to believe that any insane person, not incurable, is deprived of proper remedial treatment, and is confined in any almshouse or other place, whether such insane person is a public charge or otherwise, it shall be the duty of said board to cause application to be made to one of the judges of the supreme judicial, superior or probate courts, for the commitment of such person to a hospital in the manner prescribed by law. 24. The governor and council may license any suitable person to establish and keep an asylum or private house for the reception and treatment of insane persons, and may at any time revoke such license. And such asylum or private house shall be subject to visitation by the governor and council or any committee thereof, and by the judge of the probate court of the county wherein the same is situated. houses, how trans ferred to hospitals. 1864, c. 288, § 7. Governor may license private 25. Whoever establishes or keeps such an asylum or private Keeper of private house without a license, unless otherwise authorized by law, shall forfeit a sum not exceeding five hundred dollars. 26. There shall be established on the lands connected with the State almshouse at Tewksbury a receptacle for insane criminals to which shall be removed all persons now in the State lunatic hospitals, whom the board of State charities shall deem to be fit subjects therefor. Any insane person who may be committed to one of the State lunatic hospitals under the provisions of the fourteenth section of the one hundred and seventy-second chapter of the General Statutes, or of the seventeenth section of the two hundred and twenty-third chapter of the acts of the year eighteen hundred and sixty-two, may, at the discretion of the court be committed to the said receptacle under such limitations as the court may direct. And the judges of the superior and probate courts may cause convicts who are insane to be removed from any prison or house of correction to the said receptacle, in the same manner that such convicts may now be removed to one of the State lunatic hospitals. But no person shall be removed or committed to such receptacle until the governor, by his proclamation, gives notice that the same is ready for inmates. 27. The inspectors of the State almshouse at Tewksbury shall, subject to the approval of the governor, establish rules and regulations for the government and management of said receptacle, and shall see that the same are enforced; and said receptacle shall be visited and examined once in each week by at least one inspector, who shall, at the time of such visit, make a record thereof in a book to be kept at the receptacle for the purpose. The superintendent of the said almshouse shall have the general supervision of said receptacle, and shall furnish all supplies needed therefor. The inmates of said receptacle shall be under the care of a asylum without Receptacle at house for insane Ibid. § 10. Rules for govern ment of said recep tacle. Ibid. § 11. 1864, c. 288, § 11. Amounts due hospitals for support of state insane, how adjusted. Ibid. § 12. suitable resident physician, who shall also be the physician of the almshouse, and who shall be appointed by the inspectors of said almshouse. 28. It shall be the duty of the board of State charities to certify to the auditor, within one week from the commencement of each quarter of the financial year, the probable amount due to each lunatic hospital for the support of State pauper inmates during said quarter. And upon application of any board of trustees of said hospitals, the auditor may draw his warrant for å sum not exceeding ninety per cent of the amount so certified, and the same shall be paid to the treasurer of the hospital making the application, to be used towards the payment of its current expenses, incurred within the financial year. 1 HOUSES OF CORRECTION AND JAILS. STATUTES. 1. Transfer of county property 2. Towns, &c., not to erect alms- 3. Counties to provide public 4. County jails, for what purposes 5. Sheriff may remove prisoners. 7. To be reimbursed for damages 8. Jailers to return list of prison- 1 An ordinance relating to the Boston lunatic hospital, passed October 3, 1842, and ordinances in addition thereto, passed March 13, 1845, June 4, 1846, and July 7, 1853, were repealed by the ordinance concerning the public institutions passed August 25, 1857, and amended December 16, 1859-ante. For laws relating to the insane sent to the State lunatic hospitals, see Gen. Stats. c. 73, and act of 1862, c. 223; also paupers, post. 30. 31. 29. Officers to arrest and enter complaints against. Sentence of vagrants. Known pickpocket, thief, or burglar when to be deemed vagabond and arrested. Officer arresting to bring before court. Penalty if guilty. 32. G. S. 178, § 17 and 165, § 32 to apply. 33. They may be punished by fine, and sentenced conditionally, &c. 34. Master of house of industry, &c., to receive convicts. 35. Prisoners reformed may be discharged, &c. 36. Conviction of offenders after discharge on former conviction. 37. Night-walking, third conviction. 38. Night-walkers, &c., committed for third offence may be bound out, &c. 41. Sheriff to deliver prisoners to successor. 42. Upon death of sheriff, jailer to continue in office, until, &c. 43. Compensation of sheriff for care of prisoners. Not to receive rent for use of county dwellings. 44. Salaries of officers, assistants, &c. 45. If inadequate, superior court to determine. 46. Sheriff who acts as jailer, &c., may receive additional compensation. 47. Jailer, &c., to keep calendar of prisoners. Penalty. 48. Record of conduct to be kept and term of imprisonment reduced in certain cases. 49. Wardens, masters, &c., to keep account of money, &c. Warrants, &c., to be filed, &c. Prisons, &c., to be whitewashed, kept clean, &c. 50. 51. 52. Cleanliness of prisoners, their food, &c. 53. Classification and separation of prisoners. 54. Execution of sentence to solitary imprisonment. 55. Prisoners to be kept to hard labor, but not in engraving or printing. Log and chain may be used. 56. Punishment for refusing to work, &c. Not to be in solitary more than three days, &c. 57. Punishment for prisoners escaping, &c. 58. Punishment of refractory pris oners. 59. Punishment of poor debtors, &c., who commit depredations. 60. Sheriff's and keeper's authority not affected. 61. Moral and religious instruction to prisoners, &c. 62. Instruction in reading and writing. 63. Burial of deceased prisoners, Expense of Supporting Prisoners. 70. Commissioners to procure supplies, &c. 71. Expense of supporting convicts in jail, &c., how paid. 72. Advancement of money for tools, materials, &c. 73. Master, &c., to keep account of earnings, &c. 74. Master to supply fuel, &c. Allowance therefor. 75. Masters to obey orders for furnishing specific rations. Penalty. 76. Compensation of master of house of correction in Suffolk. 77. Overseers, &c., to audit accounts for support of convicts, &c. 78, 79. Support of poor convicts, how recovered of kindred, town, &c. Notice to town liable for. Commitments and Discharges. 96, 97. Courts may sentence to jail or house of correction. 98, 99. Conditional sentences. 100. Court may impose fine or imprisonment, except, &c. 101. Limitations of confinement in certain cases. 102. Poor convicts, how discharged after three months. 103. Poor convicts, how discharged when confined for non-payment of fines and costs. 104. Persons under guardianship, how discharged. 80. 105. Fine and cost may be recovered of guardian. Fees of justices for discharge. Convicts too sick to be removed, how to be provided for. Lunatics in Prison. 108. Insane persons in prison, how removed to hospital. 109. If sane before term expires, to be returned. Board of Directors for Public Institutions. 110. Directors for the public institutions to be chosen; their powers and duties. Transfer of county Chelsea to Boston. 1831, c. 65, §§ 1, 2. property from See pp. 119, 120, ante. G. S. 17, § 3. See § 9. 1. By a special act of the legislature, passed June 23, 1831, it was provided that the town of Chelsea should release to the city of Boston all title and interest in all the real and personal estate deemed and taken to belong to the county of Suffolk; and the exclusive jurisdiction of the court-houses, jails, houses of correction, and all other lands and buildings deemed county property, and that the rights thus acquired should forever remain vested in the city of Boston.2 The rights so acquired were confirmed by the R. S. 14, §7. revised statutes and again by the General Statutes. By the above acts, and others, it was provided that the towns of Chelsea, North Chelsea, and Winthrop should not be assessed or taxed for county purposes. It was further provided that in the county of Suffolk, the court-houses, jails, houses of correction, fire-proof offices, and G. S. 17, § 3. R. S. 14. § 10. G. S. 17, § 6. 1 Under this title are included nearly all the general laws relating to houses of correction and jails in the several counties. Most of them are applicable to Suffolk, though modified to some extent by many special enactments regulating the management of the public institutions in Suffolk, and the execution of the laws by other boards different from those in the other counties. The house of correction, house of industry, house of reformation and lunatic hospital are placed under the management of a board of directors, by a special law passed March 28, 1857. 2 It was provided in § 2 of the act of 1831, that the connection existing between the city of Boston and the town of Chelsea should continue, as an equivalent for said release, twenty years, and afterwards, until it should be altered by the legislature, unless Chelsea should, in the mean time, apply to the legislature and be set off to another county. See "Chelsea.” ante, p. 118. |