136 Mass. 489 | Mass. | 1884
• This action is brought, by the treasurer of the Commonwealth, under the St. of 1862, c. 223, §§ 10, 11, to recover the expenses paid by the Commonwealth for the support of one Spakeman in the Taunton Lunatic Hospital. Spakeman was indicted for murder, and upon his trial was acquitted by reason of insanity. Thereupon, on October 18, 1877, he was, by order of the court, committed to the Taunton Lunatic Hospital for his life, according to the provisions of the St. of 1873, c. 227. At the time of his commitment he was not, and he has not at any timé since been, an insane person or a lunatic. His settlement was not then known, but it has since been ascertained that it was then, and has since continued to be, in the defendant town. The question whether the St. of 1862 applies to a case like this, is not free from difficulty; but, upon the whole, we are of opinion that it does not. This statute was intended as a general revision of the laws in reference to lunatic hospitals. In the provisions as to the expenses, the scheme of the statute is
The practical effect of the St. of 1873 is to provide that, in case of an indictment for homicide, the insanity of the defendant is not a defence which entitles him to an unconditional acquittal, but that he shall be detained in confinement until it appears to the Governor and Council that he may be discharged and set at large without danger to others. He is not committed to the hospital for the purposes of treatment as a lunatic. He is not held there as other inmates are held; he cannot be discharged, as others can be, by the trustees, or by a court upon proof that he is not insane, or, if insane, can be sufficiently provided for by himself or his friends, or the town of his settlement. Pub. Sts. c. 87, § 40. He is confined in the hospital as a place of detention, because his being at large would be dangerous to the peace and safety of the community. It has never been the policy of
The Legislature of 1862, knowing that none but insane persons could be committed to the hospitals, in making provisions for the support of the inmates naturally used language which includes only lunatic inmates.
The Legislature of 1873 passed a law by which sane persons might be committed to such hospitals, and made no provision as to their support. What its intention was as to the support of such persons is a matter of vague and uncertain inference; it does not so clearly appear that we can declare it was to impose upon the towns and cities the great burden of supporting sane persons committed for their natural lives as a penalty for a violation of the laws.
We are therefore of opinion that, under the St. of 1862, the defendant town is not liable for the support of Spakeman in the Lunatic Hospital; and it is not necessary to discuss the other questions argued by counsel.
Judgment for the defendant.