Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1882-12-13


Approved November az, 1854.
No fan act relating to the care and restraint Of
the insane.
II Is hereby enacted, etc.
SEe. 1t shall be the duty of the lel guardian of
any insane person not pauper, and the duy OF the
overseer OF the poor in the town in which any
person who is pauper resides when such insane per
son Is not placed asylum, to keep such insane per
son under such restraint may be necessary pre-
vent has gong at large.
SEC. a. Whenever any insane person not pauper.
who has legally appointed guardian shall be found
gong at large in any Gown, and when, the opinion
OF the seectme1 OF the town where found, said
person SO derLnged as to be unsafe to be at
large, said seleetmen may notify the guardian of such
niane person to take charge OF him. aud restrain him
SIC J. Whenever any insane pauper residing in
any town in this shall be found going large in
any town. and when in the opinion OF the seleetmen OF
the town whtre he Is so found such pauPe is 50 de-
ranged as 10 be unsafe person be at large, sad
s=lecimen may notify the of the poor .he
town where such insane pauper resides take Il
OF him am remove him and restrain him from gOII- II
large.
Sac A. If any guardian or overseer Of the poor
after being notified by the selectmen Of town, snail
neglect 10 restrain such insane person from gong al
large for the space OF six days thereafter shall fAl &c
oresrn such person to prevent his aerward gong
large within the lIm of town, he shall be lid
BILE TO penalty OF twenty-five dollars for each neglect
or failure as aforesaid, which may be recovered IN ar
action founded upon this Statue brought in the namI
and tor the bsnent Of SAID Town
Sac. S. If any insane person not pauper, found
gong at large any town shall have no legally
apo nted guardian application toT the appointment o
guardian over him may be made 10 the PROBATE cour
dis rict in which such insane person resides, by
the Selectmen OF the town where such insane person
ioun1 going at large, the same manner, and TO b.
followed BY the same proceedings as now provided
In the case OF an application by relative or Trend,
by the overseer OF the poor OF the in which Sue
person resides or is chArgeable.
SEC. 6. When an application is made to the probat
court as provided IN the preceding section, the over
seer OF the poor OF the town in which such suppose
insane person resi- des, shall receive the notice
such Application AM OF the time and place OF nearing
Is now require gwen to such supposed insane per
SOM and il So loIr hall adjudge such person insane
and order that guardian be appointed over him, an
no one accepts and qualities himself tor said trus
within twenty days thereafter the ovcrseer OF the poo
OF such town hall be subj the same duty an
liable to the same penalty undtr he provisions OF Thu
at as though such person was an insane paupcr.
Sac. 2 Whenever the probate court, upon the appli
cation herein provided for, shall adjudse the perso
insane but shall not appoint guardian over him unde
the provisions of this act, for the reason that suc
person is pauper, and the selectmcn making III
tue application shall thereafter proceed agains
she overseer of the poor OF the town wher
such person resides, under sections three an
person Is pauper shall be conclusive against tn
overseer in SAID proceedings.
Sac. g. The selectmen giving to the guardian G
overseer the notice herein provided TOR may take sue
insane person into custody and keep him in such con
hnement as may be necessary, until removed by sal
guardian overSeer and all necessary expenses ncuI
red in so doing alter the expiration OF the lime above
Tor his being put under restraint under the first notice
or when sueh person is taken into custody any sui
sequent time, under the provisions OF this act may
recovered by SAID town of such guardian oversee
in addition to the penalty herein provided for in tn
same suit.
SEC. g. This act shall take effect from its passage
Approved November aS, 1882.
No. 4s.-An act relating to the insane.
1t is hereby enacted etc:
Sac. l. Section 23o6 OF the revised laws is hereb
amended SO as 10 READ a, follows:
No person, except hereinafter provided, shall /
admitted to, or 4eldntd insane asylum,
paient or inmate, except upon the certificate OF sue
person insanity, stating their reasons for adjud gin
such person Insane made by two ply scianS OF unque
toned integrity and skill residing in the probate d
trct in which such insane person resides or, if sue
insane person resident OF the state, in the prt
bate district in which the asylum situated if
insane person convict in the state prison or hou
OF correction such physicians may be residents of II
prooae district in which such place of confinement
situated. And the two physicians making such certii
cate shall not be members of the same firm and neht
shal De an oihcer OF an insane asylum IN TINS state
SEC. 2. The next friend relative OF persc
whose insanity is certified to above provided ma
appeal from the decision of the physicians cerityr
him 20 be insane 10 the supervisors OF the insane, whiC
appeal shall be noted on the certificate. The supc
vI5ors shall when such appeal is taken, forthwith e.
anime the case and if in their opinion there
sufficient ground for making such certificate, they sha
avoid the Certificate Otherwise they shall endorse the
approval upon it. Such examination by the supervise
shall be hal in the town where the appellant resides
SEC. j. When the next friend relative OF such
person takes an appeal as above provided he shall II
b. received in insane asylum while the appeal
pending before the supervisors. And trustee or 9th
or detans person in such asylum whose insanity
not attested by legal certificate which has not bee
appealed from by certificate duly approved by Il
supervisors appeal shall be imprisoned in the sta
prison not more than three years.
Ssr. 4 Idiots and persons costbot, who
dangerous, shall not be confined in an asylum for Il
insane. And if any such persons confined Il
supervisors of the insane shall them be di
charged.
Approved November as, 1882
No 49.--An act relating to persons acquitted or n
indicted because of their insanity.
II Is hereby enacted, etc:
SEC. A person confined under an order OF Il
court pur'uant TO sections I7os and 1903 OF the r
rised laws shall be discharged from confinement on
BY order OF the county for the county in wht
the order for confinement was made, upon petite
therefor which petition shall be returnable to stat
term of such cour and shall be served upon the
attorney for that county twelve days more beto
the beginning OF the term.
SEC. !. In case such person is confined in the /
sane asylum at Brattleboro and has no estate, SUI
petition may be brought in his behalf by the supe
vls}r3 OF the insane at the expense of the state,
which case recognzance for shall be require
SEC. j. If it appears 10 such court that such pers
Is from poverty unable to procure the attendance
witnesses in his behalf, such court may order
OF such witnesses to be subpGnaed by the state ,
torney at the expense Of the state, is judged
sary to secure to the petitioner an impartial nearing
SEC. a. Such court may issue order which 81
be directed TO and executed by any sheriff constat
In the state, commanding such officer to bring su
executing such order shall deliver an attssted col
thereof to the custodian OF such person who sh
thereuPon deliver such person into the custody OF SUI
officer
SEC. s. II upon hearing it appears to the court tn
such person has become and the discharge
going Al large OF such person is not considered by
court dangerous to the community, the court sh
order the discharge OF such person from confinement
otherwise the petition shall be dismissed and such DC
son, if before the court, shall be recommitted TO
place Of confinement from which he was brought
SEC. 6. If upon hearing it appears that such pers
has sufficient estate the court may, in its discretio
upon dsmsiing such petition, award costs agar
s4:h estate and issue execution therefor,
SEC. T. When person acquitted Of any crime
ofense because of his insanity is confined by order
the court. such court may thereafter alter the terms
which such person is confined upon petition therei
returnabe to stated term of such court and serv
upo the states attorney for the county in which t
order made twelve days before the b
SIC. s. III o! witnesses produced by a stat
attorney In Pr ays under this act shall be paid
,ae manner pfo'e1 Tor the payment of witnesses If
SEC O. This act shall take cH-ct from its passa,
but shall not effect the right 0. &c son named in s.
lion one 10 sue out writ of haDcas corpus to obi:
hisli5erty
Approved November az, 1881.
No. s,-An act to amend section 3674 Ct the revIs
laws, relating TO cemetery associations.
il Is hereby enacted, ETC.:
SEC l. Section 3674, chapter 164 of the revised la
Is hereby amended as to read follows;
Cemetery asso :iatlons organized under gene
law or by special charter may purchase take by s
and hold and use or sell personal property amou
not exceeding ten thousand dollars promote the c
jects Of the association They may also take and he
In trust grants, gifts or requests of money otf
property, and apply the same the income thereof
emoelsaing keeping in repair such lots in said cen
terry as the donor SgnateS; for the improvement
establishment of the burial grounds, part there
or Tor the erection, preservation removal of
ment fence, or erection in around the accor
ing to the terms OF the grant, gift bequest. Su
moneys and property, unless otherwise directed by
terms OF the grant, gift bequest shall be in char
aud unier the direction Of such associations. and sh
be kept separate from other moneys proper
belonging to such associations, and the money shall
invested in mortgages of real estate public
ties and income of such funds or property shall
used by such association as best promote the pl
poses Tor which the grants, gifts, or requests we
made
sac. This act Snail axe effect from its passage
Approved November y, I33s.
No. s,.-An act relating 10 burial grounds
il is hereby enacted, etc:
Sac L. When lots or walks in a public bur
ground whichis under the control Of the selectmen
any town become from neglect dishgured with we,
or by unchecked growth of grass, when headsto
OF monuments have become displaced, when s.
grounds have become unsghtly from any other eau
and there is no person residing in the town
vicinity whose duty 1t would naturally be TO
sucn lots or walks who is of sufficient so to
the selectmen shall written request Of any tn
taxpayers of such town, and within ten days from
time Of sucl request cause such lots and walks to
cleared Of weeds or the grass thereon TO be cut,