Page images
PDF
EPUB

Vacating or modifying order.

witnesses.

sane person to asylum.

Payment of part of expenses in asylum.

of the poor of said county to collect such sum. If any person so ordered to contribute to the support of such insane person shall at any time become unable to pay the sum so ordered, such person may make application to the judge of probate by petition setting forth the facts; said judge shall hear the evidence thereon, and if satisfied that such person is no longer able to contribute such sum may vacate or modify said order. Probate judge The judge of probate in any proceeding provided herein may compel attendance of shall have power to compel the attendance of witnesses and jurors and shall file the certificates of the physicians taken under oath and other papers in his office and enter the proper orders in the journal of the probate court in his office and he Conveying in- may appoint a proper person or persons to take such insane person to the asylum who shall receive as pay for such services the sum of three dollars per day, together with his necessary expenses, to be paid upon the certificate of the judge of probate under the seal of the probate court by the county treasurer of such county upon presentation to him, and out of the general fund of such county or any other fund available for that purpose. Whenever any person is committed to the asylum on the order of the judge of probate as an indigent insane person, and it shall also. appear to said judge of probate on the hearing thereon that such insane person has an estate, or has any income, annuity or pension which is not sufficient to support him and his family, if he have one, under the visitation of insanity and yet is sufficient to admit of the payment of something thereto, and if it further appears to said judge of probate that such person has no family, or that he has a family whose support and maintenance does not require the whole of such estate, income, annuity or pension, then the said judge of probate may on the hearing had before him wherein the parties interested have been duly cited to appear, as hereinbefore provided, make an order requiring the guardian or other person having control of such estate, income, annuity or pension, to pay the same or such part thereof as said judge of probate shall determine to the county treasurer of such county, to be by said treasurer turned into the county treasury while such insane person is a county charge and into the State treasury when such insane person becomes a State charge, as hereinbefore provided. If such guardian shall neglect or refuse to pay over said moneys to the county treasurer as provided in said order, the said judge of probate shall cite such guardian to appear before him at such time as he may direct to render an account of all moneys or other property in his hands as such guardian, and on his failure to appear or render such account, the said judge of probate may remove such guardian Probate judge and appoint some other suitable person in his place. The said Indigent in- judge of probate shall thereupon refer the matter to the prosesane person to cuting attorney of said county, who shall enforce payment intendents of of the sums provided in said order by proper action. The said judge of probate, pending any proceedings taken

Compelling guardian to pay over money.

may commit

care of superthe poor.

may be com

to Secretary

to commit any indigent insane person to any asylum in this State, may if it shall appear upon the certificate of two physicians to be necessary and essential so to do, commit such person into the custody of the superintendents of the poor of said county, the sheriff of his county, or to the asylum of the district in which such insane person resides, to be detained until such application can be heard and determined: Provided, Proviso. however, That the period of such detention shall not exceed in all fourteen days, and all the expenses thereof shall be paid by the county treasurer upon the certificate of the judge of probate under the seal of the probate court out of the general fund of said county, or any other fund available for that purpose. If the probate judge shall at any such hearing find that Insane person the person is insane but is not in indigent circumstances, he mitted as a may make an order admitting such insane person to any asylum private patient. in this State, public or private, as a private patient. If the pro- State charges bate judge shall find such indigent insane person a State to be certified charge, as hereinbefore provided, he shall certify his finding of State. upon the question of settlement to the Secretary of State and to the medical superintendent of the asylum to which said insane person has been sent and the State shall become responsible for the maintaining of said insane person. The Probate judge judge of probate shall report the result of his proceedings treasurer to to the supervisors of his county and shall also state in his report to supreport all cases in which he has required by order as herein provided for payment by relatives to the support of the insane person, or the application of his estate, income, annuity or pension thereto, and the respective amounts so ordered to be paid. The county treasurer shall also report to the board of supervisors the amounts collected by him on such orders. It shall be the duty of the board of supervisors at the next annual meeting thereafter to raise money requisite to meet the expenses of support accordingly. The order of the judge of probate shall be in the following form:

[blocks in formation]

and county

ervisors.

At a session of the said probate court holden at the probate Form of order.

[blocks in formation]

.....

This day having been assigned for hearing the petition now on file in this court. . . . . . . .alleging that..... ., a ...... of ... in said county (or that his residence is unknown) is insane, and praying that the said may be admitted

. . . .

to the
.. Asylum for the Insane at
be supported at the expense of the county of

there to
and

having notified the said insane person and the other persons
and officials required by law to be notified of the time and
place of hearing said petition, and having filed the certifi-
cates taken under oath of .... .. and ........ two legally
qualified physicians, and having taken the testimony of other
credible witnesses, and having inquired into h.. settlement
and having fully investigated the facts in the case with.......
the verdict of a jury as to the question of insanity, I, the judge
of probate in and for said county, do find that the said...
is in indigent circumstances

....

(or a pauper), and certify that satisfactory proof has been adduced showing the said .. to be insane, and that he has acquired a legal settlement in said county (or that he has not acquired a legal settlement in said county, but that he has a legal residence in the county of ...... in said State, or that his legal residence is unknown), and that his estate is insufficient to support h.. and h.. family under the visitation of insanity.

It is, therefore, ordered that the said ........ be admitted into said asylum and there supported at the expense of the county of .. until restored to soundness of mind, if effected within two years, and until otherwise ordered, and that said proceedings be reported to the board of supervisors of said county at their next annual meeting.

In testimony whereof, I have hereunto set my hand and affixed the seal of said probate court at this.... day of ....

[Seal]

A. D. 18....

[blocks in formation]

Question of indigence may be decided after thirty days.

SEC. 24. When any insane person in indigent circumstances shall have been maintained by his friends in the asylum as a private patient for three months and the superintendent of the asylum shall certify that he is insane and requires further treatment, the judge of probate on application by the friends of such patient shall determine the question of indigence, and also investigate the estate, income, annuity or pension of such insane person and the ability of his relatives legally liable for his support, according to the provisions of the preceding section with or without further evidence of insanity, as in his discretion he may think best, and if the indigence be established, he shall make an order authorizing the admission of such patient into the asylum as a county or State charge according to the provisions of the preceding section, together with such other orders for the application of the estate, income, annuity or pension of such insane person to

State to be

his support, and for the payment to the county treasurer for his support by relatives legally liable therefor, as is provided in the preceding section, and shall certify the same to the Sec- Secretary of retary of State if he or she is made a State charge, and shall notified of report the same to the board of supervisors, if he or she is State charge. made a county charge as required by the preceding section, and the patient as in other cases of indigence shall be supported at the asylum at the expense of the State or of the county to which he or she may belong, as provided in the preceding section until restored, or if a county charge for a period of not exceeding two years. Approved March 26, 1897.

[ No. 45. ]

AN ACT to amend section twenty-two of act number one hundred forty-nine of the public acts of eighteen hundred ninety-three, entitled, "An act to provide for a county and township system of roads and to prescribe the powers and duties of the officers having charge thereof."

section.

SECTION 1. The People of the State of Michigan enact, That Amending section twenty-two of act number one hundred forty-nine of the public acts of eighteen hundred ninety-three, entitled, "An act to provide for a county and township system of roads and to prescribe the powers and duties of the officers having charge thereof," be and the same is hereby amended to read as follows:

resolution

SEC. 22. Whenever the board of supervisors of the county Supervisors, shall by a two-thirds vote of all the members elect resolve to two-thirds vote required contract indebtedness or issue bonds to raise money for the to issue bonds. construction and maintenance of county roads the question shall be submitted to a vote of the electors of the county at a general or special election to be called for that purpose. Notice of the submission of such resolution to the vote of the Notice of electors and in case a special election is called notice of the election, when calling of such special election shall be given in the same man- carried. ner and for the same length of time as now prescribed by law. If a majority of the electors voting on such resolution shall vote in favor thereof it shall be deemed to have carried: (Provided, That in Delta county such resolution shall not be Proviso in deemed carried unless two-thirds of those voting on such proposition vote in favor of such resolution.) The manner of stat- Manner of ing the question upon the ballots shall be prescribed by the stating ques resolution of the board of supervisors. No bond or evidence of indebtedness shall be negotiated at less than par and the accrued interest. All money raised by the board of supervi

Delta county.

tion on ballot.

sors for the construction and maintenance of county roads
shall be expended under the direction of the board of county
road commissioners.

This act is ordered to take immediate effect.
Approved March 26, 1897.

Section amended.

Fees to be applied to pri

mary school,

university and educa

tional funds.

[ No. 46. ]

AN ACT to amend section three of an act entitled "An act to provide for the payment of a franchise fee by corporations," being act number one hundred and eighty-two of the public acts of Michigan for eighteen hundred and ninety-one, as amended by acts number seventy-nine of the public acts of eighteen hundred ninety-three and number ninety-one of the public acts of eighteen hundred ninety-five.

SECTION 1. The People of the State of Michigan enact, That section three of act number one hundred and eighty-two of the public acts of eighteen hundred ninety-one, entitled "An act to provide for the payment of a franchise fee by corporations," be and the same is hereby amended so as to read as follows:

SEC. 3. The fees collected under the provisions of this act shall be paid into the State treasury and shall be applied in paying the interest upon the primary school, university and other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt other than the amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the primary school interest fund, as provided in section I. of article XIV. of the constitution of Michigan.

Approved March 26, 1897.

[ No. 47. ]

AN ACT to provide for the commencement of suits in this State on bonds provided by law to be filed in probate courts in the county where such bond is filed, and for the service of process in any part of this State, when suit thereon is ordered to be commenced by the probate judge on such bond.

[graphic]
« PreviousContinue »