duty to inform the Governor in writing of the charge per week prescribed. If, in the opinion and discretion of the Governor, the rate so fixed at such meeting shall be deemed adequate, he shall approve it in writing; if not he shall within ten days after the receipt of such communication, call another joint meeting of said boards for the purpose of fixing such a rate as shall be approved by the Governor. When the resolution fixing the rate of maintenance shall be finally approved by the Governor, it shall be filed in the office of the Secretary of State, and a certified copy of such resolution shall be evidence in all courts and places of the rate of maintenance for all patients confined in said home. The members of the Board of State Auditors shall be allowed their actual expenses incurred while attending said meetings. At the close of each quarter the medical superintendent, duty. tendent shall certify to the Auditor General the name, age and residence of all public patients admitted or discharged during the quarter. Expenses allowed. Superin Who may Proviso. SEC. 28. The prevailing party in proceedings under this recover costs. act may in the discretion of the court recover the costs of such proceedings against the other party thereto: Provided, That no costs shall be awarded against the State in the case of the commitment of private patients. An execution for the collection thereof may be issued which shall be in the form as near as may be of a circuit court execution, and shall be enforced in the same manner. If costs are recovered against a person adjudged to be feeble-minded or epileptic, his guardian may be ordered to pay them out of his estate. Costs, what to The costs shall include the medical examiners' fees, jury fees, the expense of taking the feeble-minded and epileptic person to the home, necessary clothing and all other fees and disbursements in the case except attorney fees. The expense of removing all public patients from the home shall be advanced by the home and shall be included in its quarterly bills and paid by the State. include. Patients, care of, en route. Penalty for violation. SEC. 29. All officers sending a patient to the home shall, before sending him, see that he is in a state of bodily cleanliness and comfortably clothed as prescribed in the by-laws of the home. Each female admitted to the home shall be accompanied by a female attendant of reputable character and mature age to be designated by the court unless accompanied by her father, brother, husband or son. Any person or officer who shall bring a female patient to the home in violation of the provisions of this section, or who shall, under the provisions of law or otherwise, bring or accompany any patient to the home, and not in due time deliver such patient into the lawful care and custody of the proper officer of the home, taking his receipt therefor if he be admitted, or who shall wilfully leave, abandon, neglect or abuse such patient, either in going to or returning from the home, shall be deemed guilty of a misdemeanor. ent, report of, state. SEC. 30. The medical superintendent of the home shall Medical immediately upon the taking effect of this act report to the superintendAuditor General the names of all persons confined in the what to home, together with the date of commitment, the county from which commitment was made, the names and addresses of the patient's relatives or guardian, as the case may be, and shall state what amount, if any, has been contributed toward the support and maintenance of such patient at the home and by whom such amount was contributed. The medical superintendent of the home shall report quarterly to the secretary of the Board of Corrections and Charities and to the Auditor General the names and ages, the date and circumstances attending the admission, discharge, removal, escape or death of all public patients. The Board of Corrections and Charities shall provide for the careful registry by its secretary of all facts communicated in compliance with this section. served. SEC. 31. Any citation, order or process required by law Citation, to be served on an inmate of the home shall be served only etc., by whom by the medical superintendent or by some one designated in writing by him. Return thereof to the court from which the same issued may be made by the person making such service, and such service and return shall have the same force and effect as if it had been made by the sheriff of the county. SEC. 32. No public or private patient in said home shall Contract, etc. be allowed to execute any contract, deed, will or other in- when may be strument unless such execution shall have first been allowed and approved by an order to be entered of record by the court admitting him to said home, and a certified copy of such order shall be furnished to the medical superintendent at the time of the execution of such contract, deed or instrument. Such order of the probate court shall be prima facie evidence only of the capacity of such patient to make such instrument. executed. to state SEC. 33. Any will or conveyance by which any real or Certain personal estate may be directed to be sold or converted into conveyances money and the proceeds paid over to this State or the treas declared urer thereof, in trust for any feeble-minded or epileptic person, and any will bequeathing or deed conveying any money to this State or the people thereof, in trust for any feebleminded or epileptic person, is hereby declared to be legal and valid as to such trust, and the trust so reposed and declared shall be accepted subject to the conditions, restrictions and limitations contained in this act. No trust shall be accepted under this act unless the moneys so bequeathed or the proceeds of sale of real or personal estate so devised, bequeathed or conveyed shall amount to at least one hundred dollars. SEC. 34. It shall be the duty of any officer with whom Officer filing any will containing such devise or bequest shall be filed, will, deed, etc.: after being informed of the death of the testator, and of any to give notice. Duty of executor relative to moneys. Board of control, duties of, relative to trust. officer to whom any will containing any such devise or bequest shall be presented for probate, immediately thereafter to notify the State Treasurer and the Attorney General of such filing or presentation; and it shall be the duty of the Attorney General upon being so notified, or upon being otherwise informed of the execution of any such will and of the death of the testator, to institute and carry on all necessary suits and proceedings to secure the payment into the State treasury of all moneys which under this act and in pursuance of such trust may be received by the State Treasurer. SEC. 35. It shall be the duty of the executor of such will or administrator with the will annexed to pay to the State Treasurer all moneys which may be payable to the State or the people thereof as trustee for any such trust, and the said moneys when so received by the State Treasurer shall be placed by him to the credit of the fund to be known as the (naming the feeble-minded or epileptic person) "feebleminded trust fund," and the interest on the same shall be computed annually at the rate of three per cent, and such interest and trust fund shall be paid out for the benefit of the persons for whom such trust fund may be credited and as provided by this act. SEC. 36. The board of control of the home shall have charge of all persons for whose benefit any such trust shall be created, and of all expenditures payable by such interest or feeble-minded trust fund. Any patient confined in the home while the said interest and trust fund shall be sufficient for that purpose shall be furnished with clothing, lodging, board, medicines, medical and other attendance, care, comforts and conveniences as are usually and in accordance with the rules of the home allowed to other patients whose support shall be paid for by private persons and at the same Expenditures. rate of charges. Said board shall, so far as it may be possible but within its reasonable discretion, regulate the expenditures on behalf of such feeble-minded or epileptic person so that the same may be defrayed from the interest authorized to be paid on the principal of the fund so created for his benefit. If the interest shall be insufficient such expenditures may be made from the principal of the fund; and if any sum be received from any other source for the support and care of such person, the money so received shall be first used for the payment of such expenditures in preference to money drawn from such interest or trust fund. Should any such feeble-minded or epileptic person be removed from the home by his legal custodian or guardian, not having been discharged as cured, such expenditure on his behalf shall cease, and such interest or trust fund shall remain unappropriated until such person shall be returned to the home, or the same shall be paid out as hereinafter provided by this act. If any feeble-minded or epileptic person for whose benefit any such trust shall be created, shall be confined or kept in any other Removal. place than the Michigan Home for the Feeble-Minded and Epileptic, the board of control of the Michigan Home for the Feeble-Minded and Epileptic shall upon notice of such trust from the State Treasurer, cause such person to be removed to the home, and shall there provide for the support of such person as hereinbefore provided. cured, or SEC. 37. If any feeble-minded or epileptic person for when whose benefit any such trust shall have been created, shall patient have become cured and free from liability to a return of his shall die. malady, or shall die, the board of control of the home shall certify to the Auditor General and State Treasurer that such person has become cured and is no longer in need of support from such home, or is dead, and the State Treasurer, upon the warrant of the Auditor General, shall pay to such person or persons as may be entitled thereto under the will or conveyance by which such fund was created, the balance, if any, of the principal and interest standing to the credit of such feeble-minded or epileptic person. If such will or convey Fund, disance shall not provide for or make any disposition of such position of. fund in such cases, then such money shall be paid to the person for whose benefit such fund has been created if he is living and cured, and if he be dead then to his legal representatives; but if, because of a liability to a return of his malady, the board of control and medical superintendent shall not deem it prudent that the State relinquish custody and control of the trust fund created for the benefit of any such feeble-minded or epileptic person, the board of control and medical superintendent in their discretion may authorize the use of the interest and a necessary portion of the principal of said fund for the benefit of such person though not an inmate of the home. notify on moneys. SEC. 38. Immediately upon receipt of moneys into the Who state State treasury under this act, the State Treasurer shall treasurer to notify the Auditor General and the board of control of the receipt of home the amount thereof and the name of the person for whose benefit the fund has been created, and all payment from the treasury under this act shall be on the warrant of the Auditor General upon vouchers duly approved and tiled with the Auditor General by the board of control, the same as other moneys drawn from the treasury by the board of control for the home. SEC. 39. Any person aggrieved by any order, sentence, Appeals from decree or denial of the probate court, may appeal therefrom probate court. to the circuit court for the same county. Such appeal shall be taken within the same time and in the same manner and the same proceedings shall be had thereon, except as herein otherwise mentioned, as is provided in sections six hundred sixty-nine to six hundred seventy-three, inclusive, of the Compiled Laws of eighteen hundred ninety-seven. If the alleged Notice of apfeeble-minded or epileptic person is an appellee, the notice peal, service of the appeal shall be served on him and on the person hay of. Bond. Right of action, who to have. Not to affect present officers. Expense of how, and to whom, paid. ing him in charge or his guardian ad litem. The bond to be given on such appeal shall run to the judge of probate of the county for the use and benefit of any person who shall be injured by the allowance of such appeal, in such penalty and with such surety or sureties as the probate court may ap prove, and it shall be conditioned for the diligent prosecution of such appeal, and the payment of all such damages and costs as shall be awarded to any person on account of the allowance of such appeal in case the person appealing shall fail to obtain a reversal of the decision appealed from. Any person injured by the allowance of such appeal shall have a right of action upon such bond in case the decision so appealed from is not reversed. Proceedings under an order of admission shall not be stayed pending an appeal therefrom, except upon the special order of the probate court, which may revoke or modify said special order at any time. The court may also, during the pendency of said appeal, make such order for the temporary care or confinement of the alleged feeble-minded or epileptic person as he may deem necessary. SEC. 40. Nothing in this act shall be construed to affect the tenure of office of any of the present officers of the Michigan Home for the Feeble-Minded and Epileptic. SEC. 41. The expense of maintenance of public patients maintenance, shall be paid to the Michigan Home for the Feeble-Minded and Epileptic upon the warrant of the Auditor General in accordance with the general accounting laws of this State. The county from which each public patient was committed shall be liable to the State for the first year's maintenance of such patient at the home. When transferred. SEC. 42. When any patient shall become insane while patient to be confined in said home and the medical superintendent shall certify in writing that such patient is insane and is not a fit subject for care and maintenance at said home, such patient shall forthwith be transferred to the asylum of the district from which such patient was committed, and the expense of such transfer shall be audited and paid by the Board of State Auditors upon properly attested, itemized vouchers, approved by the medical superintendent. Such transfer shall not affect the liability upon any bond for private support or any order for reimbursement for public support, but all such bonds and orders for reimbursement shall be liable and in full force for the cost of maintenance at the asylum to which such patient is transferred. Acts repealed. SEC. 43. All acts or parts of acts in any way contraven- |