60. Transfer of patients, in discretion of governor. 61. Selection of patients for discharge. 63. Discharge of harmless incurable. the state. 69. Discharge, authority conferred on superintendent. 70. Temporary leave of absence from asylum. 71. Definition of insanity. CRIMINAL INSANE. 72. When not indicted, certificate of grand jury, commitment. 73. In capital cases, commitment by judge. 74. Before trial, commitment by court. ch. 79, § 1. health, lunacy, and charity, how 75. Acquitted on ground of insanity, commitment by court. 76. Acquitted in capital cases, commitment for term of his natural life. 77. On recovery, examination, discharge by judge. 78. Suspension of sentence on acquittal of capital crime, commitment. Suspension of execution of death penalty. 79. 80. Insane convicts, commission of lunacy; notice to; report; on recovery, remanded to prison. 81. Fees of officers for commitment and 82. Insane convicts in prison other than 86. Insane criminals before sentence, 87. Provisions of act to be retroactive. 1. The state board of health, lunacy, and charity shall conStatutes 1882, sist of nine persons. The present members thereof State board of shall continue to hold their offices during the terms for which they were appointed. Two members of organized, etc. the board shall retire each year, in the order of their appointment, except every fifth year, when one shall retire. The appointments or re-appointments 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. Ibid § 2. To have su certain state institutions, etc. 2. The board shall have general supervision over the state lunatic hospitals, the state almshouse, the state pervision over Workhouse, 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 May assign its powers and duties to agents appointed for the pur powers aud duties to pose, and may execute any of its functions by such agents, or by committees appointed from and by agents. said board. Ibid § 3. To appoint its officers, fix compensation, meetings; hold monthly' make by-laws, and report, 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 serve without may be needful. It shall make its own by-laws, compensation. 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 compensation for their services; but their traveling and other necessary expenses shall be allowed and paid; and no person employed by the board shall be a member thereof. Ibid § 5. tain institu 4. 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 ob- tious, etc. served, 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. Ibid § 7. To have an 5. The trustees of the several institutions named in section two shall annually on the thirtieth day of Septemnual inventory ber cause to be made and sent to the board an accurate inventory of the stock and supplies on hand, and the value and amount thereof, at each institution, under the following heads: of certain institutions. Live stock on the farm; produce of the farm on hand; carriages and agricultural implements; machinery and mechanical fixtures; beds and bedding in the inmates' department; other furniture in the inmates' department; personal property of the state in the superintendent's department; ready-made clothing; dry goods; provisions and groceries; drugs and medicines; fuel; library. Ibid § 8. 6. The board shall have the same powers in relation to state paupers who are inmates of either of the lunatic. hospitals in this state, and their property, as are by hospitals. law vested in towns and overseers of the poor in reference to paupers supported or relieved by towns. relation to paupers at Ibid § 9. 7. It may transfer pauper inmates from one state charitable institution or lunatic hospital to another, or may May transfer send them to any state or place where they belong, when the public interest or the necessities of the inmates require such transfer. pauper inmates from one institut' to another. Ibid § 13. May transfer inmates of almshouse or 8. The board may transfer and commit to either of the state lunatic hospitals, or to the asylum for the chronic insane at Worcester, any inmate of the state almsworkhouse to house or state workhouse whose condition requires hospitals. such transfer; but no such transfer shall be made without the certificate of two physicians, one of whom has no state lunatic connection with any hospital or asylum for the insane, to the insanity of such inmate. Upon application of the director, manager, or trustees of a private asylum for the insane, the board shall have the power to transfer any inmates of such asylum to another private asylum, or to a state lunatic hospital; but no such transfer shall be made without the consent of the legal or natural guardian of such inmate. Ibid § 16. Private socie ties, etc., to make report to state board. 9. Every private society or institution for charitable purposes, except institutions for the instruction of the deaf, dumb, and blind, when aided by a grant of money from the state treasury, shall annually prepare and send to the board a written or printed report of all its proceedings, income, and expenditures, properly classified, for the year ending on the thirtieth day of September, stating the sum appropriated by the commonwealth, the sum expended under said appropriation, the whole number and the average number of beneficiaries, the number and salaries of officers and persons employed, and such other information as the board may require. 10. Said report, if in writing, shall be sent in by the fifteenth day of October, and, if in print, by the first day of November in each year. bid § 17. When reports to be made. shall act Ch. 87, § 1. be commis State board to sioners of lu 11. The state board of health, lunacy, and charity as commissioners of lunacy, with power to investigate the question of the insanity and condition of any person committed to any lunatic hospital or nacy, etc. asylum, public or private, or restrained of his liberty by reason of alleged insanity, at any place within this commonwealth; and shall discharge any person so committed or restrained, if in its opinion such person is not insane, or can be cared for after such discharge without danger to others, and with benefit to himself. 12. The titles of the state lunatic hospitals shall be, severally, The Worcester Lunatic Hospital, The Taun- Ibid § 2. ton Lunatic Hospital, The Northampton Lunatic pitals. Hospital, and the Danvers Lunatic Hospital. Titles of hos Ibid § 3. Lands of hospitals 13. The lands now holden and which may hereafter be holden by the trustees of any state lunatic hospital in trust for the commonwealth, for the use of the institution of which they are trustees, shall not not to be taken for streets,etc, unless, etc. be taken for a street, highway, or railroad, without leave of the legislature specially obtained. Ibid § 4. of hospi tal vested in five trustees. Appointment and term of office. 14. The government of each of the state lunatic hospitals at Worcester, Taunton, Northampton, and Danvers, Grech shall be vested in a board of five trustees, appointed and commissioned by the governor with the advice and consent of the council, subject to removal only for sufficient cause. The trustees now in office shall continue to hold their offices until the terms thereof expire according to the provisions of this section. On the first Wednesday of February in each year the term of office of the senior member of each board, as they stand arranged on the list of their appointments, shall terminate, and the name of the person appointed to fill the vacancy shall be placed at the bottom of the list, and other vacancies may at any time be filled, and the names of the persons appointed substituted in the list for the remainder of the vacant terms. Ibid § 5. a corporation, to take and hold grants, etc. 15. The trustees of each hospital shall be a corporation for the purpose of taking and holding, to them and Trustees to be their successors, in trust for the commonwealth, any grant or devise of lands, and any donation or bequest of money or other personal property, made for the use of the institution of which they are trustees, and for the purpose of preserving and investing the proceeds thereof in notes or bonds secured by good and sufficient mortgages or other securities, with all the powers necessary to carry said purposes into effect. General pow 16. They shall take charge of the general interests of the Ibid § 6. institution, and see that its affairs are conducted ers and duties. according to the requirements of the legislature and the by-laws and regulations which the board shall establish for the internal government and economy thereof; and they shall be reimbursed all expenses incurred in the discharge of their official duties. To make by 17. They shall establish by-laws and regulations, with suitIbid § 7. able penalties, for the internal government and laws, appoint economy of the institution; shall appoint a supersalaries, etc. intendent who shall be a physician and constantly reside at the hospital, and a treasurer who shall give bond for the faithful discharge of his duties; shall appoint, or make officers, fix |