their residence, so many as may be necessary to afford suitable accommodation for the remainder; but only such patients shall be selected for removal as, in the opinion of the trustees and superintendent, are not susceptible of improvement, and can be suitably managed at their homes or in the places to which they may be sent. bid § 40. be discharged Inmates may by trustees or 62. Any two of the trustees of a state lunatic hospital, on an application in writing or of their own motion, or any judge of the supreme judicial court at any time and in any county, or the judge of the probate court. court for the county in which the hospital is situated, or in which the patient had his residence at the time of his commitment or admission, on such application, and after such notice as the said trustees or judge may deem reasonable and proper, may discharge any person confined therein, if it appears that such person is not insane, or, if insane, will be sufficiently provided for by himself, his guardian, relatives, or friends, or by the city or town liable for his support, or that his confinement therein is not longer necessary for the safety of the public or his own welfare. bid $ 41. moved to May be re place of resi dence, when. 63. Any two of the trustees may also remove any person confined therein to the city or town in which the judge committing him certified that he resided at the time of the order for commitment, or to the place of his settlement, when in their opinion he ceases to be dangerous and is not susceptible of mental improvement at the hospital, if such city or town does not remove him after reasonable notice in writing. bid § 42. for discharge to court, Application may be made when. 64. Any person may make written application to a judge of the supreme judicial court at any time and in any county, setting forth that he believes or has reason to believe that a person therein named is confined as an insane person in a lunatic hospital or other place, whether public or private, and ought not longer to be so confined, and stating the names of all persons supposed to be interested in keeping him in confinement, and requesting his discharge. 65. The judge, upon reasonable cause being shown for a hearing, shall order notice of the time and place of hearing on said application to be given to the super bid $ 43. Notice to be given to su further pro ceedings. perintendent; intendent in charge of the hospital or place of confinement, and to such other persons as he deems proper, and such hearing when ordered shall be had as speedily as conveniently may be before any judge of the supreme judicial court in any county. The alleged insane person may be brought before the judge at the hearing upon a writ of habeas corpus, if any party so requests and the judge deems it proper, and an issue or issues may be framed and submitted to a jury by direction of the judge or on the request of any person who appears in the case. The jurors may be those in attendance on said court, if in session at the time of the hearing, or may be summoned for the special purpose on venires issued by the clerk of said court upon the order of the judge substantially in accordance with the provisions of chapter one hundred and seventy. Ibid § 44. If not insane 66. If it appears upon the verdict of the jury, or if in the opinion of the judge if not submitted to a jury, that or dangerous, the person so confined is not insane, or that he is not dangerous to himself or others, and ought not longer to be so confined, he shall be discharged from such confinement. to be dis charged. Ibid § 45. Trustees to ble clothing, etc. 67. No pauper shall be discharged from a state hospital without suitable clothing; and the trustees may furnish suita furnish the same at their discretion, together with such sum of money, not exceeding twenty dollars, as they may deem necessary. Such money and the cost of such clothing, the expense of pursuing such pauper lunatics as escape therefrom, and of burial of such as die in the hospitals, shall be reimbursed to the trustees by the places of legal settlement of city and town paupers, and by the commonwealth in the case of state paupers. Ch. 86, § 39, Removal of paupers. 68. Upon complaint of the trustees of a state lunatic hospital, the county commissioners of a county, the trustees of a state pauper establishment, or the overseers of the poor of a place, a judge of the probate court, [in term time or vacation, may, by warrant directed to a constable or other person therein designated,] cause the removal of state lunatic paupers under their charge to any other state, or beyond sea, where they belong. 69. The board of trustees of any of the state lunatic hospitals Discharge of of ch. 78, § 1. inmates institutions for the insane. or of the Massachusetts general hospital may by vote confer on the superintendent of the hospital or asylum under their control, authority to discharge therefrom any inmate thereof committed thereto as an insane person, provided due written notice of intention so to discharge shall be sent by said superintendent to the person or persons who originally signed the petition for the commitment of such inmate. Ibid § 2. Temporary release of inmates of insti 70. Said superintendent may also, when he shall deem it advisable, permit any such inmate to leave the hospital or asylum temporarily in charge of his guardian, relatives or friends, for a period not ex- tutions for the ceeding sixty days, and receive him when returned insane. by such guardian, relatives or friends within such period, without any further order of commitment. 71. The words "insane person" and "lunatic" shall include every idiot, non-compos, lunatic, insane, and distracted person. Ch. 3, § 3, cl. 10. of having ch. 213, § 15. dicted by rea When not in son of insanity 72. When a person held in prison on a charge committed an indictable offense is not indicted by the grand jury by reason of insanity, the grand jury shall certify that fact to the court, and thereupon the court, if satisfied that he is insane, may order him to be committed to a state lunatic hospital, under such limitations as may seem proper. sent to hos pital. for the ar bid § 30 may commit pital. Single judge to insane hos 73. A judge of the supreme judical court sitting raignment of a person charged with murder shall have the same power to commit such person to a lunatic hospital, if found by him to be insane, as the court would have if sitting at a regular term thereof. 74. When a person indicted is at the time appointed for the trial found to the satisfaction of the court to be insane, the court may cause him to be removed to one of the state lunatic hospitals for such a term and under such limitations as it may direct. Ch. 214, § 16. found insane hospital. Prisoner to be sent to Iыid § 19. Commitment to lunatic hos 75. When a person is acquitted by the jury by reason of insanity, the jury shall state that fact to the court, and thereupon the court, if satisfied that he is insane, may order him to be committed to a state lunatic hospital, under such limitations as may insanity. seem proper. pital of per on acquitted by reason of Ibid § 20. Persons acquitted of 76. When a person indicted for murder or manslaughter is acquitted by the jury by reason of insanity, the court shall order such person to be committed to one of the state lunatic hospitals during his natural life. murder, etc., by rea son of insanity, com mitted to hospital for life. Ibid § 21. May be dis 77. Any person committed to a state lunatic hospital under the preceding section may be discharged therefrom charged from by the governor, by and with the advice and consent of the council, when he is satisfied, after a hearing of the matter, that such person may be discharged without danger to others. hospital by governor and council. Ch. 215, § 34. pass sentence 78. If a person convicted of a capital crime is, at the time when motion for sentence is made, found to the satisfaction of the court to be insane, the court may cause such person to be removed to one of the state lunatic hospitals for such a term and under such limitations as it may direct. * * * * persons. 79. If it appears to the satisfaction of the governor and council that a convict under sentence of death has Ibid § 35 ecution in such cases. Respite of ex- become insane, the execution of said sentence may be respited by the governor, by and with the advice of the council, from time to time for stated periods, until it appears to their satisfaction that the convict is no longer insane. * * * Removal of insane persous from state and reformatory prisons to hospitals. 80. The state board of health, lunacy, and charity shall Ch. 222, § 10. 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 judgment 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. 81. Any officer authorized to serve criminal process may execute an order for the removal of a convict to or Ibid §11. moval; pay from any prison under the provisions of the pre- may execute ceding section. The person making such examina- order of re tion of a convict under the preceding section shall, of experts. if he is not a salaried officer of the state board of health, lunacy, and charity, receive for his services his actual traveling 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. hid $ 12. sons in other removed. Insane per prisons, how 82. 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 thereof 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. 83. If a person so removed becomes sane before the expiration of his sentence, he shall be forthwith returned. Ibid § 13. 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. If sane before term expires to be returned. bid § 14. insane pertrial. Transfer of son held for 84. 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 accord |