Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-07-12
CHAPTER l.l@.
Pae-od Mav "A t9QQ

gent INSANE.
II is enacted BY the General Assembly as fol-
lows;
SECTION I. Whenever complaint IN writing
and under oath shall be made to any justice OF
clerk OF district court. that any person with
In the county Is insane so As 20 be dangerous 70
the peace or safety OF the people Of the state OF
90 a. do render his restraint and treatment
necessary for his own welfare. such justice OF
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 TO 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 n
shall be named In the warrant. And
whenever such complaint shall be accom-.
panied by a certificate signed by two
practicing physicians In this state, which shall
declare that said alleged insane person Is an In.
valid OF that his condition. mental or physical
is such that he can not without serious preju.
dice 20 his welfare be examined In open court
district courts are hereby empowered and di.
rected 20 hold such examinations at such times
and places within their districts as shall be
most conducive TO the health and comfort Oh
the person TO be examined naming the plac.
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.
SRo 2. II the court on suoh examination
shall adjudge such complaint to be true. II
shall, unless some provision for the adequate
restraint and treatment OF such person salts
factory TO said court. shall be made, commit
such person by warrant under its hand and
seal to the Butler Hospital for the insane, on
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 20 be no longer under the
cessity OF restraint or until provision az afore-
said, satisfactory 20 said court Of the district
In which he is confined, shall be made before
IL, 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 10 soundness of mind,
or his detention In said Butler Hospital 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, ard
at the request of the trustees Of the Butler
Hospital for the insane. he shall, cause anv
person commit. cd TO said Butler Hospital I'M
der the provisions OF this section, wholly or in
part supported by the state, to be transferred
TO 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 10 have
home or settlement In another state, Ii shall be
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. Q. 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 such per.
son 10 the Butler Hospital for the insane rs
though said hospital were within his precinct
SEC 4. The cost Of apprehending. examin-
ing, committing and OBTAINING such lunatic oi
mad person shall he paid by such person IL 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 Il
admitted by such town, or ascertained by prop
er proceeding, shall be paid by the state.
SEC. 8. Whenever any person or town
chargeable with the costs and expenses of ap.
pretending, committing and OBTAINING OF
keeping any such lunatic or mad person. shall
neglect TO pay the same, OF either or any part
thereof, II shall be the duty of the agent OF
state charities and corrections TO give notice of
such neglect TO the attorne general, who
shall, In the name and 1T 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 30 ncglecting, for
the recovery of such costs and expenses, OF
either of the same, and prosecute the same t.
a final judgment and execution.
SEC. 8. On petition under oath setting forth
that any person Is ins ane and that the welfare
of such person or of others requires him TO he
placed In a hospital for the insane or TO be re.
strained. any justice of the supreme court may
forthwith appoint not less than inree commits
tioners to inquire into the condition OF the sub.
Iect of such petition and TO report all facts
connected with or bearing upon the same, to.
tether with their opinion whether such per-
BON, IL insane, should be placed In such hospi-
sal or the state asylum for the insane, either
ior cure or re. -aint.
SEC. 7. Bef, said commissioners shall pro-
ceed with their nquisition, they shall b sworn
by the justice t9 the faithful and impar al cx.
ecution Of th"ir duties, and shall s:re enc no
tice TO the pcr,on complained Of as Insane, ol
their appointn ent and of he time and face of
hearing. In on n that hc may have az oprur.
tunity by evidence by his own statements. rnd
by counsel, to defend himself against the
charge Of said petitions; and said cominis sioi-
ers may issue summons TO ana 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 "a
examine the subject of the petition himself;
Provided, further, that In all cases whenever a
person Is apprehenled and hold for exafnina-
ton upon the question of his or her sanity be-
fore any court or commission authorized by
this act tn hear such question, and 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 nee
essary for that purpose. and such counsel and
witnesses shall be paid by the state.
SEC. 3. Such justice may, IL need be, upon
the presentment 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 10 the Butler Hospital
for the insane, or the state asylum for the In
zane II he can be there received, or other public
place for detention. as will be most convenient
and proper, pending the inquistion. In order
70 insure that such persons shall be present TO
be examined by the commissioners, and to abide
the final order Of suoh justice upon said In
QUESTION.
SEC o. Upon the coming In of the report of
said commissioners. such justice may, with or
without further hearing, confirm or disallow
the same. and may order the person complained
Of TO be confined In the Butler Hospital for the
insane, or at the state asylinn for the insane
II he can be there received. vor In some other
curative hospital for the insane, Of good repute.
within tse state, or may dismiss the petition
altogether. within or without the state, or may
dismiss the petition altogether.
SEC. 10. Any person committed TO any OF
such institutions, under the provisions OF the