What to include. Care, etc., of patients on way to hospital. Report made to director of welfare department. Service of process on in pital, etc. execution, and shall be enforced in the same manner. If costs are recovered 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 such mentally diseased person as aforesaid, the costs of such proceeding shall be paid by the county in the manner provided by law. The costs shall include the medical examiner's fees, jury fees, the expense of taking said mentally diseased person to the hospital, home or institution, necessary clothing, and all other fees and disbursements, in the case, except attorneys' fees. SEC. 33. All officers sending a patient to any such state institution shall, before sending him, see that he is in a state of bodily cleanliness and comfortably clothed. Each female admitted to any such institution shall be accompanied by a female attendant of reputable character and mature age, unless accompanied by her father, brother, husband or son. Any person or officer who shall bring a female patient to any such state institution in violation of the last preceding provision of this section, or who shall, under the provisions of law, or otherwise, bring or accompany any patient to such institution, and not in due time deliver her or him into the lawful care and custody of the proper officer of the institution, 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 institution, shall be deemed guilty of a misdemeanor. SEC. 34. The superintendents of the poor in each county shall transmit to the director of the state welfare department on the first day of July in each year the name and age of each insane, feeble-minded or epileptic 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, feeble-minded or epileptic person shall be made, shall at once report the name and age of such person to the director of the state welfare department. SEC. 35. Any citation, order or process required by law mates of hos- to be served on an inmate of the hospitals or homes for the insane or feeble-minded, or epileptic, or any other state hospital, home or institution shall be served only by the medical superintendent 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. Request, etc., directing sale of property. SEC. 36. Any bequest or conveyance of money or any will or conveyance of any property that may direct the sale of such property, and its conversion into money and in either case the proceeds thereof is directed to be paid to the state in trust for any insane, feeble-minded, epileptic or mentally when will SEC. 37. It shall be the duty of any officer, or any judge Duty of of probate on the filing of any such conveyance, or when probate judge such will is presented for probate, to at once notify the filed for auditor general and the attorney general of such fact together probate. with a certified copy of such instrument and it shall be the duty of the attorney general to institute and carry on all necessary suits and proceedings to secure the payment to the state of all moneys which may be received under such trust. executor. SEC. 38. It shall be the duty of the executor of such will Duty of or administrator with the will annexed to pay to the auditor general all moneys which may be payable to the state or the people thereof, as trustee for any such trust, and said moneys shall be placed to the credit of the fund to be known as the (naming the mentally diseased person) "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. fund, etc., SEC. 39. The state hospital commission shall have charge Interest trust of all persons for whose benefit any such trust shall be who to have created, and of all expenditures payable by such interest charge of. trust fund. Any person confined in any state hospital, home or institution under the provisions hereof 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 usual and, in accordance with the rules of such institution, allowed to other patients whose support shall be paid for by private persons, and at the same rate of charges. And said commission shall, so far as it may be possible, but May regulate within their reasonable discretion, regulate the expenditures expenditures. on behalf of such mentally diseased person so that the same may be defrayed from the interest authorized to be paid on the principal of the fund so created for his benefit. If the interest shall be insufficient, such expenditures 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 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 mentally diseased person be removed from such institution by his legal custodian or guardian, while so mentally diseased, such expenditure on his behalf shall cease; and such interest or trust fund shall remain unappropriated until such person shall be Removal of patient. Recovery, etc., of patient. When moneys received by state treasurer. Appeal from order of court. Bond. returned to the institution, or the same shall be paid out as hereinafter provided by this act. SEC. 40. If any such mentally diseased person for whose benefit any such trust shall be created, shall be confined or kept in any other place than a state hospital, home or institution, the state hospital commission shall, upon notice of such trust from the state treasurer, cause such person to be removed to the proper state institution, and shall there provide for the support of such person, the same as provided herein for state patients. SEC. 41. If any such mentally diseased person for whose benefit any such trust shall have been created shall recover and be free from liability to a return of his malady, or shall die, the state hospital commission shall certify to the auditor general and state treasurer that such person has recovered or is deceased and is no longer in need of support from such trust fund. 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 conveyance by which such fund was created, the balance, if any, of the principal and interest standing to the credit of such mentally diseased person. 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 if he be dead, then to his legal representatives. But if, because of a liability to a return of his mental disease the commission 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 mentally diseased person, the commission 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 a state institution. SEC. 42. Immediately upon receipt of moneys into the state treasury under this act, the state treasurer shall notify the state hospital commission 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 under this act shall be paid as provided by law. SEC. 43. Any person aggrieved by any order, sentence, 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 thereon, except as herein otherwise mentioned, as is provided by law for appeals from such court. If the alleged mentally diseased 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 approve, 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 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 alleged mentally diseased person as may be deemed necessary. include. SEC. 44. The terms "insane" or "insane persons" as used in "Insane," etc., this act, include every species of insanity and extend to every what to mentally deranged person, and to all of unsound mind other than feeble-minded, idiots, imbeciles, and epileptics; "institution" may mean any of the hospitals, homes or institutions included in section one of this act; the word "estate" includes income, annuity and pension; and "indigent person" means one who has not sufficient property to support himself and those who have a moral or legal right to maintenance out of his estate; a word denoting the singular number is to include one or many, and every word importing the masculine gender may extend to and include females. Every provision of this act applies equally to all the institutions mentioned in section one of this act, excepting where one or the other is specially designated. patients. SEC. 45. Preference shall be given to the admission of in- Preference to digent patients in any of the institutions included within indigent this act so far as the circumstances permit and no discrimination shall be made as to the class of patients received: Provided, however, That no feeble-minded woman above the Proviso. age of forty-eight years, nor any feeble-minded man whose condition is due to senility shall be admitted to the Michigan home and training school unless such admission is approved by the state hospital commission. affected. SEC. 46. This act shall not be construed as affecting any Appropriaappropriation heretofore made for the support and mainte- tions not nance of any of the state institutions embraced within the provisions of this act and all existing appropriations shall continue in effect until the end of the present fiscal year. SEC. 47. So much of the laws of this state establishing Laws and governing the several state institutions embraced within repealed. the provisions of this act as are inconsistent with the provisions of this act are hereby repealed from and after the time fixed for the succession to take effect as set forth herein. SEC. 48. Any person or persons who shall aid or assist Aiding to any person who is an inmate of any of the institutions in- misdemeanor. escape, etc., cluded in section one of this act to escape from such institution, or who shall aid or assist any inmate thereof absent or on parole to violate his or her parole or unlawfully detain such paroled persons from the custody of any person or persons to whom such inmate has been temporarily placed in charge by the officers of such institution, or who shall aid or assist any female inmate of said institution to leave this state or shall marry any inmate knowing such person to be an inmate or a subject of such institution without the consent of the state hospital commission 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 or reformatory for a period of not to exceed two years, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment in the discretion of the court. SEC. 49. Insane persons, residents of the county of Wayne, may be admitted to the Wayne county insane asylum at Eloise in the same manner and under the same conditions and procedure as is now or may be provided for the admission of insane persons to the state hospitals for the insane by the provisions of this act, and the state shall pay to said Wayne county insane asylum at Eloise, 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 hospital commission, that such insane persons received proper care and treatment: Provided, That the costs of said support and maintenance shall not exceed the per capita cost as established by the administrative board and the state hospital commission as herein provided for the Pontiac state hospital for the care of state patients. SEC. 50. Feeble-minded or epileptic persons, residents of the county of Wayne, may be admitted to any institution owned and operated by Wayne county for the care, custody and treatment of the feeble-minded or epileptic, now in operation or that may be hereafter constructed, in the same manner and under the same conditions and procedure as is now or may be provided for the admission of feeble-minded or epileptics to state institutions, and the state shall pay to such Wayne county institutions the cost of the support and maintenance of all public charges so admitted while under treatment in said county institutions by vouchers to be certified by the board of superintendents of the poor of said county, and the medical superintendent of such Wayne county institutions, and attested by the state hospital commission, that such feeble-minded or epileptic persons received proper care and treatment: Provided, That the cost of said support and maintenance shall not exceed the per capita cost as fixed by the state administrative board and the state hospital |