The Providence news. (Providence [R.I.]) 1891-1906, 1893-07-06
PUBLIC LAWS OF RHODE ISLAND.
Passed ct the january Session. lsoa

CHAPTER l.1oo.
Passed May %. lso8)
Am ACr for the Restraint and Care OF the In
sane and for Public Provision for the Indi-
gent Insane.
II is enacted by the General Assembly as fol-
lows:
sEcrIosl. Whenever complaint In writing
and under oath shall be made TO any justice or
clerk Of district court that any person with
In the county Is insane SO as to be dangerous TO
the peace or safety of the people of the state or
% as do render his restraint and treatment
necessary for his own welfare. such justice or
clerk shall issue his warrant under his hand
and seal. returnable forthwith, directed TO the
sheriff, deputy sheriffs, chiefs of police, town
sergeants or constables In said county reQuir-
ing the officer charged Herewith 10 apprehend
such person and have him with such warrant
before such or some other district court for ex-
animation relative to such complaint at such
time and place within the district rs
shall be named In the warrant. And
whenever such complaint shall be accom-
panied by certificate signed by two
practcing ply ysicians I'm this state, which shall
declare that said alleged insane person is an in
valid or that his condition. mental or physical.
Is such that he can not without serious preju-
dice to his welfare be examined IN open court,
district courts are hereby empowered and di-
rected TO hold such examinations at such times
and places within their districts as shall be
the person TO be examined. naming the place
of examination In each mittimus of commit
ment, IL such shall be made, but when an ex-
animation Is made at any other place than in
open court such justice shall not commit such
person TO an asylum without having the testi-
mony of two practicing physicians of good
standing that such person Is so insane, or In
need of restraint.
SEC. 2. II the court such examination
shall adjudge such complaint TO be true, IL
shall, unless some provision for the adequate
restraint and treatment Of such person satis-
factory TO said court, shall be made commit
such person by warrant under its hand and
sea, to the Butler Hospital for the insane, or
TO the state asylum for the insane, there
TO be detained until in the Judgment of the
district court of the district in which he may
be detained, he shall upon inspection and ex-
animation be- declared 10 be restored to sound
ness Of mind, or to be no longer under the ne
cessity Of restraint, until provision a. afore-
said, satisfactory to said court of the district
In which he is confined, shall be made before
II. or until. in the judgment Of the superin-
tendent Of the Butler Hospital for the insane,
or of the board of state charities and correc-
tions, he shall he restored to spundness Of mind,
or his detention In said Butler Hospital or In said
state asylum shall be no longer necessary for
his own welfare or for the safety Of the public.
And IL shall be lawful for the agents Of state
charities and corrections at any time to, and
ut the request of the trustees of the Butler
Hospital for the insane, he shall, cause any
person committed to said Butler Hospital un-
der the provisions of this section, wholly or In
part supported by the state. to be transferred
10 said state asylum for the insane, there to
be detained in the same manner as II he had
been originally committed TO said state asylum
under the provisions of this section: and In
case any pauper committed under the pro-
visions of this section shall be found to have
-. L.. ..sL 49, -I-n -
lawful for the agent of state charities and cor
rections to remove such pauper to the place
where he has such home or settlement.
SEC. g. The court SHALL In its warrant of
commitment. state the town In which such
lunatic or mad person was arrested; and the
officer charged with the execution thereof
shall have the same power TO commit Sch per-
son TO the Butler Hospital for the insane as
though said he irital were within his precinct.
SEC. L. The cost Of apprehending, examin-
Ing, committing and OBTAINING such lunatic or
mad person shall be paid by such person II he
have any estate: otherwise, In the first In
stance, and until the liability Of some town In
the state for the maintenance Of such person is
admitted by such town, or ascertained BY prop
or proceeding, shall be paid by the state.
SEC. 5. Whenever any person op town
chargeable with the costs and expenses Of ap-
pretending. committing and OBTAINING or
keeping any such lunatic or mad person, shall
neglect to pay the same, or either or any part
thereof, IL shall be the duty of the agent of
state charities and corrections to give notice of
such neglect to the attorney general, who
shall, in the name and at the expense of the
state, commence an action Of the case In behalf
and for the benefit Of all persons interested,
against the person or town neglecting, for
the recovery Of such costs and expenses. or
either of the same, and prosecute the same to
. final Judgment and execution.
SEC g. On petitiOn under oath setting forth
that any person Is insane and that the welfare
of such person or of others requires him to be
placed in hospital for the insane or to be re-
strained, any justice Of the supreme court may
forthwith appoint not less than three commits
sioners to inquire into the condition of the sub
ject Of such petition and to report sll facts
connected with or bearing upon the same, to-
gethcr with their opinion whether such per-
son, IL insane, should be placed in such hospi-
tal or the state asylum for the insane, either
for cure or restraint.
SEC. Z. Before said commissioners shall pro-
ceed with their inquisition, they shall be sworn
by the justice to the faithful and impartial ex-
ecution Of their duties, and shall give due no
tice to tho person complained of as insane, of
their appointment and Of the time and place Of
hearing In order that he may have an oppor-
tunity by evidence by his own statements, and
by counsel. 10 defend himself against the
charge Of said petition; and said commission
ers may Issue summons to and compel the at
tendance of and swear witnesses; and shall
hear all evidence offered to them on either side
touching the merits Of the petition, rs well as
examine the subject Of the petition himself
Provided, further, that In all cases whenever q
person ie apprehended and held for examina-
ton upon the question of his or her sanity be-
fore any court or commission authorized by
this act TO hear such question, ard such person
is by reason of poverty unable to employ coun-
sci and summon witnesses to defend himself or
herself against such charge, the court or COM
mission before whom any such hearing shall
be had, shall forthwith upon the apprehension
Of such person appoint competent counsel to
make the defence provided for in this section
and summon all such witnesses as may be nec-
essary for that purpose. and such counsel and
witnesses shall be paid by the state.
SEC. 8. Such justice may, IL need be, upon
the prcsentment to him of such petition, or
afterwards, as occasion may require, issue
warrant, under his hand and seal. for the ap-
prehension OF the person complained Of, and
may order him to be detained In the custody of
the officer to whom the warrant shall be direct
ed, or to be committed to the Butler Hospital
for the insane, or the state asylum for the in
sane IL he can be there received, or other public
f.w l.. fov.t