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such examination, and such further sum for expenses as the probate court shall allow.

petition

SEC. 11. The father, mother, husband, wife, brother, sister, Who may child, or guardian of a person alleged to be insane, feeble- court. minded or epileptic, or the sheriff or any superintendent of the poor, or supervisor of any township, or county agent, or any peace officer within the county in which such alleged mentally diseased person resides, or may be, may petition the probate court of said county for an order directing the admission of said person to a hospital, home or institution for the care of the insane, feeble-minded or epileptic, such petition to contain a statement of the facts upon which the allegation of such mental disease is based and because of which the application for the order is made. Upon receiving such peti- Hearing. tion the court shall fix a day for hearing thereof and shall appoint two reputable physicians to make the required examination of such alleged mentally diseased person; such physicians shall file their report duly certified to with the court on or before such hearing. Notice of such petition, and of Notice of. the time and place of hearing thereon, shall be served personally, at least twenty-four hours before the hearing, upon the person alleged to be so mentally diseased, and any sheriff, officer, or county agent who made the petition, father, mother, husband, wife, or some one next of kin, of full age, of such alleged mentally diseased 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 mentally diseased person may reside, or at whose house such person 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 person to be designated by it. The court shall state in a certificate to be attached to the petition its reason for dispensing with personal service of such notice, and, if substituted service is directed, the name of the person to be served therewith. In Guardian such cases the court shall appoint a guardian ad litem to represent such mentally diseased 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 Inquest. to the alleged insanity, feeble-mindedness, epilepsy or mental disease 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 such alleged mental disease of such person. If the court shall deem it necessary, May demand or if such alleged mentally diseased 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 required of jurors in courts of record, shall be summoned to determine the question of insanity, feeblemindedness or epilepsy, and whenever a jury is required the

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ad litem.

jury.

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admission,

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 insanity, feeble-mindedness, epilepsy or mental disease of the alleged mentally diseased person. The jurors shall receive the same fees for attendance and mileage as are allowed by law to jurors in the circuit court. l'ending such proceedings for admission into the proper home, hospital or institution, if it shall appear, upon the certificate of two legally qualified physicians, to be necessary and essential so to do, the court may order such alleged mentally diseased person to be placed in the custody of some suitable person, or to be removed 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. Such alleged mentally diseased 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 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 adwhen issued. judged to be insane, feeble-minded, epileptic or mentally diseased, the court shall immediately issue an order for his admission to the proper hospital, home or institution for his care and treatment. In case the admission of such mentally diseased person is ordered as 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. If the relatives or friends of such mentally diseased person shall so request, or if on investigation at the time of commitment it shall appear that such mentally diseased person has means or property sufficient for the payment of his care or maintenance, or if those persons legally liable for the care and maintenance of such mentally diseased person have sufficient means for that purpose, the court shall order his admission as a private patient, to any hospital, home or institution for the care or treatment of the insane, feeble-minded or epileptic in this state, and shall specify the amount in the commitment that the estate of such mentally diseased person, or those persons personally liable for the care and maintenance of such mentally diseased person shall pay for care and maintenance of such mentally diseased person in such state institution, and the amount so stated shall be subject to collection the same as any other moneys due the state are collected. SEC. 12. The court may appoint a proper person or persons to take such mentally diseased person to the hospital, instituhospital, etc. tion, home or retreat, who shall each receive as pay for such services the sum of three dollars a day, together with his

When admitted as

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necessary expenses. The court, upon making such order for Guardian, admission into such institution, if, in his judgment, a guardian may appoint. of such mentally diseased person is needed before a guardian of his or her person and estate can be regularly appointed, may, by a separate order and without further notice, appoint summarily a guardian of the person only of such mentally diseased 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 Bond of. 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, except that he shall not interfere with the admission and detention of such mentally diseased person pursuant to the order for admission.

SEC. 13. The order for admission shall be substantially in order for the following form:

State of Michigan,

The probate court of the county of.....

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

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.as a 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 .. (insane, feeble-minded

.is..

or epileptic) and a fit person for care and treatment in said institution, and that..

said institution as a patient.

It is ordered, that said...

said institution as a..

It is further ordered, that.

.should be admitted to

.be admitted to

.patient.

be and is hereby authorized and directed to remove said

.to said institution, with full

power and authority for that purpose.

Judge of Probate.

admission, form of.

SEC. 14. After said order for admission has been regularly Certified copy to superinmade and entered as provided herein, the judge of probate tendent. shall mail a certified copy of such order to the medical superintendent of the institution to which the patient has been

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Expense, who

to pay.

committed, and upon receipt of such order the said medical superintendent shall, as soon as there is room for such patient at such institution, notify the judge of probate of that fact, whereupon the judge of probate shall cause the patient to be transported 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.

SEC. 15. The state shall pay all the expense incurred by any of such state institutions in the care, maintenance, custody and treatment of any feeble-minded, insane, epileptic or mentally diseased person committed to any institution named in section one of this act except as herein otherwise provided. Certified copy of order to auditor general, etc.

Petition for guardian by prosecuting attorney.

SEC. 16. Upon making the order for admission of a patient, the probate court shall forthwith deliver a certified copy thereof to the prosecuting attorney of the county and to the auditor general of the state, and shall at that time give such other information as may be required by the auditor general. 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 such mentally diseased 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, and shall report to the governor any neglect therein on the part of the prosecuting attorneys.

SEC. 17. When such mentally diseased person has been admitted to any of the state institutions named in this act, as a 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 patient, become possessed thereof, petition the probate court of said county in his name as prosecuting attorney, stating that such person is mentally diseased and has been admitted to a state institution as a patient, and that he has good reason to believe, and does believe, that he has an estate, and praying for the appointment of a guardian of such mentally diseased 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 Court to issue on behalf of said person as a patient. The court shall thereupon issue a citation to show cause why the prayer of the petition should not be granted. If such mentally diseased person has a guardian, the citation shall be served on him. If he has no guardian, it shall be served on such mentally diseased 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 probate

citation.

When served.

litem.

ment from estate.

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 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 ap-. pear 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 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.

payment.

SEC. 18. If a patient is an indigent person and has rela- Relatives, tives who are legally liable for his support, the prosecuting when liable 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 státe 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

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