person, if insane, should be placed in such hospital either for cure or restraint.

SEC. 7. Before said commissioners shall proceed with their inquisition they shall be sworn by the judge to the faithful and impartial execution of their duties, and shall give due notice to the party or person complained of as insane, of their appointment, and of the time and place of hearing, in order that he may have an opportunity by evidence, by his own statements, and by counsel to defend himself against the charge of said petition; and said commissioners shall have power to issue summons to, and compel the attendance of, and to swear witnesses; and it shall be their duty to hear all evidence offered to them on either side touching the merits of the petition, as well as examine the subject of the petition himself.

SEC. 8. Said judge is authorized, if need be, upon the presentment to him of such petition, or afterwards, as occasion may require, to issue a warrant under his hand and seal for the apprehension of the person complained of, and to order him to be detained in the custody of the officer to whom the warrant shall be directed, or to be committed to the Butler hospital for the insane, if he can be there received, or to the county jail, as will be most convenient and proper, pending the inquisition; in order to insure that such person shall be present to be examined by the commissioners, and to abide the final order of said judge upon said inquisition.

SEC. 9. Upon the coming in of the report of said commissioners, said judge shall have power, with or without further hearing, to confirm or to disallow the same, and to order the person complained of to be confined in the Butler hospital for the insane, if he can be there received, or, if not, in some other curative hospital for the insane of good repute, within or without the state, or to dismiss the petition altogether.

SEC. 10. Any person committed to such hospital, under the provisions of the four sections of this chapter next preceding, may, though not restored to sanity, be discharged therefrom, upon the written recommendation of the trustees and superintendent thereof, by an order of either of the judges of the supreme court, to be made in the discretion of such judges.

SEC. 11. Insane persons may be removed to, and placed in said hospital, if they can be there received, and if not, in any other curative hospital for the insane, of good repute, within or without the state, by their parents or parent, or guardians, if any they have, and if not, by their relatives and friends, and if paupers, by the overseers of the poor of the towns to which they are chargeable; but the superintendent of said hospital shall not receive any person into his custody, in such case, without a certificate from some practising physician of good standing, known to him as such, that such person is insane.

SEC. 12. Any person committed to the charge of the Butler hospital, or of any other curative hospital for the insane, as aforesaid,

in either of the modes hereinbefore prescribed, may be lawfully received and detained in said hospital by the superintendent thereof, and by his keepers and servants, until discharged in one of the modes hereinafter provided; and neither the superintendent of such hospital, his keepers or servants, nor the trustees or agents of the corporation, shall be liable, civilly or criminally, for receiving or detaining any person so committed to or detained in such hospital.

SEC. 13. The person or persons removing an insane person to and placing him in such hospital within this state, and also the person or persons, who by their own free act and accord, and without any obligation imposed by law, have become responsible for the payment of the expenses of any such person at such hospital, if necessary to terminate further responsibility, but none other, shall have the power of removing such person therefrom.

SEC. 14. The superintendent of such hospital within this state, may, on the application of any relative or friend, and with the approbation, in writing, of the visiting committee of the trustees, discharge any patient from such hospital not committed by process of law.

SEC. 15. On petition, under oath, of any person not confined in such hospital, to a judge of the supreme court, setting forth that some person confined therein is not insane, and is unjustly deprived of his liberty, the said judge may, in his discretion, issue a like commission, as hereinbefore provided, for the purpose of inquiring into the condition of such person.

SEC. 16. In such case no notice shall be served upon the person confined as insane, nor shall he have the right to confer with counsel, to produce evidence, or be present at the inquisition; but such notice shall be served upon, and such rights shall be enjoyed solely by, the petitioner; nor shall said petitioner, nor any counsel he may employ, nor any witness he may desire to use, have right to visit or examine said insane person except with the permission of the superintendent of said hospital, or according to its rules, or by special order of the judge issuing the commission.

SEC. 17. The personal examination by the commissioners of such person confined as insane, shall take place at the hospital, and not elsewhere; nor shall such person be taken from the hospital upon any pretence, or for any purpose whatever, pending such commission.

SEC. 18. In other respects said commissioners shall, with like powers, proceed and report to the judge in like manner as before provided, who, upon the coming in of said report, may either confirm or disallow the same, and order the discharge of such person, or dismiss the petition altogether, as the truth shall seem to him to require.

SEC. 19. Nothing in this chapter shall be construed to impair or abridge the right of any person to the writ of habeas corpus.

SEC. 20. No commission shall be issued by a judge of the supreme court, either for the purpose of confining or discharging from confinement an insane person, as contemplated by the sixth

and fifteenth sections of this chapter, until the applicant therefor shall pay or satisfactorily secure to said judge all costs and expenses of the application, process, commission and commitment, as well as satisfy him, if the application be for the confinement of any insane person, that the expenses of detaining such person in said hospital will be paid or secured to the satisfaction of the superintendent or proper authorities thereof.

SEC. 21. The compensation of the commissioners shall not exceed three dollars a day each, in addition to necessary expenses, to be allowed by the judge; and it shall be their duty to return in items their charges for compensation and all costs and expenses of executing the commission, with their report, for allowance and payment by the judge.

SECTION 1. The sum of twenty-five dollars per quarter of a year is appropriated out of the state treasury, toward the support of every insane pauper chargeable to any town in the state, who may be placed by the overseers of the poor of such town, at the Butler hospital for the insane, or in case such person cannot be received in said hospital, at any other curative hospital for the insane, of good repute, within or without the state.

SEC. 2. The governor is authorized to draw quarterly his order on the general treasurer for such sum as he may ascertain to be due to the Butler hospital or other curative hospital for the insane, in accordance with the preceding section.

SEC. 3. He is also authorized to draw upon the general treasurer, annually, for a sum not exceeding fifteen hundred dollars in any one year, to be by him appropriated to the maintenance, in whole or part, of such indigent insane persons, being inhabitants of this state, as he may select as state beneficiaries, not more than one hundred dollars to be by him appropriated annually for the support of any one person.

TITLE XII.

Of Charitable Donations, The Touro Fund, and certain State Charities.

CHAPTER 55. Of charitable donations.

CHAPTER 56. Of the Touro fund.

CHAPTER 57. Appropriations for the education of indigent blind, deaf and dumb, idiot and imbecile persons.

SECTION 1. Whenever any real or personal property, or the use, issues or profits of any, have been or shall be given, limited, appointed and assigned by any person to and for the relief of the poor, or the bringing up of children to learning, or for any other specific purpose, and have not been or shall not be employed according to the charitable intent of the giver or founder thereof, it shall and may be lawful for the town council of each town, within its respective jurisdiction, to inquire of and concerning the same; and of the abuses and breaches of trust, negligence, misemployment, not employing, concealing, defrauding and misconverting or misgovernment thereof, as often as it shall appear requisite and needful.

SEC. 2. Said town council, after notice to the parties intrusted with any such real or personal property, may set down such orders, judgments and decrees in relation thereto as the exigency of the case may seem to require; which orders, judgments and decrees, not being contrary or repugnant to the orders, statutes and decrees of the donors or founders, shall stand firm and good, according to the tenor and purport thereof, and shall be executed by the sheriff accordingly, until the same be altered or undone by the supreme

court of this state upon complaint of the party aggrieved made unto them.

SEC. 3. Upon the finding of any breach of trust, negligence, misemployment, mismanagement or under-renting any such property, judgments and executions shall be given forth by the said town council against the misemployers, mismanagers and misimprovers of the same, and the same shall be levied out of their estates; and for want of sufficient estate of theirs to be found to satisfy and pay the same, they shall be committed to jail until the same be satisfied and paid, and a just distribution thereof be made, according to the true intent and meaning of the donors or founders.

SEC. 4. It shall and may be lawful to and for any person aggrieved at any sentence, order, judgment or decree of any town council in any of the cases aforesaid, to appeal therefrom unto the supreme court, who are hereby empowered to alter, reverse or confirm such sentence, order or judgment of such town council, and to give a new and final judgment and determination in said case, as they shall think fit and agreeable to equity and good conscience, according to the true intent and meaning of the donors and founders thereof; and shall tax and award costs of suit as in suits in equity.

SEC. 5. The party desiring an appeal from such town council to the supreme court shall, the same day such order, sentence, judgment or decree is given, request that such his desire be entered in the records of said court, and within ten days after judgment, give sufficient bond to said council, with sufficient sureties, to prosecute his appeal with effect, and to stand and abide such final judgment as shall afterwards be given in said cause; or otherwise such person shall lose his advantage of appeal as aforesaid; and in the mean time such sentence, order, judgment or decree of such town council shall be suspended and execution stayed thereupon.

SEC. 6. Nothing in this chapter shall be construed to deprive the supreme court of original jurisdiction over any such matter as is by this chapter placed within the jurisdiction of town councils.