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When state commissioner to decide.

ing over each of said routes, and thereupon the said board shall decide upon one of the said routes which shall then be known as a part of the State reward trunk line highway system. Should said board fail to decide upon a route within a reasonable time, the State Highway Commissioner shall then designate the route and such route so designated shall then be known as and become a part of the State reward trunk line highway system. The trunk line highway routes within said county shall be such as shall afford a junction with that part of the State reward trunk line highway system established, projected, or capable of projection in an adMaximum of joining county. The maximum number of miles of trunk line highways which may receive double reward in any county, shall be computed by multiplying the number of surveyed townships by three, fractional townships to be computed pro rata.

double reward.

Approved April 28, 1915.

Sections amended.

Meetings of trustees.

[No. 97.]

AN ACT to amend sections seven, fourteen, sixteen, twentyseven and thirty-two of act two hundred seventeen of the Public Acts of nineteen hundred three, entitled "An act to revise and consolidate the laws organizing asylums for the insane and to regulate the care, management and use thereof and to provide for the apprehension of persons believed to be insane and for their care and custody," as amended by act three hundred thirty-five of the Public Acts of nineteen hundred seven, act one hundred fifty-five of the Public Acts of nineteen hundred eleven, and act number eighty of the Public Acts of nineteen hundred thirteen.

The People of the State of Michigan enact:

SECTION 1. Sections seven, fourteen, sixteen, twenty-seven and thirty-two of act two hundred seventeen of the Public Acts of nineteen hundred three, entitled "An act to revise and consolidate the laws organizing asylums for the insane and to regulate the care, management and use thereof and to provide for the apprehension of persons believed to be insane and for their care and custody," as amended by act three hundred thirty-five of the Public Acts of nineteen hundred seven, act one hundred fifty-five of the Public Acts of nineteen hundred eleven and act number eighty of the Public Acts of nineteen hundred thirteen, are hereby amended to read as follows:

SEC. 7. The boards of trustees shall meet jointly at least twice each year at such times and places as may be prescribed by their joint by-laws, to adjust all questions that may arise

pertaining to said institutions, and the trustees of the State asylum shall meet with them; and the joint boards, acting under such rules and by-laws as they may adopt, by and with the advice and consent of the medical superintendents, may transfer patients from one asylum to another if for any Transfer of patients. cause it may become necessary or desirable, the expense of such transfer to be chargeable to the State or the person, as the case may be, responsible for the maintenance of the patient so transferred: Provided, No person shall be trans- Proviso, ferred to or from the State asylum except as may be otherwise provided by law.

transfer to state asylum.

care of

SEC. 14. No person who is a resident of this State shall be held as a public or private patient in any asylum, public or private, or in any institution, home or retreat for the care or treatment of the insane, except upon certificates of insanity and an order for admission as hereinafter provided, except voluntary patients admitted under act number eighty-one of the Public Acts of nineteen hundred thirteen: Provided, That Proviso, such persons as may have been or may hereafter be adjudged inebriates, to be so addicted to the excessive use of intoxicating liquors, etc. or narcotics or noxious drugs, as to be in need of medical and sanitary treatment and care, for whose person a guardian has or may be appointed with power to restrain his said ward in some suitable State hospital or asylum for treatment, may upon petition of the guardian and by order of the probate court, be taken to or restrained in any suitable institution, asylum or hospital for medical or sanitary treatment and care, or hospital for the insane: Provided further, When- Further ever it shall appear to a judge of any court of record, justice detention of the peace, or a police justice of any city or county where of insane. such person may be upon evidence produced and from a certifi cate of two legally qualified physicians, to be necessary and essential to public safety so to do, said judge or police justice may authorize any superintendent of the poor or peace officer of said city or county to take into custody and cause to be removed to any hospital or other place of detention, any person believed to be insane against whom no proceedings have been instituted under this act, and such person may be detained until such proceedings as hereinafter provided shall be instituted in the probate court: Provided further, That the Further proviso, period of such temporary detention shall not exceed five days, unless the probate court shall by special order enlarge the detention. time: Provided further, That no person arrested under this Further act shall be confined in a jail or other lock-up unless such confinement person manifests homicidal or other dangerous tendencies.

proviso,

proviso,

in jail.

SEC. 16. The father, mother, husband, wife, brother, sister Who may petition for or child of a person alleged to be insane, or the sheriff or any order of superintendent of the poor, or supervisor of any township, admission. or any peace officer within the county in which the alleged insane person resides, or may be, may petition the probate court of said county for an order directing the admission of said person to an asylum or institution for the care of the Statement

of facts.

Hearing.

Notice.

Service.

Guardian ad litem.

Inquest.

Jury.

Fees.

Order of detention.

insane, such petition to contain a statement of the facts upon
which the allegation of insanity is based and because of which
the application for the order is made. Upon receiving such
petition the court shall fix a day for the hearing thereof and
shall appoint two reputable physicians to make the required
examination of the alleged insane person, whose certificate
shall be filed with the court on or before such hearing.
Notice of such petition, and of the time and place of hearing
thereon, shall be served personally, at least twenty-four hours
before the hearing, upon the person alleged to be insane, and
if made by a sheriff or peace officer, also upon the father,
mother, husband, wife, or some one of the next of kin, of full
age, of such alleged insane person, if there be any such known
to be residing within the county, and upon such of said rela-
tives residing outside of the county and within this State as
may be ordered by the court, and also upon the person with
whom such alleged insane person may reside, or at whose
house he may be. This notice may be served in any part of
the State. The court to whom the petition is presented may
dispense with such personal service or may direct substituted
service to be made upon some person to be designated by it.
The court shall state in a certificate to be attached to the
petition its reason for dispensing with personal service of
such notice, and, if substituted service is directed, the name
of the person to be served therewith. In such cases the
court shall appoint a guardian ad litem to represent such in-
sane person upon such hearing, and in other cases it may ap
point such guardian ad litem. The court shall also institute
an inquest, and take proofs, as to the alleged insanity of
such person, and fully investigate the facts before making
such order, and, if no jury is required, the probate court shall
determine the question of the sanity or insanity of such per
If the court shall deem it necessary, or if such alleged
insane person, or any relative, or any person with whom
he may reside, or at whose house he may be, shall so demand,
a jury of twelve freeholders having the qualifications required
of jurors in courts of record, shall be summoned to determine
the question of insanity, and whenever a jury is required the
court shall proceed to the selection of such jury in the same
manner as is provided for the selection of a jury for the con-
demnation of land for railroad purposes, and such jury shall
determine the question of the sanity or insanity of the alleged
insane person.
The jurors shall receive the same fees for
attendance and mileage as are allowed by law to jurors in the
circuit court. Pending such proceedings for admission into
the asylum, if it shall appear, upon the certificate of two
legally qualified physicians, to be necessary and essential so
to do, the court may order the alleged insane person to be
placed in the custody of some suitable person, or to be re-
moved to the asylum of the district in which he resides, or
to any hospital, home or retreat, to be detained until such

son.

limit of

present.

petition can be heard and determined: Provided, however, Proviso, That the period of such temporary detention shall not exceed detention. thirty days, unless the court shall, by special order, enlarge the time. The alleged insane person shall have the right Right to be to be present at such hearing, unless it shall be made to appear to the court, either by the certificate of the medical superintendent of the asylum, or the officers in charge of such hospital, home or retreat to which he may have been temporarily admitted, or by the certificate of two reputable physicians, that his condition is such as to render his removal for that purpose, or his appearing at such hearing improper and unsafe. If such person shall be found and adjudged to Order of be insane, the court shall immediately issue an order for his admission. admission to an asylum. If, at the time of, or before the

or public

making of such order, a bond for the support of such insane person, at such asylum, in accordance with the by-laws thereof, shall be executed by at least two persons or by some surety company authorized to do business in this State, to be approved by such probate court and delivered to him, together with such sum, as an advance payment toward his support, as such by-laws may require, the admission of such insane person shall be ordered as a private patient, otherwise as a public patient. Such bond and advance payment, together Private with the order of admission, shall be transmitted by the pro- patient. bate court to the medical superintendent of the asylum. Until such bond and advance payment are delivered to the medical superintendent, the insane person shall be admitted into the asylum only as a public patient. The county in Liability which such proceeding is had shall be liable to the State for for support. the support of such patient until such bond and advance payment are delivered to the medical superintendent. In case the admission of such insane person is ordered as a public patient, then the county of which such person is a resident shall be liable to the State for the support of such patient for one year. At the request of the medical superintendent, Justification the court shall require the persons or surety company executing such bond to justify their responsibility anew, or order that a new bond be given in the place of the original one, which justification or new bond shall be transmitted to the medical superintendent, and unless such justification or new bond shall be delivered to the medical superintendent, the insane person shall, from the time of such request, be regarded as a public patient. If the relatives or friends of such insane Admission person shall so request, the court shall order his admission, to private as a private patient, to any institution, home or retreat for the care or treatment of the insane in this State, other than one of the asylums of the State, upon such relatives or friends complying with the rules and regulations of such institution, home or retreat for the admission and support of the insane person as a private patient. The court may appoint a conveyance to proper person or persons to take such insane person to the institution. asylum, institution, home or retreat, who shall each receive,

of sureties.

institution.

Guardian.

Bond.

Form of order of admission.

as pay for such services, the sum of three dollars per day, together with his necessary expenses. The court, upon making such order for admission into an asylum, if, in his judgment, a guardian of such insane person is needed before a guardian of his or her person and estate can be readily appointed, may by a separate order, and without further notice, appoint summarily a guardian of the person only, of such insane person, which guardianship of the person shall continue only until a guardian both of his person and estate shall be regularly appointed. Such guardian of the person shall give a bond in such sum as may be directed by the court, and with sureties to be approved by the court. The guardian shall have the same rights and be subject to the same duties with respect to the person of his ward as guardians of incompetent or insane persons have by law, except that he shall not interfere with the admission and detention of the insane person pursuant to the order for admission. The order for admission shall be substantially in the following form:

State of Michigan,

The Probate Court of the County of

At a session of said court, held at the probate office in the

on the

of

day of

in said county,

..A. D.

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and due notice of the hearing on said petition having been given as required by law and as directed by said court, the said petitioner appeared ..

It appearing to the court upon filing the certificates of two legally qualified physicians, and after a full investigation of said matter, with ... the verdict of a jury that is insane and a fit person for care and should be

said ..

.....

treatment in said asylum, and that
admitted to said asylum as a

It is ordered, that said.

[blocks in formation]

patient.

be admitted to said

be and is hereby

to

said asylum, with full power and authority for that purpose.

Judge of Probate.

After said order for admission has been regularly made and entered as provided herein, the judge of probate shall mail a certified copy of such order to the medical superintendent of the institution to which the patient has been committed, and upon receipt of such order the said medical superintendent shall, as soon as there is room for such patient at such

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