous and criminal insane to keep record of patients. . . . . . 79 of asylum for dangerous and criminal insane, report of . . . . . . . . . . . . . . . . . . . . . . - 87 of Michigan home and training school, appointment, etc. . . . . . . - - - - - - - - - - - - . . 101 of home for feeble-minded and epileptic, when may discharge patient. . . . . . . . . . 115 to make report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------------- -------------------- 121 of farm colony for epileptics, board to appoint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 MEDICAL TREATMENT: - of certain children . . . . . . . . . . . . . . . . . . . . . ---------------------------------------- 461–466 MENTAL DISORDERS : - - - providing for treatment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 MENTALLY DEFECTIVE PERSONS : - sterilization of . . . . . . . . . . . . . . . . . - 477-481 MICHIGAN ASYLUM FOR DANGERO to be known as state asylum . . . . . . . . . . . 206 MICHIGAN ASYLUM FOR INSANE : name changed to Kalamazoo state hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 MICHIGAN FARM COLONY FOR EPILEPTIC establishment of . . . . . . . . . . . . . . . . --------- . . . . . . . . . . . . . . . . . . ----------------- 133-172 MICHIGAN HOME AND TRAINING SCHOOL : - home for feeble-minded and epileptic to be known as . . . . . . . . . . . . . . . . . . . . . . . . 92 (see home for feeble-minded and epileptic.) - - - MICHIGAN HOME FOR FEEBLE-MINDED AND EPILEPTIC: (see home for feeble- minded and epileptic and Michigan home and training school.) - MICHIGAN SOLDIERS' HOME : - admittance of member of, to asylum . . . . . . . . . . . . .-- - - - - - - - - - - - - - - - - - - - - - - - - 29 MONEY: - accounting of, received, etc., by state institutions, etc. . . . . . . . . . . . . . . . . . . . . . . 242-249 appropriated for state institutions, how drawn, etc. . . . . . . . . . . - - - - - - - - - - - - - - - - 247 gifts of, etc., for benefit of asylums, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 providing for safe-keeping of public. . . . . . . . . . . . . . . . . . . . . . . . ------------------ 266–273 MORPHIA : - persons addicted to use of, petition for treatment of . . . . . . . . . . . . . . . . . . . . . . . . 433 - - - - N. NARCOTICS : - persons addicted to use of, petition for treatment of . . . . . . . . . . . . . . . . . . . . . . 433 NATURALIZATION: - - of wife and children of insane alien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501 NAVIGATION : , - in º- improvement of, service of summons, etc., in proceedings for . . . . . . . . . . . . . . . . 377 NON-RESIDENT : - person alleged insane, examination, etc - when, admitted to asylums. . . . . . ' ' ' ' ' ' ' ' ' ' - NORTHERN MICHIGAN ASYLUM : - - name changed to Traverse City state hospital NOTICE: - - - given 228 INDEX. O. OFFICERS : Sections of asylum, oath of office, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 of asylum for dangerous and criminal insane exempt from serving on jury, etc. 74 disbursing, etc., duty of . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - 274 of public institutions, not to be interested in certain contracts. . . . . . . . . . . . . . 275-276 OLEOMARGARINE : use of, in state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292-293 OPIUM : - - persons addicted to use of, petition for treatment of . . . . . . . . . . . . . . . . . . . . . . . . 433 ORDER OF ADMISSION : of insane person, who may petition for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 to farm colony for epileptics, form of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 P. PARENT: - insane, adoption of minor children of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473 PAROLE : - when private patient in asylum granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PARTIES TO ACTION: - when, become insane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 PARTITION : - of lands of insane, etc., persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337-339, 358-361 of real estate of wife of man under guardianship . . . . . . . . . . . . . . . . . . . . . . . . . . 422 PATHOLOGIST : - medical director of psychopathic hospital to be, of state asylums. . . . . . . . . . . . . . 182 PATIENTS : transfer of, from one asylum to another. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 in asylums, how divided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 insane, escape of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .---- 36 in Michigan home and training school, how divided . . . . . . . . . . . . . . . . . . . . . . . . 103 in home for feeble-minded and epileptic, certain conveyances by, declared valid. 123 in farm colony for epileptics, how classified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 when, become insane. . . . . . . . . . . . . . . . . . . . . -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 169 in state institutions, when transferred to farm colony for epileptics. . . . . . . . . . 162 in psychopathic hospital, how divided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 provisions governing admission of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 in state asylums, maintenance of certain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438 PAUPER INSANE : - - commitment of, to Kent county insane asylum, etc. . . . . . . . . . . . . . . . . . . . . . . . 497–500 PAUPERS : insane, sale of personal property of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.09 who are idiots, etc., support of, outside of poorhouse. . . . . . . . . . . . . . . . . . . . . . . . 439 PAWN : unlawful to receive, from person of unsound mind, etc. . . . . . . . . . . . . . . . . . . . . . 4S2 PAWNBROKERS : - not to receive pawn from persons of unsound mind, etc. . . . . . . . . . . . . . . . . . . . . 482 PENAL INSTITUTIONS: - - OleOmargarine, etc., may be used in . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * 292 insane prisoners in, transfer of, to Kalamazoo asylum . . . . . . . . . . . . . . . . . . . . . . 296–298 PERSONAL ACTIONS: - - limitation of certain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 PERSONAL PROPERTY: of insane paupers, sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------------- --------- 409 PETITION: - for admission of person to home for feeble-minded and epileptic, who may make 106 for admission to farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 PHYSICIANS : two, to make certificates of insanity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 to examine person alleged insane, appointment, etc. . . . . -- ------------------- 105 two, to examine epileptic person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -------- . . . . . . 1. employment of women, in certain institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287-288 etc., of asylums, etc., reporting of tuberculosis cases by . . . . . . . . . . . . * - - - - - - - - - - 483 PLANK ROAD COMPANIES : how property of insane person, etc., acquired by . . . . . . . . . . . . . . . . . . . . . . . . . . 386-388 PLANS : - for state buildings, submitted to board of corrections and charities. . . . . . . . . . 222 PLATTING : - of lands of incompetent persons, etc. . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - 413-421 PONTIAC STATE HOSPITAL : name of eastern Michigan asylum changed to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 POOREIOUSE : - support of pauper idiots, etc., outside of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 superintendents of, to report number of insane, etc., maintained at. . . . . . . . . . 451–452 POOR PERSONS : granting of temporary relief to certain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440-447 PRISONERS : - - insane, transfer of, to asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296–298 indicted, acquittal of, by reason of insanity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 disposition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- - - - 394 p PRIVATE ASYLUMS : chartered, when insane patients sent to . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - 31 - INDEX. - 229 -- PRIVATE PATIENT : Sections in asylum, when admitted as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - when changed to public patient. . . . . . . . . . . . . . . . . . . . . . . . . . . * - - - - - - - - - - - - - 27 when granted parole. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 in home for feeble-minded and epileptic, when changed to public patient. . . . . . 110 when person admitted as, to farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . 155 when changed to public patient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- - - - - - - - - 160 PRIVATE PROPERTY: condemnation of, by state. . . . . - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369-372 PROBATE COURT : - jurisdiction, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 to deliver copy of order for admission of patient to asylum to prosecuting attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 when, to appoint guardian for insane person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 when to make order changing insane person from public to private patient. . . . 28 to appoint physicians to determine as to insanity, etc., of person . . . . . . . . . . . . . . 105 when to direct discharge of patient in home for feeble-minded and epileptic. . . . 115 appeals from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 reports from, to auditor general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302-305 appeals from certain orders of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 appointment of guardian ad litem by . . . . . . . . . . . . - - - - - - - - - - - - - - - - - -- - - - - - - - - 335-336 when, to authorize guardian to convey real estate. . . . . . . . . . . . . . . -- - - - - - - - - - - 356-357 - when may remove trustee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - 407 PROBATE JUDGE : - jurisdiction, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- 2 to mail certified copy of order for admission of patient to medical superintendent of asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 appeal bond to run to, in insanity proceedings. . . . . . . . . . . . . . . . . . . - - - - - - - - - 57 for whom, may appoint guardians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------ --- 30S guardian to report to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 jurisdiction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - 333 . When, may grant license to guardian, etc., to sell real estate. . . . . . . . . . . . . --------- 364 PROCEEDINGS : - before circuit court commissioner when either party incompetent, etc. . . . . . . . 432 PROCESS : - service of, upon inmates of hospitals for insane, etc. . . . . . . . . . . . . . . . . . . . . . . . . 48 PROPERTY : - - - etc., dedicated to state, care, etc., of . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - 282-2S6 condemnation of, by state. . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - . . . . . . ---------------- 369-372 service of summons in proceedings to appropriate. . . . . . . . . . . . . . . . . - - - - - - - - - 27 R-378 appropriating, for schoolhouse sites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380-381 of insane person, how acquired by union depot company . . . . . . . . . . . . . . . . . . . . 384-385 how acquired by plank road company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386-38S proceedings to enforce lien upon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39: personal, of person under guardianship, assessment of . . . . . . . . . . . . . . . . . . . . . . 423–424 ! PROSECUTING AT TORNEY: - - - to represent state in proceedings to reimburse it for expenses of insane, etc., public patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24, 108 PSYCHOPATHIC HOSPITAL : (see state psychopathic hospital.) - PSYCHOPATHIC. WARD : - - at U. of M., how equipped and purposes. . . . . . . . --------- - - - - - - - - - - - - - - - - - 173 PUBLIC IMPROVEMENTS: - service of summons in appropriating 378 PUBLIC PATIENT : - - in asylum, when admitted as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 when possessed of an estate. . . . . . --------------- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 when private patient changed to . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - 27, 28 insane, how kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..: ' ' ' ' ' ' ' ' 34 in home for feeble-minded and epileptic, when changed to private patient. . . . . . 111 when person admitted as, to farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . 155 in farm colony for epileptics, when changed to private patient. . . . . . . . . . . . . - - - 161 in psychopathic hospital, state to pay expenses of . . . . . . . . . . . -- - - - - - - - . . . . . . 194 - Q. QUIETING TITLE: - - - - - subsequent proceedings, etc., in suits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 RAILROAD GRADES : - - - service of summons in proceedings to $eparate highway and . . . . . . . . . . . . . . . . . . 376 RAILROADS : - - - - acquisition of real estate of insane person, etc., by . . . . . . . . . . . . . . . . . . . . . . . . 3S2–383 REAL ESTATE : - - . . . º conveyance of proceeds of sale, etc., of certain, declared valid. . . . . . . . . . . . . . . o 50 when guardians to convey certain . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 356-35 sale of, by guardians, etc. . . . . . . . . . . . . . . . . . . . - - application to sell . . . . . . . . . . . . . ---------------- . . . . - of insane person, acquisition of, by railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382–383 of wife of man under guardianship, partition of . . . . . . . . . . . . . . . . . 422 426-429 when wife may join guardian of married man in conveyance of . . . REGULATION : of certain state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RELATIVES : - of insane patient in asylum, when liable for support of when unable to pay. . . . . . . . . . . . . . . . . . . . . . . . ... * * * * * * * * * * * * * * * * * * - - - - - - - - when, liable for support of feeble-minded or epileptic. . . . . . *.* 230 INDEX. REPORT: Sections superintendent of asylum to make quarterly. . . . . . . . . . . . . ‘. . . . . . . . . . . . . . . . . . . 44 from asylums, etc., to auditor general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302–305 - of superintendents of poor as to insane, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451–452 S. º SALARIES : ! of superintendents of state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-281 SALE : of real estate by executor, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362-363 of lands of incompetents, etc., for unpaid taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 SCHOOL FOR THE BLINI): woman physician to be employed in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 - SCHOOL FOR THE DEAF : - woman physician to be employed in . . . . . . .‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28S SCHOOLEIOUSES : appropriating property for sites for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380-381 SEALED BIDS : - for coal furnished to state institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 SECRETARY OF STATE : superintendents of poor to report number of insane, etc., maintained at poor- house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451–452 to compile laws relating to insane, etc. . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - 454 to furnish blanks for return of statistics relative to insane, etc. . . . . . . . . . . . . . 45S SERVICE: upon inmates of hospital for insane, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 SERVICE OF SUMMONS: ---- SIT º proceedings to appropriate property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373-37S for farm colony for epileptics, commissioners to select. . . . . . . . . . . . . . . . . . . . . . 134 Mºhºuse. appropriating property for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380-381 division of, into asylum districts. . . . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - : , , . . . . . 14 to pay expenses of examination, etc., of member soldiers’ home committed to 29 asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - to pay expense of public patient in farm colony for epileptics. . . . . . . . . . . . . . . . 158 condemnation of property by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369-372 STATE ASYLUM : transfer of certain insane patients to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 at Ionia, criminal insane admitted to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 name changed to Ionia state hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 asylum for dangerous and criminal insane known as . . . . . . . . . . . . . . . . . . . . . . . . . 206 maintenance of certain patients in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43S STATE BOARD OF CORRECTIONS AND CHARITIES : may direct transfer of indigent insane in Wayne county asylum to state asylum 494 may direct transfer of pauper insane to Kent county insane asylum . . . . . . . . . . . . 498 STATE BUILDINGS : - destroyed by fire, etc., rebuilding of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488–492 - STATE INDUSTRIAL, HOME FOR GIRLS : - when inmate of, becomes insane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 STATE INSTITUTIONS: what known as, regulations, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216-222 uniform accounting system for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223-281 accounts with, kept by fiscal years. . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - r 232 accounting of, regulation, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235–241 accounting of moneys received, etc., by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242-249 fixing salaries of officers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-281 boards of, to prescribe rules, etc., for care, etc., of buildings. . . . . . . . . . . . . . . . . - 282 employment of women physicians in certain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287-288 coal used in, to be product of state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289-291 use of Oleomargarine in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .292-293 admission of clergymen to visit inmates of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294-29. when dependent, etc., child committed to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 460 sterilization of mentally defective persons in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477-481 reporting of tuberculosis cases by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483 STATE OFFICERS : letting of contracts by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 STATE PRISON : - transfer of insane convicts in, to Kalamazoo asylum . . . . . . . . . . . . . . . . . . . . . . 296–298 STATE PSYCHOPATHIC HOSPITAL : organization, location, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173202 STATE PUBLIC SCHOOL AT COLD WATER : when inmate of, becomes insane. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... " ' ". . * * * * * * * * 30 when inmate of, committed to home for feeble-minded and epileptic . . . . . . . . 112 STATISTICS : - of institutions, how arranged, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455-456 of insane, etc., supervisors to collect, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457-458 STERILIZATION: of mentally defective persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477–481 STEWARD : - - - etc., asylum to have . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 of asylum, powers and duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *: when, tº furnish insane patient clothing, etc. . . . . . . . . . . ; ; ; .' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 39 of Michigan home and training school, appointment and duties. . . . . . . . . . . . . . 102 of farm colony for epileptics, board to appoint, duties. . . . . . ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 151 INDEX. - - 231 SUITS : Sections to quiet title, subsequent proceedings, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 by and against insane persons, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397–398 SUPERINTENDENT OF PUBLIC INSTRUCTION: to supervise instruction in state institutions. . . . . . . . . . . . . . . ., - - - - - - - - - - - - - - 467. SUPERINTENDENTS: - - of asylum, to make quarterly report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 of asylums to report quarterly to board of corrections and charities. . . . . . . . . . . 47 of state institutions, salaries of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278-281 SUPERINTENDENTS OF THE POOR : when unlawful for, to confine insane in almshouses, etc. . . . . . . . . . . . . . . . . . . . . . 42 to report name, etc., of insane person receiving aid . . . . . . . . . . . . . . . . . . . . . . . . . . 47 may provide for support of pauper idiots, etc., outside of poorhouse. . . . . . . . . . 439 duty of, as to persons requiring temporary relief - 441–443 report of, as to insane, etc. . . . . . . . . . . . . . . . . . . . . . . . --- 451–452 SURGICAL TREATMENT: - - of certain children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461–466 - T. TAXATION: - endowment asylums, etc., exempt from . . . . . . . . . . . . . TAXES : - unpaid, sale of lands of incompetents for TESTAMENTARY TRUSTEE : when removed by probate court. . . . . . . . . . . . . . . . . . . . . . . . . . . TRANSFER : - of patients from one asylum to another . . . . . . . . . . . . . . . . . . . . . . . . . . . . ---------- 13 of certain insane persons to state asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 of certain patients to farm colony for epileptics. . . . . . . . . . . . . . . . . . . . . . . . . . . 168 from asylums to psychopathic hospital, expenses for . . . . . . . . . . . . . . . . . . . . . . . . 191 TRAVERSE CITY STATE HOSPITAL : - name of northern Michigan asylum changed to - . . TREASURER : - - etc., asylum to have . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TRUSTEES : - - * . of asylum and board of state auditors to fix rate of charges for insane patients 44 of asylums, duties of, relative to trust estate of insane patients. . . . . . . . . . . . . . 53 when removed by probate court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 TUBERCULOSIS : - - . reporting of, by state institutions, etc UNEXPENDED BALANCES : 485–487 transferring, etc., of . . . . . . . . UNIFORM ACCOUNTING SYSTEM : - auditor general to prescribe, etc., for institutions, etc. . . . . . . . . . . . . . . . . . . . . . . . . 223 UNION DEPOT COMPANIES : - - - how property of insane person, etc., acquired by . . . . . . . . . . . . . . . . . . . . . . . . . . 384-385 UNIVERSITY HOSPITAL : - - - medical, etc., treatment of certain persons at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461–466 UPPER PENINSULA HOSPITAL FOR INSANE : name changed to Newberry state hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 V. º -- \ º º VACANCY : - - in board of trustees of asylum, how filled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 VILLAGE : - may acquire, etc., almshouse, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --------- 4 service of summons on residents of, in appropriation of property. . . . . . . . . . . . 374 VOLUNTARY PATIENTS : - who admitted as, to hospitals connected with insane asylums. . . . . . . . . . . . . . . . - 35 in farm colony for epileptics, who admitted as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 admittance of, to certain institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 WAYNE COUNTY : - - - - - - insane of, maintenance, etc., of . . . . . . . . . . . . . - - - - - - ----------------------- . . . . 60 WAYNE COUNTY INSANE ASYLUM : - - - - commitment of indigent insane to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498–496 WIFE : - - - - etc., when, may appeal from certain orders of probate, etc., courts. . . . . . . . . . 334 of man under guardianship, partition of real estate of... . . . ---------- - - - ". . . . . . 422 when, may join guardian of married man in conveyance of real estate. . . . . . 426-429 and children of insane alien, naturalization of . . . . . . . . . . - - WILL : - when inmates of asylums allowed to execute, etc.. competency to make . . . . . . . . . .------------------------- WOMAN : - - insane, when barred of right of dower. . . . . . . . . . . WOMEN PHYSICIANS: - - - employment of, in certain institutions. . . . . . . . . . . WRIT : insanity, etc., of constable before executing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 UNIVERSITY OF MICHIGAN —-mºss- me university of Michigan GRADUATE LIBRARY