upon the insanity of such The law on this subject, as

ing committee of experts, has passed prisoners at Concord or at Sherborn. it stands in the Public Statutes, chap. 222, sects. 10 to 14 (the last-named section being a transcript of chap. 165, sects. 1 and 3 of the Acts of 1881), is as follows:-]

REMOVAL OF INSANE PRISONERS. (Chap. 222, Public Statutes.)

SECT. 10. The state board of health, lunacy, and charity shall designate two persons, expert in cases of insanity, to examine convicts in the state prison or reformatory prison, alleged to be insane. When any such convict appears to be insane, the warden or superintendent shall notify one of the persons so designated, who shall, with the physician of the prison, examine the convict and report to the governor the result of their investigation. If upon such report the governor deems the convict insane and his removal expedient, he shall issue his warrant directed to the warden or superintendent authorizing him to cause the convict to be removed to one of the state lunatic hospitals, there to be kept until, in the judg ment of the superintendent and trustees of the hospital to which he may be committed, he should be returned to prison. When the superintendent and trustees of the hospital have come to such judgment, the fact shall be certified upon the warrant of the governor, and notice shall be given to the warden or superintendent of the prison, who shall thereupon cause the convict to be reconveyed to the prison, there to remain pursuant to the original sentence, computing the time of his detention or confinement in the hospital as part of the term of his imprisonment.

SECT. 11. Any officer authorized to serve criminal process may execute an order for the removal of a convict to or from any prison under the provisions of the preceding section. The person making such examination of a convict under the preceding section shall, if he is not a salaried officer of the state board of health, lunacy, and charity, receive for his services his actual travelling expenses and three dollars a day for each day so employed, which shall be paid from the annual appropriation of the prison in which the convict is examined.

SECT. 12. When a convict in a house of correction or prison other than the state prison or reformatory prison appears to be insane, the physician in attendance shall make a report therof to the jailer or master, who shall transmit the same to one of the judges mentioned in section eleven of chapter eighty-seven. The judge shall make inquiry into the facts, and, if satisfied that the convict is insane, shall order his removal to one of the state lunatic hospitals pursuant to the provisions of sections twelve and thirteen of said chapter.

SECT. 13. If a person so removed becomes sane before the expiration of his sentence, he shall be forthwith returned to the prison or house of correction from which he was removed, there to remain pursuant to his original sentence, computing the time of his confinement in the hospital as part of the term of his imprisonment.

SECT. 14. When a person held in any jail for trial or for sentence, except for a capital crime, appears to be insane, he may be removed to one of the state lunatic hospitals, as a convict may be removed from a house of correction under section twelve. When a person so removed is, in the opinion of the trustees and superintendent of the hospital, restored to sanity, he shall forthwith be returned to the jail from which he was removed, where he shall be held in accordance with the terms of the process by which he was originally committed thereto.

[The necessity for an asylum for the criminal insane was considered by the Legislature of 1881 on the recommendation of his Excellency the Governor; and the following resolve was passed: -]

[Chap. 33, Resolves of 1881.]

Resolved, That so much of the Governor's message as recommends that separate provision be made for the criminal insane be referred to the State Board of Health, Lunacy, and Charity, with instructions to consider the same, and report a plan by which it may be carried into effect to the next Legislature.

[Such a plan was accordingly reported by this Board to the Legislature of 1882; but, failing to be considered by that body, it will be brought in some form before the Legislature of 1883.]

[NOTE. For the laws relating to transfers by the Board of Health, Lunacy, and Charity, from and to hospitals, asylums, etc., see Public Statutes, chap. 79, sects. 9 and 13 (pages 70 and 71 of this manual); for general powers of the Board in regard to theinsane poor and lunatic hospitals, see sects. 2, 5, 7, 8, 14, 15 of the same chapter. Visitation of private asylums by the State Board is provided for in sect. 5.]

PART THIRD.

LAWS OF PUBLIC CHARITY.

NOTE. -The Health Laws in their administration, so far as the Board of Health, Lunacy, and Charity is concerned, are considered first by the Health Officer mainly; and the Lunacy Laws are considered in their administration first by the Inspector of Charities mainly, although the Superintendent of In-door and of Outdoor Poor may also take cognizance of some cases under the Health and Lunacy Laws. Under the Laws relating to Public Charity, which are numerous and of wide application, not only to the In-door and the Out-door Poor, but to the general system of public charities in Massachusetts, all the officers of the Board take part in the administration, each in his own department; but the work chiefly falls, in its practical details, upon the Superintendent of Out-door Poor (who has the largest class of public dependants to deal with) and the Superintendent of In-door Poor (who has the interchange, transfer, and discharge of the In-door Poor). The latter also supervises immigration, and has the visitation of children, except those under three years. In the supervision and visitation of State and municipal almshouses, hospitals, reformatories, etc., the Inspector of Charities performs the duties; all these officers being under the direction of the State Board and its Committees.

[Public Statutes, Chap. 79.]

OF THE STATE BOARD OF HEALTH, LUNACY AND CHARITY. SECTION

SECTION

*9. State board may transfer pauper inmates from one institution to another, etc.

10.

11.

12.

to prepare tables of paupers supported *13. by towns, etc.

may transfer inmates of reform or industrial school to workhouse.

may transfer children from almshouse to primary school.

may select paupers for support at state workhouse or primary school, etc.

may transfer inmates of almshouse or workhouse to state lunatic hospitals. may remove certain state paupers to places of settlement.

*15. Proceedings upon such removal.

16. Private societies, etc., to make report to state board.

17. When such reports are to be made.

See Note, p. 66.

State board of health, lunacy and charity, how organized,

etc.

1879, 291, § 2.

to have supervision over certain state institutions, etc.

SECTION 1. The state board of health, lunacy and charity shall consist of nine. persons. The present members thereof shall continue to hold their offices during the terms for which they were appointed. Two members of the board shall retire each year, in the order of their appointment, except every fifth year, when one shall retire. The appointments or reappointments to fill vacancies occurring from expiration of terms of office shall be for five years; and all vacancies which may occur from that cause or otherwise shall be filled by the governor, with the advice and consent of the council.

* SECT. 2. The board shall have general supervision over the state lunatic hospitals, the state almshouse, the state workhouse, 1879, 291, §§ 3, 4. the state primary school, the state reform school, and the state

industrial school for girls; it may, when directed by the governor, assume and exercise the powers of the boards of trustees of said institutions, in any matter relating to the management thereof, excepting the trusts which are vested in the trustees of the state primary and reform schools; and may assign any of its powers duties to agents. and duties to agents appointed for the purpose, and may execute any of its functions by such agents, or by committees appointed from and by said board.

May assign its

powers and

to appoint its officers, fix compensation, hold monthly meetings, make

by-laws, make annual report, serve without compensation. 1879, 291, § 7.

SECT. 3. The board, with the consent of the governor, shall appoint such officers as may be necessary, and fix their compensation, within the limits of the annual appropriation. It shall be provided with rooms at the state-house, and shall hold meetings each month on a day fixed by itself, and at such other times as may be needful. It shall make its own by-laws, and shall make a report of its doings to the governor and council, on or before the thirty-first day of December in each year, such report being made up to the thirtieth day of September inclusive. It shall embody in its report a properly classified and tabulated statement of the receipts and expenses of the board and of each of the several institutions named above for the said year, and a corresponding classified and tabulated statement of their estimates for the year ensuing, with its opinion as to the necessity or expediency of appropriations in accordance with said estimates; but this provision shall not apply to estimates for the ordinary expenses of lunatic hospitals. The report shall also present a concise review of the work of the several institutions for the year preceding, with such suggestions and recommendations as to them, and the charitable, reformatory, and sanitary interests of the state, as may be deemed expedient. The members of the board, and of the boards of trustees of the state institutions above named, shall receive no

* See Note, p. 66.

compensation for their services; but their travelling and other necessary expenses shall be allowed and paid; and no person employed by the board shall be a member thereof.

SECT. 4. The board shall also prepare, from the returns made by overseers of the poor, tables of paupers supported by towns, under section thirty-five of chapter eighty-four, and print in its annual report the most important information thus obtained.

1867, 209, § 4.

* SECT. 5. The board shall at least once in every year visit all places where state paupers are supported, and ascertain from actual examination and inquiry whether the laws in respect to such paupers are properly observed, particularly in relation to such as are able to labor; and shall give such directions as will insure correctness in the returns required in relation to paupers; and may use such means as may be necessary to collect all desired information in relation to their support. It shall visit the state almshouse, the state primary school, and the state reform school, as often as once in each month, for the purpose of inspecting said institutions, and for this purpose it shall, by some woman or women deputed by it, have access at all hours of the day or night to the portions of said institutions occupied by the women or children there maintained at the public expense; and the officers of said institutions shall furnish all information concerning the condition and treatment of their inmates which the board shall require. It shall also visit and inspect every private asylum or receptacle for the insane at least once in every six months.

SECT. 6. It shall prescribe to the superintendent of the state almshouse the forms for statistical returns to be made by him in his annual report in relation to the sex, age, and nativities of the inmates, and the places from which they were sent. It shall also prescribe the form of certificates required of mayors of cities, or overseers of the poor of towns, when a pauper is sent therefrom to the state almshouse; which certificate shall contain such inquiries in relation to the age, parentage, birthplace, and former residence of, and other facts relating to, the pauper, as the board may deem necessary, to which mayors and overseers of the poor shall render true answers as far as they are able, before the pauper is received into the almshouse. The several cities and towns shall be furnished by the board with blank forms for said certificate.

to have annual inventory of

* SECT. 7. The trustees of the several institutions named in section two shall annually on the thirtieth day of September cause certain instituto be made and sent to the board an accurate inventory of the

*See Note, p. 66.

tions.