Imágenes de páginas
PDF
EPUB

Acts repealed.

Who commit

SEC. 53. The following acts and all acts and parts of acts amendatory thereto are hereby repealed; namely, act number one hundred seventy-two and act number one hundred eighty-nine of the public acts of eighteen hundred seventyseven; act number one hundred twenty-four of the public acts of eighteen hundred ninety-three; act number seventeen and section one of act number one hundred eighty-five of the public acts of eighteen hundred ninety-nine; act number two hundred seventeen of the public acts of nineteen hundred three; act number ninety-six and act number one hundred one of the public acts of nineteen hundred nine; act number twenty-one of the public acts of nineteen hundred eleven; act number twenty-seven, act number eighty-one and act number one hundred seventy-three of the public acts of nineteen hundred thirteen.

IONIA STATE HOSPITAL

SEC. 54. When a person accused of the crime of murder, ted to Ionia manslaughter, attempt at murder, rape, attempt at rape, incest, abduction, highway robbery, burglary, forgery, arson, or assault with intent to do great bodily harm, less than the crime of murder, or any felony where the maximum penalty provided by law is imprisonment in state's prison for not less than three years, shall appear to be insane, or shall have been acquitted upon trial upon the grounds of insanity, the court, being certified by the jury or otherwise of the fact, shall carefully inquire and ascertain whether his insanity in any degree continues, and if it does, shall order such person into safe custody and to be sent to the Ionia state hospital. If any person in confinement charged with any of the crimes and felonies above mentioned shall appear to be insane, the judge of the circuit court of the county where he is confined shall institute a careful investigation. He shall call two or more reputable physicians and other credible witnesses and the prosecuting attorney, to aid in the examination, and if it be deemed necessary said court is fully empowered to compel the attendance of witnesses and jurors. If it is satisfactorily proved that such person is insane, said judge may discharge such person from imprisonment and order his safe custody and removal to said hospital, where such person shall remain until restored to his right mind, and then, if the said judge shall have so directed, the superintendent of said hospital shall inform the said judge and prosecuting attorney, so that the person so confined may within sixty days thereafter be remanded to prison and criminal proceedings be resumed, or he be otherwise discharged. The cost and maintenance of the care, custody and treatment of such insane person, in whatever manner committed or received, shall be provided for and paid in the same manner as in other state institutions named in this act.

when ad

SEC. 55. In case any person who has previously been a Previous patient in the Ionia state hospital be found to be insane under patients of, the provisions of this act through proceedings in the probate judged insane. court, said person may be committed to the Ionia state hospital by said judge of probate, the procedure and form of commitment being the same as that provided herein before.

adjudged

SEC. 56. Whenever the physician at the state prison at When inmate Jackson, or the Michigan reformatory at Ionia, or the state of prison, etc., house of correction and branch of the state prison in the insane. upper peninsula at Marquette, or any penal institution hereafter erected and conducted by the state, or the Detroit house of correction, shall certify to any warden, or other officer in charge of such penal institution that any inmate therein is insane, it shall be the duty of such officer in charge to make immediately a full examination into the condition of such inmate, and if fully satisfied that he is insane, such officer in charge, where said inmate is confined, shall forthwith cause such inmate to be transferred to the Ionia state hospital, and deliver him to the medical superintendent thereof, who is hereby required to receive him into said hospital provided there is room therein for his accommodation, and retain him there until legally discharged. Whenever a patient is received in any of the hospitals of the state who has served one or more terms in prison or who has been previously treated at the Ionia state hospital, it shall be the duty of the medical superintendent of such hospital to transfer such patient forthwith to the Ionia state hospital, if there be room therein for his accommodation, upon the approval of the director of the state welfare department. SEC. 57. The medical superintendent of any hospital, home Transfer of or institution may, with the approval of the director of the insane state welfare department, transfer any or all insane persons under treatment in any of such institutions who have been guilty of an act of homicide previous to admission to such institution, and whose presence is dangerous to others, likewise all insane persons who have committed any act of homicide while under treatment in any of such institutions. In case any patient under treatment in any of such institutions develops unmistakable dangerous or homicidal tendencies, rendering his presence a source of danger to others, proceedings may be instituted as above.

persons.

retention of

tion for.

SEC. 58. In case the insanity of any criminal patient con- Order for fined in the Ionia state hospital shall continue after the ex- inmate after piration of his or her sentence the medical superintendent sentence exshall, within a period of five days after the expiration of such pires, applicaperson's sentence, make application to the judge of probate of the county in which the institution is situated for an order to retain such person in the hospital until he or she is restored to reason, and shall also send a written notice that he has made such application to one or more friends or relatives of the patient if their addresses be known, and to the county clerk of the county from which such convict was sent.

The judge of probate shall, upon receipt of said application, notify such alleged insane person and the attorney general, fixing the time and place of hearing to be held thereon, and it shall be the duty of such attorney general to act in behalf of the state; said judge of probate shall also call two legally qualified physicians, and in his discretion other credible witnesses, and if he certifies that satisfactory proof has been adduced showing the person examined to be insane he shall direct his or her retention in the Ionia state hospital. The probate judge in such examination shall have power to compel the attendance of witnesses and shall file the certificates of the physicians taken under oath, and other papers, and enter the proper order in the journal of the probate court in his office; said probate judge shall report the result of his proceedings to the board of state auditors, whose duty it shall be to audit and allow the expenses of such proceedings, to be paid by the state treasurer on the warrant of the auditor When convict general. Whenever any convict confined in said institution shall have recovered and the medical superintendent of said hospital shall so certify in writing, he shall be forthwith transferred to the penal institution from whence he came, and the officer in charge thereof shall receive the said convict into said penal institution. Any convict whose sentence has expired, and who is still insane, may be paroled by the medical superintendent, under such rules as the state hospital commission adopt, to his relatives or friends who will undertake, with good sureties to be approved by the director of the state welfare department, for his peaceful behavior, safe custody and comfortable maintenance without further public charge. Any inmate of such Ionia state hospital, other than those classes above referred to, may be discharged or paroled in the same manner as are patients of the other insane hospitals of the state.

recovers.

Notice before discharge of convict, to

SEC. 59. That before discharging any convict at the time of the expiration of his sentence from any of the penal instiwhom given. tutions of this state, who may be deemed insane, and so certified by the physician in charge of any such institution, if no relative or friend of any such convict appears and takes charge of him, the warden or other superintending officer shall first give notice in writing to the county clerk of the county from which such convict was sent, and to one or more of the relatives or friends of such convict, if known, and also to the probate judge of the county in which such penal institution is located of the fact of his condition; and on the receipt of such written notice said judge shall, within twenty days, issue his warrant to the sheriff of such county, commanding him to receive such convict at the time of his discharge at the said institution and bring him before such judge.

Judge to issue warrant to sheriff.

Sheriff to execute.

SEC. 60. Upon the receipt of such warrant it shall be the duty of said sheriff to whom it is directed to execute the

same forthwith, and return the same to the probate judge by whom it was issued.

of probate.

SEC. 61. On such discharged convict being brought before Proceedings the judge of probate aforesaid, such proceedings shall be had before judge and such procedure followed as set forth in this act for the commitment of an insane person to any hospital of this state and the provisions of this act as to payment of expense of maintenance, care and treatment of said persons shall apply. Approved May 10, 1923.

[No. 152.]

AN ACT relative to the teachers' retirement fund of every city having a population of more than two hundred fifty thousand and comprising a single school district, wherein pursuant to law there is a local public school teachers' retirement fund.

The People of the State of Michigan enact:

tirement

SECTION 1. In every city having a population of more than Teachers' retwo hundred fifty thousand and comprising a single school fund. district, wherein pursuant to law there is a local public school teachers' retirement fund, all sub-funds thereof are hereby abolished and said fund shall be hereafter the teachers' retirement fund of said city.

SEC. 2. Said fund shall include all assets now therein or what to include. in any sub-fund thereof and all receipts hereafter had from donations, legacies, gifts, bequests, contributions, appropriations, tuition fees from non-resident pupils, interest on teachers' salary fund, contributions by teachers to said fund, deductions made from salaries of teachers because of absence from duty or otherwise, and all interest on said fund.

paid.

SEC. 3. Said fund shall be administered by seven trustees How adminconsisting of the president and president pro-tem of the istered. board of education of said city; a third member of said board, appointed by the said president; of the superintendent of schools of said city; and of three resident teachers other than the superintendent, selected as now provided by law. SEC. 4. Said fund may be paid only to annuitants placed To whom on the roll of annuitants as follows: Teachers who have served in the public schools for thirty years, with twenty years of service next preceding retirement in the schools of said city, shall on application to said trustees be placed on said roll; teachers who have served for ten years next preceding retirement in the schools of said city may in the discretion of said trustees, by a two-thirds vote, be placed on said roll because of disability and subsequently removed therefrom or restored thereto.

Annuity.

Contributions.

When repaid.

Certain proceedings, provisions governing.

SEC. 5. Annuitants placed on said roll because of service shall be paid such uniform annuity as may from time to time be fixed by said trustees, and annuitants placed on said roll because of disability shall be paid an annuity which in relation to the amount paid those who have served for thirty years is in the proportion of their respective actual service to a term of thirty years.

SEC. 6. The board of education of said city shall from month to month deduct from the salaries of all teachers not less than one nor more than five per cent, as may be determined by said trustees, and pay same over to said fund as the contributions thereto of said teachers, no deduction to be made with reference to the part of any salary in excess of fifteen hundred dollars per annum.

SEC. 7. From said fund teachers who resign or are removed for cause and are not placed on said roll shall, if application therefor be made within three months of resig nation or removal, be repaid their contributions to said fund, with simple interest computed at four per cent per annum. SEC. 8. All provisions of law which require the submission of the proceedings of the board of education of said city to the mayor thereof and regulate procedure on veto by said mayor shall apply to proceedings of said trustees. Approved May 10, 1923.

Section amended.

[No. 153.]

AN ACT to amend section eight of subdivision three of chapter three of part one of act number eighty-four of the public acts of nineteen hundred twenty-one, entitled "An act to provide for the organization, regulation and classification of domestic corporations; to prescribe their rights, powers, privileges and immunities, to prescribe the conditions upon which corporations may exercise their franchises; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to carry on business within this state; to prescribe penalties for violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations," approved April twenty-six, nineteen hundred twenty-one.

The People of the State of Michigan enact:

SECTION 1. Section eight of subdivision three of chapter three of part one of act number eighty-four of the public acts of nineteen hundred twenty-one, entitled "An act to provide

« AnteriorContinuar »