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Citation, how and

when served.

Payment,

how and by whom made.

relatives may be adjudged to reimburse the State for the expenses paid and to be paid by it in his behalf. The court shall thereupon issue a citation to said relatives 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. If it shall appear to said court on said hearing that such 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 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, semiannually 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 person is a public patient. If refusal to pay. 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 When unable in any county where any of said relatives may reside. If any

State treasurer, duty of.

Neglect or

May bring action.

to pay sum.

Costs, how paid.

Recovery.

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 hearing 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 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.

petition for

service of.

SEC. 19. When any person in indigent circumstances when may shall have been maintained by his friends in said home as a change of private patient for three months, and the medical superin- order. tendent 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. Notice of Notice, 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 Court to and circumstances of the case, and if deemed proper may investigate. 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 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 provided in section eighteen.

how

SEC. 20. If any person shall be admitted as a public order for patient, his order for admission may be changed to that of admission, a private patient by executing and delivering to the probate changed. court the bond and advance payment for his support mentioned in section fifteen. The probate court shall thereupon make an order changing the admission of said person from

a public to a private patient. All the provisions of said last Provisions named section as to justifying anew by the persons executing applicable. 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 admission was made.

amination.

SEC. 21. Whenever the superintendent of the Industrial Court to School for Boys, the State Industrial Home for Girls, the investigate. State Public School at Coldwater or any other charitable institution supported by the State, shall certify to the probate court of the county in which such school, home or institution 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 personal excause such inmate to be personally examined by two reputable physicians to be appointed by the court, who shall have the qualifications hereinbefore prescribed, 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 Order for to be feeble-minded or epileptic, the court shall immediately public issue an order for his admission as a public patient to the patient. Michigan Home for the Feeble-Minded and Epileptic. When

admission as

Expense, how audited and paid.

Who to benefit.

Removal.

Expenses.

In case of escape of patient.

Recapture, expense of, by whom paid.

When may discharge patient.

Proviso.

When

probate court to direct discharge.

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 forthwith, on receiving such certificate, 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 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 superintendent of the school, home or institution having knowledge of the facts.

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.

SEC. 23. If the patient shall escape, the medical superintendent shall notify the judge committing such patient 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 person 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.

SEC. 24. The medical superintendent may by consent of the board of control discharge any patient in the following 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 superintendent, will not be detrimental to the public welfare nor injurious to the patient: Provided, however, That before ordering such discharge 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 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 writ ing, 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 upon such proofs as may be produced, direct by order the discharge of

such patient, upon such security to the people of the State
as the court may require, for the good behavior and mainte-
nance of the patient. A certified copy of the order shall be
delivered to the superintendent of the home. The superin- Parole.
tendent may grant a parole to a private patient not exceed-
ing thirty days at any one time under general conditions pre-
scribed by the board of control. Such parole shall not affect
the validity of the bond given for the support of such patient.

A patient who has been discharged by the medical superin- Readmittance. tendent may, with the approval of the superintendent, be readmitted to the home under the original order of admis sion at any time within one year after the date of such discharge, but thereafter he shall only be readmitted upon a new adjudication and a new order for admission. 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.

when to

SEC. 25. No patient shall be discharged without suitable Clothing, etc., clothing; and if it cannot be otherwise obtained, the steward furnish. shall, upon the order of the medical superintendent, 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.

determination

SEC. 26. Any one in custody as a feeble-minded or epi- Habeas leptic person in any home or retreat is entitled to a writ of corpus. 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 Mental writ the fact of the person's mental condition shall be in- condition. quired into and determined. The medical history of the of. person as it appears in the books of the 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 touching the mental condition of such person.

fixed.

SEC. 27. The rate of charges per week to be paid the Charges, how home for the board and treatment of patients shall be fixed and by whom 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 prevent the furnishing of extra care and attendance to private patients by special contract. Within ten Governor to be days after the joint meeting of said boards, it shall be their notified, duty.

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 approve 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, duty. tendent shall certify to the Auditor General the name, age and residence of all public patients admitted or discharged during the quarter.

Expenses allowed.

Superin

Who may

Proviso.

SEC. 28. The prevailing party in proceedings under this recover costs. act may in the discretion of the court recover the costs of such proceedings against the other party thereto: Provided, That no costs shall be awarded against the State in the case of the commitment of private patients. An execution 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 recovered against a person adjudged to be feeble-minded or epileptic, his guardian may be ordered to pay them out of his estate. Costs, what to The costs shall include the medical examiners' fees, jury fees, the expense of taking the feeble-minded and epileptic 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 be advanced by the home and shall be included in its quarterly bills and paid by the State.

include.

Patients, care of, en route.

Penalty for violation.

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 accompanied by her father, brother, husband or son. Any person 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 accompany any patient to the home, and not in due time deliver such patient into the lawful care and custody of the proper officer of the home, 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 home, shall be deemed guilty of a misdemeanor.

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