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When guardian appointed.

Sanity, of.

determination

Jury,

summoning of.

Fees.

Temporary detention of patients.

Proviso.

Order for admission.

Bond.

substituted service is directed, the name of the person to be served therewith. In such cases the court shall appoint a guardian ad litem to represent such insane person upon such hearing, and in other cases it may appoint such guardian ad litem. The court shall also institute an inquest and take proofs as to the alleged insanity of such person, and shall in all cases take proofs in writing as to the financial circumstances of the person and the financial circumstances of his relatives legally liable for his support, and as to the person's legal settlement, and shall make a full investigation of the above facts before making an 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 necessary, 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 having 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 attendance and mileage as are allowed by law to jurors in the circuit 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 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 period of such temporary detention shall not exceed thirty days, unless the court shall by special order enlarge the time. The alleged insane person shall have the right to be present at such hearing, unless it shall be made to appear to the court. either by the certificate of the medical superintendent of the asylum or the officers in charge of such hospital, home or retreat to which he may have been temporarily admitted, or by the certificate of two reputable physicians, 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 be insane, the court shall immediately issue an order for his admission to an asylum. If at the time of or before the making of such order, a bond for the support of such insane person at such asylum, in accordance with the by-laws thereof, shall be executed by at least two persons to be approved by such probate court and delivered to him, together with such sum

patient.

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 public patient. Such bond and advance payment, together with the order of admission, shall be transmitted by the probate court to the medical superintendent of the asylum. Until such bond Public, 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 payment 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 executing such bond to justify their responsibility anew or order that a new bond be given in 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 insane person shall from the time of such request be regarded as a public patient. If Private the relatives or friends of such insane person shall so re- patient. quest, 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 institution, home or retreat for the admission and support of the insane person as a private patient. The court may appoint a proper when may person or persons to take such insane person to the asylum, appoint 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 Powers and 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, except that he shall not interfere with the admission and detention of the insane person pursuant to the order for admission. The order for Form of admission shall be substantially in the following form:

guardian.

duties.

order.

State of Michigan,

The Probate Court of the County of...

At a session of said court, held at the probate office in in said county,

the

on the

of

day of

A. D.

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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 petition 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

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Order limited,

maintenance,

etc.

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to said asylum, with full power and authority for that purpose.

Judge of Probate.

No person shall be admitted to any such institution under such order after the expiration of thirty days from and inclusive of the date thereof. 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 reimbursed for his maintenance, the court shall direct in said order for admission the payment out of the said estate of the whole or any part of the cost of the maintenance of said patient at the asylum 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 nineteen of this act or until the patient shall be discharged.

Approved May 18, 1909.

[No. 101.]

AN ACT to revise the law relative to the care of the feebleminded and epileptic.

The People of the State of Michigan enact:

SECTION 1. The institution for the custody, care, educa- Name. tion, treatment and discipline of feeble-minded and epileptic persons at Lapeer shall continue to be known as the "Michigan Home for the Feeble-Minded and Epileptic."

members,

incumbents.

SEC. 2. The board of control of said institution shall con- Board of sist of five members to be appointed by the Governor, by and control with the advice and consent of the senate, who shall hold how appointed. office for a term of six years and until their successors are appointed and qualified. The commissions shall, by their Term. terms, expire on the first day of February. The present Present members of the board of control shall continue to hold office until the expiration of their respective terms and until their successors 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 vacancy shall be filled as hereinbefore provided. Members of the board of control shall be subject to Members, removal by the Governor for misconduct or neglect in office removal of. upon cause shown and after an opportunity to be heard.

SEC. 3. The members of said board of control shall con- Body stitute a body corporate under the name and style of "The corporate. Board of Control of the Michigan Home for the FeebleMinded and Epileptic," and shall have the right to use a

common seal and alter the same at pleasure.

SEC. 4. It shall be the duty of the members of said board Duty of board. to meet annually at said institution on such day as said

board shall determine and establish for its annual meeting Organization. in each year, and at such annual meeting they shall elect 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 adjournment, and oftener if it shall deem it advisable.

SEC. 5. The members of said board shall, before entering Oath. 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.

SEC. 6. The members of said board shall receive no com- Compensation. pensation for their services under this act, 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

Government, etc., to be vested in board of control.

Statement, when made, etc.

What to show.

Treasurer to give bond.

rendering of their accounts, out of any money to the credit of the general fund not otherwise appropriated.

SEC. 7. The government and the sole and exclusive control and management of the Michigan Home for the FeebleMinded 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 physical, intellectual and moral training of the inmates of said home.

SEC. 8. The board of control of said institution shall, on or before the tenth day of November preceding each 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 report 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 the year when made. Such report shall show for such biennial period in detail the number and names of the superintendent, 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 inventory 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 first day of November of the year when made, and a summary of such inventory shall be published. in the biennial report of the institution.

SEC. 9. The treasurer of said board shall be required, before entering upon the duties of such office, to give his bond to the people of the State in the penal sum of ten thou sand dollars with two or more sureties to be approved by the Auditor General, conditioned for the faithful performance 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, mortgages and other securities and obligations belonging to said home. Said moneys shall be disbursed only for the use of such home how disbursed. in such manner and method as the board of control may direct. The treasurer shall keep full and accurate accounts

Moneys,

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