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in trust for any insane, feeble-minded, epileptic or mentally
diseased person, is hereby declared to be a valid trust, and
the state shall accept such trust, subject to the conditions
contained in this act: Provided, That the state shall be under Proviso.
no obligations to accept any such trust where the amount
involved is less than one hundred dollars.

SEC. 37. It shall be the duty of any officer, or any judge Duty of probate judge of probate on the filing of any such conveyance, or when when will 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.

what to

SEC. 44. The terms "insane" or "insane persons" as used in "Insane," etc., this act, include every species of insanity and extend to every include. 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.

SEC. 45. Preference shall be given to the admission of in- Preference to digent patients in any of the institutions included within indigent patients. 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.

tions not

SEC. 46. This act shall not be construed as affecting any Appropriaappropriation heretofore made for the support and mainte- affected. 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.,

Penalty.

Residents of
Wayne
county.

Proviso.

Feeble-minded, etc., residents of Wayne county.

Proviso.

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

commission as provided herein for like institutions of the state for state patients in such institutions.

SEC. 51. After this act takes effect it will be unlawful Private hospi

procure

for any person or persons, association, firm or corporation tals, etc., to to conduct, operate or manage any private hospital, home or license. institution in which any person who is insane, feeble-minded, epileptic or mentally diseased is received for custody, care and treatment, under contract of hire or by commitment of any court without being licensed so to do by the state hospital commission. Such license shall be based upon an application Application, filed with the director of the state welfare department and fee, etc. upon such form as the state hospital commission shall prescribe, and shall be accompanied with a fee of ten dollars for the use of the state. Any license issued under the provisions of this act shall be renewed annually on application as herein set forth. The state hospital commission is hereby When authorized to refuse to issue a license or to refuse to renew a license previously issued, whenever after investigation they are satisfied that the best interests of the state and of those detained for custody and treatment in such institution demand. The state hospital commission shall have power to Revocation. revoke any license issued by them as herein provided, but this can only be done after written charges have been preferred, a copy served on the owner or officer in charge of the institution, and order to show cause made, with date of notice and place of hearing. Any order revoking any license under provisions of this act may be reviewed on certiorari by the circuit court of the county in which such institution is located.

refused.

etc., private

SEC. 52. The state hospital commission shall have the Commission power and authority to visit and inspect any private home, may inspect, hospital or institution for the care, custody and treatment hospitals, etc of the insane, feeble-minded, epileptic or those mentally diseased, for hire, to the end that the patients in such institutions receive proper care, attention and treatment, and such commission may require the same standard of care to be given as is given by state institutions of like character. The commission may adopt reasonable rules and regulations for the control and management of such institutions and failure to follow such rules and regulations on the part of such institution will be proper grounds for the revocation of the license under which said institution is operating. Any violation of the provisions of this and the preceding sections will be deemed a misdemeanor and on conviction thereof the person guilty shall be fined a sum not to exceed three hundred dollars, or by imprisonment not to exceed ninety days, or both, in the discretion of the court. In the event of a corporation violating the said provisions, such corporation shall be fined as herein provided and the officers of such corporation shall be considered the same as though individuals not connected with corporations and fined and imprisoned as herein set forth.

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