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litem.

ment from

order.

court. The court may appoint a guardian ad litem of such Guardian ad mentally diseased person. At the time of the hearing, if it appear that such mentally diseased 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 such mentally diseased 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 Reimbursepayment of so much or such part thereof as may appear to estate. be proper toward reimbursing the state for the expenses thereto incurred by it on behalf of such mentally diseased 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 maintenance out of the estate of such mentally diseased person. If such guardian shall neglect or refuse to Refusal to comply with such order, the court shall cite him to appear be- comply with fore 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 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 addi- May enforce tional remedy, the prosecuting attorney may enforce payment payment. of the sums provided in the original order, by a proper action in the name of the state. If, in the opinion of the court, the estate of such mentally diseased 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 treasurer shall pay the same to the persons entitled thereto. The proceedings provided for by this section may be begun at any time either before or after commitment, and recovery thereunder may be had for the expenses incurred on behalf of such mentally diseased person during the entire period or periods such mentally diseased person has been a patient in said hospital, home or institution.

when liable

SEC. 18. If a patient is an indigent person and has rela- Relatives, tives who are legally liable for his support, the prosecuting for support. 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 mentally diseased person has been ordered admitted to a state institution 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 thereupon issue a citation to said relatives, also to the supervisor of the township or an alderman of the ward in which such mentally diseased patient has a legal residence, to show cause why the prayer

May order payment.

Collection.

Refusal to pay.

When unable to pay.

When member of sol

diers' home adjudged insane.

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 mentally diseased 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 the payment by such relatives of such sum or sums as he may find they are reasonably able to pay, not exceeding, however, the cost to the state of maintaining said patient. Said order shall require the payment of such sums to the auditor general to be made monthly or quarterly, as the court may direct. The court shall furnish the auditor general a certified copy of such order, and it shall be the duty of the auditor general to collect the sums therein named and to turn the same into the state treasury, so long as such mentally diseased person is a public patient. If such relatives so ordered to pay shall neglect or refuse so to do, the auditor general shall notify the attorney general of such neglect or refusal, and the attorney general shall proceed by action, to be brought in the name of the state, to collect such sum. Such action may be brought in Ingham county or in any county where any of said relatives may reside.

SEC. 19. If any person so ordered to contribute to the support of such mentally diseased person shall at any time be 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 attorney general not less than fourteen days before the day of the 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 auditor general. 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 state institution, and not afterwards; and recovery thereunder may be had for the expenses incurred on behalf of such mentally diseased person during the entire period or periods such mentally diseased person has been a patient in said state institution.

SEC. 20. If any member of the Michigan soldiers' home shall be adjudged insane, in pursuance of this act, he may be ordered admitted to one of said hospitals for the insane 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 hospital shall be paid by the state.

industrial

SEC. 21. Whenever the superintendent of the industrial Inmates of school for boys, the state industrial home for girls, the state school, etc. 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 is or has become insane, feeble-minded or epileptic, such court shall immediately fully investigate the facts in the case. It shall Examination. cause such inmate to be personally examined by two reputable physicians to be appointed by the court, who shall have the qualifications herein before prescribed, and in its discretion shall call such other credible witnesses as it may deem needful, and it shall have power to compel attendance of witnesses. If such inmate shall be found and adjudged to be insane, feebleminded or epileptic, the court shall immediately issue an order for his admission as a public patient to the proper state hospital, home or institution. Whenever any such inmate shall have been restored to his normal condition, the medical superintendent of the institution to which he was admitted 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 such institution shall be paid by the state on the certifi cate of the probate court, medical superintendent of the institution, superintendent of the school, home or institution having knowledge of the facts.

private insti

SEC. 22. Whenever any person alleged to be insane, feeble- When comminded, or epileptic or mentally diseased, shall be received in mitted to any private institution, hospital, home or retreat, for the tution, etc. care and treatment of mental diseases, the probate court of the county in which said institution, hospital, home or retreat is located, is authorized and required, on application being made to him by an officer of such institution, hospital, home or retreat, as provided by law, to appoint medical examiners, institute an inquest and proceed in such cases 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 by the institution, hospital, home or retreat in which such person has been temporarily received.

intended.

SEC. 23. The hospitals, homes and institutions named in Hospital, etc., this act are intended for the benefit of the bona fide residents for whom of the state. A non-resident may be admitted to one of such state institutions to receive such temporary care as he may require, pending his return to his home. The state hospital commission shall cause any person who has been admitted to any such institution but who has not acquired a legal settlement in this state, to be removed as soon as possible to the country or state to which he belongs. The actual and neces

When patient escapes.

When patient discharged.

Proviso.

Further proviso.

Parole, etc.

Re-admittance.

sary 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.

SEC. 24. If a patient shall escape, the medical superintendent shall 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 state for his care and maintenance, and of a public patient shall be paid by the state.

SEC. 25. 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 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 if such patient is not removed within ten days thereafter, he shall be returned to his home and friends or to the superintendent of the poor of said county: Provided further, That the foregoing provisions do not apply to the superintendent of the hospital at Ionia. 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 institution may, upon certi ficate, and an opportunity for hearing thereon being accorded the superintendent, and upon such other 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 maintenance of the patient. A certified copy of the order shall be delivered to the superintendent of the institution from which the patient is dis charged. The state nor any superintendent or officers of any institution named in this act shall be liable for damages for any act of such paroled or discharged patient.

SEC. 26. The superintendent may grant a parole or leave of absence to a patient under such conditions as may be prescribed by the state hospital commission. Such parole shall not affect the validity of the bond given for the support of any patient, nor shall such parole or leave of absence in any way affect or modify the claim of the state for reimbursement for maintenance of such person.

SEC. 27. A patient who has been discharged by the medical superintendent may, with the approval of the superintendent, be re-admitted to the institution 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 admission. If the patient has been discharged by order of any court, or has been

found restored to soundness of mind as provided herein, he shall not again be admitted to the institution except upon a new adjudication and order for admission.

furnished

upon dis

SEC. 28. No patient shall be discharged without suitable Clothing, etc., clothing; and if it cannot otherwise be obtained, the steward shall, upon the order of the medical superintendent, furnish charge. the same and money not exceeding twenty-five dollars to defray his necessary expenses until he can reach his relatives or friends, or find employment to earn a subsistence.

stored to

SEC. 29. When any person shall have been adjudged in- When resane and shall have been discharged from or shall not have soundness of been received into any hospital, home or retreat, petition may mind. be presented to the probate court making such adjudication for a finding and order declaring such person restored to soundness of mind. Upon the presentation of such petition to such court by the person so adjudged insane, or by the person making the application for such adjudication, the court shall fix a time for hearing thereon, and in case the application 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 restored to soundness of mind, an order shall be entered declaring him sane: Pro- Proviso. vided, however, That the testimony of at least two reputable physicians, establishing the sanity of such person, shall be required before the finding of the court and entering of such order.

state hospital

SEC. 30. Any person who shall be adjudged insane and When rewho, before such adjudication, shall have been convicted of moved to crime or shall have been confined in the state hospital at at Ionia. Ionia as a patient, or who, at the time of such adjudication, shall be in confinement on a criminal charge, shall be admitted to the state hospital at Ionia. If any such person shall be admitted to any of the institutions named in section one of this act, the medical superintendent thereof may cause him to be removed to the Ionia state hospital as provided herein, where he shall be received and admitted as a patient.

to fix.

SEC. 31. The rate of charges per week to be paid each in- Rate of stitution for the board and treatment of patients shall be fixed charges, who annually by the state hospital commission and administrative board; said charges not to exceed the actual cost thereof, 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 patients by special contract.

tion, etc.

SEC. 32. In proceedings for adjudication of insanity, Costs, collecfeeble-mindedness, epilepsy or mental disease, costs of such proceedings shall be in the discretion of the probate court. An execution for the collection thereof may be issued which shall be in the form, as near as may be, of a circuit court

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