Social Welfare Laws — of— Connecticut Revised Through 1943 Social Welfare Laws — of— Connecticut Revised Through 1943 Printed under authority of Section 142, General Statutes of Connec- ticut, Revision of 1930, as amended by Section 45e, Supplement of 1939. FRED R. ZELLER, State Comptroller. PUBLICATION APPROVED COMMISSIONER OF FINANCE AND CONTROL PREFACE New laws and amendments to existing statutes enacted by the 1943 General Assembly presented sufficient need for a revision of the 1941 compilation of the “Social Welfare Laws of Connecticut” to cause the Commissioner of Finance and Control to authorize this publication. The welfare laws which concern veterans have been included in this revision in order that all social agencies may have ready reference to benefits and services available to clients who are veterans or members of the families of veterans. Notwithstanding the profound effect the statutes concerning labor, education and finance exert upon the social welfare of the state, many of them have not been included in this compilation due to limitations of space. PUBLIC WELFARE COUNCIL William W. T. Squire, Secretary-Director. SOCIAL WELFARE LAWS OF CONNECTICUT ADMINISTRATION State and State-Aided Agencies Sec. 21 g. War Powers Of The Governor. The governor is author- ized and empowered to render to the government of the United States, to further the prosecution of the war, any assistance within the power of the state; and he is authorized and empowered, either to that end or for the purpose of providing for the public safety or for the public health, to organize and employ any and all resources within the state, whether, of men, properties or instrumentalities. It shall be the duty of every public official in the state to furnish to the governor such in- formation and assistance as he may require in the execution of this act. The governor is authorized and empowered to modify or suspend, in whole or in part, by order as hereinafter provided, any statute, reg- ulation or requirement or part thereof whenever in his opinion it shall be in conflict with efficient and expeditious participation in the war effort. The governor shall specify in such order the reason or reasons therefor and any statute, regulation or requirement or part thereof to be modified or suspended and the period, not exceeding six months unless sooner revoked, during which such order, modification or sus- pension shall be in force. Any such order shall have the full force and effect of law upon the filing of the full text thereof in the office of the secretary of the state. The Secretary of the state shall thereupon cause such order to be printed and published in full in at least one issue of a newspaper published in each county and having a general circulation therein, within four days after its issue, but failure to publish shall not impair the validity of such order. Any statute, reg- ulation or requirement inconsistent herewith shall be inoperative for the effective period of such order or suspension. Any such order shall be communicated by the governor forthwith to both houses of the general assembly if then in session. The powers herein conferred and the effect and validity of any order made hereunder and in force on February 1, 1944 shall expire on February 1, 1944. Effective February 18, 1943. 1943 Sec. 753g. Effective date of public acts. All public acts, except when otherwise therein specified, shall take effect on the first day of October following the session of the general assembly at which they are passed, and special acts, unless otherwise therein provided, from the date of their approval. Effective June 25, 1943. S. 6569 1943 Sec. 754g. Effective date of certain portions of public acts of 1943. So much of any portion of any of the public acts of 1943 as provides for any acts or procedure at any stated time prior to October 1, 1943, shall become effective at such specified time. Effective May 18, 1943. 1943 Sec. 166 as amended by Sec. 17e. Purchase or sale of land when the general assembly is not in session. The trustees of any state institution may, with the advice and consent of the governor, purchase 1927, C. 186 1930 1937, S. 19d 2 SOCIAL WELFARE LAWS OF CONNECTICUT or acquire for the state any land or interest therein when the general assembly shall not be in session, if such action shall seem advisable to protect the state’s interest or to effect a needed economy, and may, when the general assembly shall not be in session, with the advice and consent of the governor, contract for the sale of any land or in- terest therein belonging to the state. The governor, when the general assembly shall not be in session, may give or obtain an option upon any land or Interest therein which is not under the control of the trus- tees of any state institution when such action shall seem advisable, and such option shall remain in force until the first Wednesday of March of the next session of the general assembly. The treasurer shall execute and deliver any deed or instrument necessary to convey the title to any property the sale of which or a contract for the sale of which is authorized by this section. 1925, C. 244 Sec. 176. Care of property. The board of trustees of each state institution shall have the care, management and control of all property used in connection with such institution and shall have the power to make and alter, from time to time, all necessary rules and regulations for the maintenance of order on and the safety and use of any such property. Any person who shall trespass upon such property or who shall violate any of the rules and regulations of any such board of trus- tees concerning the use of such property shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.* 1925, C. 250 Sec. 177. Attendance of trustees or directors. The office of any trustee or director of any institution receiving state aid, appointed by the governor or the general assembly, who for a period of two suc- cessive years shall have failed to attend any of the meetings of the board of trustees or directors of which he is a member, shall be vacant, provided such trustee or director shall have had notice of each of such meetings; and, unless otherwise provided by statute, rule, regulation or by-law governing such board of trustees or directors, such board shall fill such vacancy. 1918, S. 177 1919, C. 289 Sec. 178. Fiscal year. The fiscal year for1 all departments of the state government shall end on the thirtieth day of June. A combination of provision; taken from numerous statutes. Sec. 184. Expenses paid by the state. Expenses incurred in the discharge of their official duties by directors of state institutions, mem- bers of state boards, commissioners, deputy commissioners and execu- tive heads of state departments and by their subordinates under their direction shall be paid by the state. Sec, 185. Inventory of state property. Each state department and state institution shall establish and keep an inventory account in the form prescribed by the comptroller, and shall, annually, on or before August first, transmit to him a detailed inventory, as of June thirtieth, of all property, real or personal, owned by the state and in custody of such department or institution. 1921, C. 250 1923,C 182 1921, C. 303 Sec. 187. Refund of moneys paid by mistake. The comptroller, upon application of any state department or commission and with the approval of the attorney general, may draw his order upon the treas- urer in favor of any person equitably entitled to the refund of any money paid by mistake to the state, for the amount of such refund. 1918, S. 1873 Sec. 188, Institutions with state aid; visitation. Each private in- stitution receiving, directly or by way of contract, any money from the state for purposes including the support or board of beneficiaries of the state, which shall refuse access to the proper board or official authorized by the state to visit, such institution, shall forfeit all un- paid moneys or appropriations which it would otherwise have been * See Sec. 84e, 86e and 89e. SOCIAL WELFARE LAWS OF CONNECTICUT 3 entitled to receive from the state. All contracts with any such private institution made by the state, or by any authority acting for the state, shall be made subject to the provisions of this section. Sec. 189 as amended by Sec. 90e and Sec. 21f. Appropriations to hospitals. All appropriations to hospitals by the general assembly shall be expended under the direction of the governor and of the man- agers of such institutions, respectively, for the support of charity patients, and so used as to benefit the state as application may be made from time to time, a report of which expenditures shall be made biennially to the general assembly; but no part of such appropriations shall be paid to any of such hospitals unless the same be in actual operation, unless the purpose for which an appropriation is to be ex- pended is for a building and is so specified in the act making such appropriation. No such hospital shall charge or receive more than eight dollars per week for the care of any patient when such expense is to be paid by the state, either directly or through the agency of any town therein, provided, if in any fiscal period the total of the ex- penses incurred by the state or properly chargeable to the state through the department of welfare, for the care of patients in such hospital, whether at said rate of eight dollars per week or at any other rate prescribed by statute, plus the annual appropriation from the gen- eral assembly to such hospital, shall not be sufficient to pay such hos- pital for such care at the rate of five dollars per day or its regular ward rate, which ever is less, for each such patient, such hospital shall be paid the deficiency by the state upon the certification of the comissioner of welfare within sixty days after the close of said fiscal period.* 1918, S. 1864 1930 1937, S. 90e 1941 Sec. 190. Hospital societies’ reports. All hospital societies receiv- ing aid from the state shall, in July of the even numbered years, make report for the two years ended on June thirtieth previous, and such report shall include an itemized statement of expenditures, with the name of each person receiving any salary or wages and the kind of service paid for, and the amount paid to each, and a statement of the different amounts paid for other separate purposes, and of the number of patients cared for, the average number for each year and the total number of weeks of care of all patients. 1918, S. 180 1919, C. 315 Sec. 191. Uniform system of accounting for hospitals receiving state aid. The uniform system of accounting recommended by the American Hospital Association shall be installed by all hospitals re- ceiving state aid. 1929, C. 277 Sec. 192. Inspection of hospital records. Each private hospital, public hospital society or corporation receiving state aid shall, upon the demand of any patient who has been treated in such hospital and after his discharge therefrom, permit such patient or his physician or duly authorized attorney to examine the hospital record, including the his- tory, bedside notes, charts, pictures and plates kept in connection with the treatment of such patient, and permit copies of such history, bed- side notes and charts to be made by such patient, his physician or duly authorized attorney. 1927, C. 291 S. 1 Sec. 193. Procedure where right to inspect records is denied. If any patient who has received treatment in any such hospital, after his discharge from such hospital, shall have made written application to such hospital, hospital society or corporation for permission to examine 1927, C. 291 S. 2, 3, 4 * See Sec. 91e. 92e and 93e. Sec. 90e. Counties held to be separate governmental divisions and not in classi fication set forth in this statute; money paid by a county cannot be said to' be withir the statutory provision of being paid by the state directly. 127 C. S3-i60. Sec. 189. Cited 127 C. 55. Sec. 190. Cited 92 C. 120. 4 SOCIAL WELFARE LAWS OP CONNECTICUT his record as such patient in such hospital and shall have been refused permission to examine or copy the same, such patient may file a writ- ten motion addressed to any judge of the superior court, praying for a disclosure of the contents of such hospital record relating to such patient and for a production of the same before such judge. Upon such application being filed, the judge to whom the same shall have been presented shall cause reasonable notice to be given to such hos- pital, hospital society or corporation of the time when and place where such petition will be heard, and such judge, after due hearing and no- tice, is authorized to order the officer authorized to act in the capacity of manager of such hospital to produce before him and deliver into his custody the history, beside notes, charts, pictures and plates of such patient for the purpose of being examined or copied by such patient, his physician or duly authorized attorney. Each officer of any hospi- tal having custody of the history, bedside notes, charts, pictures or plates of any patient therein, who shall refuse to produce such record before such judge, pursuant to the provisions of this section, shall be fined not more than one hundred dollars or imprisoned not more than six months or both. 1918, S. 178 1930 1937, S. 96d Sec. 194 as amended by Sec. 96e. Forms of reports to state officers. All reports or returns by any state or county officer, or by any super- intendent or other officer or board of any institution supported either wholly or in part by the state, including county temporary homes, which by law are required to be made to any state officer and to con- tain accounts of moneys received or expended, shall be filed, in dupli- cate, with the comptroller, and the comptroller shall prescribe the form and detail in which the financial and statistical portions of such reports or returns shall be made, and shall furnish blank forms there- for. Upon his approval of any such report or return with respect to such form and detail, the comptroller shall transmit one copy thereof to the officer of the state to whom such report or return is required by law to be made, and shall keep the other copy on file in his office for public inspection. The comptroller shall tabulate the cost of the main- tenance of the institutions mentioned in this section, and such tabula- tion shall remain on file in the office of the comptroller, for public in- spection. He may make special examination of any or all of such in- stitutions for the purpose of preparing such tabulations. The comp- troller, upon approval of the governor, shall draw his order on the treasurer for the amount of such expense as he shall find necessary, provided such sum shall not exceed five thousand dollars in any fiscal year. Effective June 16, 1937. 1918, S. 183 1919. C. 308 Sec. 195. Annual and biennial reports. All reports and returns which any public officer is required by law to make annually shall be for the fiscal year preceding, and all reports and returns which any such officer is required by law to make biennially shall be for the two fiscal years preceding; and all such reports and returns as are required to be made annually, except where it is otherwise provided, shall be made, returned and printed on or before the thirtieth day of September in the year in which they are required to be made. All such reports and returns as are required to be made biennially shall be made, re- turned and printed on or before the thirtieth day of September pre- ceding the next regular session of the general assembly. 1918. S. 179 1919, C. 254 Sec. 196. Reports to be made to the governor. All reports required to be made by state departments, institutions, commissions, boards or any other recipients of state money shall be made to the governor and by him transmitted to the general assembly; all such reports, except those of the insurance commissioner, the public utilities commission and the bank commissioner, shall be made to and including June thir- tieth, and shall be published on or before the thirtieth day of Sep- tember following. Sec. 196. Cited 92 C. 106, 120. SOCIAL WELFARE LAWS OF CONNECTICUT 5 Sec. 40c. Destruction of state records. With the permission of the attorney general, the comptroller, the treasurer, each commissioner and the head of each state department, commission or board are au- thorized, each at his discretion, to cause to be destroyed any records or flies in his custody or in the custody of such department, commission or board at any time after six years from the date thereof. 1933 Sec. 43c. Treatment of venereal diseases in hospitals receiving state aid. No hospital which receives appropriations made by the general assembly and which has facilities reasonably suitable for the treatment of venereal diseases shall refuse to admit for treatment any patient suffering from any such disease. 1935 Sec. 132 as amended by Sec. 34e. Distribution of reports of state officers. The secretary of the state shall transmit to the town clerk of each town, to each county law library, and to each public or cir- culating library the officers of which shall make written request for the same, one copy of all printed reports made to the governor or gen- eral assembly, bound in a convenient number of volumes, and to each public or circulating library the officers of which shall make written request for the same, one copy of the latest revision of the general statutes, which shall be kept in the office of such clerk, and in such library, for public use. He shall transmit to each such library re- questing it such of the aforesaid reports wrhich have been hitherto pub- lished as he can obtain. 1918, S. 148 1930 1937, S. 34d Sec. 93e. Funds from the federal government for new construction and for other purposes. The governor is designated, as administrative agent of the state, to apply for any funds or other aid for new construc- tion, reconstruction and equipment for state institutions, for the Uni- versity of Connecticut and for any other purpose which the congress of the United States has authorized or may authorize the federal govern- ment to grant to the several states. The governor, or any other officer of the state who may be designated in any act passed by the congress of the United States, is authorized, in the name of the state, to make all applications and sign all documents w7hich may be necessary to ob- tain such aid from the United States or any agency thereof. The state treasurer is directed to receive all funds granted by the United States, or by any agency thereof, and to hold the same separate from all other funds of the state. Such funds shall be disbursed by said treasurer, upon voucher of the comptroller, under the direction of, and subject to rules and regulations of, the governor. 1937, S. 93d Sec. 94e. Hours of labor of employees in state institutions. Ex- cept in case of an unavoidable emergency, no employee in any state institution, except those employed in a professional capacity, shall wmrk more than fifty-four hours in any week. 1937, S. 94d Sec. 50g. Institutional activity funds; definition. As used in this act, “activity fund” shall mean any fund, except that covered by section 761e of the 1939 supplement to the general statutes, operated in any state educational, welfare, medical or correctional institution for the benefit of the employees, inmates or students of such institutions, including so-called patients’ funds in state hospitals, the revenue of which is derived from the operation of canteens, vending machines, dramatics, recitals, student fees, membership fees, deposits or any other legal source compatible with the good government of such in- stitutions. Effective May 10, 1943. 1943 Sec. 51g. Establishment of funds. The administrative head of any institution operated by any state agency, board, department or com- mission may, with the approval of the comptroller and under such regulations as the commissioner of finance and control may prescribe, establish one or more activity funds. The governor may allot from 1943 6 SOCIAL WELFARE LAWS OF CONNECTICUT the funds appropriated to any such institution any amount needed in his judgment for the establishment of any such activity fund, and said commissioner shall provide by regulation for the reimbursement of such appropriation. The use of such state facilities as space, fixtures, heat and light to obtain revenue from the foregoing sources is author- ized. That part of any state employee’s time which can be definitely allocated to services connected with such activities and the cost of bonding any such state employee shall be financed through such ac- tivity fund. At the end of each fiscal year any cash balance in such fund not needed for the maintenance and continuance of its activities may, with the approval of the commissioner of finance and control, be transferred to the “Inmates General Welfare Fund’’ of such institution if such a fund has been established and, if not, shall remain in such activity fund. Effective May 10, 1943. 1943 Sec. 52g. Management of funds. The management of such funds may be under the control of students, employees or inmates other than those adjudged mentally ill, but shall be under the supervision of the administrative head of the institution. The person acting as treasurer of any such fund shall be bonded in an amount determined by the com- missioner of finance and control. Effective May 10, 1943. 1943 Sec. 53g. Statement and audit of accounts of funds. The adminis- trative head of any institution operating an activity fund shall file, or cause to be filed, a balance sheet and statement of operations with the commissioner of finance and control at such times as said commis- sioner may order. A copy of such statements shall be filed with the auditors of public accounts, who shall, at least annually, audit the accounts of such activity funds. Effective May 10, 1943. 1943 Sec. 54g. Inmates general welfare funds. Unclaimed funds ac- cumulated from money deposited for the use of inmates in any state institution, and the interest on any such money, which funds are in the custody of the administrative head of such institution, shall be placed by him in a fund to be known as the “Inmates General Wel- fare Fund” and shall be used under such regulations as the commis- sioner of finance and control may presci’ibe, for the benefit of the in- mates of such institution in any manner which the governing board of such institution may deem suitable. Effective May 10, 1943. 1943 Sec. 55g. Report and audit of accounts of funds. The administra- tive head of any institution operating such a fund shall file a financial report with the commissioner of finance and control at such times as said commissioner may order. A copy of such statements shall be filed with the auditors of public accounts, who shall, at least annually, audit the accounts of such funds. Effective May 10, 1943. 1943 Sec. 56g. Unclaimed articles in custody of heads of institutions. Notwithstanding the provisions of chapter 275 of the general statutes, any unclaimed article of jewelry or any accumulation of such articles or valuables in the custody of the administrative head of any state in- stitution shall be retained by such administrative head for a period of three years, during which period he shall make every reasonable effort to return each such article to its owner. At the end of said period such administrative head may sell or otherwise dispose of such article with the approval of the governing board of such institution. Effective May 10, 1943. ] 943 Sec. 57g. Revenue from sale of unclaimed articles. Any revenue derived from the sale of any such articles shall be credited to the “In- mates General Welfare Fund” of the institution in which they were found, and, if from any institution not having such a fund, shall be paid to the state treasurer and credited to the general fund of the state. Effective May 10, 1943. SOCIAL WELFARE LAWS OP CONNECTICUT 7 Sec. 339 as amended by Sec. 84g. Birth certificates. Each phy- sician or midwife wno shall have professional charge of the mother at the birth of any child shall, within ten days after such birth, and the father or mother of such child, when no physician or midwife is employed or, in case of the inability of the attending physician or mid- wife, by reason of sickness, death or absence, to make out such cer- tificate, shall, within thirty days after such birth, furnish the registrar of the town in which such birth occurred a certificate signed by such physician, midwife, father or mother, stating, from the best information available, the name, if such child have a name, the place and date of birth, the sex, the name of the father, except as herein provided, the maiden name of the mother, the age, color, residence and birthplace of each of the parents, the occupation of the father, the number of the child and the name and address of the medical attendant. The certificate prescribed by this section shall include such additional in- formation as the state department of health may require. No certifi- cate of birth shall contain any specific statement or reference to illegitimacy of the child, or that the child was born in or out of wed- lock, or to the marital status of the mother. The name of the putative father of an illegitimate child or of a child born out of wedlock shall not be entered in or upon the birth certificate or birth record of such child without the written consent of the putative father. No person, except the person whose birth is recorded if over twenty-one years of age, or his parent or guardian if a minor, shall have any access to or be permitted to examine the original or any copy of the birth certifi- cate or birth record, of any person, nor shall he disclose any matters contained therein or any information concerning such birth, which original, copy or information is in the custody of any registrar of vital statistics or of the state department of health nor shall he be entitled to any copy of any such certificate, record or information, except up- on written order of a court of competent jurisdiction or upon written request of a state department or the federal government when ap- proved by the department of health. The registrar of vital statistics where the birth occurred or the state department of health shall issue upon request of any person a certification of birth registration which shall contain only the name, sex, date of birth, place of birth and date of filing of the certificate of birth of the person to whom it relates. Such registrar may issue certificates of birth registration containing additional information required for genealogical purposes upon ap- plication found by him to be made in good faith for such purpose. A certified copy of a birth certificate shall be issued by the registrar of vital statistics where the birth occurred, only upon order of a court of competent jurisdiction, or upon written request by a state depart- ment or the federal government when approved by the state depart- ment of health, or upon written request by the person whose birth is recorded if of age, or by a parent or other lawful representative of such person. Any copy of the record of a birth or any certificate of registration of birth or any certification of birth, when properly cer- tified by the local registrar or the state department of health, shall be prima facie evidence of the facts therein stated in all courts and places and in all actions, proceedings or applications, judicial, administrative or otherwise, and any such certificate of registration of birth or any such certification of birth shall be accepted with the same force and effect with respect to the facts therein stated as the original cer- tificate of birth. The fee for a certified copy of the record of a birth or of any certificate of registration of birth shall be one dollar and the fee for a certification of birth shall be fifty cents. The foregoing pro- visions relating to the payment of fees shall not apply to state depart- ments or to the federal government. 1918, S. 329 1919, C. 56 1930, S. 339 1933, S. 60c 1939, S. 1 He 1943 Sec. 85g. When no certificate is on file. Any adult or the guar- dian of the person of any minor, for whose birth no certificate is on file, may, with two other persons having knowledge of the facts, 1943 8 SOCIAL WELFARE LAWS OF CONNECTICUT make, under oath, an affidavit as to the matters required to be set forth in a birth certificate under the provisions of section 114e of the 1939 supplement to the general statutes and file the same in the office of the registrar of vital statistics in the town where such birth occurred. Such registrar shall thereupon prepare a birth certificate based upon the information contained in such affidavit and file the same with such affidavit in the same manner as any other birth certificate. If unable to furnish an affidavit satisfactory to the registrar of vital statistics of such town, such adult or guardian may apply to the court of pro- bate for the district where such birth occurred for an order requiring such registrar to prepare a certificate of birth of such adult or such minor containing the matters so required to be set forth. Such court shall, with or without notice and hearing, ascertain the facts as to the matters so required and issue an order directing such registrar to issue such a certificate based upon the facts set forth in such order. After issuing any such certificate, such registrar shall make a record of such birth, including in such record reference to such certificate and the affidavit or order of the court. The provisions of sections 334 and 2272 of the general statutes and section 116e of the 1939 supplement thereto shall apply to the acts of the registrar of vital statistics under this section. Effective July 8, 1943. 1943 Sec. 86g. Report of foundling children. The executive authority of any agency or institution having, on July 8, 1932, the temporary custody of any foundling child, or upon accepting such custody, shall, within ten days from the passage hereof or from such acceptance, report to the registrar of vital statistics of the town or city where such child was found, on forms supplied by the state department of health as follows: The date and place of finding, the sex, the color, the approximate age, the name and address of such agency or in- stitution and the name given to the foundling child. If a child for whom such a report has been registered is later identified and a cer- tificate of birth is found or obtained, it shall be substituted and the previous report shall be sealed and filed in a confidential file, and such seal may be broken and the record inspected only upon order of a court of competent jurisdiction. The certificate prescribed by this section shall include such additional information as the state depart- ment of health may require. The executive authority of such agency or institution shall pay a fee of fifty cents to the registrar of vital sta- tistics for recording each such report. Effective July 8, 1943. m3 Sec. 502g. Correction of birth records. The state department of health shall, upon receipt of satisfactory proof in writing and under oath that the natural parents of a person have intermarried since the birth of such person, or whenever satisfactory proof in writing and under oath is submitted to said department with a written request that certain errors not apparent upon the face of the certificate of birth be corrected, prepare a new certificate of birth containing, with the other information required, the names of the parents or the cor- rected matter, which new certificate shall be substituted for the old, and the old certificate shall be sealed and filed in a confidential file. Copies of such new certificate shall be transmitted to the registrar having a record of such birth, and, when a certified copy of the birth of such person is requested by an authorized person, it shall be a copy of the new certificate of birth as prepared by the department, except when an order from a court of competent jurisdiction shall require the issuance of a copy of the original certificate of birth. Effective June 25. 1943. 1933, S. A, 1939 Sec. 116e. Payment by the state of fees for records of vital sta- tistics at state institutions. The fees due registrars of vital statistics as provided in section 331 of the general statutes, for the making of records, copies and indorsements required by section 334 of the general SOCIAL WELFARE LAWS OF CONNECTICUT 9 statutes shall be paid by the state so far as they relate to vital statis- tics of inmates of any state institution. All bills for such fees shall be submitted by such registrars to the state comptroller on or before Jan- uary first of each year. If the registrar of vital statistics of any town or city shall receive a salary for the performance of his duties, the amount of fees due under the provisions of this act shall be paid by the state to such town or city. Sec. 2997. At public institutions. Any public institution of this state may erect and maintain a crematory for the incineration after death of the bodies of those connected with the institution officially or as inmates, and such others as may be deemed advisable. Such cre- matories shall be erected, maintained and conducted in accordance with the provisions of this chapter, and all cremations shall be made subject to the restrictions herein provided. No body shall be cre- mated in any such crematory if the body shall be claimed and removed, after notice, by friends or by the authorities of the town in which such person had a settlement; but any body may be cremated with the con- sent of such friends or such town authorities. 1918, S. 3049 See Secs. 2701,2702 Commissioner of Welfare, Humane and Reformatory Agencies and Institutions Sec. 1720 as amended by Sec. 564e. Commissioner of welfare. The governor, on or before May 1, 1939, and quadrennially thereafter, with the advice and consent of the general assembly, shall appoint a com- missioner of welfare to serve for four years from the first day of July next succeeding his appointment. Said commissioner shall be sworn to a faithful performance of his duties. He may delegate any of his powers and authority to any deputy, assistant, investigator or super- visor, who shall have, within the scope of the power and authority so delegated, all of the powers and authority of the commissioner. 1919, C.323, S. 5, C. 345, S. 1,3 1927, C. 14, S. 1,2,4 1930. S. 1720 1933, S. 670c 1937, S. 363d Sec. 692f. Overseer of Indians. The commissioner of welfare is authorized to act as overseer of all tribes of Indians residing in the state, and said commissioner shall annually settle his account of the affairs of each tribe with the comptroller, and his biennial report to the governor shall furnish, with respect to each tribe, a statement of the amount and condition of its fund, an estimate of the value of its lands and the income annually received and appropriated and expended by said commissioner for the benefit of such Indians, specifying the items furnished and received, and also the number and condition of such tribes. Said commissioner, as such overseer, shall have the gen- eral care and management of the property of any Indian residing upon a reservation owned or maintained by the state. Said commissioner shall cause the property of such Indians to be used for their best in- terest, and the rents, profits and income therefrom to be applied to their benefit. s. 5057 S. 5058, |- 1935 1941 Sec. 565e as amended by Sec. 368g. Delegation to municipal wel- fare departments, (a) The commissioner of welfare may delegate his powers and duties relating to the administration of public assistance to the aged, the blind and dependent children to the director of public assistance in any town or city, when such town or city is maintaining a welfare department which, in the opinion of said commissioner, is capable of performing and will perform such duties in accordance with the standards therefore established by him. (b) Any town act- ing as an agent of the state under the provisions of subsection (a) shall be reimbursed by the state for a portion of the salary of any per- sons employed by such town on such work, provided the qualifications 1939 1943 10 SOCIAL WELFARE LAWS OF CONNECTICUT of such worker shall be approved by the commissioner of welfare. The amount of such reimbursement shall be determined in accordance with a formula established by said commissioner with the advice of the pub- lic welfare council, (c) Upon request from any town, in which the need for public assistance is not sufficient to require the full-time ser- vices of a social worker, said commissioner may provide it with the services of such a worker, and the town shall pay the cost of such ser- vices as determined by said commissioner. 1919, C. 345, S. 1.3 1930 1935 Sec. 1722 as amended by Sec. 672c. Administration of law con- cerning state paupers. The commissioner of welfare shall administer the law concerning state paupers. He shall collect from relatives any money due to the state for the support of those who are poor and un- able to support themselves as provided in section 1717 and for the support by the of persons confined in any institution maintained in whole or in part by the state as authorized by statute, and shall administer the provisions of chapter 99. 1921, C. 275 1930 1935 Sec. 1723 as amended by Sec. 673c. Refund for support of persons in state institutions. Claim for any sum due from the state as a re- fund for the support of any person in a state institution may be made by the person entitled thereto to the commissioner of welfare, in writ- ing, on forms furnished by said commissioner of welfare, who shall decide as to the amount due and, if satisfied that the claimant is en- titled to any refund, shall certify the amount due to the comptroller, who shall pay the same. 1927, C. 216 1930 1935 Sec. 1724 as amended by Sec. 673c. Sale of property of recipients of state aid. The commissioner of welfare is authorized to sell or otherwise dispose of any property in his custody, the value of which shall not exceed three hundred dollars, which belonged, at the time the same was taken into custody, to a person who had applied for or was receiving aid from the state. 1927, C. 217 1930 1935 Sec. 1725 as amended by Sec. 673c. Disclosure of property of a person receiving state aid. Any person who shall have in his posses- sion or control any property of any person applying for or receiving aid from the commissioner of welfare or who shall be Indebted to such applicant or recipient or shall have knowledge of any property belong- ing to him, and any officer who shall have control of the books and ac- counts of any corporation which has possession or control of any prop- erty belonging to any person applying for or receiving such aid or is indebted to him, shall, upon presentation by the commissioner of wel- fare or any person deputized by him, of a certificate, signed by him, stating that such applicant or recipient has applied for or is receiving aid from said commissioner of welfare, make full disclosure to said commissioner of welfare or such deputy, of any such property or in- debtedness. Such disclosure may be obtained in like manner of the property or indebtedness of any person liable for the support of any such applicant or recipient. See appendix (I). 1935 Sec. 674c. Powers and duties. The commissioner of welfare shall administer the laws concerning old age assistance, and all powers and duties conferred or Imposed upon the state agent of state agencies and institutions under the provisions of any statute, except as otherwise provided, are conferred and imposed upon, and shall be performed by the commissioner of welfare. 1937, S. 364d Sec. 566e. Reports to towns by the commissioner of welfare. The commissioner of welfare shall report quarterly to the selectmen of each town which is chargeable, in whole or in part, for the support of in- mates of state institutions, the names of such inmates and the sums due for their support. SOCIAL WELFARE LAWS OF CONNECTICUT 11 Sec. 567e. Federal appropriations for welfare purposes. The com- missioner of welfare is empowered to administer, with the advice of the public welfare council, any and all moneys appropriated or to be appropriated by the federal government to the state of Connecticut for purposes of public welfare. Said commissioner is empowered to co-operate with the federal government and the several states in the promotion of activities in the field of public welfare. 1937, S. 365(1 Sec. 387g. War disaster fund. The sum of one hundred thousand dollars is appropriated to establish a revolving fund, to be known as the “War Disaster Fund”, for the purpose of furnishing temporary as- sistance to any person in need thereof because of enemy attack or of action to meet such attack in co-operation with the federal govern- ment’s civilian war assistance program; said fund to be reimbursed by the federal government for any portion thereof expended under the provisions of this act. The commissioner of welfare shall administer said fund. Within six months after the termination of the war, the unexpended balance of said fund shall, upon order of the governor, be transferred to the general fund. Effective March 4, 1943. 1943 Sec. 1910 as amended by Sec. 600e. Deputy. Child Welfare. The commissioner of welfare shall appoint a deputy to be in charge of child welfare, who shall have had not less than five years’ experience in work involving the welfare of dependent and neglected children. 1921, C. 307, S. 2 1930, C. 98. S.1910 1935, S. 712c 1937, S. 386(1 Sec. 603e. Branch offices of the commissioner of welfare. The commissioner of welfare is authorized to establish branch offices at suitable places in the state, and the expense of leasing and maintaining the same shall be paid out of the appropriation for the office of the commissioner of welfare. 1937. S. 3S9d General Provisions Sec. 707c. Use of oleomargarine in humane and reformatory insti- tutions. No humane, charitable, reformatory or penal institution un- der state or county control, except the State Prison, the State Prison for Women, the Connecticut State Farm for Women, the Connecticut Reformatory and the county jails, shall use or furnish to its inmates any oleomargarine or imitation butter, as the same is defined in sec- tion 2444. 1931 Sec. 708c. Military records of parents of county or state wards. The board of managers of each county home and the commissioner of welfare shall keep a separate index showing the military service record of the parent or parents of children committed to such home or to the custody of said commissioner. 1933 Sec. 1896. Detention homes. Towns are authorized to provide or maintain detention homes for children of such persons accused of crime as in the opinion of the judge or prosecutor are in need of re- formative rather than punitive treatment. 1918, S. 1855 See Sec. 1859 Sec. 1897 as amended by Sec. 594e. Commitment papers. Uniform forms of commitment papers or mittimus shall be used by all authori- ties throughout the state in the commitment by them of minors to county homes or humane or reformatory institutions. Such forms shall be prepared by the attorney general, printed at the expense of the state and furnished by the commissioner of welfare. In such forms, there shall be stated the following particulars in regard to the minor committed thereby: Name, age or date of birth as exactly as can be determined, and the town or city and state in which born; name, nationality and religious preference of the parents so far as known. 1918, S. 1777, 1877 1921, C. 356, S. 8 1930 1937, S. 382d 12 SOCIAL WELFARE LAWS OF CONNECTICUT The age thus ascertained shall be taken as the true age ot such minor with reference to the term of commitment. The authority commit- ting any minor shall forthwith send a certified copy of the mittimus to the commissioner of welfare. The provisions of this section shall not affect those of section 1830. 1918, S.1878 1919, C. 212 See Sec. 1864 Sec. 1898. Re-opening commitments. In all commitments of minors to the Connecticut School for Boys, Long Lane School, The Florence Crittenden Mission of New Haven, Incorporated, the House of the Good Shepherd or any county temporary home, the superior court may, up- on the application of the court or judge making the commitment, and upon giving reasonable notice to the institution to which the commit- ment was made, at any time re-open the order of commitment and make such further order as shall be warranted in the premises. No costs shall be taxed in the proceedings held under such application. 1918, S. 1870 Sec. 1899. Appeals from commitments to schools or county homes. An appeal shall lie from any judgment, order or decree committing any minor to the Connecticut School for Boys, to Long Lane School, to any county home for uncared-for or neglected children or to any institution in this state chartered by the general assembly for similar purposes, to the next term of the criminal court of common pleas to be held within and for the county or judicial district where such judgment is rendered; and, in cases not in the jurisdiction of any such criminal court of common pleas, to the next criminal term of the superior court. Such appeal may be taken by any parent or guardian of the child so committed, or by the selectmen of the town in which such judgment is rendered, within twenty days thereafter; and the appellant shall enter into a recognizance, with surety, to the state, conditioned to an- swer to the complaint and abide the oi’der and judgment of the court thereon. Complaints in such cases charging a minor with crime shall, on appeal, be tried by a jury, but all other complaints shall be tried in chambers by the judge of the court to which the appeal is taken, and such minor shall be produced in court or chambers, during trial and to receive final judgment, by the appellant or by the person or per- sons having such minor in their possession or control. See Sec. 1865 Sec. 1900. Fees for commitments to schools and county homes. There shall be allowed, in each case of commitment to the Connecticut School for Boys, a temporary home or Long Lane School, the same fees for complaint and warrant, or order, that are allowed by law for com- plaints and warrants in criminal cases'; and there shall be allowed to the grand jurors or prosecuting officers attending such cases the same fees for travel and attendance as are allowed by law to grand jurors in criminal cases. 1918, S. 1871 Sec. 1901. Costs on commitments to schools or county homes. The authority committing any boy to the Connecticut School for Boys, or committing any child to the home for uncared-for and neglected chil- dren in any county, or committing any girl to Long Lane School, shall transmit a certified copy of the items of the costs on the complaint to the clerk of the superior court for the county in which the trial or hearing was had, Avithin thirty days after the trial or hearing, and such costs shall be taxed and paid as costs are taxed and paid in criminal cases coming to the superior court from an inferior court. 1918. S. 1872 1918, S. 1874 1930, S. 1902 1937, S. 383d 1939, S. S9Se 1943 Sec. 1902 as amended by Sec. 386g. Support of minors in reforma- tory institutions. The authority committing any minor to any reforma- tory institution entitled to receive compensation from the state for the support of such minor may order the person or persons liable for the support of such minor, if, in the opinion of such authority, they are of sufficient pecuniary ability, to pay to the state treasurer, in such man- ner as such authority shall direct, such sum, not greater than ten dol- Sec. 1899. See 99 C. 93. SOCIAL WELFARE LAWS OF CONNECTICUT 13 lars per week, as such authority shall order, during such time as such minor shall remain in such institution; and failure to duly pay the amount so ordered in the manner directed shall render the person or persons so failing to pay liable to the provisions of section 6265. Such authority shall indorse the substance of such order on the certified copy of the mittimus to be sent to the commissioner of welfare in ac- cordance with the provisions of section 1897 as amended. Sec. 1903. Religious instruction. Equal privileges shall be granted to clergymen of all religious denominations to impart religious in- struction to the inmates of the Connecticut School for Boys and Long Lane School, and of each chartered or incorporated institution to which any minor may be committed by any court; and every reasonable op- portunity shall be allowed such clergymen to give such inmates, belong- ing to their respective denominations, religious and moral instruction; and the trustees or governing officers of each of such institutions shall prescribe reasonable times and places, not inconsistent with its proper management, when and where such instruction, which shall he open to all who may choose to attend, may be given. 1918, S. 1860 Sec. 1904. Retention of diseased prisoners. When the medical officer of, or any physician employed in, any penal or charitable institu- tion shall report in writing to the superintendent or other officer in charge of such institution, that any inmate thereof committed thereto by any court or supported therein in whole or in part at public expense is afflicted with any venereal disease so that his discharge from such institution would be dangerous to the public health, such inmate shall, with the approval of such superintendent or other officer in charge, be detained in such institution until such medical officer or physician shall report in writing to the superintendent or officer in charge of such institution that such inmate may be discharged therefrom with- out danger to the public health. During detention the person so de- tained shall be supported in the same manner as before such deten- tion. See Appendix (II). 1918, S. 201C Sec. 1905. Asylums for deformed, when prohibited. No asylum, home or institution for defective, deformed or incurable persons shall be established or maintained within the limits of any town without the consent of such town, unless under express legislative authority. 1918, S. 1868 Sec. 6075. Trespass on land of state institutions. Interference with inmates. Any person who shall wilfully trespass upon lands be- longing to the state which are appurtenant to any state institution or any person who shall interfere with any inmate of any state institu- tion, or who, after notice from an officer of any state institution to leave such lands, shall remain thereon, shall be fined not more than fifty dollars or imprisoned not more than three months or both. Any officer of any state institution, or such person as such officer may call upon to assist, may arrest any person violating any provision of this section and forthwith take him before some proper authority who shall, upon complaint of the proper prosecuting officer, proceed to try such person. 1923, C. 66 Sec. 6182. Aiding escape from certain institutions; penalty. Any person who shall aid or abet any inmate in escaping from The Con- necticut State Farm for Women, Long Lane School, The Connecticut School for Boys or any institution to which commitment may be made under the authority of section 1817, or who shall knowingly harbor any such inmate, or aid in abducting any such inmate who has been paroled from the person or persons to whose care and service such inmate has been legally committed, shall be fined not more than five hundred dol- lars, or imprisoned not more than three months or both. Any sheriff, deputy sheriff, constable or officer of local police, and any officer or 1918, S. 1816, 6330 1921. C. 68 14 SOCIAL WELFARE LAWS OF CONNECTICUT employee of any of said institutions, is authorized and directed to ar- rest any person who shall have escaped therefrom and return him thereto. 1918, S. 331 Sec. 342. Deaths in reformatory institutions. When any boy com- mitted to the Connecticut School for Boys or any girls committed to Long Lane School shall die, the superintendent shall cause immedi- ate notice thereof to be sent by mail to the registrar of births, mar- riages and deaths of the town from which such boy or girl was so committed. Public Welfare Council 1918, S. 1887, 1894. 1895 1919, C. 299 1921, C. 307 S. 1 1930, S. 1907 1935, S. 710c 1937, S. 385d Sec. 1907 as amended by Sec. 598e. Public welfare council. The public welfare council shall be composed of five members, of whom three shall be men and two shall be women. During the regular ses- sions of the general assembly of 1941, and quadrennially thereafter, three members shall be appointed by the governor, with the advice and consent of the general assembly, and in like manner two members shall be appointed during the regular sessions of the general assembly in 1939, and quadrennially thereafter. Each such appointee shall hold office for a term of four years from the first day of July next succeed- ing his appointment and until his successor shall be appointed and shall have qualified. The governor may remove any of the members of said public welfare council for cause. Any vacancy shall be filled by the governor by appointment for the unexpired portion of the term. The members of the council shall receive no compensation for their services. The council shall have an office in Hartford, where its rec- ords, papers and books shall be preserved. It shall meet at least once in two months, and three members shall constitute a quorum. The council shall collect information and statistics relating to pauperism and the administration and operation of the laws relating to the poor and to state charities, and embody the same with such suggestions as it may deem best, in a report to the governor, on or before June 30, 1938, and biennially thereafter. Said council shall co-operate with and advise and assist, the commissioner of welfare in carrying out his duties; shall, upon request, advise him in regard to policies; shall recommend, on its own initiative, policies and practices which shall be considered at a duly called meeting of said council, which meeting- said commissioner or one of his deputies shall attend. The commis- sioner shall assist the council in obtaining such data and information as shall best effectuate its purposes and service. 1918. S. 1888 1930 1935 Sec. 1911 as amended by Sec. 713c. Duties of public welfare coun- cil. The public welfare council may inspect almshouses, homes for neglected or dependent children, asylums, hospitals and institutions for the care of support of the dependent or criminal classes; and it shall inspect all institutions in which persons are detained by compul- sion, to ascertain whether their inmates are properly treated, and, ex- cept in cases of detention upon legal process, to ascertain whether any have been unjustly placed or are improperly held therein, and may examine witnesses and send for persons and papers and correct any abuses found to exist, in such manner as not to conflict with any per- sonal, corporate or statutory rights, acting, so far as practicable, through the persons in charge of such institutions, and with a view to sustain and strengthen their rightful authority; and no measure shall be adopted without the assent of the persons so in charge, except upon the approval of the commissioner of welfare and either at a meeting of said council, at which at least four members shall be present, or by a written order, signed by a majority of the said council. The pro- visions of this section shall not apply to the Connecticut Institute for the Blind. See Appendix (IY). See Sec. 1914 Sec. 1911. Cited 119 C. 111. SOCIAL WELFARE LAWS OF CONNECTICUT 15 Sec. 1912 as amended by Sec. 714c. Institutions to be visited quar- terly. The State Prison, the Connecticut Reformatory, the Connecti- cut School for Boys, the State Farm for Women, Long Lane School, the Mansfield. State Training School and Hospital and the state hos- pitals for mental illness shall be visited as often as once in three months by at least one member of each sex of the public welfare coun- cil. No previous notice of such visit shall be given to the persons in charge of the institutions visited and, at each such visit, an oppor- tunity shall be offered to each inmate for private conversation with some member of the public welfare council. Any communication di- rected to said public welfare council, or to any member thereof, by any inmate of any of said institutions, shall be immediately mailed without inspection; and any inmate of any of said institutions may personally deliver to any member of said public welfare council, and any such member may receive, any communication without interference or in- spection of the person or persons in charge. The inmates of said in- stitutions shall be informed of their rights under this section by the persons in charge, to the satisfaction of said public welfare council or any visiting member thereof. 1918, S. 1893 1930 1935 Sec. 1914 as amended by Sec. 716c. Orders; how presented. Ap- peals. Fees. Any orders arising from the action of the public wel- fare council that may be taken under the provisions of section 1911 shall be presented in writing, signed by a majority of the public wel- fare council, to the persons in charge of the institution concerned at the earliest date practicable. An appeal may be taken to the governor from any action of the public welfare council by the persons in charge of any such institution within twenty days after the receipt of such written order, and the governor shall grant full opportunity for a hear- ing on the appeal to all persons concerned in such order and appeal. Whenever such appeal shall not be made within the specified time or, if made, shall not be sustained by the governor, any person to whom such written order shall have been delivered who shall fail to comply with such recommendation, within a reasonable time thereafter, shall be fined not more than fifty dollars for each month of such failure. Jurisdiction for the imposition and collection of such fines is conferred upon any criminal court of common pleas within whose jurisdiction such person resides and, in counties where there is no criminal court of common pleas, upon the superior court. Any person summoned to appear in an investigation conducted by said public welfare council, or by the governor on appeal as provided by this section, other than offi- cers and employees of an institution under examination, shall receive such fees and expenses as are allowed witnesses in courts. The wit- ness fees and expenses of an investigation shall be paid by the comp- troller upon presentation of an itemized account thereof, signed by the president and secretary of said public welfare council and approved by the governor. 1918, S. 1889 1930 1935 Sec. 1709 as amended by Sec. 560e. Overseers of the poor to keep records and make returns. Overseers of the poor shall keep full and accurate records of the paupers fully supported, the persons relieved and partially supported and the travellers and vagrants lodged, in whole or in part, at the expense of their respective towns, together with the amount paid them for such support and relief, and monthly, or at such other periods not less than monthly, as may be designated by the public welfare council and the commissioner of welfare, shall make reports to the commissioner of welfare of the number of such persons supported, together with the cost, in the manner and on such forms as may be approved by said council and the commissioner of welfare. Such reports shall be public records and may be published periodically by said council and the commissioner of welfare in such form as said council and said commissioner shall direct. Note See Sec. 366g. 1918, S. 1639 1930, S. 1709 1935, S. 666c 1937, S. 362d 1939 16 SOCIAL WELFARE LAWS OF CONNECTICUT 1937, S. 384d Sec. 599e. Powers and duties of the public welfare council. The public welfare council may appoint, and may remove from office, such directors, assistants and investigators as may be necessary to carry out its duties and, subject to the approval of the governor and the com- missioner of finance and control, may fix their compensation and the public welfare council may delegate any of its powers and authority to any director, assistant or investigator, who shall have, within the scope of the power and authority so delegated, all the powers and au- thority of the council. Effective May 25, 1937. 1918, S. 1869 1930 1935, S. 709c 1939 Sec. 1906 as amended by Sec. 596e. Homes for aged people. Any person desiring to maintain a home in which two or more persons be- yond the age of sixty years shall be cared for shall apply to the public welfare council for a certificate permitting him to maintain such home. Such application shall be upon a blank provided by said public wel- fare council and shall state the location of such home, the number of persons which may be cared for therein and, in the case of an institu- tion, the purpose for which the institution is founded, the names of its chief officers and the person actually in charge, with such other in- formation as shall be required by said public welfare council. The proprietor of such home shall file annually with said public welfare council a report stating the number of inmates received and the num- ber removed during the year, the number and causes of deaths and the average cost of support per capita, with such other information as may be required by said public welfare council. The certificates provided for in this section shall be issued for the term of one year and may be renewed for a similar term in such manner as said public welfare council shall direct. Said public welfare council may at any time revoke any such certificate. The provisions of this section shall not apply to persons caring for relatives, institutions receiving state aid or maintained by municipalities, specially chartered institutions or charitable institutions. Any person violating any provision of this sec- tion shall be fined not more than twenty-five dollars, and each month during which he shall fail to comply with any such provision shall constitute a separate offense. County Administration 1918, S. 194 1930 1937, 97d Sec. 208 as amended by Sec. 98e. Annual statement; publication. The county commissioners of each county and, in case of their neglect, any one of them, shall, on or before the first day of December, annual- ly, file, with the clerk of the superior court in such county, and cause to be published at the expense of the county in one or more newspapers printed and of the general circulation therein, a statement of all re- ceipts and expenses of the county during the year ending on the thir- tieth day of September next preceding, and also of all amounts due to and from the county, if any, specifying the amount received from the state for board of prisoners; from the United States for board of prisoners; from earnings of prisoners; from all other sources, speci- fying what; total receipts; amount due from all sources, specifying from whom and for what; total amount due; amount expended for provisions, clothing, bedding, fuel, lights, medicines, medical attend- ance, salaries of jailers, assistants, chaplain and county commission- ers; building and repairs of jails; all other expenses in detail; total expenditures; total indebtedness of the county, specifying to whom and for what and whether by bond or otherwise and the rate of interest paid. The commissioner or commissioners filing such statement with the clerk of the superior court shall make a duplicate thereof and transmit it to the tax commissioner on or before the first day of De- cember. Forms for the statements required by said section shall be transmitted by the tax commissioner to the county commissioners of SOCIAL WELFARE LAWS OF CONNECTICUT 17 the several counties annually in the month of October, and said tax commissioner shall report a printed abstract of such statements to the general assembly at its next regular session. Each county com- missioner who shall neglect to comply with the provisions of this sec- tion shall pay twenty-five dollars to the state, and shall receive no compensation for his services as such commissioner during the period of such neglect. Sec. 70 as amended by Sec. 13e. Removal of Commissioners. When- ever the governor shall be of the opinion that any officer, commission- er, deputy commissioner or county commissioner has been or is guilty of misconduct, material neglect of duty or incompetence in the con- duct of his office, he shall transmit all facts and information in his possession relating thereto to the attorney general, who shall there- upon make such investigation as he shall deem proper, and shall pre- pare a statement in writing of the charges against such officer, com- missioner, deputy commissioner or county commissioner, together with a citation, in the name of the state, commanding him to appear before the governor at a date named therein, and show cause, if any there be, why he should not be removed from office as hereinafter provided. The attorney general shall cause a copy of such statement and cita- tion to be served, by some proper officer or indifferent person, upon such officer, commissioner, deputy commissioner or county commis- sioner and shall cause a copy thereof, together with a return of the service by the officer or indifferent person making the same indorsed thereon, to be filed in the office of the secretary. Such officer, com- missioner, deputy commissioner or county commissioner shall have the right to appear with counsel and witnesses and be fully heard. To carry into effect the proceedings authorized by this section, the attorney general shall have power to summon witnesses, require the production of any necessary books, papers, or other documents and administer oaths to witnesses, and, upon the day named in such cita- tion for the appearance of such officer, commissioner, deputy commis- sioner or county commissioner or at any adjourned date fixed by the governor, shall appear and conduct the hearing in behalf of the state. He shall cause all oral evidence submitted at such hearing to be re- ported by a competent stenographer, and for such purpose may em- ploy such stenographer at the expense of the state, and, within fifteen days after the close of any such hearing, he shall cause a certified copy of such evidence to be filed with the secretary. After a full hearing of ail the evidence offered by the attorney general and by or in behalf of any such officer, commissioner, deputy commissioner or county com- missioner, the governor shall make a written statement of the facts which he finds to have been proven, and shall, within a reasonable time, file a copy of such finding, duly attested by him, with the secre- tary; and, if the governor shall find that the evidence warrants the re- moval of such officer, commissioner, deputy commissioner or county commissioner from office, he shall make a written order to that effect, and shall cause a copy thereof to be left with or at the usual place of abode of such officer, commissioner, deputy commissioner or county commissioner and shall also file a copy thereof with the secretary. Up- on the filing of such copy with the secretary, the office held by such officer, commissioner, deputy commissioner or county commissioner shall become vacant, and the governor shall thereupon proceed to fill or cause to be filled such vacancy in the manner provided by law. Any witness summoned and any officer or indifferent person making service under the provisions of this section shall be allowed and paid by the state the same fees as are allowed by law in criminal prose- cutions. 1937, S. 15d 1939 Sec. 209 as amended by Sec. 99e. Annual jail returns to the com- missioner of welfare. The county commissioners of each county and, in case of their neglect, any one of them, shall, on or before the first 1918, S. 195 1930 1937, S. 98d 18 SOCIAL WELFARE LAWS OF CONNECTICUT day of December, annually, make and transmit to the commissioner of welfare a return concerning the jail or jails in such county, showing the number of prisoners in jail on the thirtieth day of September pre- ceding; committed during the year ended on that day; discharged; re- maining in jail on that day, males, females, adults, minors, white, col- ored; natives of this state; natives of other states; natives of other countries; natives of this state who cannot read or write; natives of other states who cannot read or write; of other countries who cannot read or write; who have been married; who have been strictly tem- perate; who have been moderate drinkers; who have been habitually intemperate: who have been in prison before; committed on civil pro- cess; as mentally ill; for murder, manslaughter, assault with intent to kill, setting fires, robbery, stealing from the person, larceny, horse stealing, burglary, house breaking, obtaining goods by false pretenses, making or passing counterfeit money, forgery, pei’jury, rape, attempt at rape, adultery, fornication, bastardy, abortion, lewd conduct, as common prostitutes, for keeping house of ill fame, frequenting house of ill fame, vagrancy, drunkenness, as common drunkards, for violation of liquor law, poisoning, blasphemy, resisting officer, contempt of court; for all other offenses; average number in confinement during the year, discharged by writ of habeas corpus; by being recognized or bailed; by payment of fine and costs; by expiration of sentence; trans- ferred to other jails for trial; sent to court and not returned; sent to state prison, sent to Connecticut School for Boys; escaped and not retaken; prisoners that died; discharged by state’s attorney, by coun- ty commissioners and by process not above specified. Blanks for such returns shall be transmitted by the commissioner of welfare to the county commissioners of the several counties annually, in the month of October, and said commissioner shall report a printed abstract of such returns to the next general assembly. 1918, S. 1867 Sec. 213. County aid for hospitals. The representatives of the towns and senators resident in any county may appropriate, in the manner provided by law for making appropriations for other county expenses, specific sums in aid of any public hospital located and main- tained in such county, and the amount so appropriated shall be ex- pended in the same manner as provided by law for other county ex- penses. In case sufficient funds shall not be on hand or otherwise available for said purpose in addition to other county expenses, such county representatives and senators may lay a county tax therefor in the manner provided in section 1890. Courts of Probate 1918, S. 2265 1923, C. 61 1925, C. 99 1929, C. 284 S. 10 Sec. 2290. Court of Probate. Courts of probate shall receive fees as follows: For granting administration, receiving and probating a will, or appointing a conservator or guardian, one dollar; making out a letter of administration or taking a bond, twenty-five cents, except that for taking a bond on an order of sale of the real estate of a minor, the fee shall be fifty cents; for recording a probate bond, twenty-five cents; receiving the inventory required by section 4911, for each thous- and dollars thereof not exceeding ten thousand dollars, thirty cents; for each thousand dollars thereof exceeding ten thousand dollars, and not exceeding twenty thousand dollars, twenty cents; for each thous- and dollars thereof exceeding twenty thousand dollars, fifteen cents; for hearing an application for the appointment of a trustee of an in- solvent debtor, two dollars; for each continuance of such hearing Sec. 213. Cited 127 C. 57. Sec. 2290. Certain charges made by a probata judge held unlawful; bow obje tion should be made. 21 C. 550. SOCIAL WELFARE LAWS OF CONNECTICUT 19 twenty-live cents; for hearing an application of such debtor for bene- fits, two dollars and fifty cents; for hearing in regard to estate of such debtor in settlement in another state, one dollar and fifty cents; for granting him a certificate of discharge, one dollar; for issuing a sum- mons to require attendance of an insolvent debtor, or witness for ex- amination, fifty cents; for holding an examination, two dollars; for each page of deposition taken thereon, twenty-five cents; for adjudi- cating upon the account of an administrator, executor, guardian or trustee, one dollar and twenty-five cents; for order to an executor, ad- ministrator or trustee, to make payment to creditors out of any estate, or adjusting and settling advancement to children, twp dollars; for a citation, when legally required, allowing an appeal from the doings of commissioners, or a motion to review the same, or notice to a corpor- ation of a devise or bequest to it, fifty cents; for hearing and judg- ment on return of a citation, when adverse parties appear, two dol- lars; when there is no such appearance, one dollar; for appointment of arbitrators, and a hearing upon and acceptance of their report, the same fees as are paid in the superior court; for proceedings to com- mit and commitment to Long Lane School or to the Connecticut School for Boys, the same fees as justices of the peace; for appointing a phy- sician to investigate the facts in case of paupers or indigent persons claimed to be mentally ill, fifty cents, and a like amount for accepting the return of such physician; for hearing and judgment on an appli- cation to remove any person to any state hospital for mental illness, or to an inebriate asylum, one dollar; for hearing, accepting and ap- proving or rejecting any agreement for adoption, one dollar and fifty cents; for each order, appointment, decree or judgment, or approving each return or report not otherwise provided for, seventy-five cents; for each filing and indorsement of any paper or document, twenty cents; for recording and for copies of records, seventy-five cents a page: for accepting and recording annual reports, seventy-five cents a page; travel to hold court in an adjoining district, going and returning, ten cents a mile; for making a certificate of distribution, the same as is allowed for copies of probate records; for each order, appoint- ment, decree or judgment, or approval of inventory, or report required by the laws relating to the succession tax, one dollar. The probate fees shall not exceed the sum of ten dollars for all proceedings in the settlement of the estate of any deceased person, the gross amount of which estate, wherever situated, when finally determined, shall not ex- ceed the sum of one thousand dollars. Note See Sec. 654g. Sec. 895c. Courts of probate. The fee allowed for receiving an in- ventory under the provisions of section 2290 shall be charged but once in connection with any estate. S. 2290 1931 20 SOCIAL WELFARE LAWS OF CONNECTICUT CHILD WELFARE 1918, S. 1892 1921, C. 307, S. 3 1930 1935 Sec. 1913 as amended by Sec. 715c. Authorization of agents. The commissioner of welfare, or any agent appointed by him, may visit family homes in which dependent and neglected children under the charge of temporary homes may be placed, recommend suitable family homes to the county boards and perform such further duties in con- nection with such dependent and neglected children as said commis- sioner may prescribe. 1918, S. 1796, 1798, 1799 1911, C. 383 S. 1, 3 1925, C. 62 1929, C. 149, S. 1 1930 1933 1935 Sec. 1915 as amended by Sec. 717c. Boarding homes for children; license. No orphan asylum, children’s home or similar institution, and no person, or group of persons, whether incorporated for the purpose or not, shall care for or board a child *** without a license obtained from the commissioner of welfare except when such child has been placed with such institution, group or person, by an agency, holding a license from said commissioner. The manager or managers of each such institution and each such person or group of persons shall *** file with said commissioner an application for a license, in such form as he shall furnish, stating the location where it is proposed to care for such child, the number of children whom it is planned to accommo- date at that time and, in the case of an institution, the purpose of the institution and the names of its chief officers and of the actual super- intendent in charge of the children therein. *** Each orphan asylum, children’s home or similar institution, and each person or group of persons included within the provisions of this section shall file, an- nually, with said commissioner, a report stating the number of children received and removed during the year, the number of deaths and the causes of death, the average cost of support per capita and such other data as he may prescribe. 1918, S. 1797 1921, C. 307, S. 3, C. 383, S. 2 1929, C. 149, S. 2 1930 1935, 720c 1943 Sec. 1916 as amended by Sec. 388g. Investigation. Revocation of license. The commissioner of welfare shall investigate the conditions stated in each application made under the provisions of section 1915 and, if the conditions shall be found to be satisfactory, shall issue the license as promptly as possible, without expense to the licensee. Be- fore issuing any such license, the commissioner of welfare shall give to the selectmen of the town wherein such licensee resides ten days’ notice in writing that the issuance of such license is proposed, but such notice shall not be required in case of intention to issue such license to any corporation incorporated for the purpose of caring for such children. Each license so issued shall state the number of chil- dren who may be cared for and shall be in force for twelve months from the date of issue, and shall be renewed for the ensuing twelve months provided conditions continue to be satisfactory to the commis- sioner of welfare. Said commissioner of welfare shall also provide such periodical inspections as shall safeguard the well being, health and morality of all such children. Any license issued under this sec- tion may be revoked by said commissioner of welfare for cause, and after due notice given to the institution, person or group of persons concerned and after opportunity for a hearing thereon. An appeal may be taken to the governor from any action of said commissioner of welfare under the provisions of this section. Effective June 29, 1943. 1933; 1935, S. 718c 1937, S. 387d Sec. 718c as amended by Sec. 601e. Placement of child from an- other state. Any person or public or private agency, corporation or organization, before bringing or sending any child into the state for the purpose of placing or caring for him in any home or institution, either free or at board, except in any educational institution, shall SOCIAL WELFARE LAWS OF CONNECTICUT 21 make application to the commissioner of welfare, giving the name, the age and a personal description of such child, the name and address of the person or institution with whom the child is to be placed, and such other information as may be required by said commissioner. Such per- son or institution shall be a person or institution duly licensed by said commissioner under the provisions of section 717c and of section 1916. When the permission of said commissioner has been received for the placement of such child, the person, agency, corporation or organiza- tion, before placing him, shall undertake: (1) That, if prior to be- coming eighteen years of age or being adopted, such child shall have become a public charge or shall have been committed to a correctional institution, such person, agency, corporation or organization will, with- in thirty days after notice requesting his removal shall have been given by said commissioner, remove such child from the state; (2) that such person, agency, corporation or organization will report annually, and oftener if requested so to do by said commissioner, as to the location and condition of the child so long as he shall remain in the state prior to his becoming eighteen years of age or prior to his legal adoption, and shall execute and deliver to said commissioner a bond payable to the state, and in the penal sum of one thousand dollars, with surety or security acceptable to the attorney general, conditioned on the due per- formance of such undertaking. The provisions of this section shall not apply in the case of any relative brought into the state by a resi- dent of the state, but such resident shall report to said commissioner his name and address, the name of the child and the name and address of the person, or public or private agency, organization, corporation or institution from which the child was received and such other informa- tion as said commissioner shall require, provided any person, agency, corporation or organization which may accept more than one child during any one calendar year shall be required, at the discretion of the commissioner, to execute and file with said commissioner a surety bond payable to the state in a penal sum to be fixed by said commissioner and the attorney general. Sec. 719c. Penalty. Any person or corporation who shall violate any provision of section 717c or 718c shall be fined not more than one hundred dollars. 1933 Sec.1917 as amended by Sec. 721c. Supervision over the welfare of children. The commissioner of *** welfare shall have general su- pervision over the welfare of children who require the care, protection or discipline of the state. *** He may be a member of boards of man- agement of county homes. *** He shall compile and publish such reg- ulations as he may prescribe or as may be prescribed by the public welfare council with his approval. The commissioner shall correct abuses in institutions or agencies for dependent, defective or delin- quent, neglected and uncared-for children in the manner prescribed by the provisions of sections 713c and 1914, and the penalties imposed by the provisions of said section 1914 shall apply to any person failing to comply with any order issued by authority of the provisions of this chapter. 1918, S. 1896 1921, C. 307, S. 2. 3 1930 1935 Sec. 1918 as amended by Sec. 722c. Custodians of children to file reports. Placing of children in foster homes. The institutions having custody of such children and the agencies and persons licensed by au- thority of this chapter shall make such reports to said commissioner at such reasonable times and in such form and covering such data as said commissioner may direct. The commissioner and his deputy and agents shall supervise the placing of such children in foster homes. Said commissioner may place children not having been properly placed, and shall co-operate with the county commissioners in the respective counties in the placing of children in homes suitable for their care and protection. In placing any child in a foster home, said commissioner 1921, C. 307 S. 4 1930 1935 22 SOCIAL WELFARE LAWS OF CONNECTICUT shall, if practicable, select a home of like religious faith to that of the parent or parents of such child, if such faith be known or be ascertain- able by the exercise of reasonable care. 1921. C. 307 S. 8 1923. C. 146 1930 1933 1935 Sec. 1922 as amended by Sec. 725c and 604e. Placing children under six years of age in homes, (a) Any parent or guardian of any child under six, any selectman, any probation officer, the Connecticut Hu- mane Society, Long Lane School, the Connecticut State Farm for Women or the commissioner of welfare, or any child-caring institution or agency approved by said commissioner, may apply under the provi- sions of section 1857 to any juvenile court having jurisdiction, for the commitment of any neglected or uncared-for child under the age of six years; and such court shall proceed under the provisions of section 1857 and shall give notice of the hearing upon such petition to such parent or guardian or to the selectmen of the town liable for the sup- port of such child and to the commissioner of welfare at least fourteen days before the date of such hearing; and, at such hearing, any such parent or guardian, such selectmen and said commissioner or his agent shall have the right to be heard as to such proposed commit- ment. If it shall appear from the petition that such child is in such condition that his welfare requires that his custody be immediately assumed, the court shall arrange with some suitable agency or person for his temporary care and custody pending court action. The ex- pense for such temporary care and custody shall be paid by the town in which such child is at the time residing, and such town shall be re- imbursed therefor by the town found liable for his support, or by the state if no town be found so liable, (b) When a petition shall be filed in any court for the commitment of a child under six years of age, the commissioner of welfare shall make a thorough investigation of the case and shall cause to be made a thorough physical and mental exam- ination of the child. The expenses incurred in making such physical and mental examination shall be paid as costs of commitment are paid under the provisions of section 1876. (c) Upon finding and ad- judging that any child under six years of age is uncared-for or neg- lected, the court shall commit him to the commissioner of welfare, and said commissioner shall be the guardian of such child until he shall have reached the age of fourteen years or until another guar- dian shall have been legally appointed. Said commissioner may place such child in a suitable foster home or in the home of a person re- lated by blood to such child or in a licensed child-caring institution or in the care and custody of any accredited child-caring agency approved by him. Following such commitment, the same proceedings shall be fol- lowed as provided in section 1876 concerning costs for commitment of a child to a county home, (d) In placing such child, said commis- sioner shall, if possible, select a home, agency, institution or person of like religious faith to that of a parent of such child, if such faith be known or may be ascertained by reasonable inquiry, provided such home conforms to the standards of said commissioner, (e) Said com- missioner shall, each month, certify to the comptroller the amount of expense incurred for the care and maintenance of such child and to whom the same is payable, and the comptroller shall make payment thereof. Said commissioner shall, on or before the first day of each January, April, July and October, notify the selectmen of the town where such child has legal settlement, if any, of its share of such ex- pense, computed on the basis of three-tenths of the total expense, and such town shall, on or before the fifteenth day of each of said months, reimburse the state to the extent of such share. Upon failure of any town so to reimburse the state, within thirty days from the date of the mailing of notice of the amount due, the same may be collected, with interest thereon, in an action by the attorney general in any court in Hartford county having jurisdiction of such amount. The state shall assume responsibility for the care and maintenance or any child for whom no legal settlement has been determined until it shall be deter- SOCIAL WELFARE LAWS OF CONNECTICUT 2S mined, when the accumulated costs of such care and maintenance pending such determination, except for temporary care and mainten- ance of a dependent child as provided in subsection (g), shall be allo- cated to the state and to the town where such child has legal settle- ment on the basis of three-tenths of such costs to such town and the remainder to the state. Said commissioner shall include in his biennial budget a sum estimated to be sufficient to carry out the provisions of this section, (f) Any court by which a child has been committed pur- suant to the pi’ovisions of this section may, upon the application of a parent or other relative of such child, the selectmen or any original pe- titioner, or a licensed child-caring agency or institution approved by said commissioner or said commissioner, and while such child is under the guardianship of said commissioner, upon hearing, after reasonable notice to said commissioner, and, in case said commissioner made the application, after reasonable notice to such parent, relative, original petitioner, selectmen or child-caring agency or institution, upon finding that the cause for commitment no longer exists, revoke such commit- ment, and thereupon such guardianship and all control of said com- missioner over such child shall terminate. After such child has reached the age of six years, such court may commit him to a county temporary home. No hearing shall be held for such re-opening and termination of commitment or transfer of commitment more often than once in six months, except upon the application of said commissioner, (g) The selectmen of any town may place, for a period not to exceed thirty days, unless extended with the consent of the commissioner of welfare, any dependent, defective, delinquent, neglected or uncared-for child under sixteen in any licensed boarding home, agency or child- caring institution, or with a person related by blood to such child; but such selectmen shall, if possible, select a home, agency, institution or person of like religious faith to that of a parent of such child, if such faith be known or may be ascertained by reasonable inquiry, pro- vided such home conforms to the standards of said commissioner. Such selectmen shall forthwith notify the commissioner of welfare on forms prescribed by him of the beginning and the termination of such placement. Said commissioner may make an investigation of the case of such child and may cause to be made a thorough physical and men- tal examination, and shall, after approving the bill for the expense thereof, forward the same to the town in which such child resides, which town shall pay such expense, but shall be reimbursed by the state for seven-tenths thereof. Said commissioner may supervise the care and placement of such child, and may make orders for his wel- fare. If said commissioner shall find that the care given such child during the first thirty days meets his approval, the state shall reim- burse such town for not more than seven-tenths of the cost of such care, except that, in the case of a dependent child, the town shall pay the entire cost. The commissioner of welfare shall certify to the comptroller each month the sum due any town under the provisions of this subsection. See Appendix (III) and (IV). Sec. 604e. Section 725c of the 1935 supplement to the general statutes shall continue in force and effect, notwithstanding the passage of an act amending said act, which amending act has been repealed. Effective June 29, 1939. 1939 Sec. 1923 as amended by Sec. 726c. Adoption of committed children. Any child committed by authority of the provisions of this chapter or by any court authorized to commit dependent, defective or delinquent, neglected and uncared-for children may be given in adoption by the commissioner of welfare, upon approval of the public welfare council, in conformity with the provisions of chapter 251. See Appendix (V) and (VI). 1921, C. 307 S. 9 1930 1935 Sec. 1924. Ill treatment of children. Whenever it shall be found that any child is not properly treated in any such family home or that 1918, S. 1891 24 SOCIAL WELFARE LAWS OF CONNECTICUT any such, home is not a suitable one and is of such character as to jeopardize the welfare of any child so placed therein, the commissioner shall report the facts in the case to the county board which placed the child in such family home, and such board, upon being satisfied of the ill treatment of the child or the unsuitableness of the home, shall re- move the child from such home and take such further action as shall be necessary to secure the welfare of the child. 1933, S. 727c 1937, S. 388d Sec. 727c as amended by Sec. 602e. Registration of physically handi- capped children. Each institution supported in whole or in part by the state shall report to the state department of health, on a form pre- scribed by said department, the name and address of each child under twenty-one years of age who is physically handicapped for whom ap- plication is made for admission, whether such child be admitted or re- jected. 1921, C. 336, S. 1 1930 1935 Sec. 1854 as amended by Sec. 692c. Definitions. The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as follows: “Child” shall mean any person under sixteen years of age and any person between the ages of six- teen and eighteen years who has been transferred from the jurisdiction of a town, city, police or borough court to the jurisdiction of any juve- nile court; “dependent child” shall mean a child whose home is a suitable one for it, save for conditions arising from the poverty of its parents, parent, guardian or other person maintaining such home, but who, because of such poverty, is in need of care; “uncared-for child” shall mean a child who is homeless or whose home is for any reason other than poverty unsuitable and who can not lawfully support him- self save by a resort to occupations that either are illegal in them- selves or would subject him to conditions prejudicial to his normal de- velopment, physically, mentally or normally; “neglected child” shall mean a child who (a) being unable to lawfully and properly support himself has been abandoned, or (b) who is being denied proper care and attention, physically, mentally or morally, or (c) is being permit- ted to live under the influences of evil associations of home or other conditions prejudicial to his well-being; “defective child” shall mean one who, by reason of a deficiency or defect of intelligence, which has existed from birth or from early age, requires, or will require, for his protection or for the protection of others, special care, supervision and control; “delinquent child” shall mean a child who, (a) violates any law of the state or local ordinance, or (b) is habitually truant, incor- rigible or knowingly or wilfully associates with vicious, criminal or immoral persons, or (c) uses vile, indecent or profane language, or is guilty of indecent or immoral conduct, or (d) is growing up in idle- ness, ignorance or vice, or (e) absents himself from home without just cause or the consent of his parents or wanders about at night-time without any lawful purpose or occupation, or (f) knowingly and wil- fully engages in any practice, employment or occupation prejudicial to his normal development, physically, mentally or morally. Juvenile Court 1941 Sec. 280f. Establishment. Districts. There is established the “Ju- venile Court for the State of Connecticut” which shall have and exer- cise the exclusive original jurisdiction of a juvenile court as provided by law within this state, except in matters of guardianship and adop- Chap. 95. For purpose and scope of act see 99 C. 75. Superior court’s finding that minor tried before it was over sixteen cannot be attacked in habeas coruus nro- ceeding. 100 C. 503. p Ch. 95. See note to Sec. 1856. SOCIAL WELFARE LAWS OF CONNECTICUT 25 tion and all other matters affecting the property rights of any child over which the probate court has jurisdiction. The court shall have a proper seal, and shall be governed by the procedure provided for juve- nile courts by this chapter. Said court shall be held in each of the three districts herein established as follows: First district: The counties of Fairfield and Litchfield. Second district: The counties of New Haven, Middlesex and New London. Third district: The coun- ties of Hartford, Tolland and Windham. Effective January 1, 1942. Sec. 281f as amended by Sec. 382g. Appointment and term of judges. There shall be three judges of said juvenile court, each of whom shall be an attorney at law, shall devote his entire time to his duties as such judge, shall be a resident of the district within which he is to serve and shall receive an annual salary to be paid by the state of seventy-five hundred dollars. Bach judge shall hold the sessions of said court within the district for which he is appointed, at such town or towns therein as the business of said court may require. Upon the absence, disability or disqualification of the judge of any district, the presiding judge may designate the judge of any other district to act, and when so designated he shall have all the powers and duties of the judge appointed for the district in which he is so acting. The pre- siding judge may, also, after consultation with the board of judges, assign the judge of one district to sit in certain towns in an adjoining district when pressure of cases in such adjoining district shall make such action advisable. The judges of the juvenile court shall be ap- pointed upon nomination by the governor in the same manner as supe- rior court judges are appointed, and in the first instance for the term of two, four and six years, respectively, from the first day of July, 1943. Thereafter each such judge shall be appointed for a term of six years. Such judges shall have all the powers necessary to carry out the pro- visions of this chapter. One of such judges shall be designated by the governor to be presiding judge of the court. Bach judge shall fix the time and place of hearings within the district from which he is ap- pointed, provided accommodations for holding such hearings shall, so far as possible, be secured without expense to the state. All petitions concerning delinquent children shall be heard within the county where the delinquency is alleged to have occurred or where the child resides. All other petitions shall be heard within the county where the child resided at the filing of the petition. Effective March 25, 1943. 1941 1943 Sec. 282f. Meetings of judges. The judges of said court shall meet annually, at a time and place designated by the presiding judge, who shall preside at the meeting; and a majority of the entire number of said judges shall constitute a quorum for the transaction of business. The presiding judge may call a special meeting of the judges at such time and place as he may designate, and, when convened, they may transact any business that might he done at the annual meeting. The judges, at any meeting, may make orders and rules to carry into effect the provisions of this chapter, including suitable forms of procedure thereunder. 1941 Sec. 283f. Appointment of staff. The judges of the court shall jointly appoint a clerk of the court and other necessary office person- nel and each judge shall appoint a director of probation for his district and such probation officers and clerical assistants as he shall deem necessary, subject to the provisions of section 284f. Any of these ap- pointees may be discharged by the appointing authority for cause and after hearing. The salaries of each of such officials shall be fixed by the judges, which salaries, together with the other expenses of the court, when approved by the judges, shall be paid by the state in the same manner as are the salaries and expenses in the judicial depart- ment. The court shall keep records, which, including the records of the probation officers, shall be open for inspection only to persons hav- 1941 26 SOCIAL WELFARE LAWS OF CONNECTICUT ing a proper interest therein and upon order of the court. The rec- ords of the juvenile courts established by chapter 336 of the public acts of 1921, by chapter 260 of the public acts of 1927, and by section 697c shall be records of said court and shall be subject to the terms of this chapter. 1941 Sec. 284f. Qualifications of probation staff. All juvenile probation personnel, including the directors of juvenile probation and all other necessary supervisory personnel, shall be appointed from a list of per- sons certified by the state personnel department as being qualified for such appointment, and said department shall, from time to time, con- duct examinations to establish such lists. All persons employed as full-time juvenile probation officers in service in this state on Janu- ary 1, 1941, shall be appointed without examination in the first in- stance juvenile probation officers of this court, at not less than the salaries they were receiving on said date, and they shall retain full rights in any pension system or retirement fund in which they are par- ticipating or to which they have contributed. Probation officers shall make such investigations and reports as the court shall direct or the law require. They shall execute the orders of the court, and for that purpose shall have the authority of a deputy sheriff in each county of the state. They shall preserve a record of all cases investigated or coming under their care, and shall keep informed concerning the con- duct and condition of each person under supervision and report there- on to the court as it may direct. 1943 Sec. 383g. Retirement of probation officers. All persons employed as full time juvenile probation officers in this state on January 1, 1941 who when appointed juvenile probation officers of the Juvenile Court for the State of Connecticut became members of the state employees’ retirement system and who have made the required contributions thereto, shall be entitled to the benefits of the provisions of Chapter 8a and in determining the amount of such benefits credit shall be given for the length of service as a juvenile probation officer prior to ap- pointment as such probation officer for the Juvenile Court for the State of Connecticut. S. 1865 1935 1941 Sec. 285f. Petitions and Appeals. All petitions concerning delin- quent children shall be heard within the county where the delinquency is alleged to have occurred or where the child resides, in the discretion of the court. All other petitions shall be heard within the county where the child resided at the time of the filing of the petition. Any person aggrieved by any judgment or order of the court may, within ten days thereafter, appeal to the superior court for the county within which the petition was heard, as hereinafter provided. Pending such appeal, the court may cause the child to be detained in some suitable place as the court may direct, or may release the child in the care of a parent, probation officer or other suitable person, and may require the appellant to enter into a bond or recognizance to the state, with surety or security conditioned that the child shall appear before the appel- late court and abide by the order and judgment. All appeals shall be heard at sessions of the superior court, to be held solely for the pur- pose of disposing of juvenile cases and such other matters concerning children or family relations as may be determined by the judges of the superior court. Such sessions shall be held throughout each year by a judge or judges designated at the annual meeting of the judges of the superior court, provided the chief justice may designate any other judge to hold any session or hear any matter whenever he may deem it necessary to do so. The time and place of holding such sessions of the superior court shall be fixed from time to time by the presiding judge and upon such notice to the clerk of the court of the county wherein such session is to be held as such presiding judge shall deem reasonble. The presiding judge shall, at such time and in such man- SOCIAL WELFARE LAWS OF CONNECTICUT 27 ner as he may deem proper, make assignments of the cases to be heard at such sessions, provided no case shall be heard except upon at least one week’s notice to the parties and to the commissioner of welfare. The judge holding any such session may, in his discretion, order an in- vestigation to be made by any qualified probation officer or county in- vestigator for the purpose of ascertaining the facts with reference to any matter pending before him and may appoint the public defender to appear for any unrepresented defendant or party in interest, the ex- penses of which shall be taxed and paid as are other court costs. In the determination of any such case, a written report of any such inves- tigation shall be admissible as evidence, subject to the right of any party to require that the person making such report shall appear in person as a witness and subject himself to cross-examination. In any proceeding brought for the purpose of securing the commitment of a child under the age of sixteen years, the court and the judge having jurisdiction of such matter shall have all the powers of juvenile courts and the judges thereof and the same procedure shall be followed as provided by statute for such courts, except as otherwise provided here- in. Sec. 286f. Disposition of cases pending January 1, 1942. On and after January 1, 1942, no county, city, police, town or borough court, justice of the peace or probate judge within the state, or the juvenile courts for Windham and Fairfield counties, shall exercise any juris- diction over proceedings concerning dependent, uncared-for, neglected and delinquent children within the state and all such cases then pend- ing shall be transferred to the juvenile court for the state, together with the custody of the records pertaining thereto. 1941 Sec. 287f. Constitutionality. If any section, subdivision or clause of this chapter shall be held to be unconstitutional or invalid, such de- cision shall not affect the validity of the remaining portions of the chapter. 1941 Sec. 1856 as amended by Sec. 380g. Jurisdiction. The juvenile court shall exercise exclusive original jurisdiction over all proceedings concerning uncared-for, neglected, dependent and delinquent children within its territorial limits, except in matters of guardianship and adoption and all other matters affecting property rights of any child over which the probate court has jurisdiction. Said court shall also have authority to make and enforce, within its territorial limits, such orders directed to parents, guardians, custodians or other adult per- sons, owing some legal duty to a child therein, as it shall deem neces- sary or appropriate to secure the welfare, protection, proper care and suitable support of a child subject to its jurisdiction. If any order for the payment of money shall be issued by the juvenile court the collec- tion of such money shall be made by said court. Upon the certifica- tion of a judge of the juvenile court, the state shall pay quarterly to the town of settlement of the child in whose behalf payments have been made three-tenths of all moneys collected in behalf of such child. See Appendix (VII). 1918, S. 1856 1919, C. 110 1921, C. 336, S. 3 1941, C. 274f 1943 Sec. 693c. Jurisdiction. The juvenile court shall have the jurisdic- tion and powers of disposition and binding over of a town, city, bor- ough or police court in the case of any person transferred to the juve- nile court under the provisions of section 1854 as amended. 1935 Sec. 1857 as amended by Sec. 694c. Petitions for action. The parent or guardian of any child or any selectman or other public offi- 1921, C. 336, S. 4, 5, 6 1930 1935 Sec. 1855. Provisions of section 1856 to be read in conjunction with the pro- visions of ths section. 115 C., 598. Sec. 1856. Proceedings against any child within the class of delinquents as de- fined in the juvenile Court Act must, in the first instance at .least, be taken in the Juvenile Court and, until that court has acted, the Superior Court can have no juris- diction. 115 C. 598. 28 SOCIAL WELFARE LAWS OF CONNECTICUT cial charged by law with the care of the poor, any prosecuting or pro- bation officer, the Connecticut Humane Society or the commissioner of welfare, having information that a child is uncared for, neglected, de- pendent or delinquent, may file with the juvenile court in the district where such child is resident, a verified petition stating such facts as bringing the child within the jurisdiction of the court, giving sufficient information to locate and identify him and praying for appropriate ac- tion by the court in conformity with the provisions of this chapter. Upon the filing of a petition, the judge may, either forthwith or after investigation, cause summons, signed by him or by the prosecuting at- torney of such court, to be issued, requiring the child and the parent or parents, guardian or other persons having control of the child, to appear in court at a time and place named, to show cause why such child should not be dealt with according to the provisions of this chap- ter. Whenever it shall appear to the judge that orders addressed to an adult, as set forth in section 1856, are necessary for the welfare of such child, similar summons shall be issued and served upon such adult if he is not already in court. Service of summons shall be made by the delivery of a true and attested copy thereof to the person sum- moned. If, after reasonable effort, personal service shall not have been made, such substitute service, by publication or otherwise, as the judge may order, shall be sufficient. Service may be made by any officer authorized by law to serve process, or by a probation officer or indif- ferent person, and the court may allow suitable expenses and a rea- sonable fee therefor. 1921, C. 336, S. 7 Sec. 1858. Custody pending disposition. If it shall appear from the petition that the child is in such condition that his welfare requires that his custody be immediately assumed, the authority issuing the summons may indorse upon the summons a direction that an officer, or other person serving such summons, shall at once take the child into his custody. Such child may, by the judge, be admitted to bail, pend- ing final disposition, or may be released in the custody of the probation officer, his parent or some other suitable person. When not so re- leased, the child may be detained pending the hearing and disposition of the case under and by such order of commitment as the court or judge thereof shall direct. In no case shall a child be confined in a jail or lock-up, or in any place where adults are or may be confined, except in the case of a mother with a nursing infant; nor shall any child at any time be held in solitary confinement. When a girl shall be held in custody, she shall, as far as possible, be in charge of a woman attendant. 1921, C. 336, S 8 See Sec. 1896 Sec. 1859. Temporary detention places. Unless the local authori- ties shall have provided suitable and permanent accommodations for the detention of children, the judge of each juvenile court shall ar- range with some agency or person within its jurisdiction for the use of suitable accommodations to serve as a temporary detention place as may be required. The court may allow such agency or person reason- able compensation for the expenses and services incident to such de- tention. The judge may employ any other suitable method of arrange- ment for detention. Each child while detained as herein provided shall be under the orders, direction and supervision of the court. 1921, C. 336 S. 9 Sec. 1860. Arrest upon warrant restricted. Bail. Nothing in this chapter shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges as provided by law, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process shall appear imperative. Whenever a child shall be brought before a judge of any city, police, borough or town court, such judge shall immediately transfer such case to the juvenile court having SOCIAL WELFARE LAWS OF CONNECTICUT 29 jui isdiction over it and direct that the child be forthwith delivered to such juvenile court or into custody of the probation or other officer of such court. Such judge may admit such child to bail or release him m the custody of his parent or parents, his guardian or some other suitable person to appear before the juvenile court at a time not later than one week thereafter. In case detention shall become necssary or desirable, the same shall be in the manner prescribed by this chapter. I pon the arrest of any child by any officer, such officer shall immedi- ately turn him over to the probation or other officer of the juvenile court.if such course be practicable. If it be not practicable, such child shall be cared for in the manner provided in section 1858. Sec. 1861. investigation. Prior to the hearing of the case of any child, investigation shall be made of the facts as herein specified. Such investigation shall consist of an examination of the parentage and sur- roundings of the child, his age, habits and history, and shall include also an inquiry into the home conditions, habits and character of his parents or guardians. In cases of alleged delinquent children, such in- vestigation shall be made by the probation officer. In such cases the court shall also, if practicable, cause the child to be examined as to his mentality by a competent and experienced mental examiner, who shall make a report of his findings. Prior to the hearing in the case of any child, if such child shall attend school, there shall be obtained from the school which he attends a report concerning him. The school officials shall furnish such report upon the request of the court or its probation officer. Until such time as such investigations shall have been completed and the results thereof placed before the judge, no dis- position of the child’s case shall be made. 1921, C. 336 S. 10 Sec. 1862. Hearing. Judges of juvenile courts shall, during hear- ings before them, exclude from the room in which they are held any person whose presence is, in the court’s opinion, not necessary. Such hearing shall not be held in a room regularly used for the transaction of criminal business. For the purpose of such hearings, the court shall have authority to summon witnesses and compel their attendance. The conversations of the judge with a child, whose case is before court, shall be privileged. 1921, C. 336 S. 11 Sec. 1863. Commitment. Reports. The court, if it shall find that the child needs the care, discipline or protection of the state, may so adjudge and commit the child to any public or private institution or agency which is permitted by law to care for children, commit him to the care and custody of some suitable person, order the child to re- main in his own home subject to the supervision of the probation offi- cer or withhold or suspend judgment. Whenever a child brought be- fore the court shall be found to be mentally defective, the court may order his commitment to an institution for mental defectives or de- fective delinquents, or may order him to be placed on vocational pro- bation if he be over fourteen years of age and evidence satisfactory to such court shall establish the fact that he may properly be employed for part or full time at some useful occupation and that such em- ployment would be more favorable to his welfare than commitment to an institution or continuance in school; and the probation officer shall supervise such employment. Whenever a juvenile court shall commit a child to any institution, public or private, there shall be delivered with the mittimus a copy of the results of the investigations made as required by section 1861. The court may, at any time, require from the person, institution or agency in whose care a child has been placed such report as to such child and his treatment as it may direct. See Appendix (VIII). 1921, C. 336, S. 12, 17, 20 See Sec. 188 Sec, 1864 as amended by Sec. 381g. Commitments to be indeter- minate. Reopening. Commitments by the juvenile court shall be for an indeterminate time but shall terminate when the child reaches the age of twenty-one, except in the case of mental defectives or defective 1921, C. 336, S. 16 1930 1931, S. 695c 1943 30 SOCIAL WELFARE LAWS OF CONNECTICUT delinquents. Commitments may be reopened and terminated at any time by such court, provided the institution to which the child is com- mitted shall be given notice of such proposed reopening and reason- able opportunity to present its views thereon. *** No costs shall be taxed in the proceedings held under such applications. The parents or guardians of such child may apply, not more than twice in any calen- dar year, for such reopening and termination of commitment. The provisions of section 1865 with regard to appeals shall apply to any person or institution aggrieved by any order of a juvenile court made under the provisions of this section, except that no bond shall be re- quired nor costs taxed on such appeal. Sec. 1867. Religious faith. Service of commitment process. In committing a child to a custodial agency, other than its natural guar- dians, the court shall, as far as practicable, select as such agency some person of like faith to that of the parent or parents of the child or some agency or institution governed by persons of such faith, unless such agency or institution is a state or municipal agency or institu- tion. In the order of commital the court shall designate some indiffer- ent person to serve the commitment process, and such indifferent per- son may be accompanied by any suitable relative or friend of any such child. In the event the person designated to serve such commitment process shall be an officer, such officer shall not serve such commit- ment process while dressed in the uniform of any police officer or sheriff, and no such officer shall, while serving any such commitment process, wear plainly displayed any police officer’s or sheriff’s badge. 1921. C. 336. S. 15 1921, C. 336, S. 18 Sec. 1868. Child not to be prosecuted. No child shall be prosecuted for an offense before a juvenile court, nor shall the adjudication of such court that a child is delinquent in any case be deemed a convic- tion of crime. 1921, C. 336. S. 19 Sec. 1869. Proceedings inadmissible as evidence in criminal pro- ceedings. The disposition of any child under the provisions of this chapter, evidence given in such cases, except evidence of crime which, if committed by a person of sufficient age, would be punishable by im prisonment in the State Prison, and all orders therein, shall be inad- missible as evidence in any criminal proceedings against such child. 1921, C. 336, S. 21 Sec. 1870. Enforcement of orders. In the enforcement of its or- ders, the court is authorized to issue process for the arrest of any per- sons, to compel attendance of witnesses and to punish for contempt by a fine not exceeding one hundred dollars or imprisonment not exceed- ing six months. County Homes for Neglected and Uncared-For Children 1918, S. 1766 1921. C. 381. S. 1 1930 1933 Sec. 1873 as amended by Sec. 698c. Location. There shall be pro- vided in each county one or more temporary homes for the better pro- tection of neglected and uncared-for children between the ages of six and eighteen years. No such home shall be located within one-half mile of any penal or pauper institution, and no pauper or convict shall be permitted to live or labor therein. No such home shall be used as a permanent residence for any child, but for his temporary care and protection for so long a time only as shall be absolutely necessary for the placing of the child in a well-selected family home. 1935 Sec. 699c. Jurisdiction of judge of probate. In any town in this state in which there is no city, police, town or borough court, the judge of probate, having jurisdiction therein, shall have the same powers and Secs. 1873-1894. Citerl 127 C. 57. SOCIAL WELFARE LAWS OF CONNECTICUT 31 duties in relation to any child who may be brought before him as an uncared-for or neglected child, as are conferred and imposed upon the officials of city, police, town or borough court as officials of juvenile courts under the provisions of chapters 95 and 96 of section 725c. Sec. 1874 as amended by Sec. 384g. Management. In each county the county commissioners, with one member of the public welfare council or the commissioner of welfare and one representative of the state department of health, shall constitute a board for the location, organization, management and general supervision of such temporary home or homes in such county. Said board may, wifh the consent of its managers, use orphan asylums in operation in any county as tem- porary homes for that county; and the county commissioners may lease, purchase, hold, sell and convey real and personal estate for the purposes of such temporary home or homes; and the board may, when desirable for economical reasons and when consistent with the welfare of the children to be provided for, establish such temporary homes in desirable private families; provided, in no instance, shall such home be under the same care or management as an almshouse, workhouse or penal institution. Said board may appoint such superintendents or agents and make such rules, regulations and by-laws as may be neces- sary or convenient for the order and government of the temporary home and its officers. (See Sec. 13e). See Appendix (XII). 1918, S. 1768 1921, C. 381 S. S 1923, C. 215 1930 1935, S. 700c 1943 Sec. 1875 as amended by Sec. 701c. Powers of managers. Earnings of minors. In each county the board for the management of tempor- ary homes for uncared-for and neglected children shall meet at least once in each three months for the purpose of attending to its duties, and notice of such meeting shall be sent to each member by mail at least three days prior thereto by the chairman of said board. At the meeting of said board in each county in the fall months of each year, one or more designated representatives of the commissioner of wel- fare shall meet with said board for the purpose of suggesting such provisions, changes and additions as they may think desirable in the temporary home and assisting said board in the selection of family homes for the children in the temporary home and advising said board of the results of their visits to children in family homes. *** Said board in each county shall have full guardianship and control of each child committed to the temporary home for such county until such child shall have reached the age of eighteen years, or such guardianship and control shall have been legally transferred, or another guardian ap- pointed by the probate court with the consent of said board; and said board in each county shall have power to place any child committed to the temporary home of the county at such employment and cause the child to be instructed in such branches of useful knowledge as may be suited to the age and capacity of the child for such term of years, not extending beyond the child’s seventeenth year, as will inure to the benefit of the child. Parents whose children have been supported by a temporary home for three years shall not be entitled to their earn- ings or services after they have become eighteen years of age. 1918, S. 1769 1921, C. 381 S. 1 1930 1935 Sec. 1876 as amended by Sec. 591e. Commitment. Any juvenile court having jurisdiction and, in cases in which no juvenile court shall have jurisdiction, the probate court for the district in which there may be any uncared-for or neglected child, may, upon finding and adjudging 1918, S. 1782 1919, C. 338 1921, C. 210, C. 381, S. 2 1923, C. 184, S. 1 1939 1918, S 1919, C 1921, C Sec. 1875. Parent cannot dictate as to religious instruction of child committed to county home; habeas corpus denied. 61 C. 263. Sec 1875. The provisions of chapter 96 entrust the care and custody of chil- dren committed to a county home to the board of management of such home and constitute such board their legal guardian to the exclusion of any custody or control on the part of the parents. 110 C. 467, 468. Sec. 1876. Board not bound to permit withdrawal of child under any circum- stances. 61 C. 268. Sec. 1876. See note to Sec. 1875. Cited 115 C. 596. 32 SOCIAL WELFARE LAWS OF CONNECTICUT that any child is uncared-for or neglected, commit such child to any temporary home, where he may remain until he shall be eighteen years of age, unless sooner discharged by the board of management of the temporary home in the county in which such child shall have been committed. Said board may place any such child in a private family, whether he shall be cared for free or for compensation, or in any char- tered orphans’ asylum or children’s home in this state wherein such child shall be accepted for the period, or any portion thereof, for which such child shall have been committed to such temporary home. The authority committing any such child shall, within thirty days after such commitment, transmit a certified copy of the items of the costs of such proceedings to the clerk of the superior court for the county in which the trial or hearing was had, and such costs shall be paid as costs are paid in criminal cases coming to the superior court from an inferior court. The comptroller shall, each month, upon the certifica- tion of the commissioner of welfare, pay to said board, for each child committed to and residing in such temporary home, three dollars and fifty cents per week, and, for each such child not residing in such temporary home, the actual expense to said board not to exceed three dollars and fifty cents per week. Said board shall file with the com- missioner of welfare a monthly report of the number of such children under its guardianship residing in such temporary home and the num- ber not residing in such temporary home. See Appendix (X). 1918, S. 1783 1919, C. 133, S. 1,2 1921, C. 381, S. 3,4 1923, C. 184, S. 2 1930 1935 Sec. 1877 as amended by Sec. 702c. Notice of hearing. Waiver, Notice of the hearing upon a petition filed in any court for the com- mitment of a child to a tempoary home shall be given by mail to the commissioners of the county in which such home is located and to the commissioner of welfare at Hartford, at least seven days before the date of such hearing, and, at such hearing, such county commissioners and said commissioner of welfare shall have the right to be heard as to such proposed commitment. If the court to which such petition is brought shall find that the circumstances of the child require his im- mediate commitment to such county temporary home, opportunity shall be given to the county commissioners and to the commissioner of welfare, before such commitment, to consent to a waiver of the notice of such hearing. 1921, C. 265 Sec. 1878. Physical and mental examinations before commitment. Whenever a petition shall be filed in any court for the commitment of a child to a county temporary home in accordance with the provisions of section 1876, the court to which such petition is brought shall, be- fore the hearing shall be held on such petition, require a thorough physical examination to be made of the child concerned in such peti- tion by a duly qualified physician appointed by the court for the pur- pose of determining whether or not such child is a fit subject for com- mitment to a county temporary home. In all cases where the court to which such petition shall be brought is situated within fifteen miles of a duly recognized clinic in mental hygiene or institution for the treat- ment of mental diseases or professional office of a responsible alienist oi expei t in psychiatry, such court shall, before such hearing shall be held, requiie a mental examination to be made of the child concerned in. such petition by such responsible alienist or by an expert connected with such clinic or institution, who shall be appointed by the court for this purpose, provided, in case the town shall be more than fifteen miles from a duly recognized clinic, the examination shall be made by a leputable physician. Each child subject to such examination shall be accompanied to and from the place of examination by a re- sponsible adult person appointed for the purpose by the court and in the case of a female child, such responsible adult' person shall be a female. The person appointed to make any examination required bv Sec. 1877. See note to Sec. 1875. Sec. 591e. Cited 127 C. 58. SOCIAL WELFARE LAWS OF CONNECTICUT 33 this section shall file with the court a written report of such examina- tion at or before the time of hearing upon the petition for commit- ment. The expense incurred in making such examination shall be paid as costs of commitment are paid under the provisions of section 1876. In all cases where the commitment of a child to a county temporary home shall be carried into effect, the report of examination shall ac- company the mittimus under which the child was committed. Sec. 1879 as amended by Sec. 703c. Children who shall not be com- mitted. No child, mentally ill, feeble-minded, blind, so crippled or so deaf as to require special care, tubercular or suffering from any incur- able or contagious disease, shall be committed to any county tempor- ary home or allowed to remain therein. If, in the opinion of the board of management of any such home, acting under the advice of the phy- sician employed by it, any child admitted thereto shall come within any of the classes enumerated herein, the chairman of the board shall notify the selectmen of the town from which such child was commit- ted, and such selectmen shall cause such child to be removed immedi- ately from such temporary home. A letter deposited in the post office, postage paid, stating the name of the child and that he is mentally ill, feeble-minded, blind, so crippled or so deaf as to require special care, tubercular or suffering from an incurable or contagious disease, as the case may be, signed by the chairman of such board and directed to such selectmen, shall be sufficient evidence that notice was given at the time that such letter would in the usual course of the mails reach such selectmen; and actual notice in writing sent in any other mode shall be sufficient. This section shall not apply to children who con- tract any curable contagious disease in the home. If the selectmen of any town shall fail, for ten days after such notice has been given, to remove such child, the chairman may, in the name of the county wherein such home is located, institute against such selectmen an ac- tion of mandamus to compel such selectmen to remove immediately such child from such home; and such selectmen shall forfeit to such county three dollars for each day of failure after the ten days speci- fied, to be recovered by such county in any proper civil action. 1918, S. 1767 1930 1933 See Sec. 2628 Sec. 1880 as amended by Sec. 704c. Transfer of minors in institu- tions. The court of probate for the district in which any county tem- porary home or reformatory institution for minors is situated may, upon application to it therefor by the board of management of such home or institution or by the commissioner of welfare, after inquiry and upon finding that any inmate of such home or institution will be benefited by being transferred to the Mansfield State Training School and Hospital or other suitable institution and is a proper subject to be received therein, order such inmate discharged from such county home or reformatory institution and committed to said training school or other institution, to be kept and supported for such length of time as such court may deem proper. On approval of such order by the gov- ernor, such inmate shall be thereupon discharged from such county home or other institution and, by a person selected by the superintend- ent of such home or institution, shall be delivered to said Mansfield State Training School and Hospital or other institution, there to be re- tained and supported in the manner provided in sections 1779 and 1780. The provisions of sections 1706 and 1707, in regard to the examination and removal of inmates of almshouses who may be found to be men- tally ill or feeble-minded, are made applicable in like manner to chil- dren in the county temporary homes, except that the duties specified in said secitons for selectmen or similar boards of any town shall, in the case of any such child, devolve upon the board of management of such county temporary home and that the proceedings for commitment of any such child shall be brought to the probate court for the district in which such county temporary home is located. 1919, C. 301 1930 1935 See Sec. 1783 34 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1773 Sec. 1881. Court may revoke commitment. Any court, by which a child has been committed pursuant to the provisions ot this chapter, may, upon the application of a relative of such child and while such child is in the guardianship of the board of management ot a tempor- ary home, upon due hearing, after reasonable notice to such board served upon its chairman or secretary, upon finding that the cause tor commitment no longer exists, revoke its order of commitment, and thereupon such guardianship and all control of such board over such child shall terminate. See Sec. 1750 1918, S. 1770, 1771 Sec. 1882. Children not to be in almshouse; penalty. Expense of support. Overseers of the poor shall not place or retain children be- tween the ages of four and eighteen years in almshouses after they have been notified by such board that a temporary home in their county is open for such children; and, upon such notice, they shall cause ail such children in almshouses to be removed to such home; provided, if one of the parents of such children, who is a person of good moral character, shall be committed to the almshouse with them, and may there care for them, such children may remain with such parent in the almshouse for a period of not more than thirty days in any one year. The necessary expenses of supporting such children in temporary homes or in family homes, until they shall reach the age of twelve years for girls and fourteen for boys, shall be paid by the town committing them to the temporary home, such town having a right of action upon this statute for reimbursement from me town to which such children, if paupers, would be legally chargeable, at not less than one dollar and fifty cents nor more than two dollars weekly per child; but nothing herein shall require payment for the support of children in private families, when, in the opinion of such board, they may be placed by it in such families to its satisfaction, consistently with the best interests of the child and with the provisions and pur- poses of this chapter, without such payment. Overseers of the poor may place children in the temporary home for their county upon such terms, as to the time of their stay therein, as may be agreed upon by them with such board. Such board may, in its discretion, permit chil- dren to be cared for in the temporary home at the expense of private persons. The placing of children with the lowest auction bidder is pro- hibited. Any selectman, overseer of the poor or town, placing or re- taining any child between the ages of four and eighteen years in an almshouse, in violation of the provisions of this section, shall be fined fifty dollars; and each month of such violation shall constitute a sep- arate offense. 1918, S. 1772 Sec. 1883. Placing in county homes of children under four. Chil- dren less than four years of age may be placed by overseers of the poor in any county temporary home if its board of management shall consent to receive them, and the expense of their support shall be paid in accordance with the provisions of section 1882. 1918, S. 1780 1930, S. 1884 1933 1935, S. 705c 1937, S. 380d Sec. 1884 as amended by Sec. 592e, Contracts for care of children in foster homes. When any child from a county temporary home shall be placed by the board of management of such home in a private fam- ily, the responsibile person receiving such child shall execute in tripli- cate an agreement with such board on a form to be furnished by the comptroller to the commissioner of welfare and to be furnished by said commissioner to such responsible person. One copy of such agree- ment shall be retained by such person, one kept on file at the county temporary home and the third kept on file by said commissioner. The compensation to be paid for the care of each such child shall not be less than that customarily paid by the commissioner of welfare for the care in private families of children committed to his guardianship un- der the provisions of section 725c unless the responsible person re- Sec. 1881. See note to Sec. 1875. SOCIAL WELFARE LAWS OF CONNECTICUT 35 ceiying such child shall consent in such agreement to accept compen- sation at a lesser rate, or to receive such child without compensation. Sec. 1885. Return of children to county homes. When any child has been placed in a family home by the board of management of any county home, any person, upon giving bond for costs, may appeal to the superior court for the county in whicL such family home is located, or to any judge thereof, and, if such court or judge shall find that it is inadvisable that the child shall remain in such family home, such court or judge shall order such child to be returned to the county home. At any time during the pendency of such appeal, such court or judge may order such child to be returned to the county home until the appeal shall be finally determined. Notice of the pendency of such appeal shall be served in such manner and upon such persons as the court or judge may direct. 1918, S. 1T81 Sec. 1886. as amended by Sec. 385g. Commitments to other insti- tutions. Transfers and releases. The authorities empowered by sec- tion 1876 to commit children to temporary homes may commit such children to any suitable persons or institutions consenting thereto, upon being satisfied, after due inquiry made, that such commitments will be for the welfare and best interest of such children; but the town from which any child is committed under the provisions of this section, or the town to which such child, if a pauper, would be legally chargeable, or the state or the county, shall not be liable for the ex- pense of the support of such child by the person or institution, other than the temporary home, to which such child shall be committed. Such authorities or the board of managers of any temporary home may transfer any child from such home to the keeping of any suitable person or institution, upon the petition of the parents or guardian therefor, upon such authority or board being satisfied, after due. in- quiry had, that such transfer will be for the welfare and bast interest of such child; and may release and discharge any child committed to such home, or committed or transferred to any suitable person or institution, from such home, or from such person or institution, and from the authority of such board, person or institution, and deliver such child to the keeping of its parents or guardian, upon petition of such parents or guardian to the authority that made the commitment or transfer, or to such board, when it shall be shown upon inquiry had that the causes for which the commitment was made no longer exist; but the town which committed any child to the temporary home, or the town to which such child, if a pauper, would be legally chargeable, shall not be liable for the expense of supporting such child after such transfer: and any child who has been or shall be transferred to a pri- vate institution shall cease to be a charge to the state or county. Such petition shall be made within a year of the date of the commitment of the child to the county home. The words “authority” and “authori- ties” shall not be construed to include justices of the peace. All chil- dren committed or transferred in accordance with this section shall be subject to the authority and supervision of the board of managers of the temporary home of the county in which the commitment or transfer shall take place and such board of managers, or their agents, may visit such children in the several places of commitment provided herein, in the same manner and with the same authority as is provided in sectionl874 in reference to the visitation of selected families, and such managers may, for good and sufficient cause, remove temporarily to the temporary home of such county any child so committed or trans- ferred until such cause shall have terminated; provided, if such cause be not terminated within thirty days, then such managers may find a private family home for such child in accordance with the provisions of this chapter. 1918, S, 1793 1943 See Sec. 1898, 1899 Sec. 1886. Cited 115 C. 596. 36 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1784 1785, 1786 1930. S. 1887 1937, S. 381d Sec. 1887 as amended by Sec. 593e. Commitment to reform school. Transfer. Guardianship. No uncared-for or neglected child between the ages of four and eighteen years shall be sentenced or committed to the Connecticut School for Boys or Long Lane School unless such child shall be found to be delinquent as defined in section 1854, or the court or magistrate making the commitment shall be of opinion that the child’s previous circumstances and life have been such as to make it desirable that such child should be placed under the restraint, care and guardianship of one of said institutions. The directors of either of said institutions may, at their discretion, transfer any such child committed to such institution to the county home of the county from which such child was committed, after reasonable notice to the board of managers thereof. The superintendent of such institution shall im- mediately notify the commissioner of welfare of such transfer, and the expense of supporting the child in such home shall be paid by the state as provided in the case of children committed to temporary homes by process of law. Such transfer shall not divest the institu- tion from which the child is transferred of its guardianship and con- trol over such child unless the same be relinquished by the board of directors of such institution. 1918, S. 1794 Sec. 1888. Religious instruction. Equal privileges shall be granted to clergymen and parents of all religious denominations to impart religious instruction to the inmates of such temporary homes, and to all children under the charge of boards of managers of temporary homes at their several places of commitment or residence, and every reasonable opportunity shall be allowed such clergymen to give to such children as belong to their respective denominations, and to such parents to give to their children, such religious and moral instruction as they may desire; and such boards shall prescribe reasonable times and places when and where such instruction may be given. 1918, S. 1795 Sec. 1889. Parents to contribute to support. Whenever either parent of any child, whether such child is born of lawful wedlock or not, who has been committed by a court to any county temporary home, shall be of sufficient pecuniary ability to contribute to the sup- port of such child, such parent shall contribute such weekly sum for the support of such child as may be agreed upon between such parent and the board of management of such home. Whenever such board shall be unable to make a satisfactory agreement with any parent as above provided, or whenever any parent shall refuse to make any such payment and such board shall be of the opinion that such parent, in either case, is in receipt of such income as to enable him or her to make such payment, such board shall make complaint to the prosecut- ing officer of the town where such parent resides. Such prosecuting officer shall thereupon proceed against such parent as provided in sec- tion 6265, and such parent shall be subject to the penalties and provi- sions of said section. See Secs. 1747, 1895 1918, S. 1787 Sec. 1890. County tax for support of homes. To provide for the expenses of temporary homes in excess of the sum received under sec- tions 1876, 1882 and 1889, the board of management shall present an- nually to the county representatives and senators an estimate of the expense of such homes for the succeeding year, and such representa- tives and senators may, and, in case sufficient funds are not already in the treasury for such maintenance, shall, at their biennial meeting, or. in years in which no biennial meeting is held, at any special meeting duly called in such year, lay a county tax for the maintenance of such home or homes in their county. 1918, S 1788, 1790 Sec. 1891. Extra school expense of town or district. The neces- sary extra expense incurred by any town or school district in provid- Sec. 1889. Cited 127 C. 58. Sec. 1890. Cited 127 C. 57. SOCIAL WELFARE LAWS OF CONNECTICUT 37 ing school accommodations and instruction for the inmates of any tem- porary homes located therein shall be paid by the county as provided in section 1890. The board of managers of temporary homes in any county shall be the judge of what are such necessary extra expenses, and no such expense shall be allowed or collected of such county un- less it shall have been incurred with the approval of such board, nor until the account of the same shall have been audited and approved by such board. Sec. 1892 as amended by Sec. 706c. Reimbursement by counties for school expenses. Whenever the town shall wholly maintain the school at the county home in any county or the school or schools which the children from such county home attend, the total cost of the education of such children shall be paid by the county commissioners to such town, upon certification of the amount thereof by the board of education of such town. See Appendix (XVa). 1918, S. 1789 1930 1931 Sec. 1893. School books and apparatus. The state board of edu- cation, or a committee appointed by said board, may provide books and apparatus to be used at or in any of the public schools in charge of said board at county temporary homes, at an expense not exceeding in any year the amount hereinafter authorized; and the state treasurer, upon the order of the secretary of the state board of education, shall annually pay said state board of education ten dollars for each public school within such temporary homes in charge of said board, for which such books or apparatus are provided, and, if the number of scholars in any such school shall exceed one hundred, the treasurer shall pay to said board ten dollars for each one hundred or fractional part of one hundred scholars in actual attendance at such school. 1918, S. 1791 Sec. 1894. Penalty for removing child from county home. Any person who shall remove or cause to be removed from a temporary home, or from a private home provided by the board of management of temporary homes, any child who has been committed to a tempor- ary home by a town or by any court, shall be fined not less than ten dollars nor more than thirty dollars or imprisoned not more than twenty days or be both fined and imprisoned; provided children so committed may be withdrawn upon the authority of such board or of the selectmen so committing them. 1918, S. 1792 Sec. 1895 as amended by Sec. 709c. Commitment under sixteen restricted. Apportionment of cost of support of children in institutions. No court or justice of the peace shall commit any child under sixteen years of age to any jail, almshouse or workhouse. Any court which shall commit a child to an institution or custodial agency shall deter- mine the pecuniary ability of either or both parents to contribute to the support of such child and shall order such parent or parents to pay such sum for such support as shall be consistent with such pecuniary ability. If such committment shall be to an institution or custodial agency not supported in whole or in part by the state, such order shall direct such parent or parents to pay to such institution the amount specified in such order, provided such amount shall not exceed the actual cost of the support of such child. Such institution or custodial agency may enforce such order by civil suit or by instituting contempt proceedings in the court issuing such order. If such commitment shall he to a county temporary home or to an institution or custodial agency supported in whole or in part by the state, such order shall direct such parent or parents to pay to the state an amount not exceeding the cost to the state of the support of such child in such institution, and the attorney general shall enforce such order by civil suit or by contempt proceedings. If such commitment shall be to an institution or custodial agency supported in whole or in part by the state, except 1918, S. 1806 1921, C. 356, S. 2 1923, C. 174 1930 1935 See Secs. 1889,1902 Sec. 1895. Cited 115 C. 596. 38 SOCIAL WELFARE LAWS OF CONNECTICUT as county temporary home, such court shall certify such commitment to the commissioner of welfare. The town wherein any such child shall be found by said commissioner of welfare to have a settlement, if the same shall be determinable, shall, upon notification by said com- missioner of welfare, pay, quarterly, to the state the difference be- tween the amount, if any, which such court shall have ordered the parent or parents of such child to pay and the amount expended by the state for the support of such child, and, if such court shall have or- dered no payment by such parent or parents, the whole amount thus expended for such support. Such payments shall be due as from the time of such commitment. An appeal shall lie from the finding of said commissioner of welfare to the superior court for the county where such town is situated. The attorney general shall enforce the collection of such amount from such town by civil suit. The provi- sions of this section shall not apply to any commitment to the New- ington Home for Crippled Children. 1937, S. lOOd Sec. 103e. Additional appropriation by counties. When the county commissioners in any county shall deem it necessary that an addition- al appropriation should be made for any item of county expenditure for the fiscal year then current, they shall call a meeting of the repre- sentatives to the general assembly from all the towns in the county and the senators resident in the county, who may make such additional appropriation or appropriations as they deem proper without imposing a tax upon such towns in the manner provided in section 212, provided the necessary funds to meet such additional appropriation or appro- priations shall be made available by a transfer from anticipated sur- pluses from other items contained in the current fiscal year’s budget adopted for the same department of county government for which such additional appropriation or appropriations are required. The county commissioners in any county may, at any time, transfer not to exceed one hundred dollars from any one item to any other item of the budget for the current fiscal year within the same department of county gov- ernment, provided the total amount of such transfers within any one department in any one fiscal year shall not exceed five hundred dol- lars. Guardian and Ward 1918, S. 4860 Sec. 4793. Residence of ward defined. For the purposes of this chapter the residence of a minor shall mean his actual residence and not that imputed to him by the residence of his parents or guardian. 1918, S. 4861 1943 Sec. 4794 as amended by Sec. 647g. Father and mother joint guar- dians; removal. The father and mother of every legitimate child un- Chap.. 250. Probate court has full jurisdiction of persons and estates of minors: jurisdiction of superior court limited to appeals from probate, proceedings incidental to divorce actions, and writs of habeas corpus. 97 C. 442; 99 C. 136. Sec. 4794. Guardian appointed while minor is not of age to choose is guardian till majority of ward, unless removed. K. 287. Mother natural guardian on decease of father. 2 R. 323. Judge not liable in civil actions for appointment of bankrupt as guardian. 1 D, 329. Inequitable contract between guardian and ward will be set aside. 5 D. S49. Guardian not bound to support ward out of his own estate. 2 C 388. Appointment showing jurisdictional fact of residence cannot be attacked ”col- laterally. 2 C. 388; 75 G. 308. Guardian’s authority coterminous with life of ward 4 C. 189. Different kinds o£ guardians. 6 C. 500. Guardian liable on his bond for negligence in not collecting or securing note of nonresident debtor of his ward 30 C. 508. Father was guardian of minor both as to person and property till arrival at majority, prior to 1901. 31 C. 553. Mother’s right as natural guardian inferior to that of guardian appointed by court. 33 C, 328. Guardian used in statues mean' guardian appointed by court. 33 C. 327. Father cannot transfer his right to custody to mother. 34. C. 263. Court has no discretion in matter of appointment if person chosen is suitable. 38 C. 304. History of statutes relating to guardian 58 C 319 Guardian has no power to bind estate of ward by contract. S3 C. 119 Guardian pri- SOCIAL WELFARE LAWS OF CONNECTICUT 39 dei- twenty-one years of age are constituted joint guardians of the person of such minor, and the powers, rights and duties of the father ana the mother in regard to such minor shall be equal. Upon the death of either father or mother, the surviving parent of such child shall become the sole guardian of the person of such child. The mother of each illegitimate child under twenty-one years of age shall be the sole guardian of the person of such child. Upon the applica- tion of a selectman of the town in which any such minor resides or of a relative of any such minor, praying for the removal as guardian of one or both of the parents of such child, the court of probate for the district in which such child resides shall set a time and place for a hearing on such application and shall order notice thereof to be given by registered mail or otherwise to the parents of such child at least five days before the time set for such hearing, unless a written waiver of such notice, signed by the parent to be affected thereby, shall be lodged in such court or unless the court, shall find that such minor has no parent in the United States. If it shall appear that the location or address of a parent of such child is unknown, notice to him or her may be given by publication in some newspaper having a circulation in the last known place of abode of such parent at least five days before the time of such hearing. If such court shall find that notice to the par- ent or parents has been duly given as directed in such order, or that a waiver has been filed as hereinbefore provided, and that either or both are unfit persons to have charge of such child or have abandoned or neglected to make suitable provisions for the support or education of such child or are not residents of the United States or, if the judge, after an investigation made at his request by the commissioner of welfare or by any institution or agency accredited by said commis- sioner, shall find, after such notice and public hearing, that the re- moval of the parent or parents as guardians is for the best interests of the child, it may remove as guardian such parent or parents. If of two parents only one shall be removed, thq other parent shall there- upon become sole guardian of the person of such minor. If both parents or the sole living parent shall be so removed, such court shall thereupon appoint a guardian of the person of such minor subject to the provisions of section 4797. Any guardian of the person of a minor so appointed may be removed by the court of probate making such ap- pointment and another person appointed guardian of the person if the court of probate making such appointment shall, after like notice to such guardian, and hearing, find such removal and the appointment of a new guardian to be for the best interests of such child. This sec- tion shall not affect the order or decree of any court made prior to August 1, 1917, as to the custody of any minor. Sec. 4795. Order as to custody of minor pending application for removal of guardian. Enforcement. When application shall have been made for the removal of one or both parents as guardians or of any other guardian of the person of such child the court of probate to which such proceeding is brought may, if it deem it necessary, order the custody of such child to be given to some proper person pending 1918, S. 4862 marily responsible to minor rather than court, and a suit on bond proper remedy for neglect of that duty. 43 C. 76. Father has no rights iri> estate of son. 76 C. 430. Powers and duties of guardian of estate. 77 C. 379. Guardian has authority only, not title to property; ordinarily represents ward ini action. 76 C. 431; 93 C. 37; 111 U. S. 566. Right of guardian to compromise claim for personal injury. 84 C. 594. Notice as to appointment under former law considered. 67 C. 366. Settlement of account of guardian by his executor; liability where ward’s funds mingled with his own 69 C, 259. What constitutes residence of child. 69 C. 301. False represen- tation of guardian cannot affect estate. 72 C. 167. Liabilities where administrator of estate is also guardian of distributees. 75 C. 410; 80 C. 111. State where land is situated has sole right to appoint guardian of estate of minor as to it. 178 U. S. 186. Statute applies even though parents are living apart. 99 C. 157; and even though custody during most of year is awarded to mother. Ibid. Guardian may not be ap- pointed over illegitimate child until removal of mother under this section. 100 C. 206. Abandonment of minor son by father emancipates son; effect on dependency of mother under compensation act. 105 C. 420. 40 SOCIAL WELFARE LAWS OF CONNECTICUT the determination of the matter, and may, if either or both parents be removed as guardians or if any other guardian of the person be re- moved, enforce its decree, awarding the custody of the child to the per- son or persons entitled thereto, by a warrant directed to the proper officer commanding him to take possession of the child and to deliver such child into the care and custody of the person entitled thereto. Such officer shall make return to such court of its doings thereunder. Sec. 4796. Appointment of guardian for minor; rights same as of sole surviving parent. When any child under the age of fourteen years has no parent or guardian of his person, the court of probate for the district in which such child resides may, on its own motion, ap- point a guardian of the person of such child. Such court, in appoint- ing a guardian of the person of any minor, shall take of such guardian a bond, but such bond may be without surety. Such guardian shall have the same right to the custody and control of the child which the sole surviving parent of a child has. 1918, S. 4863 1918, S. 4864 Sec. 4797. Right of minor fourteen years old to choose guardian. If any minor child fourteen years of age or over shall have no parent or guardian of his person, the court of probate for the district in which the minor resides may notify him to appear and choose some person to be guardian of his person, and, if such court shall approve of the per- son so chosen, it shall appoint him, but, if it shall disapprove of such person or if such person shall fail to accept and qualify, the minor may choose some other person to be approved and appointed as afore- said; but, if such minor shall fail to make a choice of a person ap- proved of by such court who will accept and qualify, such court may appoint such person as it may deem advisable. 1918, S. 4865 See Sec. 1808 Sec. 4798. Appointment of guardian for minor’s estate. When a minor is entitled to estate the court of probate for the district in which such minor resides may assign a time and place for a hearing on the appointment of a guardian of the estate of such minor, and shall cause the same notice thereof to be given to the parents or guardian of the person of such minor as provided in section 4794 as to hearings on the removal of the parent, subject to waiver of notice as provided therein, and shall also notify such minor to be present at the same time and place if he is fourteen years of age or over; and, if such court shall find that there is no guardian of the estate of such minor, it may ap- point one of the parents or the guardian of the person of such minor to be guardian of his estate. If neither parent nor such guardian of the person of such minor will accept such appointment, or if the par- ents or guardian of the person of such child are not proper persons to act as guardian of his estate, then such court may appoint any proper person chosen by such minor if such minor be fourteen years of age or over; but, if such minor shall neglect to make choice or fail to choose a proper person or be not of sufficient age, the court of probate shall appoint some proper person, who, as guardian of the estate of such minor, shall have charge of all estate of such minor, whether acquired thereafter or theretofore, but shall have no control over his person; and, when a female infant having a guardian shall marry and shall own or thereafter acquire property, the guardinship as to such prop- erty shall continue during her minority. 1918, S. 4866 Sec. 4799. Only guardian of estate to receive or use minor’s prop- erty. No parent of a minor child, guardian of the person of a child Sec. 4797. If person chosen is suitable, court must approve. 75 C. 311. So where minor chooses bank. 94 C. 652. Cited 97 C. 443. See note to Sec. 4794. Sec. 4798. Must be appointment of guardian of estate if minor is to be paid a sum in excess of one hundred dollars. 99 C. 179. Cited94 C. 649; 100 C .55. Sec. 4799. Delivery of money to mother is not payment to child. 99 C. 179. Subject to guardianship of estate, a minor child is entitled to immediate possession of full amount recovered as damages for personal injuries. 100 C. 55. This statute does not apply to an award for the support of a minor child. 121 C. 504. SOCIAL WELFARE LAWS OF CONNECTICUT 41 or husband of a minor wife, shall receive or us© any property belong- ing to such child or wife to an amount exceeding one hundred dollars in value unless appointed guardian of the estate of such minor. Sec. 4800. Bond to be filed by guardian. No appointment of a guardian of the estate of any minor shall take effect until the person appointed shall have filed in the court of prohate making the appoint- ment a bond as provided in section 4787. 1918, S. 486 Sec. 4801. Guardian of non-resident minor. When a minor resid- ing without this state and having no guardian within this state shall own estate in this state, the court of probate for the district in which such estate or any part thereof may be may appoint a guardian of such minor who shall have the charge and management of such estate. 1918, S. 4868 Sec. 4802. Testamentary guardian. The surviving parent of any minor may by will appoint a guardian of such minor and the person so appointed shall, on giving a probate bond, have the same power over the person and estate of such minor as guardians appointed by the court of probate; but no such appointments shall supersede the ap- pointment of a guardian theretofore made by the court of probate hav- ing jurisdiction. The ward of a testamentary guardian, however, may, when of legal age for choosing a guardian, choose a guardian of his person to supersede such testamentary guardian; and the guardian so chosen when approved by the court of probate of the district wherein such ward resides, upon giving a sufficient bond, shall be the guardian of the person of such ward; but, when the custody of any child shall have been committed to either parent by the superior court, such par- ent alone shall have the power of appointing a guardian as aforesaid, who shall receive such trust subject to the control of the court of pro- bate as hereinbefore specified and also subject to the provisions and restrictions to which such trust was subject in the hands of such parent at the time of his decease. 1918, S. 4869 Sec. 4803. Lease of minor’s real estate. The guardian of any minor may lease real estate of his ward upon such terms and for such length of time, not extending beyond the minority of the ward, as the probate court of the district in this state by which such guardian was ap- pointed, upon application and due hearing, after public notice, shall approve. 1918, S. 4872 Sec. 4804. Inventory of ward’s property. Each guardian appointed by a court of probate shall return to the court appointing or approving him, within two months after the acceptance by such guardian of such trust, an inventory under oath of all the property belonging to his ward, if any there be. Any guardian who shall not return such inventory to such court within said time shall be fined not more than twenty dollars. 1918, S. 4873 1918, S. 4874 1919, C. 47 1921,C. 125 1939, S. 1286e 1941 Sec. 4805 as amended by Sec. 1286e and Sec. 688f. Guardian ad litem for minor in probate proceedings. When, in any proceeding before a court of probate or the superior court, whether acting upon an appeal from probate or otherwise, it shall appear that one or more persons as individuals, or as members of a designated class or other- wise, have or may have an interest in such proceeding, and that one or more of such persons are minors, incompetent persons or persons undetermined or unborn at the time of such proceeding, •** the couit may appoint a guardian ad litem for any of such minors, incompetent, undetermined or unborn persons, or may appoint one guardian ad litem for two or more of such minors, incompetent, undetei mined oi Sec. 4801. Guardian appointed under this section has no title to ward s prop- erty. 76 C. 430. Sec. 4805. Only appointed in behalf of infant respondents. 30 C. 285. .Recog- nition of attorney representing infants as guardian ad litem held, under facts, equiva- lent to appointment. 93 C. 595. 42 SOCIAL WELFARE LAWS OF CONNECTICUT unborn persons. Any order or decree passed or action taken in any such proceeding shall affect all such minors, incompetent persons 01 persons thereafter born or determined for whom such guardian ad litem has been appointed, in the same manner as if they had been of full age and present in court after legal notice at the time of such action or the passing of such order or decree. Any appointment of a guardian ad litem may be made with or without notice, and, if it shall appear to such court that it is for the best interests of a minor having a parent or guardian to have as guardian ad litem some person other than such parent or guardian, such court may appoint some disin- terested person to be such guardian ad litem. When such appoint- ment shall be made in connection with the settlement of the estate of a deceased person, or the settlement of the account of a trustee or other fiduciary, the person so appointed shall be authorized to repre- sent such minor, incompetent, undetermined or unborn person in all proceedings for the settlement of such estate or such account and sub- sequent accounts of such trustee or other fiduciary, or until his ap- pointment be terminated by death, resignation or removal. Such guar- dian may be removed by the court which appointed him, without notice, whenever it shall appear to such court to be for the best interests of the ward or wards of such guardian. Any guardian ad litem appointed under the provisions of this section may be allowed reasonable com- pensation by the court appointing him and the same shall be paid as a part of the expenses of administration. 1918, S. 4875 Sec. 4806. Removal by foreign guardian of ward’s personal prop- erty. When any personal property in the state belongs to any person residing out of this state who has a guardian, trustee or other legal custodian of his estate, appointed under the laws of the place of his residence, such custodian may apply in writing to the court of pro- bate of the district in which the principal part of such estate in this state is, alleging that he has been legally appointed such custodian in the jurisdiction in which the person to whom such estate belongs resides, that he has given bond and security therein in an amount double the value of all the estate of such person and that a removal of such estate from this state will not conflict with the terms and lim- itations by which such person owns it. If such court shall find such allegations true and the applicant shall file in such court for record an exemplified copy of the record of the court by which he was appointed, it may, after a hearing upon such application, upon such notice as it shall order to the person having such in his custody and to the owner thereof, and after due proof that all known debts chargeable against it and contracted in this state have been paid or satisfied, appoint such applicant to be guardian, conservator or trustee of such estate without further bond and authorize the person having such estate in his custody to deliver it to such applicant, who may demand, sue for and recover it and remove it from this state. See Sec. 4838 1918, S. 4876 Sec. 4807. Removal by foreign guardian of proceeds of sale of ward’s real estate. Whenever any foreign guardian of a minor also residing without this state has obtained or shall obtain an order to sell real estate of such minor situated in this state from any court of pro- bate in this state having jurisdiction and has given bond as provided by law, the court of probate granting such order may, upon like ap- plication and like proceedings had as specified in section 4806, author- ize such foreign guardian to receive the proceeds of the sale of such real estate sold under order and to remove same out of this state into the jurisdiction in which such guardian and his ward reside, and such guardian and his surety shall thereupon be discharged from all lia- bility on such bond. Sec. 4806. Scope of section; property may be turned over without order o'f court; liability of surety on bond in this state where property not turned over. 75 C. 414; 80 C. 119. SOCIAL WELFARE LAWS OF CONNECTICUT 43 Sec. 4808. Guardians of minors may make partition. When any minors shall be interested in any real estate as tenant in common with any other person, the guardian of such minor may, by an instrument in writing executed as deeds of land are executed, make partition of such real estate with the other parties in interest, but no such deed of par- tition shall be valid until the approval of the court of probate having jurisdiction of the estate of such minor shall be indorsed thereon; and such deed of partition and the approval of the court of probate shall be recorded in the land records of the town or towns where the land is situated. 1918, S. 48 ADOPTION Sec. 648g. Adoption of children. Any of the following-named per- sons may, by written agreement, subject to the approval of the court of probate as hereinafter provided, give in adoption to any person any minor child in his charge as herein set forth: The parents or guar- dian of the person of any child under the age of fourteen years, the selectmen of any town having in charge any foundling child, the mother of any child born out of wedlock, the parents or guardian of any minor child over fourteen years of age, with his written consent, the board of managers of any child-caring institution or organization or any children’s home or similar institution incorporated by act of the general assembly or organized under the provisions of the general statutes relating to corporations without capital stock, whose objects and purposes are charitable and which holds a license from the com- missioner of welfare, by its secretary and with the written consent of the parents, if any, of any minor inmate of such institution, and of such minor if over fourteen years of age, the commissioner of welfare or the board of management of any temporary home for dependent and neglected children having the custody of any minor committed thereto, by its chairman or secretary, with the consent of any such minor more than fourteen years of age. 1943 Sec. 649g. Application and agreement of adoption. Investigation and report by Commissioner of Welfare. Hearings and decrees. Each adoption matter shall be instituted by filing an application in a probate court, together with the written agreement of adoption, in duplicate. The application shall be signed by one or more of the par- ties to the agreement. The application and the agreement of adoption in case the minor is an inmate of a child-caring institution, children’s home or similar institution or organization or any temporary home for dependent and neglected children, shall be filed, in the court of probate, for the district where such institution is located and in all other cases the application and the agreement of adoption shall be filed in the court of probate for the district where the natural parent or guardian of the person of the child or the adopting parent resides. One of such duplicates shall be sent forthwith to the commissioner of welfare. The court of probate shall request the commissioner of wel- fare or one of the organizations or institutions specified in the pre- ceding section to make an investigation and written report to it, in duplicate, within thirty days from the receipt of such request. The report shall indicate the physical and mental status of the child and shall contain such facts as may be relevant to determine whether the proposed adoption will be for the welfare of the child, including the physical, mental, social and financial condition of the parties to the agreement and the natural parents of the child, if known. The re- ligious affiliations of the child, the parties to the agreement and the natural parents of the child, if known, shall also be included in the report. Upon receipt of such report the probate court shall set a day for a hearing upon the agreement and shall give reasonable notice thereof to the parties to the agreement and to the child, if over four- 1943 44 SOCIAL WELFARE LAWS OF CONNECTICUT teen years of age. At the first hearing the court of probate may deny the application or it may order a further investigation and written report to be filed, in duplicate, within such time as it shall direct, one copy of which shall be sent to the commissioner of welfare, and may adjourn the hearing to a day subsequent to that fixed for filing the report. Any such report shall be admissible in evidence subject to the right of any interested party to require that the person making it appear as a witness, if available, and subject himself to examination. The court of probate, if satisfied that the proposed adoption will be for the best interest of the child, may enter an interlocutory decree approving the adoption until the matter is finally determined, and shall designate a day not less than twelve months nor more than thirteen months thereafter when the matter of finally approving the adoption will be heard. At such hearing, the court of probate, if sat- isfied that such adoption should be finally approved, shall enter its decree to that effect, or it may continue the matter for further inves- tigation in accordance with the procedure hereinbefore provided. The interlocutory decree shall not be set aside without sound cause which shall be duly specified and entered into the record. The court of probate may enter a final decree approving the adoption at the first hearing, if it is satisfied that such adoption is for the best interest of the child. At any time during the period when the interlocutory de- cree is in force the court of probate on application of any party to the agreement or the commissioner of welfare and after a hearing rea- sonable notice of which shall be given to the parties to the agreement, to the commissioner of welfare and to the child, if over fourteen years af age, may enter a final decree approving the adoption; and on like application and notice the court of probate may at any time during said period set aside the interlocutory decree. The court of probate shall ascertain as far as possible the date of birth and the place of birth of the child and shall incorporate such facts in the final decree. 1943 Sec. 650g. Records to be confidential. The state of Connecticut shall furnish each court of probate with an index and a book in which shall be recorded only applications, agreements and decrees in adop- tion matters. Such court shall also maintain files which shall be used for the filing of sealed envelopes, each of which shall contain all the papers filed in court in respect to an adoption. Said envelopes shall be marked only with the words “Adoption Matter” and the names of the adopting parents and the name borne by the minor before the adoption. No person other than the adopting parents or the child, if over twenty-one years of age, shall have access to said envelopes on file except upon order of the court of probate rendering the decree or any other court of competent jurisdiction. See penalty following under Sec. 89g. 1943 Sec. 651cj. Husband and wife to join in adoption. No married per- son shall adopt a child unless both husband and wife join in the adop- tion agreement, except that the court of probate may approve an adoption agreement by either of them upon finding that there is suffi- cient reason why the other should not join therein. When one of the parents of a minor child has died and the surviving parent has re- married, or when the mother of a child born out of wedlock has mar- ried, or when a single person has adopted a minor child and there- after marries, the person with whom such remarriage or marriage is contracted may, at any time before such child arrives at full age. become an adopting parent of such child, upon filing a written dec- laration, in duplicate, of his desire to adopt or join in the adoption of such child, in the court of probate for the district within which such child resides and upon the approval by the court of the adoption or joinder in the adoption in accordance with the procedure hereinbefore provided for the approval of an agreement of adoption. When a married person prior to July 1, 1886, had legally adopted anv child and SOCIAL WELFARE LAWS OF CONNECTICUT 45 the husband or wife of such person did not originally join in such adoption, but such husband or wife afterwards became an adopting parent with the approval of the court of probate for the district in which the original agreement of adoption was approved, during the minoiity of such child and while the original agreement of adoption and the decree of the court approving it remained in full force, by lodging for record with such court a written declaration of an inten- tion to adopt such child, signed by both husband and wife, the re- lationship of parent and child so established shall remain in effect, and such child shall have the rights of inheritance hereinafter pro- vided for. Sec. 652g. Inheritance by and from adopted children. The rights of inheritance by and from an adopted child shall be as hereinafter set forth and such rights shall become operative upon the entry of a final decree approving the adoption. An adopted child shall inherit estate from his adopting parent or parents or their relatives as though he were the natural child of such parent or parents and he shall not in- herit estate from his natural parents or their relatives. The adopting parent or parents or their relatives shall inherit the estate of an adopted child in case he shall die intestate as if they had been his natural parents and the natural parents or their reltiVes shall not inherit from him. 1943 Sec. 89g. Birth certificates of adopted persons. The state depart- ment of health shall furnish to each court of probate forms to be filled in by the adopting parents, who shall give the information required to be set forth in a certificate of birth in this state as of the date of the final approval of the adoption, except the names of the natural parents of the child. The court of probate shall send such completed form to the state department of health with a certified copy of the final de- cree of approval. The state department of health shall, upon receipt of such form and the certified copy of the final decree, prepare a cer- tificate containing all the data usually contained in a birth certificate except that the adopting parents shall be named as the parents in- stead of the natural parents. A copy of such certificate shall be sent to the registrar of vital statistics in each town in this state in which the birth of the adopted person is recorded. In the event that the birth of the adopted child is not recorded in any town in this state, the state department of health shall send the certificate to the registrar of vital statistics in the town where the adopting parents reside and the cer- tificate shall be filed in the same manner as other certificates, without the birth certificate being attached. Said certificate shall be attached to the certificate of birth on file and both shall be placed in a sealed en- velope and shall be filed in a separate file from the usual certificate and indexed, under such regulations as the state department of health may make to carry out the provisions of this act and to prevent access to the records of birth and adoption and the information therein con- tained without due cause, except as herein provided. No person ex- cept the adopted child, if over twenty-one years of age, or the adopting parents shall have access to the records or information concerning the adoption in the files of the department or the registrar, nor shall any one other than they be entitled to copies of any such records, ex- cept upon written order of the judge of the probate court wherein the adoption was approved or upon written order of some other court of competent jurisdiction. Penalty see next page. 1943 Sec. 501g. Methods of recording vital statistics. The state de- partment of health is authorized to make such changes in the method provided in sections 2384 and 2386 of the general statutes or in any other existing method of recording, preserving or indexing vital sta- tistics in this state, and to prepare such forms and make such regu- lations as it shall deem necessary to insure the carrying out of the 1943 46 SOCIAL WELFARE LAWS OF CONNECTICUT provisions of this act by the registrars of vital statistics and by the bureau of vital statistics of said department. Section 2387 of the gen- eral statutes shall not apply to registrars of vital statistics complying with such changes and regulations, provided such registrars shall have complied in all other respects with the provisions of the statutes to which said section 2387 is applicable. 1943 Sec. 89g and 650g. Penalty. Any person, except the adopting parents or the adopted child, who discloses any information contained in the papers or records of the probate court or of the registrar of vital statistics, concerning an adoption, except as herein provided, shall be fined not more than five hundred dollars or imprisoned not more than six months or both. 1943 Sec. 654g. Change of name of adopted persons. Any court of pro- bate, as part of its approval of any agreement of adoption or decla- ration of an intention to adopt, may change the name of the person adopted, as requested by the adopting parent or parents; and any change of name heretofore prescribed by such court is validated and confirmed. 1918, S. 4882 Sec. 4813. Adoption of adults. Any person of full age may, by written agreement with another person of full age, younger than him- self, unless such other person is his or her wife, husband, brother, sis- ter, uncle or aunt of the whole or half blood, adopt such other person as his child, provided such written agreement be approved by the court of probate for the district in which the adopting parent resides or, if such adopting parent is not an inhabitant of this state, for the dis- trict in which such adopted person resides. Such court of probate shall, upon presentation of such agreement of adoption for approval, cause public notice to be given of the time and place of hearing there- on, and, if on such hearing the court shall find that it will be for the welfare of such adopted person and for the public interest that such agreement be approved, it may pass an order of approval thereof and cause such agreement and such order to be recorded, and thereupon such adopted person shall become the legal child of the adopting per- son, and such adopting person shall become the legal parent of such adopted person, with all the reciprocal rights and duties of a natural parent and child. If the adopting parent shall have living a husband or wife who shall be competent to join in the agreement of adoption, such husband or wife shall join therein, and, upon the approval of such agreement, the adopted person shall be in law the child of both. Such adopted person, by virtue of such adoption, shall inherit estate from his adopting parent or parents, or the relatives of such adopting parent or parents, as though such adopted person were the natural child of such adopting parent or parents, and shall not inherit estate from his natural parents or relatives; and, in case of the death of such adopted person intestate, the adopting parent or parents and the relatives of the adopting parent or parents shall inherit the estate of such adopted person in the same manner as they would inherit the same had the adopted person been the natural child of such adopting parent or par- ents. When one of the natural parents of an adult shall have died and the surviving parent shall remarry, the person with whom the re- marriage shall be solemnized may become an adopting parent without the natural parent joining in such adoption except to consent in writ- ing and upon the approval of such court, such adopted person shall be in law the child of both and shall inherit estate from both such par- ents, or the relative of both such natural and adopting parents, but shall not inherit estate from the relatives of the parent who died prior to such adoption, and, in case of the death of such adopted person in- testate, the adopting parent and the natural parent who at the time of Sec. 4813. Written agreement may be supplemented by oral agreement as to property settlement. 96 C. 478. SOCIAL WELFARE LAWS OF CONNECTICUT 47 such adoption was married to the adopting parent, and the relatives of such parents, shall inherit the estate of such adopted person in the same manner as they would inherit the same had the adopted person been the natural child of both such adopting parent and such natural parent, and the relatives of the deceased natural parent, who are not relatives of the surviving natural parent, shall not inherit such estate. Sec. 4814. Husband or wife of adopted adult to consent. No agree- ment of adoption between persons of full age shall be approved with- out the written consent of the husband or wife, if any, of the adopted person. 1918, S. 4883 Sec. 4880. Implied and express revocation of will. If, after the making of a will, the testator shall marry or a child shall be born to the testator or minor child shall be legally adopted by him, and no provision shall have been made in such will for such contingency, such marriage, birth or adoption of a minor child shall operate as a revoca- tion of such will. No will or codicil shall be revoked in any other manner except by burning, canceling, tearing or obliterating it by the testator or by some person in his presence by his direction, or by a later will or codicil. 1918, S. 4946 1927, C. 227 Sec. 4980. Order of distribution. After distribution shall have been made to the husband or wife of the intestate of such portion or share of the estate of the intestate as such husband or wife is en- titled to by law, all the residue of the real and personal estate shall be distributed in equal proportions, according to its value at the time of distribution, among the children and the legal representatives of any of them who may be dead, except that children or other descendants who shall receive estate by advancement of the intestate in his life- time shall themselves or their representatives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made. Children born before marriage whose par- ents afterwards intermarry shall he deemed legitimate and inherit equally with other children. 1918, S. 5061 1929, C. 58, S. 18 See Secs. 5156, 5158, 5171 Bastardy Proceedings Sec. 2030. Support; when and how furnished' by creditor. Ex- ception. No jailer shall be required to receive into his custody any prisoner committed to jail on civil process unless the plaintiff in such process shall deposit with such jailer, at the time of such commitment, money for the support of such prisoner for one week at least at the rate established for his weekly maintenance, and thereafter at the same rate weekly in advance, so long as such prisoner shall remain in the custody of such jailer; and such jailer shall not be required to re- tain such prisoner beyond the time for which such maintenance shall have been paid, provided the payment of such board shall not he re- J918, S. 1983, 1984 Sec 4980 Deed with merely nominal consideration presumed to be advancement. 3 C 34 Illegitimate child inherits from mother. 5 C. 232 Advancement by un- authorized agent inoperative. 6 C. 311. Gifts are presumed to be advancements. C p hut see 20 C 326. Advancements are to be brought in and made subject of distribution. 7 C. 5;’see 64 C. 419. Intent governs as to whether property is gilt, advancement, or partly each. 16 C. 388; 20 C. 327. Specific legacies not advance- ments 17 C 545 Gift cannot be subsequently changed to advancement. 23 C. 521. Widow’s share in personal estate vests instanter on death of husband 26 C. ,>52. r on. 69 V< 625- 72 C 154; 74. C. 131. This section legitimatizes children ifefore for all purposes. 69 C. 303; 90 C; 168. Illegitimate children may inherit from mother. 88 C. 270. Intention determines between loan and ad- vancement; latter can be converted into former only by consent 79 C. 365. Advance- ment'not chargeable against widow’s third. 64 C 419. State where land lies de- termines as to its transmission by inheritance. 1/8 U. b. Sec 2030 The law has since 1810 cast the support of the debtor upon the cred- itor- money paid therefor is added as costs on the execution. 49 C. 87. 48 SOCIAL WELFARE LAWS OF CONNECTICUT quired while such prisoner is at large within the jail limits. rlhe pro- visions of this section shall not apply to commitments on mesne or final process in bastardy cases, nor to commitments under the terms of judgment or decree. 1918, S. 6006 1927, C. 244, S. 1 1930 1937, S. 849d 1941 Sec. 5867 as amended by Sec. 1418e and Sec. 855f. Bastardy com- plaint by mother. Any woman pregnant with or who has been deliv- ered of a child out of lawful wedlock, upon filing with a commissioner of the superior court the certificate of a reputable physician certify- ing that after personal examination of the person of the complainant such physician belives that the complainant is pregnant or has been delivered of a child, may complain on oath to such commissioner of the superior court against the person she charges with being the father of such child, and such commissioner of the superior court shall there- upon issue a warrant and cause such person to be brought before some proper authority, provided, in all towns in which there is a town, city, borough or police court having civil jurisdiction, such court shall have the same authority that is or may be exercised by justices of the peace in such town. If the court shall find probable cause, or, in the event of the court failing to find probable cause and the plaintiff appealing as hereinafter provided, it shall order such accused person to become bound to the complainant with surety to appear before the next court of common pleas for the county in which the com- plainant shall dwell, and abide the order of such court, and, on his failure to do so, shall commit him to jail; but, if the complainant shall dwell in New Haven county, within the judicial district of Waterbury. the accused shall be bound in like manner to appear before the next court of common pleas for said district. If the court shall fail to find probable cause, such finding shall be a bar to any further proceeding for the same cause of action, provided the complainant, upon com- plying with the provisions of section 5442, shall be allowed to appeal to the court to which the defendant might have been bound over if probable cause had been found. 1918, S. 6007 Sec. 5868. Continuance of case; evidence. Such court may order the continuance of such case, and the renewal of such bond, if neces- sary; and, if such woman shall continue constant in her accusation, it shall be evidence that such accused person is the father of such child. Sec. 5867. This is not a criminal proceeding’. 2 C. 360; 53 C. 525; 85 C. 327. The may adjourn the hearing and require the defendant to give bonds for appear- ance at the adjourned day. 32 C. 222, 223; 105 C. 389. The justice may belong to the town interested. 1 D. 278. Suit by a woman under age; 2 C. 360; by husband and wife. 1 R. 230. Refusal to give bond on binding over is not a forfeiture of recognizance to appear and abide the order of the lower court. 51 C. 497. Higher court can acquire jurisdiction only by a binding over. S3 C. 526. Presence of de- fendant not essential to the jurisdiction of the higher court. 53 C. 527. Jurisdiction of higher court not affected by failure of justice to commit the defendant for want of bond. S3 C. 526. Bond by putative father for support of child held valid. 54 C. 419. Defective complaint held to have been waived. 58 C. 286, 287. What declarations are and what are not admissible; other evidence. 47 C. 186; 58 C. 287-292; 67 C. 339; 78 C. 65; 79 C. 97; 81 C. 7. Nature of proceedings. 68 C. 47. Statute must be strictly followed; arrest by indifferent person void; so arrest of one brought wrongfully into jurisdiction. 85 C. 327. Allegation that reputable physician certified that complainant was pregnant not required; allegations held sufficient. 93 C. 322. Bond may be ordered to insure defendant’s attendance at adjourned sessions of the justices court; sole issue before justice is question of probable cause. 105 C. 389, 390. Sec. 5868. There can be no trial till the child is born. 1 R. 345. Discharge by mother. Ib., 320. The mother, if plaintiff, must be put to the discovery at the time of her travail, if possible. 2 R. 492; 1 R. 107. And must be examined, though the defendant does not appear. 1 R. 345. Cross-examination of the defendant. 28 C. 313, 314. It is not a prerequisite to a suit by the mother that she should have been put to discovery in the time of' her travail. 43 C. 484; 47 C. 186; 81 C. 7; 93 C. 320; 108 C. 673. Proof of constancy in accusations not necessary to make out prima facie case; statute merely' makes constancy of accusation competent evidence. 93 C. 320; 108 C. 673. If accusations are constant, a prima facie case is mades, out by the plaintiff; and this is rebuttable only by evidence other than the defendant’s own testimony. Id., 674. Ch. 304. In this state, bastardy proceedings are civil and not criminal in their nature and the general rules respecting civil actions are applicable to them. 118 C. 306. SOCIAL WELFARE LAWS OF CONNECTICUT 49 Sec. 5869. Judgment and order of court. If the defendant shall be round guilty, the court shall order him to stand charged with the maintenance of such child, with the assistance of the mother, and to pay a certain sum weekly, for such time as the court shall judge prop- er, and order that the clerk of the court shall issue execution for the sapje monthly; and the court shall ascertain the expense of lying-in and of nursing the child until the time of rendering judgment, and order him to pay half thereof to the complainant, and shall grant exe- cution tor the same and costs of suit; and may require him to become hound with sufficient surety to perform such orders for maintenance and the expense of lying-in and nursing and to indemnify the town chargeable with the support of such child from any expense for its maintenance, and, if he shall fail to comply with any such order, may commit him to jail, there to remain until he shall comply therewith; but, if it shall appear that the mother does not apply the weekly al- lowance paid by him toward the support of such child, and that such child is chargeable, or likely to become chargeable, to the town where it belongs, the court, on application, may discontinue such allowance to the mother, and may direct it to be paid to the selectmen of such town, for such support, and may issue execution in their favor for the same. The clerk of the court which shall have rendered judgment for the payment of money for the maintenance of any child under the pro- visions of this section shall, within twenty-four hours after such judg- ment shall have been rendered, notify the selectmen of the town where the child belongs; and such selectmen shall have general supervision of the welfare of such child during the continuance of such order. 1918, S. 6008 1927, C. 244, S. 2 Sec. 5870. Settlement of bastardy case; what consent essential* No complaint shall be withdrawn, dismissed or settled by agreement of the mother and the putative father of any bastard child, without the consent of the selectmen of the town in which such mother has her settlement or residence, or the consent of her parent or guardian, un- less provision shall be made to the satisfaction of the court to relieve such parent, guardian or town from all expense that has accrued, or may accrue, for the maintenance of such child and for the cost of com- plaint and prosecution thereof. No settlement made by the mother and father, or the guardian of the mother or father, before or after such complaint shall have been made, without the approval of the selectmen of the town chargeable with the support of such bastard child, shall relieve the father from liability to such town for such child’s support. 1918, S. 6009 Sec. 5871. Town may maintain bastardy suit, when. The town in- terested in the support of a bastard child, when sufficient security shall not be offered to indemnify it against all expense for its support, may, if the mother shall neglect to bring such a suit, institute a suit against the person accused of begetting such child, and may take up and pur- sue any suit commenced by the mother for the maintenance of such child, in case she shall fail to prosecute to final judgment; and any bond given by the defendant in such case to the complainant shall have the same effect as if given to such town; and, if the defendant shall be found guilty, the court shall make an order that he shall give 1918, S. 6010 Sec. 5869. Form of finding and judgment. 2 C. 157; 3 C. 585; 5 C. 426. “Main- tenance” defined. 2 C. 157; 4 C. 566; a67. Form of bond. 2 R. 497; 1 R. 230. Burial expenses of the child do not fall within “lying-in or nursing” expenses. 67 C. 345. Amount and duration of weekly payments rest in discretion of court. 93 C. 324; requiring payments until child is fourteen held reasonable. Ibid. Judgment for defendant in bastardy action held a bar to subsequent action for seduction brought by father of original plaintiff. 104 C. 587, 592. Sec. 5870. Promise not to bring suit is a good consideration. 68 C. 48. Sec. 5871. Proof that the mother was examined in her travail, unnecessary, if selectmen sue. 1 D. 278. Her testimony also unnecessary. 6 C. 44. Necessary averments in declaration. 6 C. 44; 5 C. 424; 7 C. 289. The suit may be commenced by forthwith process. 7 C. 289. Only one selectman need swear to the complaint. 6 C, 44. The judgment cannot be for a weekly sum. 28 C. 444. 50 SOCIAL WELFARE LAWS OF CONNECTICUT a bond with sufficient surety to such town, to indemnify it against all expense for the maintenance of such child, and pay the costs of prosecution; and, on failure to comply with such order, may commit him to jail there to remain until he shall comply therewith. 1918, S. 6011 Sec. 5872. Bastardy suit may be compromised by selectmen. When any town shall have brought a suit under section 5871, the selectmen of such town may compromise such suit on receipt of a fixed sum, or of security for the payment thereof for the benefit of the town, instead of prosecuting the same to final judgment. 1918, S. 6012 Sec. 5873. Continued liability of one committed for bastardy. No person committed to jail for failure to comply with an order of the court as provided in sections 5867, 5868, 5869 and 5871, or any of them, shall be entitled to any of the privileges allowed other prisoners on civil process, or to take the oath provided for poor debtors, within six months from the date of such commitment, but shall be kept at hard labor during such six months; and the mother of such bastard child, or the town chargeable with its support, may, at any time after the liberation of such prisoner, or after his taking said oath, recover the sum or sums, due from him in pursuance of such order of court. 1918, S. 6013 Sec. 5874. Support of defendant while imprisoned. The complain- ant shall not be required to pay or give security for the support of the defendant during his confinement in jail, nor shall such defendant be discharged from imprisonment by reason of payment or security not being made or given for his support, but the jailer shall furnish such support and may recover the cost of the same from such defendant, or, in case of his Inability to pay such cost, from the town where he shall belong; and, in case he shall belong to no town in this state, such cost shall be paid by the state. 1918, S. 6014 Sec. 5875. Evidence of good character admissible. Evidence of the good character of the accused for morality and decency, prior to the alleged commission of the offense, shall be admissible in his favor in bastardy proceedings, and may be rebutted by evidence showing a contrary character at such time. 1918, S. 6015 Sec. 5876. Either party may demand jury trial. In any prosecu- tion under the provisions of this chapter, the trial of the question of fact as to the guilt or innocence of the defendant shall, at the desire of either party, be by jury. 1918, S. 6160 Sec. 6012. Bastardy complaint to be brought within three years. No complaint of bastardy shall be brought after three years from the birth of the bastard. Criminal Offenses 1943 Sec. 752g. Defining “felony” and “misdemeanor.” Any crime pun- ishable by death or imprisonment for more than one year shall be deemed a felony, and any other crime, unless designated a felony by statute, shall be deemed a midemeanor. 1918, S. 6203 Sec. 6059. Abandonment of child under the age of six years. Any person having the charge of any child under the age of six years who shall expose it in any place, with intent wholly to abandon it, shall be fined not more than five hundred dollars and imprisoned not more than five years. Sec. 5876, Usual rules as to claiming case apply. 73 C. 248. SOCIAL WELFARE LAWS OF CONNECTICUT 51 Sec. 6060. Taking or enticing away a child. Any person who shall wilfully take or entice away any child under the age of twelve years with intent to detain or conceal it from the person having its lawful charge or custody shall be fined not more than five hundred dollars and imprisoned not more than five years. 1918, S. 6204 Sec. 6061 as amended by Sec. 732g. Cruelty to persons. Any per- son who shall torture, torment, cruelly or unlawfully punish or wilfully or negligently deprive any person of necessary food, clothing, shelter or proper physical care; and any person who, having the control and custody of any child under the age of sixteen years, in any capacity whatsoever, shall maltreat, torture, overwork, cruelly or unlawfully punish or wilfully or negligently deprive such child of necessary food, clothing or shelter shall be fined not more than five hundred dollar or imprisoned not more than one year or both. 1918, S. 62C 1921, C. 81 1927, C. 129 1943 Sec. 733g. Injury or risk of injury to children. Any person who shall wilfully or unlawfullly cause or permit any child under the age of sixteen years to be placed in such a situation that its life or limb is endangered, or its health is likely to be injured, or its morals likely to be impaired, or shall do any act likely to impair the health or morals of any such child shall be fined not more tha«i five hundred dol- lars or imprisoned not more than ten years or both. 1943 Sec. 734g. Psychiatric examinations. The court may order any person convicted under section 732g or 733g to be examined by one or more competent psychiatrists. 1943 Sec. 6062. Abduction of child by either parent. Whenever the par- ents of a minor child shall be living apart, either parent who shall decoy or forcibly take such child from the possession of the other with intent to remove it from the state, or having so obtained possession of such child, shall remove it from the state, shall be fined not more than five hundred dollars or imprisoned not more than three years. 1918, S. 6206 Sec. 6063 as amended by S c. 1434e. Kidnapping. Any person who shall kidnap or fraudulently decoy any person into or out of this state or who shall, maliciously and without lawful authority, arrest or im- prison any person with intent to have him carried out of this state or in any way detained against his will, and any person who shall frau- dulently or forcibly restrain any person of his liberty, for revenge or with intent to demand a ransom, reward, concession or other valuable thing for his release, or who, with such intent, shall use any force or violence or threaten to harm or injure such person, or to fraudulently or forcibly restrain him of his liberty, shall, if death result to the per- son so kidnapped or restrained of his liberty, be subject to the penal- ties provided by the general statutes for the crime of murder, and proof of wilful, deliberate and premeditated killing or of a specific in- tent to kill in such case shall not be required of the state. If death shall not result to the person so kidnapped or restrained of his liberty, the person convicted of such crime shall be imprisoned in the State Prison not more than fifty years. Any person who shall conspire with another to violate any of the provisions of this section shall be im- prisoned in the State Prison not more than thirty years. 1918, S. 6207 1937, S. 853d Sec. 6064. Unlawful exhibition or employment of child. Any per- son who shall exhibit, use, employ, apprentice, give away, let out or otherwise dispose of any child under the age of sixteen years, in or for the vocation, occupation, service or purpose of rope or wire walking, dancing, skating, bicycling or peddling, or as a gymnast, contortionist, rider or acrobat, in any place or for any obscene, indecent or immoral 1918, S. 6208 Sec. 6061. Justice of the peace can take final jurisdiction of an offense against the provisions of this section as the maximum sentence which could be imposed is a year in jail and could not be to the State Prison. US C. 601, 602, 603. 52 SOCIAL WELFARE LAWS OF CONNECTICUT purpose, exhibition or practice or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or shall cause, procure or encourage any such child to en- gage therein, shall be fined not more than two hundred and fifty dollars or imprisoned not more than one year or both. 1918, S. 6378 Sec. 6225. Seduction of minor female. Any person who shall seduce and commit fornication with any minor female, or who shall entice or take her away from her parent, guardian or residence, for such pur- pose or for the purpose of concubinage, shall be imprisoned not more than five years and fined not more than one thousand dollars. 1918, S. 6380 Sec. 6228. Parent or guardian consenting. Any parent, guardian or other person having the custody or control of any female under the age of twenty-one years, who shall consent to her being used, taken or detained by any person for the purpose of prostitution or sexual inter- course, shall be fined not more than one thousand dollars or imprisoned not more than one year or both. 1918, S. 638 Sec. 6237. Secret delivery of a bastard. Any woman who shall conceal her pregnancy and shall willingly be delivered in secret by herself of any bastard child shall be fined not more than one hundred and fifty dollars or imprisoned not more than three months. 1918, S. 6390 Sec. 6238. Concealment of birth of bastard. Any woman who shall endeavor to conceal the birth of any such child, so that it may not come to light, shall be fined not more than three hundred dollars and imprisoned in jail not more than one year and shall become bound to the state in recognizance with surety for her good behavior. 1918, S. 6392 1923. C. 47 1943 Sec. 6240 as amended by Sec. 738g. Rape and carnal abuse of a female child. Any person who shall commit the crime of rape upon any female shall be imprisoned in the state prison not more than thirty years. Any person who shall carnally know any female under the age of sixteen years shall be guilty of rape and shall be fined not more than one thousand dollars or imprisoned not more than thirty years or both. No female under the age of sixteen years shall be deemed capable of consenting to an act of intercourse. 1943 Sec. 739g. Examination for venereal disease of persons accused of certain crimes. The court before which is pending any case involving a violation of any provision of chapter 328 of the general statutes, shall, before the final disposition of such case, order the examination of the accused person to determine whether or not he is suffering from any venereal disease. If such examination discloses the presence of a venereal disease, the court may make such order with reference to the continuance of the case or the detention, treatment or othr dispo- sition of such person as the public health and welfare requires. Such examination shall be conducted at the expense of the state. Any per- son who fails to comply with any order made by any court under the Sec. 8225. Definition of seduction. 27 C. 320; 76 C. 136. Sec. 6240. Evidence showing constancy in accusation admissible. 8 C. 100; 44 C. 155; 47 C. 466; 93 C. 321. Conviction may be had on uncorroborated testimony of a nine-year-old girl as to principal fact. 29 C. 389. Evidence as to general good char- acter of accused admissible. 33. C. 269. Jury must be satisfied that act was without consent of prosecutrix, but thertb is no rule of law that she should make the utmost resistance. 45 C. 264; see also 72 C. 44. Rape may be committed on child under ten years of age. 46 C. 362. Unnecessary to allege that prosecutrix was ten or more years of age. 50 C. 579. Resistance; putting in fear. 72 C. 44. Intoxication or in- sanity of complainant; charges by her against other men; liberality in applying rules, where only she and accused are witnesses. 80 C. 546. What constitutes abuse of minor; 81 C. 97; election between counts; declarations of victim; Id., 1; 93 C. 321; woman may be guilty of abuse of minor, as accessory; 82 C. 213; previous unchas- tity or consent no defense; cross examination! of complainant. Id.. 454. Sec. 6240. When husband and wife under age of sixteen live together volun- tarily, the former is not guilty of crime under this section. 113 C. 288, 294. Cited. 113 C. 786. 118 C. 505. SOCIAL WELFARE LAWS OF CONNECTICUT 53 provisions of this act shall be fined not more than one thousand dollars or imprisoned not more than five years or both. Sec. 6242. Assault with intent to carnally know female child. Any person who shall make an assault upon the body of any female under the age of sixteen years, with intent to carnally know and abuse such female, shall be imprisoned not more than ten years; and any person prosecuted for carnally knowing and abusing any female under the age of sixteen years may be convicted of the offense mentioned in this section. 1918, S. 6394 See Sec. 6240 S-C. 6258. Causing dependency or delinquency of children. Any parent, guardian or other person having custody of any child under sixteen years of age who shall omit to exercise reasonable diligence in the control of such child to prevent such child from becoming a juvenile delinquent or from becoming a child in need of the care and protection of the state, as defined by statute, or who shall permit such child to associate with vicious, immoral or disorderly persons, or to beg or solicit alms, or to wander about the streets of any city, town or village late at night without being engaged in any lawful business, or to furnish entertainment for gain upon the streets or in any public place, or to be an habitual truant from school, or to enter or remain within any disruptable house or any place where gambling is carried on, or to enter any place where the morals of such child may be en- dangered or depraved or may be likely to be impaired, and any such person or any other person who knowingly shall be responsible for such conduct or conditions which may cause any child under the age of sixteen years to be adjudged a juvenile delinquent or to be in need of the care and protection of the state, shall be fined not more than five hundred dollars or imprisoned not more than six months or both. 1918, S. 6407 1925, C. 66 Offenses Against Public Policy Sec. 6265 as amended by Sec. 1702c. Non-support, (a) Any person who shall *** neglect or refuse to furnish reasonably necessary sup- port to his wife, child, grandchild, parent or grandparent shall be deemed guilty of a felony and shall be imprisoned not more than one year, unless he shall show to the court before which the trial is had, that, owing to physical incapacity or other good cause, he is unable to furnish such support. The court before which such conviction is had may suspend the execution of any jail sentence imposed, provided the person convicted shall execute, and the court, or the clerk of such court, shall accept, a bond to the treasurer of the city or town in which such conviction is had, with good and sufficient surety, in such amount as the court may determine, conditioned for the payment for such sup- port *** in such amount as the court may find commensurate with the necessities of the case and the ability of such person, for the teim of not more than one year from the date of such conviction. Such court may also suspend the execution of any jail sentence imposed, upon any other terms or conditions that it may deem just, or may suspend the 1918, S. 6416 1919, C. 213 1929, C. 148 1930 1935 Sec. 6265. Generally. 41 C. 433. Adultery of wife sufficient defense. 57 C 539’ 100 C. 731. What facts justify wife in leaving husband; burden of proot. 91 C. 6. Venire of action is ordinarily place of husband’s residence, since wife s resi- dence follows that of her husband. 93 C. 363. Husband s duty is to support wife at his residence but not elsewhere. Ibid. Information in words of statute sufficient; measure of support varies with circumstances of parties. 99 L. U8, H9, 1UU V. 730. When wife’s misconduct will relieve husband of this duty. Id., 731. Vnjustifi- ahle abandonment suspends duty; facts held to warrant conclusion of unjustifiable abandonment 107 C 108 Payments set forth in bond for support must be. met even though wife has not been furnished help by town to whom bond was given. 94 C. 247. 54 SOCIAL WELFARE LAWS OF CONNECTICUT execution of the balance of any such sentence in a like manner, (b) Any person who shall violate any provision of this section may be pros- ecuted before any court of this state in the same manner as if such offense had been committed within the territorial jurisdiction of such court. 1929, C. 148, S. 4 Sec. 6266. Appeal. If the accused shall appeal, such court, in ad- dition to requiring a recognizance or appearance bond, may order such accused to give a bond similar to the bond provided for in section 6265, which bond shall be conditioned for his furnishing support pend- ing the determination of such appeal. In the event of a conviction on an appeal or on a binding over, the court may suspend the sentence in the same manner as provided in section 6265, and any bond accepted under the provisions of said section shall be taken to the treasurer of the city or town in which such person was originally convicted. 1929, C. 148, S. 5 Sec. 6267. Failure to make payments. If any person so convicted shall fail to make any payment required by any bond taken, or to com- ply fully with the terms and conditions imposed under the provisions of section 6265, the suspension of the execution of any jail sentence imposed may be revoked and such person may be committed, and any such action shall not affect the validity of any such bond. 1929, C. 148, S. 6 1930 1931 Sec. 6268 as amended by Sec. 1704c. Jurisdiction. Any justice of the peace or any town, city or borough court, before which any com- plaint shall be brought for the offense set forth in section 6265, may hold a trial thereon, and, if in the opinion of such justice or court no greater punishment ought to be imposed, may render judgment, in the case of justices of the peace, for imprisonment in the county jail for not more than sixty days, and, in the case of town, city and borough courts, for not more than six months, subject to the right of the ac- cused to appeal as provided by statute in other cases; but, if in the opinion of the court a greater punishment should be inflicted, the ac- cused shall be bound over to the next term of the court of common pleas having criminal jurisdiction to be held in the county in which the offense was committed, if any there be, otherwise to the next session of the superior court having criminal jurisdiction in said county. 1918, S. 6417 1919, C. 86 1921, C. 155 Sec. 6269. Forfeited bonds in non-support cases. When any bond or recognizance conditioned for the appearance of any person accused in any information or complaint charging a violation of any of the provisions of section 6265 shall become forfeited or whenever any per- son convicted under the provisions of said section shall give a bond as therein provided and fail to comply with the provisions of the same, the court or justice of the peace before which such information or complaint is pending or in which such conviction was had, upon col- lection or settlement of such forfeited bond or recognizance, may order the avails or any portion thereof to be paid to the wife or for the sup- port of the children or both, in such manner and instalments as such court of justice may find reasonable, or may order the avails or any portion thereof to be paid to the selectmen of the town, who shall administer the same for the benefit of the wife or children or both, as they may find reasonable. 1918. S. 6435 Sec. 6282. Children protected from improper amusements. Any person owning, keeping or managing, wholly or in part, any dance house, concert saloon, roller skating rink, theater, moving picture show or phonograph hall or any museum having entertainment or variety shows connected therewith who shall allow, at any time, any child under the age of fourteen years, or, after six o’clock in the af- ternoon of any day, any boy under the age of fourteen or any girl under the age of sixteen years, to be admitted to or remain in such place, unless such child shall be accompanied by his or her parent or guardian or some adult person authorized by such parent or guardian to attend such child, shall be fined not more than fifty dollars. SOCIAL WELFARE LAWS OF CONNECTICUT 55 Sec. 6283. Sale of tobacco to minors under sixteen. Any person who shall sell, give or deliver to any minor under sixteen years of age, tobacco in any form, shall he fined not more than twenty-five dollars for the first offense and not less than twenty-five dollars nor more than one hundred dollars for each subsequent offense. 1918, S. 6436 Sec. 6284. Use of tobacco by minors under sixteen. Any person under sixteen years of age, who shall smoke, or in any way use, in any public street, place or resort, tobacco in any form, shall be fined not more than seven dollars for each offense. 1918, S. 6437 Sec. 6294 as amended by Sec. 1451e and Sec. 869f. Unlawful solic- iting for philanthropic purposes. No person shall solicit money, ser- vices, subscriptions or any valuable thing for any alleged charitable or philanthropic cause, from other than a member of the organization for whose benefit such person is soliciting or within the county in which such person or organization is located unless such cause shall have been approved by the secretary of the public welfare council. Upon application of any person in behalf of such cause, the secretary shall determine whether such cause is a bona fide object of charity or philanthropy and conforms to reasonable standards of efficiency and integrity, and, if he shall so find, shall approve the same and issue to the authority in charge a certificate to that effect. Such certificate may be revoked at any time. Any person violating any provision of this section shall be fined not more than one hundred dollars or im- prisoned not more than thirty days or both. 1918, S. 6449 1930 1937, S. 860d 1941 Sec. 6327. Billiard and pool rooms; closing. Minors under eighteen. Any person who shall keep open a public billiard or pool room in con- nection with which, or the premises to which it is appurtenant, food is sold or offered for sale, unless there shall be a substantial partition between such billiard or pool room and the place where such food is sold or offered for sale or shall keep open a public billiard or pool room between the hours of one o’clock in the forenoon and eight o’clock in the forenoon or any proprietor or keeper of such public billiard or pool room who shall permit any person to play upon or use a public billiard or pool table during the hours when it is unlawful to keep such room open as prescribed by this section or shall, at any time, permit any person under eighteen years of age unaccompanied by parent or guardian to loiter in or about such room or shall employ any person under eighteen years of age in or about such room, shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. The first selectman of any town, chief of police of any city or the warden of any borough may, in such town, city or bor- ough, order all public billiard or pool rooms therein to close at twelve o’clock midnight. Such order shall be in writing and shall be left with the owner of such billiard or pool room or person having charge of the same. Any person who shall keep open such billiard or pool room in violation of any provision of any order issued under the provisions of this section shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. Any sheriff, deputy sheriff, con- stable or police officer may at any time enter a public billiard or pool room for the purpose of ascertaining if the law is being violated there- in, and any person who shall obstruct or hinder the entrance of any such officer shall be fined not more than seven dollars or imprisoned not more than thirty days or both. 1918, S. 6479 Sec. 6338. Gift enterprise forbidden. Any person who shall sell or offer for sale to any minor any box or package, the consideration of such sale being in whole or in part any distribution of or any chance at drawing or obtaining any article of value in such box or package, shall be fined not more than one hundred dollars or imprisoned not more than six months or both. 1918. S. 6489 Sec. 6284. Cited. 115 C. 594, 595. 56 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 6619 1941 Sec. 6467 as amended by Sec. 892f. Search when cruelty is sus- pected. Any prosecuting officer of any court in this state, any grand juror or any officer of the Connecticut Humane Society, upon reason- able information to him given, may apply to any judge of the superior court or of the court of common pleas for a warrant authorizing such prosecuting officer or grand juror to enter and search any place or places which shall be reasonably described in the application to such judge, for the purpose of ascertaining whether any offense described in section 6061 had been committed therein. See Sec. 6395 1918, S. 6645 Sec. 6491. Sentence of persons between sixteen and seventeen. When any person between the ages of sixteen and seventeen years shall be convicted of an offense, the punishment for which, in whole or in part, is or may be imprisonment in the State Prison, the court may sentence him to imprisonment for the same term in the jail of the county where such conviction is had. See Sec. 1830 Sec. 6517 as amended by Sec. 1472e and Sec. 899f. Probation offi- cer; duties concerning minors. Whenever any minor shall have been arrested, the probation officer shall, as soon after the arrest as practicable, be notified by the police in order that he may, before the trial, ascertain the facts in the case. Pending such investigation the court may commit the accused to the custody of the probation officer. Whenever a minor shall be convicted in a town, city, borough or police court or by a justice of the peace and shall appeal to the superior court or the court of common pleas or shall be bound over by a town, city, borough or police court or by a justice of the peace to the superior court and in default of bail should be committed to a jail, the superior court or court of common pleas or, if such court be not in session, any judge thereof, upon application and after due notice to the prosecuting authority of the court to which such minor has appeal or been bound over, may order that such minor be committed to the custody of a pro- bation officer pending the disposition of the case. Any such order shall be filed with the clerk of the court to which the minor has ap- pealed or been bound over and a certified copy thereof filed with the jailer shall be sufficient warrant for the release of such minor to the custody of the probation officer. Any interference with any probation officer or with any person placed in his charge shall render the person so interfering liable to the provisions of section 6183. 1918, 6670, 6675 1939, S. .472e 1941 1918, S. 424 Sec. 459. Loitering of children may be prohibited. The common council of any city may, by ordinance, prohibit the loitering in the night time of children under the age of fifteen years on the streets, alleys or public places within its corporate limits. 1918, S. 843, 844, 845 1931 Secs. 916 and 917 as amended by Sec. 259c. Habitual truants. Each city and town may make regulations concerning habitual truants from school and children between the ages of seven and sixteen years wandering about its streets or public places, having no lawful occupa- tion and not attending school; and may make such by-laws respecting such children as shall conduce to their welfare and to public order, im- posing penalties, not exceeding twenty dollars, for any one breach thereof. The police in any town, city or borough, and bailiffs, con- stables, sheriffs and deputy sheriffs in their respective precincts shall arrest all such children found anywhere beyond the proper control of their parents or guardians, during the usual school hours of the school terms: and may stop any child under sixteen years of age, during such hours, and ascertain whether he is a truant from school; and, if he be, shall send him to school. 1918, S. 847 1921, C. 336 1927, C. 260 Sec. 918. Fees for arresting truants. Officers other than police- men of cities shall receive for making the arrests required by section 917 such fees, not exceeding the fees allowed by law for making other arrests, as may be allowed by the selectmen of the town in which such SOCIAL WELFARE LAWS OF CONNECTICUT 57 arrests are made; but unless a warrant was issued by a judge of the juvenile court the officer shall, before receiving his fees, present to the selectmen of the town a written statement showing the name of each boy arrested, the day on which the arrest was made and, if the boy was returned to school, the name or number of the school to which he was so returned. Sec. 919. Warrant and hearing. In all cases arising under the pro- visions of sections 917 and 918 a proper warrant shall be issued by a judge of the juvenile court in the jurisdiction where such arrest is made, and the father, if living, or if not, the mother or guardian of such boy, shall be notified, if such parent or guardian can be found, of the day and time of hearing.The fees of any judge or justice acting as a juvenile court shall be two dollars for such hearing; and all ex- penses shall be paid by the town, city or borough in and for which he exercised such jurisdiction. 1918, S. 848 1921, C. 336 1927, C. 260 Children in County Homes Secs. 1011 and 1012 as amended by Sec. 332c. Children in county homes. Children committed to county homes shall be enumerated by the county commissioners for each county and returns shall be made as provided for town boards of education; but any such child attending a public school shall be enumerated by the town in which such child shall attend school. The county commissioners may employ teachers for the schools at the county homes and shall provide books for the children and apparatus for teaching. The state board of education shall supervise such schools. All money from the enumeration grant due any county from the state on account of children committed to a county home shall be paid to the treasurer of such county instead of to the treasurer of the town in which the county home is located. The county commissioners shall not employ any teacher who does not hold a state certificate. Said commissioners shall not pay any teacher nor maintain any such school unless an agent of the state board of edu- cation shall certify in writing that such school has been kept for each mopth in conformity to law. 1918. S. 1031. 1032, 1033 1930 1931 1933 1935 Sec. 1016 as amended by Sec. 267e. Reimbursement for non-resident children, (a) Children placed out from county homes or from or by other agencies or persons shall be entitled to all free school privileges of the town where they then reside, whether in custodial institutions, in private homes or with persons licensed to operate homes for chil- dren. (b) When the average daily attendance of such children at- tending school in any town shall exceed one percent of the total of the average daily attendance in such town, the chairman and secretary of the board of education of such town shall, at the end of each school year, certify under oath to the state board of education, on forms fur- nished by said state board, the average daily attendance of such chil- dren together with the per capita expense of tuition. The secretary of said state board shall certify to the comptroller the amount due to each town for tuition of such children in excess of said one percent, and the comptroller shall draw his order on the treasurer for the pay- ment of such amount from the civil list funds of the state to the treas- urer of such town. Any town from which a payment under this sec- tion shall be withheld shall have the right of appeal to the superior court for the county in which such town is located, (c) No town shall be required to provide school accommodations for any child whose legal residence is in another state unless a bond, in the sum of five 1923, C. 229 1930, S. 1016 1933, S. 334c 1937, S. 197d 1939 Sec. 332c. Cited. 127 C. 57. 58 SOCIAL WELFARE LAWS OF CONNECTICUT hundred dollars, issued by a surety company authorized to do business in this state and conditioned upon the payment of such tuition, shall be filed with the treasurer of the town in which such child is attending school by the parent or guardian, or other person or organization in control of such child, (d) Children residing with relatives or non- relatives, when it is the intention of such non-relatives and of the chil- dren or parents or guardians that such residence is to be per- manent and provided without pay, shall be entitled to all free school privileges accorded to resident school children of the district or town in which they reside, (e) Each such child shall be enumerated in the town in which he is actually residing on the date of the enumeration. Special Officers 1919, C. 155 1921, C. 128 1937, S. 406d Sec. 1934 as amended by Sec. 623e. Special officers. The commis- sioner of state police may appoint, at the request of the Connecticut Humane Society, duly accredited agents of that society as special police officers to serve for two years from the date of their respective appointments, subject to removal by said commissioner. Such officers shall serve without pay, except their regular compensation as agents of said society. They shall receive no fees for services or return of any criminal process and shall have, throughout the state, the powers of sheriffs, constables and police officers to arrest and detain any per- son violating any provision of the statutes concerning the neglect or cruel treatment of children, offenses against children or cruelty to animals. 1921. C. 217 Sec. 1936. Temporary commitment of children. The Connecticut Humane Society may receive and detain any child actually or appar- ently under sixteen years of age on temporary commitment by any court or justice having authority to commit children. 1918, S. 188' Sec. 1940. Officers and agents to have certificates or badges. Offi- cers and agents of said society shall be provided by said society with certificates that they are such officers or agents, in such form as the directors of said society may choose, or with badges bearing the name or seal of said society, and shall, if requested, show such certificates or badges when acting officially. Persons Boarding Infants 1918, S. 2687,2688 Sec. 2680. Persons boarding infants to notify selectmen. Inspec- tion by selectmen. Each person who shall make a business of taking children under ten years of age, other than members of such person’s family, to entertain or board, in any number exceeding two in the same house at the same time, shall, within three days after the reception, removal or death of any such child, give written notice thereof to the selectmen of the town within which such house is situated, specifying the name and age of such child, the place of residence of the parties so undertaking its care and the birthplace and parentage of such child if known. The selectmen, or some person appointed by them, shall visit and inspect such premises as often as once in each month and, within one week after such visit, make a written report containing a statement of the number of such children in such house, the number received and removed since the last visit, the number of deaths and the causes thereof and the condition of the premises and of the chil- SOCIAL WELFARE LAWS OF CONNECTICUT 59 dren; which report shall be kept on file in the office of the registrar of vital statistics of such town. Sec. 2681 as amended by Sec. 944e. Premises to be open to inspec- tion. Any house or premises described in the preceding section (2680) shall, at all hours during the day and before nine o’clock in the eve- ning, be open to inspection by any officer or agent of the state de- partment of health, of the public welfare council or of the Connecticut Humane Society, provided such inspection be made in company with a selectmen of the town in which such house is located or with some person appointed by the selectman of such town, by the court of pro- bate for the district where such house is located or by the judge of any town, city or borough court having jurisdiction in such town or pro- bate district over children that may be committed to a county tempor- ary home. Such authorized visitors may direct and enforce such measures respecting such children and premises as they may deem advisable. 1918, S. 2689 1930 1937, S. 60Id Sec. 2682. Penalty. Any person violating any provision of sections 2680 and 2681 or refusing admission to any of the persons specified in section 2681 shall be fined not more than five hundred dollars or im- prisoned not more than one year or both. 1918, S. 2690 Commitments to Reform Institutions or Temporary Homes Sec. 4782. Commitments to reform institutions or temporary homes. The court of probate shall have concurrent jurisdiction with city, police, borough and town courts and justices of the peace in hearings and determining applications for commitments to Long Lane School and the Connecticut School for Boys, and shall also have concurrent jurisdiction with said courts in hearing and determining applications for commitments to temporary homes for dependent and neglected children in the manner provided by law. 1918, S. 4847 1921, C. 402, S, 2 Children, Custody Sec. 5184. Order as to custody of children. On any complaint fbr a divorce, the court -may, at any time, make any proper order as to the custody, care and education of the children and may, at any time there- after, annul or vary such order. 1918, S. 5289 Sec. 5185. When sole custody of children given to mother. In any case in which a divorce shall have been granted on the complaint of a woman, without any order being made at the time of granting such divorce, relative to the custody of the children, and in any case in which any husband and wife having minor children, shall, by reason of the abandonment or cruelty of the husband, live separately, the superior court in the county where the parties, or one of them, reside, may, on the complaint of the mother and due notice given to the hus- band, award the custody of the children to the mother, for such time and under such regulations as it may deem equitable. 1918, S. 5290 Sec 5184. Settlement of child not affected by award of custody. 2 C. 20. De- fendant'not bound to defray expenses of divorce suit containing prayer for custody of children. 18 C. 424. 60 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 5291 Sec. 5186. Court may assign custody of children to either party. In any controversy before the superior court between husband and wife as to the custody of minor children of the marriage, the court may assign the custody of any of such children to either parent according to its best judgment upon the facts of the case, and upon such condi- tions and limitations as it shall deem equitable; and, when such court shall not be actually in session, any judge thereof may, prior to any action in the premises by the superior court, make any order which he may deem reasonable as to the care, custody and maintenance of any such minor children during the pendency of the cause, and make any other order in the cause, including orders of injunction, and any such order may afterwards be set aside or altered by such court, or by such judge when such court shall not be actually in session. 1918, S. 5292 Sec. 5187. Children how supported. Upon the dissolution of any marriage by divorce, the parents of a minor child of such marriage, who is in need of maintenance, shall maintain such child according to their respective abilities, and, upon the complaint of either parent, then or thereafter made to the superior court, it shall inquire into their pecuniary ability, and may make and enforce such decree against either or both of them, for the maintenance of such child as it shall consider just, and may direct security to be given therefor. 1918, S. 5293 1939 Sec. 5188 as amended by Sec. 1316e. Orders relative to children and alimony; void marriages. Whenever from any cause any marriage shall be void or voidable under the laws of this state or of the state in which such marriage was performed, the superior court may, upon com- plaint, pass a decree declaring such marriage void, and may thereupon make such order in relation to any child of such marriage and con- cerning alimony as it might make in a proceeding for a divorce be- tween such parties if married. Sec. 5186. Court -will not take daughter from custody of mother, when child is well cared for, and not liable to be by father. 2 R. 461. Power of court to modify order, even where children have been removed to foreign jurisdiction. 83 C. 479. Jurisdiction of Superior Court limited to habeas corpus and orders incidental to di- vorce decree; distinction between custody of person and custody of estate. 97 C. 442, 443 ff. Sec. 5187. Transfer of guardianship does not release from liability of support. 3 D. 56. A wife who was granted a divorce and who was awarded custody of chil- dren cannot recover entires support of such children from husband. 22 C. 421; but see 43 C. 350, decided since change in statute. Not necessary for town to exhaust remedy provided by this section before proceedings to treat parent as pauper. 35 C. 542, When child is in custody of mother under order of court pending divorce, father’s liability for support remains. 68 C. 262, 263. Sec. 5188. As to “alimony”, see 77 C. 31. See note toi Sec. 5182. Sec. 5188. The consent of the parties is an essential condition to the) forming of the marriage relationship. 119 C. 197. SOCIAL WELFARE LAWS OF CONNECTICUT 61 RELIEF Federal Aid Sec. 115c as amended by Sec. 157e. Federal aid. The commissioner of welfare is designated as the administrative agency of the state to administer financial or any other aid for emergency relief purposes which the United States government has authorized or may authorize to be given to the several states. The state treasurer is directed to receive all money granted by the United States or by any agency thereof and to hold the same separate from all other funds of the state. Funds granted to the state for emergency relief purposes shall be disbursed by the treasurer, upon voucher of the comptroller, under direction of and subject to the rules and regulations of said commis- sioner. Such money, together with the balance of federal relief grants and allotments previously made to the state and formerly administered by the emergency relief commission, shall be distributed or such other aid shall be administered by said commissioner for emergency relief in the state. 1933 1935 1937, S. 126d Paupers: Settlement Sec. 661c. “Town” and “selectmen” defined. The words “town” and “selectmen”, wherever they occur in the statutes relating to the care and maintenance of the poor or to the care and custody of neg- lected or uncared-for children, shall mean, respectively, the municipal- ity liable, either temporarily or permanently, for the care and support of such poor and the care and control of such children and the board, officer or commission whose duty it is to care for such poor or such children, either temporarily or permanently. 1933 Sec, 1684. How gained by foreigners. No person who is not an inhabitant of this state or of some state or territory of the United States, who shall come to reside in any town in this state, shall gain a settlement therein, unless admitted by a vote of its inhabitants or by consent of its justices of the peace and selectmen, a majority of whom, convened and acting as one board, shall be a quorum for that purpose. Any two of the justices of the peace and selectmen of any town may call a meeting of such board for the purpose of giving such consent, by causing notices to be left with the other justices of the peace and selectmen or at their usual places of residence, at least three days before the time named in such notice for such meeting: and, when assembled, they shall decide upon all applications made to them, in behalf of persons residing in such town, to be admitted to settlement therein. 1918, S. 1613. 1614 Sec 1684 Foreigner gains no settlement in any town by commorancy. 1 R. 398- 37* C. 484; 56 C. 465; 73 C. 47; Id., 161. Citizens of other states not foreign- ers ’ 1 R 408 ' Subject of Great Britain domiciled in Connecticut before treaty of peace not regarded as an alien. 5 D. 169. Acquisition of settlement by aliens under act of 1781 5 C 367. Settlement of a female inhabitant, not affected by her mar- riage with 'a foreigner. 6 C. 45. An alien naturalized in and a resident of one town, and subsequently removing to another town, acquires a settlement in the second town. 53 C. 331. Sec. 1684. A pauper’s status is fixed by the statute in force when he first applies for relief. Statutes relating to paupers reviewed. 116 C. 539 et seq. See note to Sec. 1686. 62 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1615 1921,C. 97 Sec. 1685. How gained by inhabitants of other states. No inhab- itant of any other state or any territory of the United States, who may come to reside in any town in this state, shall gain a settlement therein, unless he shall have continuously resided in such town four years next preceding the time he claims to be an inhabitant and shall have maintained himself and family during the whole of said period without expense to such town or to this state; or shall have been ad- mitted in the manner prescribed in section 1684; or unless he shall have, for at least one year of continuous residence in such town, been possessed in his own right in fee of unincumbered real estate, situated in this state, of the value of five hundred dollars; and, if the title thereto shall be by deed, unless such deed shall have been re- corded one year. See Appendix (XVd). 1918, S. 1616 1930 1933 1939 Sec. 1686 as amended by Sec. 558e. How gained by inhabitants of other towns. No inhabitant of any town in this state shall gain a legal settlement in any othei’ town, unless he shall have been admitted in the manner prescribed in section 1684; or unless he shall have re- sided, subject to the provisions of this chapter, four years continuously in such town, and shall have maintained himself and family during the whole of said period without becoming chargeable to such town, and without having received aid from any other town or the state. Sec. 1685. Settlement lost by gaining another in another state; how re-acquired. S C. 95. Under the statutes from 1768 to 1772 an inhabitant of another state could not gain a settlement by commorancy. 5 C. 584; 73 C. 47; Id., 161. Sec. 1686. To accomplish a change of settlement under this statute, the person must have had the definite intention of abandoning his first domicile. 119 C. 382, 385, 390. Bastard takes settlement of mother whether acquired in her own right or by derivation. 1 R. 55; 2 C. 355; 5 C. 584; 6 C. 35; 9 C. 321; 12 C. 165; 18 C. 350; 19 C. 229; 51 C. 319; 88 C. 279. Minor child whether idiot ofi compos men- tis, not emancipated, takes settlement of mother acquired after death of husband in her own right. 1 R. 196; 4 C. 373. Legitimate child takes settlement of father, if he has one; if not, that of mother. 5 D. 169; 3 C. 600; 4 C. 114. Wife takes settle- ment of husband. 5 D. 169; 3 C. 600; 5 C. 584; 51 C. 139. Marriage with a man having no settlement in this/ state does not change wife’s settlement. 5 D. 169; 3 C. 600; 6 C. 45. If mother of bastard child has no settlement, place of birth is place cf settlement of bastard. 2 C. 18. Child of slave where settled. 2 C. 355. Place of birth, prima facie, place of settlement. 3 C. 600; 4 C. 114; 5 C. 584; 51 C. 319; 73 C. 161; 100 C. 252. Such settlement, how superseded. 3 C. 600; 4 C. 114; 23 C. 44. A child not emancipated, after father’s death from whom he had derived a settle- ment, takes the settlement of his mother acquired in her own right. 4 C. 373. Di- vorce from a marriage contract not void ab initio does not remit wife to her former settlement. 9 C. 321. Legitimate child born after father’s death and after mother has gained new settlement by second marriage, takes sttlement of its father in pref- erence to new settlement of mother. 19 C. 229. Bastard child having under laws of another state settlement by birth there, while mother has settlement in this state, does not by removing with mother to this state take her settlement. 20 C. 298. Agreement between mother and minor child works no emancipation preventing child from taking mother’s settlement. 21 C. 543. The term “residence” means a fixed and permanent residence. 29 C. 74; 100 C. 253. Meaning of word “family.” 31 C. 326. A person non compos may gain a settlement by commorancy. 31 C. 515; see 73 C. 47; 85 C. 55. Place of birth how proved. 39 C. 563. Mere commorancy does not give a settlement to a person not already an inhabitant of the state. 51 C. 319. Proof of marriage not sufficient to create a presumption of a change of a woman’s settle- ment. 51 C. 319. Settlement of paupers upon creation of a new town. 54 C. 34. A child born in another state, whose father is ari alien but settles and resides in a town in this state, begins to acquire a settlement in such town by commorancy when he becomes of age. 54 C. 39. A minor born in another state, and going from a deaf and dumb asylum in this state to the town of A for two years and then to the town of B, was an “inhabitant” of A while residing therein. 54 C. 86. The word “inhabi- tant” is used in its ordinary sense of “resident.” 68 C. 588; 73 C. 47. Settlement of wife and child follows that of husband and father. 85 C. 196. Continuous resi- dence requires what; intent; declarations as evidence. 73 C. 738; 85 C. 55; Id., 106; 100 C. 253. Effect of support furnished by town whence pauper comes. 80 CL Subsequent marriage of parents of child gives it settlement of father. 69 C. 303. Minor cannot change settlement. 71 C. 724. Time involuntarily spent in hospital for mental illness cannot be counted as a part of the 4 years. 92 C. 397. To acquire a settlement in a town by four years residence, the residence must be the fixed, per- manent, established residence or home, as distinguished from that which is transient merely. 123 C. 268-274. SOCIAL WELFARE LAWS OF CONNECTICUT 63 Sec. 1687. How gained by family. If any person, having had a continuous residence in any town in this state for a part only of said period of four years, and having during such time maintained himself and family, without becoming chargeable, has died or shall die during such residence and before the expiration of said four years, leaving a widow or minor child or minor children, such widow, minor child or minor children, by continuing her or their residence in such town from the date of the death of such husband or father for the remaining part of said period of four years, without becoming chargeable to such town, shall gain a settlement therein. The settlement of each female at the time of her marriage to a man not having a settlement in this state shall continue to herself and her minor children until her hus- band shall have gained a settlement in his own right or until she and her minor children shall have gained a settlement under the provisions of this chapter. See Appendix (IX), (XIII), (XIV) and (XV). 1918, S. 1617 Sec. 1688. When not changed by marriage. When either of the parties to a marriage is, at the time of such marriage, or within one year prior thereto has been, a pauper, such marriage shall not change or affect the settlement of either or the liability of a town to support persons in existence at the time of the marriage. See Appendix (XVb). 1918, S. 1618 Sec. 1689 as amended by Sec. 364g. Children of state paupers. Any child born while his mother is being maintained by the state as a state pauper, or born in any hospital or other benevolent institution while his mother is residing therein as a beneficiary thereof, or born in any other institution while his mother is being maintained therein at public expense, shall, if his mother has no settlement in any town in this state, have a legal settlement in the town wherein his mother is domiciled at the time of her admission to such hospital or institu- tion. 1918, S. 1619 1929, C. 156 1943 Sec. 1690 as amended by Sec. 559e. Deportation. When any per- son who has a legal settlement in some other state shall come to re- side in any town in this state, and shall become chargeable or make application for aid, the selectmen, or, in the case of a state pauper, the commissioner of welfare, may apply to any justice of the peace of the town wherein such person becomes chargeable or has niade application for aid, or to any court having jurisdiction, and such justice or such court shall issue a warrant to either constable of such town, any state policeman or other proper officer, ordering him to transport such pei- son to the place whence he came to this state, or to the place of his former residence, at the discretion of the selectmen or the commis- sioner of welfare. Such officer shall execute such warrant, and the expense thereof, having first been audited and approved by the com- missioner of welfare, shall be paid by the state. The word “select- men” as used in this section, shall be construed to include any other officer or board, which, instead of the selectmen, lawfully exercises the powers and duties of the overseers of the poor. 1918, S. 1620 1921, C. 150 1930 1937, S. 361d 1939 1918, S. 1621 S»c 1691. How persons settled in other towns are removed. When any person having a settlement in any town in this state shall go to Sec 1687. When aid is furnished not wholly to the husband but to the entire family, the town of settlement of wife is liable for supplies furnished wife and chil- Sec ' 1688. By marriage the settlement of the husband is communicated to the wife unless one or both of them were, or within a year had been, paupers. 71 C. 724. Sec 1690 Proper form of action and rule of damages when pauper is illegally sent into a town. 1 R. 262; 9 C. 275. A pauper before act of 1820 could not for- cibly be removed to the town of his settlement 3 C 568 This proceeding is ex parte, a ministerial and not judicial proceeding. 47 C. -47, 65 ( . 3(1. Sec. 1690. Cited 119 C. 387. Sec. 1691. A ward gains no settlement by residence. 1 R. 131. Absence from home does not prevent settlement in new town unless settlement has been gamed elsewhere. 1 R. 179. Settlement may be suspended but not lost until another is 64 SOCIAL WELFARE LAWS OF CONNECTICUT reside in some other town, and, before he shall have gained a settle- ment in the town to which he has gone, he or any of his family shall become chargeable, the selectmen, after giving notice to the town to which such pauper belongs to remove him and his family and on failure of such town to make such removal, may apply to any justice of the peace, who shall issue his warrant, directed to either constable of the town where such pauper is, commanding such constable to remove such pauper to the town where he has his settlement. Such constable shall execute such warrant, and the lawful fees for the service of the same at the rate allowed for service of criminal process shall be paid by the town to which such pauper belongs. Sec. 1692. Forfeiture for bringing indigent person into a town. Each person who shall bring into and leave in, or cause to be brought into and left in, any town in this state, any indigent person who is not an inhabitant of such town, and who shall become chargeable within one year after having been so brought into and left in such town, shall, on demand of the selectmen thereof, remove such indigent person out of such town to the town from which he came; and, if such person so bringing and leaving, or causing to be brought and left, such indigent person in any town in this state as aforesaid, shall, on demand of the selectmen of such town, fail to remove such indigent person out of such town to the place from which he came, he shall forfeit and pay to the town in which such indigent person shall have been left, the sum of seventy dollars; and, if such indigent person shall have been so brought and left in such town, with the intent on the part of the per- son so bringing and leaving him, or causing him to be so brought and left, to make him chargeable or any expense to such town, such per- son so bringing and leaving, or causing to be so brought and left, such indigent person, shall forfeit and pay to the town, into which such per- son shall have been brought and left, the sum of one hundred dollars and all the expenses incurred by such town in the maintenance of such indigent person. 918, S. 1622 Sec. 2701. Bodies for anatomical purposes. The first selectman of any town, the mayor of any city, the sheriff, coroner or jailer of any county, the warden of the state prison, the master of any workhouse, superintendent or person in charge of any almshouse, asylum, hospital, morgue or other public institution which is supported, in whole or in part, at public expense, having in his possession or control the dead body of any person which, if not claimed as hereinafter provided, would have to be buried at public expense, or at the expense of any such institution, shall, immediately upon the death of such person, no- tify his relatives thereof, if known, and, if such relatives be not known, shall notify the person or persons bringing or committing him to such institution, and shall, within twenty-four hours from the time such body came into his possession or control, give notice thereof to the department of medicine of Yale University, and, upon the expiration of forty-eight hours after death, or after such body shall have come into his control, shall deliver such body to said department in such manner as it shall direct, and at its expense, if said department shall, at any time within one year, have given notice to any of said officials 1918, S. 1850, 1875, 2714, 2718 1919, C. 92 1921, C. 55 S. 1 gained. 1 R. 232. A void marriage does not prevent a woman from gaining a set- tlement. 1 D. 212. How incorporation of new town affects a settlement. 3 D. 224; 3 C. 209, 475; 14 C. 192; 15 C. 246, 550; 18 C. 424; 480; 20 C. 378; 29 C. 500: 54 C. 34. Settlement may be gained by a person under an overseer. 3 C. 588. “Fam- ily” of pauper. 5 C. 384. What constitutes “notice.” 7 C. 100; 38 C. 249. Meaning of the word “belongs.” 19 C. 561. Period, of imprisonment for crime does not con- stitute any portion of the successive residence requisite to acquisition of a legal settlement by commorancy. 19 C. 561; 38 C. 249; nor period of involuntary con- finement in a hospital for mental illness. 92 C. 397. Period of temporary absence with intent to return is not to be excluded. 21 C. 101. Evidence admissible to prove support and residence. 23 C. 401. Selectmen of town of pauper’s settlement may remove him back without process. 71 C. 724. Sec. 1692. Proper form of declaration. 3 C. 1. SOCIAL WELFARE LAWS OF CONNECTICUT 65 that such bodies would be needed for the purposes specified in section 2704; provided any such body shall not have been claimed by a rel- ative, either by blood or marriage, or a legal representative of such deceased person, within said period of forty-eight hours. If any such body shall not be disposed of in either manner herein specified, it may be cremated or buried. When any person shall have in his pos- session or control the dead body of any person which would have to be buried at public expense or at the expense of any such institution, he shall, within forty-eight hours after such body shall have come into his possession or control, file, with the registrar of the town within which such death occurred, a certificate of death as provided in section 341, unless such certificate shall have been filed by an un- dertaker. Before any such body shall be removed to said department of medicine, the official or person contemplating such removal shall se- cure a burial or transit permit which shall be delivered with the body to the official in charge of said department, who shall make return of such burial or transit permit in the manner provided in section 352. Sec. 2707. Penalty. Any selectman, mayor, sheriff, coroner or jailer or the master of any almshouse, asylum, hospital, morgue or other pub- lic institution which is supported, in whole or in part, at public ex- pense, who shall deliver a corpse, for the purpose of medical and sur- gical study, to any person in violation of any provision of this chapter, or any person who shall violate any provision of this chapter for which no other penalty is prescribed, or any person knowing that the de- ceased had relatives, either by blood or marriage, who desired to give the body a decent burial, or to whom the deceased had expressed a desire that his body should be buried, who shall wilfully neglect or refuse to give information thereof to the persons in charge of such body, having reasonable opportunity for so doing and having knowl- edge of the fact that such body may be delivered for medical or sur- gical purposes, shall be fined not more than five hundred dollars. 1918, S. 272, Sec. 6260. Tramps. All transient persons who rove about from place to place begging, and all vagrants, living without labor or visible means of support, who stroll over the country without lawful occasion, shall be deemed tramps, and every tramp shall be punished by im- prisonment in the workhouse not more than one year. Any act of beggary or vagrancy, by any person not a resident of this state, shall constitute prima facie evidence that such person is a tramp. 1918, S. 6409, 6410 Sec. 6261. Wilful injury by tramp. Any tramp who shall wilfully and meliciously injure any person or shall be found carrying any fire- arms or other dangerous weapon shall be imprisoned in the State Prison not more than three years. 1918, S. 641 Sec. 6262. Officer may arrest without warrant. Any sheriff, deputy sheriff constable, special constable or policeman, upon view of any offense described in section 6260 or 6261, or on speedy information thereof, may, without warrant, apprehend the offender and take him before any competent authority. 1918, S. 641 Sec. 6263. Exceptions. The provisions of sections 6260 to 6262, in- clusive, shall not apply to any female, to any minor under the age of sixteen years, to any blind person or to any beggar loving within the limits of the town in which he resides. 1918, S. 64 Sec 6264. Vagrants and common drunkards. All idle persons with- out visible means of support, all beggars who go from door to door or beg in the highways, all who travel from place to place without an\ lawful occasion, all persons sleeping in outhouses or barns or in the onen air who can give no good account of themselves, all persons camping ’on the public highways without the consent of the selectmen of the town or on private property without the consent of the owner, 1918, S. 641 66 SOCIAL WELFARE LAWS OF CONNECTICUT all brawlers and fortune tellers and all common drunkards shall, upon conviction for a first offense, be imprisoned for not more than sixty days; and, upon a second conviction for the same offense, shall be im- prisoned for not more than two hundred and forty days and, upon a third conviction for the same offense, shall be imprisoned for not more than three hundred and sixty days. SOCIAL WELFARE LAWS OF CONNECTICUT 67 SUPPORT Towns Sec. 1693. Each town to support its own paupers. All persons who have not estate sufficient for their support, and have no relations of sufficient ability who are obliged by law to support them, shall he provided for and supported at the expense of the town where they belong. Each town shall maintain and support all the poor inhabitants belonging to it, whether residing in it or in any other town in the state. 1918, S. 162, Sec. 366g. Dependents of residents of Connecticut in the armed forces of the United States. No town, city or borough shall publish in any public report the name of any person receiving aid from any charity or welfare department in such town, city or borough who is the dependent of any resident of Connecticut serving in the armed forces of the United States during the present war. 1943 Sec. 154e. Municipal Advisory Welfare Boards. Except when oth- erwise provided by charter or other special act, the selectmen of any town or the mayor of any city may appoint an advisory welfare board of not more than seven residents of such town or city. The members of such board shall serve without compensation. 1939 Sec. 110e. Eligibility for town relief. No resident of a town shall be deemed to be ineligible to receive relief from such town by reason of having an interest in real property, provided such resident shall deliver to such town, through its board of selectmen, an agreement executed and acknowledged in the form and manner required for the transfer of an interest in real property to reimburse such town for all amounts so paid to such resident or expended by such town on his or her behalf for maintenance, care or support, with interest at the rate of four per cent per annum. Such agreement shall describe by metes and bounds, by street number and lot number, if such there be, the real property in which such beneficiary has an interest and shall be recorded in the land records of the town or towns in which such real property is located, and shall constitute a lien on such real prop- erty which may, at any time during which such amounts remain un- paid, be foreclosed in an action brought by such town in a court of competent jurisdiction, and such lien shall have precedence over all subsequently recorded incumbrances, except tax liens or other mu- nicipal liens of such town and except liens to the commissioner of welfare of the state for old age assistance. Such lien shall be released by such town by its board of selectmen upon payment of the amount, plus interest, by it secured. The board of selectmen of such town are authorized to adjust, remit or cancel, in whole or in part, any interest accruing under such lien provided such procedure shall be deemed necessary and beneficial to such town by such selectmen and shall be so voted at a meeting of such selectmen and a record of such vote en- tered in the minutes of the meetings of such board. Such board of selectmen are also authorized to release such lien without payment of the amount secured thereby, in whole or in part, provided such pro- 1939 Sec. 1693. Meaning’ of the word “belong.” 3 C. 467; see 69 C. 4. Town from which a pauper is sent to jail is liable for support furnished by keeper of jail which is located in another town. 5 C. 185. Town liable for support of slave. 8 C. 393. What constitutes “sufficient estate” for support; 52 C. 200; valueless equitable estate is not; 71 C. 724; income of ten dollars a week may not be. 76 C. 152. Sec. 1693. See note to Ch. 28, and to Sec. 1684. See note to Sec. 1686. Sec. 1693. Cited 127 C. 59. 68 SOCIAL WELFARE LAWS OF CONNECTICUT cedure shall be deemed necessary and beneficial to the town by such selectmen and shall be so voted at a meeting of such selectmen and a record of such vote entered in the minutes of the meetings of such board. Upon the sale, after foreclosure, of such real estate, or any part thereof, and after complete satisfaction to such town of the amount secured by such lien, plus interest, together with all costs and expenses, any balance remaining shall be paid over by such selectmen to such resident, or if he be deceased, to his estate. The board ot selectmen of such town is authorized to execute, in behalf of the town, all releases, deeds and any other instruments necessary to carry out the provisions of this act. Upon written request therefor, the selectmen shall forthwith issue to the applicant, a statement of the amount due to be paid to cancel such lien. No such lien shall be valid and enforceable after the expiration of fifteen years from the date it was recorded. See Appendix (XVI). 1939 Sec. 111 e. Lien against property. If any person receiving such aid shall neglect or refuse to sign such agreement, the selectmen are au- thorized to file a lien against such property to secure the disburse- ments of such town made prior to filing such lien, and any disburse- ments which may thereafter be made, and such lien from the time of filing shall have the same force and effect and may be foreclosed in the same manner as any agreement provided for in section HOe. 1918. S. 1624 Sec. 1694. Paupers supported in almshouses; not by contract. It shall be unlawful for any town, or the selectmen or agent thereof, to make any contract for the support of any person liable to be supported by such town. All persons supported by any town shall be supported in an almshouse or other place or places provided by such town, but nothing in this section shall be construed to prevent towns from giving temporary aid to any person in need of partial support, nor to prevent any two adjoining towns from uniting for the support of their paupers in an almshouse or other place or places provided by such town within the limits of either of such towns. 1918, S. 1625 Sec. 1695. Medical treatment, Bach town shall provide medical treatment by one or more competent physicians for all persons liable to be supported by such town when such persons are in need thereof; but no town shall provide such medical treatment by contract by auc- tion to the lowest bidder. 1918, S. 1626 Sec. 1696. Parent neglecting to support child to be deemed a pauper. The parent of any minor child, who shall neglect or refuse to provide for his support, and abandon him to be supported as a pauper, shall thereupon be deemed to be a pauper, and as such shall be subject to all the provisions of this and the preceding chapter. 1918, S. 1627 Sec. 1697. Overseers of the poor. Reimbursement by paupers and mentally ill. The selectmen of each town shall be overseers of the poor, and shall, at the expense of the town, provide all articles neces- sary for the subsistence of all paupers belonging to it. When any person has been or shall be supported, in whole or in part, by the state or any town, or any sum has been or shall be paid by the state or any town for the care, treatment and support of a mentally ill, epileptic or feeble-minded person, such person shall be liable to pay for such support a reasonable amount or to reimburse such sum, and, on his failure so to do, his executor, administrator or conservator shall be so liable, provided he shall have sufficient assets in his hands be- Sec. 1696. This statute constitutional, and parent may be taken to the poorhouse as a pauper. 35 C. 538. Sec. 1697. Selectmen have power to settle an account for supplies to pauper and such settlement is evidence of pauper’s settlement. 29 C. 113. Powers of selectmen to restrain pauper. 34 C. 132; 71 C. 724. They cannot collect and discharge debts of paupers. 38 C. 191. One selectman has no power to submit question of settlement to arbitration. 54 C. 34. SOCIAL WELFARE LAWS OF CONNECTICUT 68 longing to the estate of such person; and such amount may be re- covered in a civil action, and the statute of limitations shall not be pleaded therein. Sec. 1698. Disclosure by person applying for support. Each person applying for or receiving support from any town shall, when requested by its selectmen, make a full disclosure of his financial condition and of all property owned by him, and they may cause such disclosure to be reduced to writing and require his oath and signature thereto. Any person applying for or receiving support from any town who shall re- fuse to make such full disclosure shall be fined not more than five hundred dollars or imprisoned not more than one year or both and any person who shall violate any of the provisions of this section shall pay just damages to the town injured thereby. 1918, S. 1628, 1630 Sec. 1699. Disclosure by person controlling property. Each person having in his possession or control any property of any person apply- ing for or receiving such support, or being indebted to him, or having knowledge of any property belonging to him, and any officer having control of the books and accounts of any corporation which has pos- session or control of any property belonging to any person applying for or receiving such support or is indebted to him, shall, upon presenta- tion by such selectmen or any of them or their attorney of a certificate signed by them or him stating that such person has applied for or is receiving support from the town, make full disclosure to such select- men or attorney as to any such property or indebtedness. Any person who shall violate any of the provisions of this section shall be fined not more than one hundred dollars and shall pay just damages to the town injured thereby. 1918,S. 1629, 1630 Sec. 1700. Penalty for fraud or deception. Any person who shall defraud or assist in defrauding any town as to the support of its pau- pers, or shall deceive the selectmen thereof in obtaining support for any person not entitled to the same, shall be fined not more than five hundred dollars or imprisoned not more than one year or both. 1918, S. 1630 1918, S. 1631 Sec. 1701. Paupers subject to selectmen. Claims for supplies. Pau- pers shall be liable to be removed to such places as the selectmen may lawfully designate, to be supported as the town or selectmen may direct, and shall be subject to the orders of the selectmen, and no individual shall have any claim against a town for supplies or assist- ance furnished to a pauper against the express directions of the select- men, nor before he has given notice of the condition of such pauper to one of the selectmen of the town where the pauper resides. Sec. 1702 as amended by Sec. 663c and Sec. 244f. Support of non- resident paupers; notice. When a person not an inhabitant of the Sec. 1701. No recovery from town for support of person if such person has prop- erty. 4 C. 553 ; 5 C. 244; 34 C. 264; 66 C. 139. Notice to selectmen of the where the pauper resides is indispensable. 6 C. 72. What constitutes notice. 18 C. 189; 43 C. 53. Selectmen not necessarily confined in the exercises of their powers to the limits of their own towns. 71 C. 724. Sec. 1701. Sufficiency of notice to town of support of pauper. Disclaiming liabil- ity. 112 C. 406. 407. Sec. 1702. Omission to aver notice cured by verdict. 1 D. 183. What amounts to a waiver of notice. 3 C. 553, 558. Who are paupers. 3 C. 553; 4 C. 553 ; 5 C. 244; 8 C. 393; 14 C. 394; 16 C. 43i; 21 C. 101; 34 C. 264; 51 C. 491; 52 G. 158. Owner of valueless equity mav be pauper; 71 C. 724; so one who has income of ten dollars a week. 76 C. 152. When no rcovery for supplies furnished. 3 C. 568. Ex- press request or promise need not be shown. 4 C. 209. Evidence of notice admis- sible. 7 C. 100. What is sufficient “notice.” 18 C. 189; 33 C. 141; 38 C. 249; 43 C. 53, 212; 44 C. 210; 46 C. 281; 51 C. 490. Object of statute to provide for immediate relief 28 C 253 ’ Any one selectman is empowered to furnish relief and town is liable' upon the request of one. 45 C. 329. Effect of want of actual knowledge of town of settlement. 75 C. 515. Nature of notice; limitation of liability; family may be treated as a unit. 76 C. 152. Contents of notice. 85 C. 202, Sec 1702. (474b). Liability of town for care of pauper. 112 C. 405, 406. See note to Ch. 28. History of this statute reviewed. Its provisions' do not impose any express limitations upon the amount which the town rendering aid may expand, or be charged therefor. 119 C. 148-155. 1918, S. 1632 1929, C. 284. S. 3 1930 1931 j m3, S. 663c 1941 70 SOCIAL WELFARE LAWS OF CONNECTICUT town in which he resides shall become poor and unable to support him- self, the selectmen of such town shall furnish him with necessary sup- port as soon as his condition shall come to their knowledge, and each selectman neglecting such duty shall be lined seven dollars. The selectmen of each town to which a pauper belonging to another town is chargeable shall give notice of his condition to the town to which such pauper belongs, within fifteen days after they shall know to what town he belongs, and a letter deposited in the postoffice, postage paid, stating the name of the pauper, and that he is chargeable, signed by a selectman of the town where he resides, directed to the selectmen of the town where he belongs, shall be sufficient evidence that notice was given at the time that such letter would, in the usual course of the mail, reach the selectmen to whom it was directed; and actual notice in writing, sent in any other mode, shall be sufficient; and, when the selectmen shall have knowledge of the town where such pauper be- longs, such town shall not be liable for any expense for the time dur- ing which there was a neglect to give such notice; and such town shall not be liable to pay more than the actual disbursements of the town which rendered the aid, nor at a greater rate than seven dollars a week for persons over fourteen years of age, six dollars a week for persons between six and fourteen years of age, and four dollars a week for persons less than six years of age; provided, when such persons shall be sick and receive medical attendance such town shall not be liable to pay more than the actual disbursements of the town which rendered the aid, nor at a greater rate than fourteen dollars per week, nor if cared for or supported at a public hospital, the actual disburse- ments of the town which rendered the aid. Any hospital receiving state aid shall charge a uniform rate for paupers receiving medical attendance or being supported and cared for in such hospital under the provisions of this section. In case of dispute between towns as to liability under the provisions of this section, or as to the amount of such liability, the dispute may be referred to the commissioner of welfare after written agreement between the respective towns acting by their selectmen. Said commissioner of welfare, by himself or a duly appointed representative, shall hear the parties to the dispute, after written notice to both parties. The decision of said commission- er or his representative, after such hearing, shall be final and conclu- sive. At such hearings before the commissioner or his representative parties shall have the right of subpoena, to appear by counsel and to present such witnesses as they shall desire. 1918, S. 1633 1919. C. 122 1927, C. 221 1943 Sec. 1703 as amended by Sec. 365g. Burial. When a pauper not an inhabitant of the town where he resides, or a state pauper, shall die, the selectmen of such town shall give to such pauper a decent burial, which shall include a stained wood or crepe-covered casket, suitably trimmed and inclosed in an outside pine box; and, for the expense thereof, the town where such pauper belongs or. if a state pauper, the state, shall pay a sum not exceeding one hundred dollars to the town burying such pauper. Any person buying or causing to be buried any such pauper in violation of the provisions of this section shall be fined not less than twenty-five dollars. This section shall not affect the provisions of section 2701. 1918, S. 1634 Sec. 1704. Expense for paupers recoverable from other towns. Each town incurring any necessary expense, pursuant to the provisions Sec. 1703. See note to Sec. 1702. Sec. 1704. Selectmen have power to settle an account presented by another town. 29 C. 113. A judgment against a town for supplies furnished a pauper is binding only on the parties to the suit and their privies. 47 C. 237. Party not estopped by an admission made in ignorance of his rights. SO C. 84. Evidence of prior judgment against the plaintiffs inadmissible. 51 C. 490. Sec. 1704. See note to Sec. 1702. Sec. 1704. When a minor son marries, he becomes emancipated, and no longer takes the settlement of his father by derivation, and the children of the minor son do not take the settlement of their grandparent. Accordingly, a town wherein the father of a married minor son acquired a settlement after the marriage of the son is not bound (*7 Conn. Sup. 239) to reimburse another town for expense incurred for the support of the pauper children of said minor son. (*7 Conn. Sup. 238). SOCIAL WELFARE LAWS OF CONNECTICUT 71 of sections 1702 and 1703, for a pauper belonging to another town, may recover it from such town, provided the town incurring such expense shall render to the town liable therefor an itemized statement of the expense so incurred, once in six months during the period that such expense is being incurred. Sec. 1705. When selectmen may sell property of dead pauper. When any person supported at the expense of any town shall die, leav- ing personal estate not exceeding fifty dollars in value, the selectmen of such town may sell it for the use of such town, unless some person interested in such estate shall take out administration thereon within ninety days after such death. 1918, S. 1635 Sec. 1706. Almshouses; establishment; removal of mentally ill from. Any town may establish one or more almshouses for the admis- sion of poor persons, and adopt by-laws for their management, which may at any time be repealed by the superior court. The selectmen, person, committee or board of any town, having authority to provide for the poor therein, shall cause all persons who are supported in any almshouse or institution in such town, other than an institution main- tained by the state or county, to be examined by a physician at least once in six months. Such authority, upon ascertaining that any feeble- minded or mentally ill person is being supported in an almshouse, shall forthwith institute proceedings for the commitment of such person to an institution for the mentally ill or for the feeble-minded. 1918. S. 1637, 1640 1919, C. 301, S. 2 See Sec. 2628 Sec. 1707 as amended by Sec. 664c and Sec. 245f and 246f. Exam- ination by physician. Each physician making the examination pro- vided for by section 1706 shall file with the public welfare council a sworn statement during the first week of June and December in each year, showing that the examinations required by the provisions of said section has been made, the almshouse or other institution where such examination was conducted, the name, age, date of admission of any mentally ill or feeble-minded person found therein, if any, and a state- ment concerning the mental and physical condition of such person. Upon the failure of any town to cause such examination and report to be made, the public welfare council, as soon as practicable after the expiration of the time for making the same, shall cause such examin- ation to be made by a physician to be designated by said public wel- fare council, and the expense thereof shall be paid by such town, and the attorney general may collect the cost thereof in a civil action in the name of the state in the superior court of the county wherein such town is situated. Said public welfare council may remove to a suitable state institution any mentally ill or feeble-minded person detained in an almshouse. The proceedings for commitment of such person to an institution for the care of the mentally ill or the feeble-minded shal be brought to the probate court in the district wherein such pei son resides and shall be conducted in the manner prescribed by statute for the commitment of the mentally ill or feeble-minded, and the costs thereof and three dollars per week for the support of any person com mitted shall be paid to the state by the town in which such person re- sides. 1918, S. 1641 1919, C. 301, S. 2 1930 1935, S. 664c 1941 Sec 1708 as amended by Sec. 665c. Support of paupers in their own or the next town. All paupers shall be supported at some place or places within the town to which they belong or in a town adjoin- ing that to which they belong; provided, if there is no suitable place in the town to which they belong, or in an adjoining town, they may be supported in any suitable place within the county in which they be- long. 1918, S. 1638 1930 1935 Sec. 1706. Keeper of poorhouse may restrain but not barbarously treat inmates, r Poorhouses are exempt from taxation although located in another town. effecV of excess of land whereon crops are raised and sold at a profit to outsiders. 91 C. 592, 72 SOCIAL WELFARE LAWS OF CONNECTICUT By State 1933 1935 Sec. 667c. Interstate transportation. The commissioner of welfare is autaorized to enter into reciprocal agreements with other states re* garding the interstate transportation or poor and indigent persons and to arrange with the selectmen for the acceptance and support of per- sons receiving public aid in other states in accordance with the terms of such reciprocal agreements. 1918, S. 1642 1919, C. 345, S. 1 1921, C. 349 1930 1935 Sec. 1710 as amended by Sec. 668c. Commissioner of welfare to provide support. All persons who have no settlement in any town in this state, and all indigent persons discharged from the State Prison or a county jail, or from the state or a county workhouse, who were not inhabitants of any town in this state at the time of their commitment to such prison, jail or workhouse, and have no relatives in this state liable and able to support them, together with all children born of such persons while serving out a sentence in such prison, jail or work- house, shall, if in need of relief, be provided for by the commissioner of welfare as state paupers at the expense of the state. 1918, S. 1636 1929, C. 104 1941, S. 247 1943 Sec. 1711 as amended by Sec. 367g. Settlement lost in four years. Any person having a settlement in any town in this state, who has, or who shall have resided outside of said town for a period of four con- secutive years, shall be deemed to have lost his settlement therein. The provision of this section shall apply to any person having a pauper status whether such status was fixed prior to or after the effective date of this act October 1, 1943, but not to any person whose absence from the town of settlement is caused by service in the armed forces of the United States or by confinement in any institution. 1918, S. 1643 Sec. 1712. Status of certain state paupers. The status as a pauper of any person who had, on October 1, 1907, received relief or support as a pauper at the expense of the state for a period of less than six months preceding said date shall be and remain the same as before said date. Any such person shall, if needing relief, be provided for as prescribed in sections 2493 and 2496, Revision of 1902, and chapter 124. Public Acts 1903, which are continued in force for said purpose only. 1918, S. 1644, 1645 1919, C. 345, S. 1 1921, C. 29, 349 1930 1935, S. 668c 1939 Sec. 1713 as amended by Sec. 561e. Reimbursement of towns. Each town, through its selectmen, shall, unless such support shall be other- wise provided for by the state, furnish necessary support to all state paupers therein or sent from such town to any hospital in this state, and shall be reimbursed by the state therefor. Within five days after such selectmen shall commence to provide relief or support to any such pauper, one of them shall forward to the commissioner of welfare a statement containing the facts, as they may be known by the select- men, giving the name of such person, the time he came into the state and into the town, the place from which he came, the cost of the re- lief furnished to him, the time when such relief was first administered and any other information required, in the form prescribed by said commissioner and on blanks furnished by him, which statement shall be signed and sworn to by one of such selectmen. At the end of each quarter within which such relief or support has been provided under the provisions of this section or when otherwise required by said com- missioner, one of the selectmen of such town shall send to said com- missioner, in the form prescribed by said commissioner, a statement of Sec. 1710. See note to Sec. 1684. Sec. 1710. Cited. 127 C. 59. Sec. 1711. Cited 127 C. 59. Sec. 1712. Who are state paupers under this section. 50 C. 554; 58 C. 277 Sec. 1712. 116 C. 537, 545. City of Bridgeport vs. Town of Greenwich. Sec. 1713. Cited 114 C. 235. See note to Ch. 28. Sec. 1713. Cited 127 C. 59. SOCIAL WELFARE LAWS OF CONNECTICUT 73 the cost to such town of such relief during such quarter, which state- ment shall be signed and sworn to by such selectmen. The word “se- lectmen”, as used in this section, shall be construed to include any other officer or board which, instead of the selectmen, lawfully exer- cises the powers and duties of overseers of the poor, and the word “selectman” shall include any such officer or a member of any such board. The commissioner of welfare, if satisfied that the statements are substantially true and that the disbursements are reasonable, shall certify them for payment. If not satisfied he may reject such claim, and such town may present the same for further investigation to such committee as the general assembly may appoint therefor. If such com- mittee determine in favor of such claim, it shall then be paid, together with the cost of travel and attendance of necessary witnesses and a sum not more than twenty-five dollars for counsel fees. Sec. 1714 as amended by Sec. 668c. Commissioner of welfare may contract for support. The commissioner of welfare may from time to time contract with any person for not more than five years for the relief and support of such indigent persons at a rate not exceeding the sum specified in section 1702, and the contractor shall be entitled to receive at the end of every six months the amount then due on such contract; and the commissioner of welfare may remove any state pauper from any town and place him with such contractor. The comp- troller shall adjust any demands arising under such contract and draw orders on the state treasurer for the payment thereof. 1918, S. 1646 1919, C. 345, S. 1 1921, C. 349 1930 1935 Sec. 1715 as amended by Sec. 668c. Commissioner of welfare may contract with towns. Bond. The commissioner of welfare may contract with any town for the support of state paupers for such time and on such terms as he may deem expedient and for the best interests of the state; and state paupers may be removed to such place and sup- ported as the commissioner of welfare shall direct, and shall be subject to his orders; and the commissioner of welfare is authorized to detain any such pauper during the time he is making an investigation for the purpose of ascertaining whether such pauper shall be deported by the United States or other authorities. When the commissioner of welfare shall contract as provided in this section, he shall take of such con- tractor a sufficient bond, with surety, conditioned for the faithful per- formance of such contract and that such paupers shall be treated with humanity and shall have a sufficient supply of food and decent and comfortable clothing and all necessary medical aid and attendance. 1918, S. 1647 1648 1919, C. 345, S. 1 1921, C. 349 1930 1935 Sec. 1716 as amended by Sec. 562e and Sec. 248f. Care of crippled children. Whenever there shall be found in any town in this state any poor, destitute or indigent child of sound mind who is a cripple or who is afflicted with poliomyelitis, or any non-contagious crippling disease, the selectmen of such town may make application to the court of pro- bate for the district in which such town is situated for the admission of such child to The Newington Home for Crippled Children, located at Newington, and if, upon inquiry, such court shall find that such child is a proper subject to be received into said home, it may order such selectmen to take such child to said home to be kept and supported for such length of time as such court may deem proper, provided said corporation shall not be required to receive any child so committed unless it can conveniently receive and care for such child at the time of commitment, and provided said corporation shall have the right to return to the town in which such child belongs any child so taken who shall be pronounced by the physicians employed by said corporation, after examination, to be unfit for retention, or who, by reason of im- provement in its condition or completion of its treatment or training, ought not to be further retained. Such selectmen shall not take or commit any such child to said home until the order of such court shall have been approved by the commissioner of welfare, and no child shall 1918, S. 1649 1919, C. 243 1921.C. 2SS 1923, C. 69 1930 1935, S. 668c 1939, S. S62e 1941 74 SOCIAL WELFARE LAWS OF CONNECTICUT be received by said home to be supported in any manner by the state without the approval of the commissioner of welfare. There shall be taxed by the comptroller nine dollars a week for each week such child shall remain at said home or under the control of said corporation, and said corporation shall make its bill therefor quarterly and present it to the commissioner of welfare, upon whose approval it shall be paid by the state, and the balance shall be paid by the parents or grandparents of such child, or, if the child is an indigent, by the town in which such child belongs; provided the sum to be paid by the parent or grand- parents of such child or by the town in which such child belongs shall not exceed two dollars a week in addition to the amount paid by the state. Relatives 1918, S. 1650 1921, C. 114 1930 1935, S. 669c 1939 Sec. 1717 as amended by Sec. 563e. What relatives to furnish sup- port. When any person shall become poor and unable to support him- self or herself and family, and shall have a husband or wife, father or mother, grandfather or grandmother, children or grandchildren who are able to provide such support, it shall be provided by them; and, if they shall neglect to provide it, the commissioner of welfare, the selectmen of the town, the husband or wife or any of such relatives or the con- servator of such poor person, may bring a complaint therefor to the superior court of the county in which such poor person resides, against such husband or wife or any of such relatives able to provide; which court may order the defendant or defendants to contribute to such sup- port, from the time of serving such complaint, such sum as may be reasonable and necessary and may issue execution monthly or quarter- ly for the same, which, when collected, shall be paid to said commis- sioner of welfare, selectmen, conservator, husband or wife or the per- son needing support, for that purpose, as the court may order. When such complaint shall be brought by the commissioner of welfare, select- men, conservator, husband or wife, the court, or any judge thereof in vacation, may require the defendant or defendants to become bound, with sufficient surety, to the state, town, conservator, husband or wife, to abide such judgment as may be rendered on such complaint. Fail- ure of the defendant or defendants to obey any order made hereunder, after execution shall have been issued and returned unsatisfied, may Sec 1717. Relatives by affinity not liable. K. 155; 1 R. 250; 3 C. 553. Relatives not liable for past expenses. 3 C. 553; 7 C. 57; 32 C. 142. Action at common law does not lie against relatives. 1 R. 60; 3 C. 507. Not responsible to a town in which the pauper has no settlement. 3 C. 553. If supplies are furnished parent at request of children, they are liable in assumpsit. 32 C. 142. Not necessary for town to ex- haust the remedies provided by this statute before taking a parent or pauper into cus- tody under section 1696. 35 C. 538. A wife whose husband neglects to support her may bring an action against him for contribution towards her maintenance. 72 C. 157. Nature of remedy; costs; 73 C. 607; “neglect to provide,” is condition precedent to action. 78 C. 650. Place of support. 73 C. 607; 82 C. 611. Measure of support. 78 C. 650; 82 C. 611; 103 C. 6. When state should be a party plaintiff. Ibid. A minor may properly be made a defendant and judgment rendered against him. Ib. 3. A proceeding under this statute is entirely different from a criminal prosecution for non- support. 91 C. 10. Application to question of dependency of mother on minor son under Workmen’s Compensation Act. 105 C. 420. Wife may maintain action in this state for support by husband, though neither resides here, if property of husband is subject to the jurisdiction of the-courts of this state. Ill C. 128. In a direct equi- table action by a wife against her husband, the. measure of the husband’s duty is that support to which the wife is entitled by virtue of the marriage contract. 114 C. 579, 580. Cited 117 C. 284. In a proceeding under this statute, it is necessary for the plaintiff to meet its terms in order to lay a basis for recovery. History of the statute reviewed. 123 C. 338-343. Continued: where relative has been providing support of an agreed amount, he is not liable under this section unless court finds amount insuf- ficient and a demand for increase duly made. 124 C. 518. 520, 521. Sec,. 1717. Cited 127 C. 506. SOCIAL WELFARE LAWS OF CONNECTICUT 75 be punished as contempt of court and the costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases. Sec. 1718 as amended by Sec. 669c. Support of surviving husband op wife by heirs. The estate of any person dying without issue, leav- ing a husband or wife surviving, shall be liable for the support of such surviving spouse until remarriage if such survivor shall become poor and there shall be no person or persons of sufficient ability, under the provisions of section 1717, to provide such support. Each person to whom any such estate shall be given or descend shall, to an amount equal to the estate so received by him, be liable to contribute to such support, and, if he shall neglect to provide such support, and sufficient support cannot be obtained from any of the persons liable under the provisions of said section 1717, then such survivor, the commissioner of welfare, the selectmen of the town in which such survivor resides, or any person liable under the provisions of said section 1717 to contrib- ute to such support but unable to wholly furnish the same, or any per- son other than the defendant or defendants, liable under this section to contribute to such support, may bring a complaint to the superior court in the county in which such survivor resides, against all or any of the persons, except the plaintiff, to whom any of such estate shall have been given or shall have descended. Said court may order the defendant or defendants to contribute to such support from the time of serving such complaint such sum, not exceeding the value of the property received by such defendant or defendants from the estate of such deceased, as may be reasonable and necessary, and may issue execution monthly or quarterly for the same, which,, when collected, shall be paid to such survivor, said commissioner of welfare or such selectmen, for such support, as the court may order. When such com- plaint shall be brought by the survivor, commissioner of welfare or selectmen, the court, or any judge thereof in vacation, may require the defendant or defendants to become bound with sufficient surety to such survivor, the state or town to abide such judgment as may be ren- dered on such complaint. 1918, S. 1651 1921, C. 177 1930 1935 Sec. 1719 as amended by Sec. 669c. Relief from support. Any de- fendant in an action brought under either section 1717 or section 1718 may, at any time thereafter, prefer his complaint to said court against such survivor, the commissioner of welfare, selectmen or other persons, plaintiffs in such action, to be relieved from such contribution; and, if said court shall find that he, being liable under said section 1717, is re- quired to contribute to an amount beyond his ability or beyond what is requisite for such support, or that he, being liable under said sec- tion 1718, is required to contribute beyond the amount received by him from the estate of such deceased or beyond what is requisite for such support, it may again direct how much, if anything, he shall contrib- ute therefor. If the contribution of the person or persons liable to support such poor person, as fixed by the court, be insufficient for such support, the remainder of such support shall be furnished by the state or such town. 1918, S. 1652 1921, C. 113 1930 1935 Selectmen Sec. 304. Contract for support of mentally ill poor. The selectmen of any town may contract in its behalf with the officers of the retreat for the mentally ill at Hartford for the support of any mentally ill poor person belonging to such town. Sec. 1718. Cited 127 C. 506. Sec. 1719. Cited 127 C. 506. 1918, S. 294 76 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 295 Sec. 305. Appointment of overseers; removal. If the selectmen of any town shall find any person likely to spend and waste his estate and to become chargeable to the town, they shall appoint some person to be his overseer, to advise and order him in the management of his busi- ness; which appointment shall be under their hands, specifying the cause, and the time, not exceeding three years, for which the appoint- ment is made, and shall be posted upon the signpost in such town, and a copy thereof shall be lodged with the town clerk of the town; but no such appointment shall be made unless they shall have given such per- son at least five days’ previous notice, in writing, of the time and place of the proposed appointment; but, if they shall have lodged with the town clerk of the town where such person resides an attested copy of such notice, no contract or conveyance made by him, between the time such notice is served on him and the day fixed for the hearing, shall be valid without the approval of the selectmen; and such selectmen may remove such overseer for neglect of duty or mismanagement in his trust and appoint another in his place. No person under the appoint- ment of an overseer shall be capable of making a contract without his consent. 1918. S. 296 Sec. 306. Duties of overseer. Revocation of appointment. The overseer shall superintend the management of the estate and con- cerns of such person; restrain him from improvident contracts and from wasting his estate and asset to all contracts and dispositions of his property necessary for a proper management of the concerns and support of such person or his family; and, if such person shall re- form, the selectmen may revoke the appointment of the overseer. 1918, S. 297 Sec. 307. Overseer, when superseded. When any person, subject to an overseer, shall remove to another town, such appointment shall continue, and such selectmen may reappoint such overseer or may appoint some other person in his place in the same manner as original appointments are made; but, when any person, so subject to an over- seer, shall have gained a settlement in any other town, no such re- appointment shall be made. 1918, S. 298 Sec. 308. Removal of overseer. Any person under an overseer may apply to any judge of the superior court to have the overseer re- moved; and the judge may issue an order citing the town in which the appointment was made to appear at some place designated and show cause why the application should not be granted, which shall be served with such application at least six days before the day of hearing; and, if the judge shall be of the opinion that the overseer ought to be re- moved, he shall remove him; and costs may be taxed in favor of or against either or neither party, and execution issued therefor by the clerk of the superior court in the county, which execution, together with the application, finding and order of the judge thereon, shall be returned to such clerk. 1933 Sec. 1068c. Selectmen to give permittees lists of drinkers receiving town aid. The selectmen of every town shall, annually or oftener, at their discretion, prepare a list of persons known to use alcoholic liquor to whom town aid for support has been furnished within the six months last past, and lodge a copy of such list with each person holding a Sec. 305. Being in derogation of common right this statute is to be strictly con- strued. 3 D. 131; 1 C. 79; 5 C. 357. Selectmen making appointment maliciously and without cause are liable in damages. 2 R. 214. Damages will be implied in such case, but not if appointment is invalid. 1 C. 317. An appointment without time limitation is void. 1 C. 79. An appointment over a non-resident is invalid. 3 C. 591. One under overseer is sui juris, except as to contracts. Ib. 5 C. 362. The disability as to contracts is general. 13 C. 247. Powers of selectmen as “overseers of the poor” differ essentially from those overseers appointed. 38 C. 192. Cited 84 C. 680. Sec. 306. A deed from a ward to his overseer is void. 5 C. 257. A ward may, without the consent of his overseer, appoint appraisers of his land, on execution levied. 5 C. 357. SOCIAL WELFARE LAWS OF CONNECTICUT 77 permit to sell such alcoholic liquor in such town, forbidding the gift, sale or delivery of such liquor to any person whose name appears on such list, or to any member of his legal family except upon a physi- cian’s prescription indorsed by a member of the board of selectmen in such town. Every permittee who, by himself, his servant or agent, shall sell, give, exchange or deliver alcoholic liquor to the persons described in this section after receiving such notice from such select- men shall be subject to the penalties of section 1083c. Sec. 1070c. Liquors not to be sent to certain persons or their abodes. Every person who, except upon the written order of a prac- ticing physician, shall carry or convey to any person or to his abode any alcoholic liquor, the sale or gift of wdiich to such person has been forbidden by section 1068c or 1069c, or who shall deliver to any person any such liquor for the use of any person to whom such sale or gift has been forbidden by either of said sections, shall be subject to the penalties of section 1083c. 1933 Sec. 1072c. Inducing minors to procure liq.uor. Any person who shall, for any purpose, induce any minor to procure alcoholic liquor from any person permitted to sell the same shall be subject to the penalties prescribed in section 1083c. 1933 1935 Sec. 1073c as amended by Sec. 978e. Loitering. Every permittee who, by himself, his servant or agent, shall permit any minor or any female (except she be the proprietor or an employee of the proprietor), or any person to whom the sale or gift of alcoholic liquor has been for- bidden according to law by the selectmen, either because of the com- plaint of some relative of such person, or because such person or some member of his legal family had received town aid for support within the time specified by law, to loiter on his premises where such liquor is kept for sale, or allow any minor, unless accompanied by his parent or guardian to be in any room where alcoholic liquor is sold at any bar, shall be subject to the penalties of section 1083c. 1933, S. 1073c 1939 Sec. 1083c. Penalties. Any person convicted of a violation of any provision of this chapter, for which a specified penalty is not imposed shall, for each offense, be fined not more than one thousand dollars or imprisoned not more than one year or both. 1933 1935 Electors Sec. 559. Who may be admitted. Each citizen of the United States who shall have attained the age of twenty-one years, who shall have re- sided in the United States for the five years next preceding, in this state for one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector at least six months next preceding, the time he may so offer himself, and who, at the time of offering himself, shall be able to read in the English language any article of the constitution or any section of the statutes of the state, and shall sustain a good moral character, shall, on taking the oath prescribed by law, be an elector. Any new or additional qual- ification herein imposed shall not be required of any person who has heretofore been admitted to the privileges of an elector in this state. No person shall be deemed to sustain a good moral character, in ac- cordance with the provisions of section two of article six of the con- stitution, or shall be admitted to the privileges of an elector, who has, 1918. S. 535, 536 1921, C. 305, S. 1. 2 Ch. 151. When the liquor control commission has ground for believing that an applicant, though himself a suitable person may be an unsuitable permittee through the domination of another who is unsuitable, it can deny the application. 122 C. 443- 447. 78 SOCIAL WELFARE LAWS OF CONNECTICUT during his minority, been convicted three or more times of any offense punishable by the laws of this state with imprisonment or with fine and imprisonment; or who has, within twelve months before reaching his majority, been convicted of any offense mentioned in section three of article six of the constitution; or who, at the time of reaching his majority, was serving a term in jail or prison for any such offense. No idiot or mentally ill person shall be admitted as an elector. 1918, S. 537 1921, C. 305, S. 3 Sec. 560. Blind persons. No person, otherwise qualified to be an elector in this state, shall be held to be ineligible by reason of blind- ness or defective sight; but, if the applicant shall be able to write any article of the constitution or any section of the statutes of this state from dictation or read the same in raised print or the point characters used by the blind, it shall be sufficient evidence of his ability to read as required by law. 1918, S. 543 1921, C. 305 S. 9 1943 Sec. 565 as amended by Sec. 136g. Restoration of names to regis- try list. Each person who shall have resided in this state one year and in any municipality six months next preceding a general election, and who has been admitted *** previously as an elector in such mu- nicipality shall, unless he shall have forfeited the privileges of an elector by reason of conviction of crime, be entitled to have his name restored to the registry list and, after such restoration to vote therein. No person shall be deemed to have lost his residence in any munici- pality by reason of his absence therefrom in the service of this state or of the United States, including service in the armed forces or of their auxiliaries, nor shall the spouse of any such person be deemed to have lost his residence in any municipality by reason of such ab- sence therefrom; provided, unless such person shall make application for continuance on the registry list not later than seventeen days before each state election, he shall not be entitled to vote therein and the registrars shall remove his name from such list; and provided nothing in this section shall be construed to require any person in the service of the armed forces of the United States or any auxiliary there- of to file a request for continuance of his name on the registry list. 1918, S. S67 1921, C. 305, S. 32 Sec. 584. Voting residence of pauper. If any person shall be sup- ported in any town as a pauper by the payment to such town of any weekly or other regular sum of money from any other town, his legal residence for purposes of registration or admission as an elector shall be in the town to which he is chargeable. 1933 Sec. 164c. Electors residing in state institutions. No person shall be deemed to have lost his residence in any town by reason of his ab- sence therefrom in any institution or home maintained by the state. No person who resides in any institution or home maintained by the state shall be admitted as an elector in the town in which such insti- tution or home is located, unless he shall prove to the satisfaction of the board of registration in such town that he is a permanent resident of such institution or home. SOCIAL WELFARE LAWS OF CONNECTICUT 79 Taxation Sec. 1163 as amended by Sec. 157f and Sec. 158f. Exemptions. The following-described property shall be exempt from taxation: (1) Property belonging to, or held in trust for, the United States; (2) property belonging to, or held in trust for, this state; (3) except as otherwise provided by law, property belonging to, or held in trust for, a county of this state and used for county purposes, provided this ex- emption shall not apply to property belonging to, or held in trust for, a county of this state which has been rented or leased for private use. (4) except as otherwise provided by law, property belonging to, or held in trust for, a municipal corporation of this state and used for a public purpose, including real and personal property used for cemetery purposes; (5) as long as used by the public for public purposes, prop- erty held by trustees named in a will or deed of trust and their suc- cessors for this state or its people, one of its counties of its people or one of its municipal corporations or its people; (6) the property of any unit of the Connecticut National Guard, while being used for mil- itary purposes, or for other public purposes; the property of any vol- unteer fire company used for fire protection or for other public pur- poses, if such company receives any annual appropriation from the town; and, as long as the owner thereof shall make only a nominal charge not in excess of twenty-five dollars annually for its use, prop- erty not owned by a Connecticut municipality wherein the same is situated, provided such property is exclusively used by the public in lieu of public property which would otherwise be required, as author- ized by any general statute or special act; shall be exempt from taxa- tion; (7) subject to the provisions of sections 1164 and 1165, the real 1918, S. 1160 1919, C. 159, C. 336, S. 3 1921, C. 109 1923, C. 251 S. 23 1925, C. 245, S. 1 1927, C. 13 C. 319, S. 1 1929, C. 24, S. 1, C. 246 1930 1933, S. 368c 1937, S. 324e 325e, 326e 1941 Sec. 1163. Buildings taxable against lessee though land exempt. 10 C. 490; 51 C. 259. Lands given for use of the ministry taxable against lessee for 999 years where lease stipulated he should pay the taxes assessed. 14 C. 228. Such lands taxable in case of sale. 30 C. 160. Grant to ecclesiastical society expressly, without condition, is not within statute as a grant for religious or charitable purposes. 21 C. 481. Act of 1859 not unconstitutional as to lands previously given to charitable uses. 31 C. 407. Lease for 999 years for all practical purposes a fee. 31 C. 407. Statute of 1702 exempting lands given for the ministry for public or charitable uses not a con- tract; but, if otherwise, a lease for 999 years without reserving rent is a violation of the contract. 36 C. 116. Property conveyed to such uses prior to 1821 left under act of 1702. 38 C. 274. Tax illegally assessed in part, illegal in toto. 38 C. 274. Reservoir held by municipality for public use and necessary land for same exempt. 44 C. 361; see Sec. 1157. Building earning money applicable to secular uses not exempt as a church. 54 C. 153. Land of camp meeting association conveyed by lease forfeitable may be taxed against lessee. 54 C. 153. Property of ecclesiastical society must be exclusively used for its purposes to be) exempt. 61 C. 228; 66 C. 368, 476. Word “used” applied to corpus of real estate. 66 C. 482. Dormitories and dining halls of Yale University not taxable. 71 C. 316. Legislature may grant exemp- tions; 89 C. 399; 92 C. 107; but they are to be strictly construed. 85 C. 678. One who grows hay on shares held to be producer of farm crops. 79 C. 295. Ferry owned by city but leased. 87 C. 231. “Buildings” of school held to include appurtenant lands used for playground. 87 C. 474; see 85 C. 674. Private school not exempt. 88 C. 242; 105 C. 456; 108 C. 138. Property of joint-stock agricultural societies is within the exemption. 88 C. 628. Buildings used for rest-house, at which board is paid, held not exempt. 90 C. 504. Land used by one town for poor farm exempt, though located in another. 91 C. 589. Purposes of institution to be gathered from its charter; meaning of term “benevolent society.” 95 C. 55. All property of munici- pality held for public use is exempt though located in different towns; exemption not lost by incidental non-public user. 95 C. 548, 550. But an assessment of benefits is not a tax under this statute. 96 C. 523. Abandonment as destroying right to exemp- tion. 91 C. 595. Power of legislature to repeal exemption statute. 108 C. 252. Sec. 1163. Property of a corporation without capital stock1 not exempt from taxa- tion if not so organized that, if in the future it should make a profit, that profit could be distributed to its members. Ill C. 204-206. A municipal water system, provided under legislative authority, is used for a public purpose and entitled to exemption as such. 112 C. 517, 519. Cited 115 C. 133. The theory of the legisla- ture in exempting certain corporations from taxations is to exempt property seques- tered for the service of the public. 117 C. 382, 383, 385. Masonic lodges not exempt from taxation. History of exemption statutes reviewed. 119 C. 57-63. (sub- section 7). To entitle property to exemption from taxation, it must be sequestered from private use and it must be shown that it is devoted to the public use. 119 C. 107, 112. Sec. 1163 (subdiv. 7). Cited 121 C. 468, 470. 80 SOCIAL WELFARE LAWS OF CONNECTICUT property of, or held in trust for, a Connecticut corporation organized exclusively, for scientific, educational, literary, historical or charitable purposes or for two or more such purposes and used exclusively for carrying out one or more of such purposes and the personal property of, or held in trust for, any such corporation, provided (a) any officer, member or employee thereof does not receive or 'at any future time shall not receive any pecuniary profit from the operations thereof, ex- cept reasonable compensation for services in effecting one or more of such purposes or as proper beneficiary of its strictly charitable pur- poses, and provided (b) in 1933, and quadrennially thereafter, a state- ment on forms prepared by the tax commissioner shall be filed on or before the last day required by law for the filing of assessment returns with the local board of assessors of any town, consolidated town and city, or consolidated town and borough, in which any of its property claimed to be exempt is situated; (8) subject to the provisions of sec- tions 1164 and 1165, property belonging to, or held in trust for, an agricultural or horticultural society incorporated by this state receiv- ing from the state reimbursement in part for cash premiums given at an agricultural or horticultural exhibition held by it in the state, pro- vided (a) any officer, member or employee thereof does not receive or at any future time shall not receive any pecuniary profit from the op- erations thereof except reasonable compensation for services in the conduct of its affairs, and provided (b) in 1933, and quadrennially thereafter, a statement on forms prepared by the tax commissioner shall be filed on or before the last day required by law for the filing of assessment returns with the local board of assessors of any town, consolidated town and city or consolidated town and borough in which any of its property claimed to be exempt is situated; (9) subject to the provisions of section 1165, tangible and intangible property owned by, or held in trust for, a religious organization, provided such tangible property and the income from such intangible property are used exclu- sively for cemetery purposes; donations held in trust by a municipal- ity, an ecclesiastical society or a cemetery association, the income of which is to be used for the care or improvement of its cemetery, or of one or more private burial lots within such cemetery. Subject to the provisions of sections 1164 and 1165, any other tangible property used for cemetery purposes and any other intangible property, the income from which is used for cemetery purposes, shall not be exempt, unless (a) such tangible property or the income from such intangible prop- erty is exclusively so used, and (b) any officer, member or employee of the organization owning such property does not receive or at any future time shall not receive any pecuniary profit from the cemetery operations thereof except reasonable compensation for services in the conduct of its cemetery affairs, and (c) in 1933, and quadrennially thereafter, a statement on forms prepared by the tax commissioner shall be filed on or before the last day required by law for the filing of assessment returns with the local board of assessors of any town, consolidated town and city or consolidated town and borough, in which any of its property claimed to be exempt is situated; (10) personal property within the state owned by, or held in trust for, a Connecticut religious organization, whether or not incorporated, if the principal or income shall be used or appropriated for religious or charitable pur- poses or both; (11) subject to the provisions of section 1165, houses of religious worship, the land on which they stand, their pews, furniture and equipment owned by, or held in trust for the use of any Connecti- cut religious organization; (12) subject to the provisions of section 1165, real property and its equipment owned by, or held in trust for. any religious’ organization and exclusively used as a school, a parish house, an orphan asylum, a home for children, a reformatory or an in- firmary or for two or more of such purposes; (13) subject to the pro- visions of section 1165, dwelling houses and the land on which they stand owned by, or held in trust for, any religious organization and actually used by its officiating clergymen; (14) subject to the provi- SOCIAL WELFARE LAWS OF CONNECTICUT 81 sions of section 1165, all property of, or held in trust for, any hospital society or sanatorium which is supported wholly or in part by state appropriations: (15) subject to the provisions of section 1165, tangible property owned by, or held in trust for, any Connecticut bona fide veterans’ organization or any of its local posts, which organization shall be composed in whole or in major part of veterans of the military or naval service or both of the United States in any way, except the civil war; provided such property shall be actually and exclusively used and occupied by such organization. Tangible property belong- ing to the Grand Army of the Republic, or owned by, or held in trust for, any local post thereof, shall continue to be exempt from taxation in accordance with the provisions of section 1172. Effective April 30, 1937; (16) all moneys used for charitable purposes and owned by, or held in trust for, any Connecticut grand army post or other Connec- ticut bona fide association of individuals who served in one or more of the combatant forces of the United States in time of war and were honorably discharged therefrom; (17) subject to the provisions of sec- tions 1166 and 1167, property to the amount of three thousand dollars belonging to, or held in trust for, any blind person, resident of this state, who shall be in needy circumstances; (18) subject to the provi- sions of sections 1166 and 1171, property to the amount of three thous- and dollars belonging to, or held in trust for, any resident of this state who has served or is serving in the army, navy, marine corps or coast guard of the United States and is receiving a pension, annuity or com- pensation from the United States because of the loss in service of a leg or arm or that which is considered by the rules of the United States pension office or the bureau of war risk insurance, the equiva- lent of such loss; (19) subject to the provisions of section 1166 and 1171, property to the amount of one thousand dollars belonging to, or held in trust for, any resident of this state who has served in the army, navy, marine corps or coast guard of the United States in time of war, or during the Philippine insurrection or China relief expedition, Mexi- can expedition or Nicaraguan expedition, and received an honorable discharge therefrom, any veteran of any of said wars or campaign, who is still in the service and by reason of continuous service has not as yet received a discharge, or who, being a veteran of any war or of the Philippine insurrection or of the China relief expedition, Mexican expedition or Nicaraguan expedition, retired from the army, navy, marine corps or coast guard service after thirty years of service on account of having reached the age limit prescribed by law or from mental or physical disability, or who is serving in the army, navy, ma- rine corps or coast guard of the United States in time of war; or lack- ing said amount of property in his own name, so much of the property belonging to, or held in trust for, his wife as shall be necessary to equal said amount; (20) subject to the provisions of sections 1166 and 1171, during her widowhood, property to the amount of one thousand dol- lars belonging to, or held in trust for, any widow, resident of this state, of one who has served in the army, navy, marine corps or coast guard of the United States in time of war and lias died either during his term of service or after receiving an honorable discharge therefrom; (21) subject to the provisions of sections 1166 and 1171, property to the amount of one thousand dollars belonging to, or held in trust for, any widow, resident of this state, of one who has served in the army, navy, marine corps or coast guard of the United States, wTiich widow is re- ceiving a pension, annuity or compensation from the United States; (22) subject to the provisions of section 1166 and 1171, property to the amount of one thousand dollars belonging to, or held in trust for, a widowed mother, resident of this state, of one who has left no widow and who has served in the army, navy, marine corps or coast guard of the United States in time of war and has died during his term of service or after receiving an honorable discharge therefrom; (23) subject to the provisions of sections 1166 and 1171, property to the amount of one thousand dollars belonging to, or held in trust for, any 82 SOCIAL WELFARE LAWS OF CONNECTICUT father or mother, resident of this state, of one who has served in the army, navy, marine corps or coast guard of the United States as long as such father and mother shall receive a pension, annuity or com- pensation from the United States; (24) fuel and provisions for the use of any family; (25) household furniture, used by and belonging, to any family, to the value of five hundred dollars; (26) private libra- ries and books to the value of two hundred dollars; (27) musical in- struments, inclusive of radios, used by and belonging to any family, to the value of twenty-five dollars; (28) watches and jewelry used by any individual to the value of twenty-five dollars; (29) all other wearing apparel of every person and family; (30) fishing apparatus actually used in the main business of any person or company to the value of two hundred dollars; (31) tools of a mechanic, actually used by him- self in his trade, to the value of two hundred dollars; (32) farming tools actually and exclusively used in the business of farming on any farm to the value of two hundred dollars; (33) produce of a farm, actually grown, growing or produced during the season next preceding assessment day, including colts, calves and lambs, while owned and held by the producer or by a co-operative marketing corporation or- ganized under the provisions of chapter 194, when delivered to it by such producer: (34) sheep and Angora goats owned and kept in this state to the value of one hundred dollars; (35) swine to the value of fifty dollars: (36) poultry to the value of twenty-five dollars; (37) cash on hand or on deposit. Effective April 7. 1937; (38) bonds issued by the state of Connecticut in accordance with any general statute or snecial act which provides for exemption from taxation; (39) bonds in the hands of the holder thereof issued by any town or city in aid of the construction of the railroads of the Connecticut Western Railroad Company, the New Haven. Middletown and Willimantic Railroad Com- nany, the Shepaug Valley Railroad Comnanv. the Connecticut Valley Railroad Company, the Connecticut Central Railroad Company, or any of them, to provide or raise money to pay for stock of any of said com- panies subscribed for by such town or citv. When any town or city in this state shall have issued bonds under the provisions of the statutes for the purpose of redeeming or providing a fund to redeem its bonds originally issued in aid of the construction of any railroad, and which were exempt from taxation, or for redeeming or providing a fund to redeem any reissue of the same, such bonds and the amount invested therein shall be exempt from taxation in the hands of the holders thereof, in the same manner and to the same extent as the original hoede nii'i the amounts invested therein, and no direct, indirect or franchise tax shall be assessed thereon. 1929, C. 24, S. 2, 3 S°c. 116*. Additional report. Property, when taxab'e During any vo?.r for which a report is not required bv subdivisions (71, (8) and 19) of section 1163, a ror*ort shall 1m filed during the time prescribed bv law for the filing of assessment lists next succeeding the acauiring of property not theretofore made exempt bv said subdivisions. Property otherwise exempt under any of said subdivisions and this section shall be subject to taxation until the requirements of said subdivisions and of this section have been complied with. 1927, C. 319, S. 2 Sec. 1165. When property otherwise taxable may be completely or oartiallv exempted. Real property belonging to, or held in trust for. anv organization mentioned in subdivision (7), (8), (9), (11), (12), (13), (14) or (15) of section 1163, which real property is so held for Sec. 1163. Property held by trustee under instructions to anply it to a certain nuhlic purpose, but not yet so used, is not exempt under subdivision (5). 12.1 C 129. Sec. 1163. (11) and (13). Property used as a place of temporary sojourn for spiritual rest and refreshment not within the exemption of subdivision (11) or (13). 125 C. 52, 60. Sec. 1165. See note to section 1163. Sec. 1165 Cited. 125 C. 59. SOCIAL WELFARE LAWS OF CONNECTICUT 83 one or more of the purposes stated in the applicable subdivision, and from which real estate no rents, profits or income are derived, shall be exempt from taxation though not in actual use therefor by reason of the absence of suitable buildings and improvements thereon, if the construction of such buildings or improvements shall be in progress. The real property belonging to, or held in trust for, any such organiza- tion, not used exclusively for carrying out one or more of such pur- poses but leased, rented or otherwise used for other purposes, shall not be exempt. If a portion only of any lot or building belonging to, or held in trust for, any such organization shall be used exclusively for carrying out one or more of such purposes, such lot or building shall be so exempt only to the extent of the portion so used and the remaining portion shall be subject to taxation. Sec. 1166 as amended by Sec. 329e. Assessors to determine exemp- tions. The board of assessors of each town, consolidated town and city or consolidated town and borough shall inspect the statements filed with it and required by sections 1163 and 1164 from scientific, ed- ucational, literary, historical, charitable, agricultural and cemetery or- ganizations, shall determine what part, if any, of the property claimed to be exempt by the organization shall be in fact exempt, and shall place a valuation upon all such property, if any, as shall be found to be taxable. Any organization filing a tax exempt statement, aggrieved at the action of the board of assessors, may appeal, within the time prescribed by law for such appeals, to the board of relief. Any such organization claiming to be aggrieved by the action of the board of relief may, within two months from the time of such action, make ap- plication in the nature of an appeal therefrom to the superior court of the county in which such town, city or borough is situated. No in- dividual entitled to exemption under two or more of subdivisions (17) to (23), inclusive, of section 1163, of section 370c and 371c and of sec- tion 328e shall receive more than one exemption. 1927, C. 319, S. 3, 6 1937, S. 24Id Sec. 1167. Proofs to b; filed by blind. No individual shall receive any exemption to which he is entitled by subdivision (17) of section 1163 until he or his duly authorized agent or attorney shall have given proof satisfactory to the board of assessors that he is blind and is In needy circumstances. No such blind person, not a resident of a town in which he is seeking exemption, shall receive the exemption to which he is entitled by subdivision (17) of section 1163 until he shall have complied with the provisions of section 1169. 1927, C. 319, S. 4 Sec. 1169 as amended by Sec. 331e. Exemption of soldiers and blind parsons, where made. The exemptions granted in sections 1163, 379c, 371c and 328e to soldiers, sailors, marines and members of the coast guard and the wives, widows, fathers and mothers, and to blind persons, shall first be made in the town in which the person entitled thereto resides, and any person asking such exemption in any other town shall annually make oath before, or forward his or her affidavit to, the assessors of such town, deposing that such exemptions, if al- lowed, will not, together with any other exemptions which may have been granted under such statutes, exceed the amount of exemption thereby allowed to such person. The assessors of each town shall annually make a certified list of all persons who are found to be en- titled to exemption under the provisions of such statutes, which list shall be filed in the town clerk’s office, and shall be prima facie evi- dence that the persons whose names appear thereon and who are not required by law to give annual proof are entitled to such exemption so long as they shall continue to reside in such town; but such assessors may at any time require any such person to appear before them for the purpose of furnishing additional evidence. 1918, S. 1164 ] 937. S. 243d Sec. 1206. Abatement of taxes. The selectmen of towns, the mayor and aldermen of cities, the warden and burgesses of boroughs and the 1918, S. 1289 84 SOCIAL WELFARE LAWS OF CONNECTICUT committees of other communities may abate the taxes assessed by their respective communities upon such persons as are poor and un- able to pay the same, and shall present to each annual meeting of their respective communities a list of all persons whose taxes they have abated in the preceding year. 1918, S. 1312 Sec. 1230. Poor debtor’s oath. When any person committed to jail by the collector for the nonpayment of any tax, except a personal tax, shall be poor and unable to pay it, he may apply to take the poor debtor’s oath, giving the requisite notice to the mayor or warden or one of the selectmen or committee of the community laying such tax; and, if he shall be admitted to take such oath, the community shall pay such collector the amount of the tax, and the costs occasioned by the commitment therefor, if made within eight months after the time when such tax became payable. 1918, S. 1324 Sec. 1255. Town almshouse property taxable for schoolhouse. When any school district having within its boundaries a town almshouse and farm shall impose any tax for the purpose of building or repairing its schoolhouse, such real estate owned by such town shall not be exempt from such txation. 1927, C. 318, S. 7 1929, C. 235, S. 7 Sec. 1358. Exemptions. No provision of this chapter shall be con- strued to apply to the giving of any performance exclusively for the benefit of (a) any religious, educational or charitable institution, so- ciety or organization, or organization whose membership is composed solely of soldiers, sailors, marines and members of the coast guard who are or have been in the service of the United States, or the women’s auxiliary units thereof; (b) societies for the prevention of cruelty to children or animals; (c) organizations conducted for the sole purpose of maintaining symphony orchestras and receiving substantial support from voluntary contributions; (d) organizations conducted for the sole purpose of improving any municipality: (e) organizations maintaining a co-operative or community center theater, none of the profits of which shall be distributed to members of such organizations: (f) per- sons in the military or naval forces of the United States or of this state, or persons who shall have served in such forces and shall be in need: (g) volunteer fire companies: (h) any grange, lodge or fra- ternal organization. No provision of this chapter shall be construed to apply to any agricultural association conducting an agricultural fair, none of the profits of which shall be distributed to the stock- holders or members of the association conducting the same. Voters of School Districts 1918, S. 934, 935, 940 Sec. 986. Legal voters of school district. The legal voters of a school district shall consist only of the legal voters of the town or towns in which such district is situated who have resided in such school district for the period of four months next preceding. No in- mate of the almshouse of any town, other than the officers and em- ployees of the town residing therein, shall vote at any school meeting of the district wherein such almshouse is situated, unless a resident of such district at the time of his becoming such inmate. Any person who shall vote illegally in any school district meeting shall be fined not more than thirty dollars. Sec. 1255. This section implies that poorhouses are not otherwise taxable. 91 C. 590. Ch. 53. All of the sections of this chapter* apply only to those towns which have not consolidated their school districts. 122 C. 37-47. SOCIAL WELFARE LAWS OF CONNECTICUT 85 Assistance for the Aged Sec. 608e as amended by Sec. 389g. Establishment of an old age assistance fund. There is established a fund to be known as the old age assistance fund. All receipts derived under the provisions of chap- ter 99a of the 1935 supplement to the general statutes and amendments thereto shall be payable into and become a part of said old age as- sistance fund. No expenditures shall be made from the old age assist- ance fund except for purposes specifically authorized by the provisions of said chapter 99a. When any appropriation made to finance any payments authorized by section 609e (731c) or by section 614e (743c) of the 1937 supplement to the general statutes shall be determined to be insufficient for any one of such purposes, the governor may add to any such appropriation from the unappropriated resources of the old age assistance fund the amount determined to be required to make such payment in full. If, at any time, the cash resources of the old age assistance fund shall be determined to be insufficient to pay in full the anticipated claims against such fund, the governor may trans- fer from the unappropriated resources of the general fund the amount estimated to be required to pay such claims in full. 1939 1943 Sec. 293f. Chapter 99a is amended by striking out the words “bu- reau of old age assistance’’, wherever they occur, and inserted in lieu thereof, the words “commissioner of welfare”, and by striking out the word “bureau” wherever it occurs and inserting in lieu thereof the words “commissioner of welfare”, and by striking out the words “it” and “itself” wherever they occur as referring to “bureau of old age assistance” or “bureau” and inserting in lieu thereof the word “him” or “himself” whichever is appropriate. Ch. 99a 1935 1937 1939 1941 Sec. 730c as amended by Sec. 294f. Eligibility. Any person shall be eligible for an old age assistance award who (a) has attained the age of sixty-five years; (b) has not sufficient means to support himself on a reasonable standard of health and decency, and has no person legally liable and able so to support him; (c) is a citizen of the United States and a resident of Connecticut who has resided therein five years during the nine years immediately preceding the date of his ap- plication for an award and has resided therein continuously for one year immediately preceding such date; (d) is not an inmate of an alms- house or other public or private institution: (e) has not made an as- signment or transfer or other disposition of property without reason- able consideration or for the purpose of qualifying for an award; (f) is not serving a sentence in a penal institution, or lodged in a jail while bound over from a lower court for trial. See Appendix (XYIII), (XIX) and (XX). 1935 1937, S. 607e 1941 Sec. 731c as amended bv Sec. 390g. Amount, (a) The maximum amount which may be awarded to a beneficiary under an old age assist- ance award made under this chapter shall be forty dollars per month, provided, in cases where said maximum amount is insufficient to fur- nish necessary medical or hospital treatment to a beneficiary, the com- missioner of welfare shall order the payment of such additional costs of medical care or hospitalization, in excess of said forty dollars per month, as he shall deem necessary and reasonable, (b) Upon the death of a beneficiary, the commissioner of welfare may order the payment of a sum not to exceed one hundred dollars as an allowance toward the funeral expenses of such deceased beneficiary, unless such de- ceased left sufficient estate to provide a proper burial, and in addition may order the payment of a sum not to exceed twenty-five dollars for the cost of a burial lot, the opening of the grave and other cemetery charges or cremation expense. 1935 1937 1939, S. 60Se 1941, S. 295f 1943 Sec. 732c as amended by Sec. 293f. Inmate of an institution. No award shall be made to an inmate of an almshouse or other public or 1935 1941 86 SOCIAL WELFARE LAWS OF CONNECTICUT private institution, but any person otherwise eligible residing in an almshouse or other public or private institution may make application for an award. If the commissioner of welfare shall find, after inves- tigation, that such applicant is eligible to receive an award and can be adequately and properly maintained outside of an institution, he may make an award, provided payment thereof shall not begin until such applicant shall be resiidng outside of such almshouse or other public or private institution and the commissioner of welfare shall be duly notified thereof. See Appendix (XXXI). 193S 1937, S, 610e 1941 Sec. 733c as amended by Sec. 296f. Interest in real estate, (a) No person shall be deemed to be ineligible to receive an award by reason of having an interest in real property. *** Any lien now existing upon real estate now or formerly owned by any old age assistance bene- ficiary shall be released by the commissioner upon payment of the amount by it secured, or of an amount equal to the value of the bene- ficiary’s interest in such property if the value of such interest shall be less than the amount secured by such lien, at his discretion, and with the advice and consent of the attorney general, upon a compromise of the amount due the state, (b) No person shall be deemed to be ineli- gible to receive an award by reason of insurance carried on his life by himself or legally liable relatives, or having a joint interest in a bank account or owning other personal property, provided such insurance policy or such joint interest or such other personal property shall be assigned if in excess of five hundred dollars to said commissioner, if required by him. Said commissioner shall have authority to determine the amount of any such joint interest. 1935 1937, S. bile 1941 Sec. 734c as amended by Sec. 297f. Commissioner of welfare to administer this chapter. The commissioner of welfare shall adopt such rules and regulations as are necessary to enable him to carry out the provisions of this chapter, and, so far as is consistent with said provi- sions, such rules and regulations as may be necessary for receiving grants from the federal government to this state, provided the ab- sence of any such rule or regulation would result in the loss of such federal grants. The commissioner of welfare shall employ such direc- tors, investigators, field workers and other assistants as may be neces- sary for a proper administration and shall determine their powers and duties. If, by act of congress or otherwise, the federal government shall grant financial assistance to this state for direct payment of the costs of medical care of beneficiaries, to those furnishing such ser- vices, then the commissioner of welfare is authorized, with the ap- proval of the governor, to make such direct payments from state and said federal funds for such medical care. The commissioner of wel- fare shall promulgate such rules and regulations as may be necessary to insure a proper administration of such plan. The commissioner of welfare shall establish and enforce reasonable rules and regulations governing the custody and use of the records, papers, files and com- munications concerning persons applying for or receiving assistance under this chapter. Wherever under provisions of law names and ad- dresses of recipients of old age assistance and assistance to the blind are furnished to or held by any other agency or department of govern- ment, such agency or department of government shall be required to adopt regulations necessary to prevent the publication of lists thereof or their use for purposes not directly connected with the administra- tion of old age assistance and assistance to the blind. It shall be un- lawful, except for purposes directly concerned with the administration of old age assistance and assistance to the blind, and in accordance with the rules and regulations of the commissioner of welfare, for any person or persons to solicit, disclose, receive, make use of, or to au- thorize, knowingly permit, participate in or acquiesce in the use of, any list of, or names of, or any information concerning persons applying (610e). Cited. 12S C. 165. SOCIAL WELFARE LAWS OF CONNECTICUT 87 for or receiving such assistance, directly or indirectly derived from the records, papers, files or communications of the state or its sub- divisions or agencies, or acquired in the course of the performance of official duties. Sec. 735c. Duties of Commissioner of Welfare. The commissioner of welfare shall furnish forms for the use of applicants, local officials and himself; and shall establish and maintain a system of records and accounts which shall show the number of applications and the disposi- tion of the same, the record of payments made to each recipient of an award and such other information as may be necessary for the proper operation and administration of this chapter and as the rules and reg- ulations of the United States government may require if the United States government shall make contributory allotments of federal funds to the state of Connecticut for old age assistance extended under the provisions of this part. 1935 1941 Sec. 736c as amended by Sec. 298f. Application for aid. Application for old age assistance shall be made to the local officer of the town in which the applicant resides. The term “local officer” shall mean the public official charged with the administration of public assistance in any town, city or borough. All statements in the application shall be sworn to by the applicant, who shall he the person to receive th? bene- fit of the award. Upon application so made, the local officer shall im- mediately forward such application to the commissioner of welfare. See Appendix (XXI). 1935, S. 736c 1941 Sec. 737c as arrrnded by Sec. 299f. Investigation. The commissioner of welfare, upon receipt of an application for an award, shall investi- gate the same and shall grant an award only if he shall find the appli- cant eligible therefor, in which case he shall grant an award in such amount, not exceeding the maximum amount allowed bv this chapter, as shall be needed in order to enable the applicant to support himself on a reasonable standard of health and decency. The commissioner shall, in determining need, take into consideration anv available in- come and resources of the individual clainrna assistance. The com- missioner shall make periodic investigations to determine the contin- uing eligibility of the beneficiary and mav, at any time, modify, sus- pend or discontinue anv award previously made when such action shall be necessary in order to carry out the provision of this chapter. The commissioner shall notify the applicant or beneficiary, as the case may be, of any decision, whether made with or without a hearing, denying, granting, modifying, susnending or discontinuing an award, by mailing him a copy thereof within seventy-two hours after its rendi- tion. 1935, S. 737c 1941 Sec. 738c as amended bv Sec. 293f. Incaoable applicant. If the commissioner of welfare shall determine that an applicant or bene- ficiary is incapable of taking care of himself or his money, he may order the payment of the award to a legally appointed conservator of such applicant or beneficiary. 1935 1937, S. 612e 1941 Sec. 739c as amended by Sec. 293f and Sec, 300f. Hearing. Appeal. Any applicant or beneficiary aggrieved by a decision of the commis- sioner of welfare made without a fair hearing may make application in writing to the commissioner of welfare for a hearing and shall state, in such application, in simple language, the reasons why he claims to be aggrieved. Such application for a hearing shall be mailed to the commissioner of welfare within ten days after the rendition of such decision. The commissioner of welfare, upon receipt of such appli- cation, shall hold a fair hearing, and shall, at least ten days prior to 1935 1937 S. 613e 1941 (613e). Undertaker who performed funeral services for a beneficiary under this act is an “applicant” within the meaning of this section. 125 C. 160. 88 SOCIAL WELFARE LAWS OF CONNECTICUT the date set for such hearing, mail a notice, giving the time and place thereof, to the applicant or beneficiary and to the local officer of the town in which such applicant resides. After such hearing, the com- missioner of welfare shall render a final decision, which shall super- sede the decision made without a hearing, and of which final decision notice shall be given the applicant for hearing as hereinbefore pro- vided. Such decision after hearing shall be final except that the ap- plicant for such hearing, if aggrieved, may appeal therefrom, within thirty days from the date of its rendition, to the superior court for the county wherein he resides, in accordance with the provisions of sec- tion 5465. No appeal may be taken from a decision made without a hearing. 1935, S. 740c 1941, S. 293f 1943 Sec. 740c as amended by Sec. 391g. Conduct of hearing. The com- missioner of welfare, or any person by him designated to hold a hear- ing, shall have the power to compel, by subpoena, the attendance and testimony of witnesses and the production of books and papers at any such hearing, and all witnesses shall be examined under oath, which may be administered by said commissioner or by the person so desig- nated to hold the hearing. 1935, S. 741c 1941 Sec. 741c as amended by Sec. 301f. Payment of awards. Payment of each award shall be made by the commissioner at such regular inter- vals as shall be determined by said commissioner directly to the bene- ficiary or to the person named under section 612e to receive payment for the benefit of the beneficiary, and the comptroller shall draw his order on the treasurer, from time to time, for such part of the old age assistance fund as may be needed in order to enable the commissioner to make such payments. See Appendix (XXII). 1935. S. 7 42c 1941 Sec. 742c as amended by Sec. 293f. Property of beneficiary. If a beneficiary, or the husband or wife, or any child or other person legally liable to support such beneficiary, shall receive, in any calendar year, property of an aggregate value in excess of one hundred dollars, such beneficiary, immediately upon obtaining knowledge of such receipt of such property, shall notify the commissioner of welfare thereof. The provisions of section 1725 shall be applicable with respect to any per- son applying for, or receiving, an old age assistance award. 1935 1937, S. 614e 1941, S. 302f 1943 Sec. 743c as amended by Sec. 392g and 393g. Claim of state, (a) If, after an award has been made, it shall be found that the beneficiary has sufficient means to support himself on a reasonable standard of health and decency, or that, subsequent thereto, he has acquired such means, the state of Connecticut shall have a claim, which shall have priority over all unrecorded incumbrances, against such beneficiary for the full amount paid to him under this chapter. Any sums paid any beneficiary as a result of any false statement, misrepresentation or fraudulent concealment by him, or by any person legally liable for his support, may be recovered in double their amount in an action brought by the state against such beneficiary or such other person or both, (b) Upon the death of a beneficiary, the state shall have a claim against his estate for all amounts paid to him under the provisions of this chap- ter. *** Such claim shall have priority over all unsecured claims against such estate, except (1) administrative expenses, including pro- bate fees and taxes, (2) funeral expenses not to exceed two hundred dollars and the cost of a burial lot, the opening of the grave and other cemetery expenses, or cremation expenses, not to exceed fifty dollars, and (3) expenses of last sickness not to exceed three hundred and seventy-five dollars, (c) The attorney general shall collect any claim which the state may have hereunder against any person, or his estate, and any amount recovered shall be paid to the state treasurer, to be placed to the credit of the old age assistance fund. The statute of limitations shall not apply to any action for such collection. In each case in which the state shall have collected from the estate of any SOCIAL WELFARE LAWS OF CONNECTICUT 89 recipient of old age assistance any amount with respect to old age assistance furnished him, one-half the net amount so collected shall be promptly paid to the United States, if required as a condition of fed- eral financial participation, (d) Any person, who, by means of an in- tentionally false statement or misrepresentation or by impersonation or other fraudulent act or device, shall obtain, or attempt to obtain, or aid or abet any person to obtain, any award hereunder to which he is not entitled; and any person who, with intent to defraud, shall buy or aid or abet in buying or in any way disposing of the property of a person receiving an award, without the consent of the commissioner of welfare; and any person who shall violate any other provision of this part, shall be fined not more than two hundred dollars or impris- oned not more than six months or both. When a person receiving as- sistance shall be convicted of an offense under this section, the com- missioner of welfare shall discontinue his award if such action has not already been taken. See Appendix (XI). Sec. 393g effective June 29, 1943. Sec. 744c (a) as amended by Sec. 293f. Administrative expenses. The costs of awards made under this chapter, as well as the costs of its administration, shall be borne entirely by the state of Connecticut, except that any federal contributions shall be payable into, and be- come a part of, the old age assistance fund and the commissioner of welfare is directed to accept such contributions, to co-operate with the federal government in procuring such contributions, to submit to the federal government such information and reports as it may require and to verify the accuracy of the same in such manner as said govern- ment may, from time to time, require. 1935 1937, S. 615e 1941 Sec. 744c (b) as amended by Sec. 293f. Use of public buildings. The commissioner of welfare may use any available space in any public building of the state or any subdivision thereof for the purpose of holding a hearing or investigation. 1935 1937, S. 616e 1941 Sec, 745c. Awards inalienable. Each award shall be absolutely in- alienable by assignment, sale, attachment, execution or otherwise. 1935 Sec. 746c. Removal from state. Each award under the provisions of this part is, and shall be held, subject to the provisions of any amending or repealing act that may hereafter be passed, and no bene- ficiary or other person shall have any vested right to any award. No award shall continue after the removal of the beneficiary from this state, but occasional absences for short periods need not be deemed by the commissioner of welfare to constitute a removal. 1935 Sec. 617e as amended by Sec. 303f. Aid to the blind, (a) The pro- visions of this chapter are extended and made applicable to needy blind individuals, regardless of their age, who in other respects comply with the provisions hereof, (b) Blindness shall be defined to mean total and permanent loss of sight in both eyes, or the reduction to one-tenth or less of normal vision with glasses. The commissioner of welfare is empowered to define blindness in terms of ophthalmic measurement. 1937, S. 617e 1941 Sec. 304f. Reciprocal agreements. The commissioner is authorized to enter into reciprocal agreements with other states under the provi- sions of this chapter. 1941 Sec. 6182 as amended by Sec. 306f. Old age assistance tax. (a) Whenever used in this part, unless the context shall otherwise require, the word “town” shall mean any town, consolidated town and city or consolidated town and borough of the state; the words “actual popu- lation” shall mean the population as last determined by the bureau of the census of the department of commerce of the United States, (b) In addition to the taxes provided by chapter 66 and to any other taxes, an annual state tax of two million two hundred and twenty-five thousand 1937, S. 618e 1941 90 SOCIAL WELFARE LAWS OF CONNECTICUT dollars is imposed upon the towns of the state. Each town shall pay its share of said tax on or before the first day of April of each year, (c) Said tax shall be apportioned to and paid by each town in the state in the proportion which the population of such town bears to the total population or the state according to the last preceding United States census, provided the tax commissioner, in estimating the population of any town, shall deduct from its actual population the number of in- mates of one or more state and other public institutions not drawing upon local areas and the number of persons in New London crews of vessels not residents of the town of New London, which inmates and crews shall have been included in the actual population of any such town. 1935, S. 749q 1941 Sec. 749c as amended by Sec. 305f. Repeal of provisions, (a) “Per- sonal tax” defined. Wherever used in this section, unless the context shall otherwise require, the words “personal tax” shall include not only the two-dollar personal tax itself but also any part thereof and any in- terest, penalty, fees and charges which have been added thereto, (b) Conditional repeal. Chapter 64 of the general statutes as amended by sections 351b, 352b and 353b of the 1933 supplement and all other acts or parts of acts, whether public or private, which are inconsistent with the provisions of this part are repealed, but such repeal shall not affect the obligation of any collector or other person to pay to his municipality or to the proper authority any personal tax which may have been collected or otherwise received by him. (c) Uncollectible after July 1, 1941. Any personal tax which shall not have been collected prior to July 1, 1941, shall be uncollectible on and after said date and shall not thereafter be included as an asset of any municipality. Neither the tax collector nor his surety or sureties shall be liable for any personal tax which shall not have been collected prior to July 1, 1941, and it shall not be necessary to transfer any uncollected personal tax, which shall have become uncollectible pursuant to the provisions of this section, to the suspense tax book; 1935 Sec. 750c. State tax. In addition to the taxes provided by chapter 66 and any other taxes, an annual state tax, beginning with the year 1936, is imposed upon the several towns of the state of two million one hundred thousand dollars. Said tax shall be paid on or before April 1, 1936, and annually thereafter. 1935 Sec. 751c. Apportionment. Said tax shall be apportioned to and paid by each town in the state in the proportion which the population of such town bears to the total population of the state according to the last preceding United States census. See Appendix (XXIII). 1937, S. 403d Sec. 619e. Application. Sections 750c and 751c shall be inapplicable to old age assistance taxes which became due after June 30, 1937. Sections 752c to 756c, inclusive, shall apply to taxes imposed under the provisions of Section 618e. 1935 Sec. 752c. Determination of tax. On or before the first day of January, 1936, and annually thereafter, the tax commissioner shall de- termine the amount of tax which each town shall be required to pay and shall send written notice to the treasurer of such town stating such amount. The determination of the tax commissioner shall be final. 1935 Sec. 753c. Responsibility of selectmen. The selectmen of each town other than a consolidated town and city or consolidated town and borough, and the chief executive authority of a consolidated town and city or consolidated town and borough, shall cause the amount of such tax imposed upon such town to be paid to the state on or before April 1, 1936, and in each year thereafter, and, if any town shall not pay such tax at such time, the state treasurer shall issue an execution, re- SOCIAL WELFARE LAWS OF CONNECTICUT 91 turnable in sixty days, against the estate of its selectmen or chief executive authority, as the case may be, for the sum due, directed to the sheriff of the county in which such town is situated. Sec. 754c. Execution against town. If such execution shall be re- turned unsatisfied, the treasurer shall forthwith issue an execution, re- turnable in sixty days, for the sum remaining due on such tax, with the officers’ fees and charges before that time accruing, against the estate of the inhabitants of such town, to be directed as provided in section 753c. 1935 Sec. 755c. Sale for tax. When any estate shall be taken on an execution issued for the collection of such state tax due from any town, any justice of the peace of an adjoining town, on application of the owner, shall appoint three disinterested electors, of such adjoining town to appraise such estate; and its appraised value, if sold on such execution, shall be paid to such owner by the town from which such taxes were due, with such further damages as shall be just and reason- able. 1935 Sec. 756c. Interest on delayed payments. The tax provided by this part due to the state shall be liable to interest at nine per cent per annum when payment of the same shall have been delayed more than thirty days after April first in the year 1936, and in each year there- after, provided the minimum amount of interest on any such tax shall be five dollars. In the event of non-payment, which fact shall forth- with be certified by the treasurer to the tax commissioner and to the comptroller, in addition to other remedies, the amount of such tax, with any interest thereon, may be deducted by the comptroller from any state grant to which such town is entitled. 1935 Sec. 757c as amended by Sec. 394g. Collection. Each person be- tween the ages of twenty-one and sixty years, inclusive, except hon- orably discharged veterans, disabled as a result of service to a com- pensable degree, and except as otherwise provided by section 761c, shall, annually, pay an old age assistance tax of three dollars. Said tax shall be collected by the property tax collector in each of the several towns or by a person appointed by him, at such compensa- tion as may be fixed by the chief executive authority of such town. The chief executive authority of each town shall, annually, cause to be made, by one or more canvassers appointed by him, a list of all per- sons between the ages of twenty-one and sixty years, inclusive, re- siding in such town on the first day of October, and shall lodge such list in the town clerk’s office for public inspection, on or before the first day of December following, except in the towns of Milford and Torrington where such list shall be so lodged on or before the thirty- first day of December following the making of such list. Appendix (XXIV), (XXV) and (XXVI). 1935 1937, S. 404d 1943 Sec. 395g. Definitions. When used in this act the words “armed forces” shall include the army, navy, marine corps, coast guard, or merchant marine of the United States, or any women’s auxiliary or- ganized pursuant to an act of congress and affiliated with one of said branches of the service. The word “collector” shall mean the person in each town, consolidated town and city, and consolidated town and borough charged with the duty of collecting the old age assistance tax provided for in section 394g. Effective February 26, 1943. 1943 Sec. 396g. Exemption and proof. Each person residing in this state in the armed forces, either within or without the state, on or after October 16, 1940, shall be exempt from the payment of any old age assistance tax becoming due and payable during his term of ser- vice within the limitations of this act, provided he shall furnish satis- 1943 92 SOCIAL WELFARE LAWS OF CONNECTICUT factory proof of such service and of the date of his enlistment or in- duction to the collector. Satisfactory proof shall consist of the fol- lowing: (1) A notice in writing to the collector signed by the person claiming exemption and attested to by his commanding officer, evidenc- ing actual service and the date of the claimant’s enlistment or induc- tion; or (2) a statement in writing from the local draft board or any other duly constituted state or federal agency which maintains an official list of persons in the armed forces, containing information that such person is actually in such service and the date of. his induction or enlistment; or (3) a sworn statement in writing signed by a member of the claimant’s family who resided in his household at the time of his induction or enlistment, attesting to the facts of his actual service and the date of such induction or enlistment; or (4) two sworn state- ments in writing attesting to the actual service of the claimant and the date of his induction or enlistment, signed by persons having personal knowledge of such facts. Upon receipt of such sworn statements the collector may further require the persons signing the same to be ex- amined under oath concerning such facts, and the collector may take the acknowledgment under oath of all persons signing sworn state- ments for the purposes of this act and no fee shall be charged for the same; or (5) when any colllector knows of his own knowledge of the actual service in the armed forces of any person residing in the town for which he is collector, and the date of his induction or en- listment, such personal knowledge shall be considered satisfactory proof that such person is entitled to exemption. Effective February 26. 1943. 1943 Sec. 397g. Application for exemption. Upon receipt of such proof the collector shall make a list of the names of persons entitled to ex- emption, with a notation as to the date of enlistment or induction, and certify the same to the chief executive authority, who shall promptly cause the old age assistance yearly rate book or books to be marked accordingly, granting an abatement to those who were certified as entitled to exemption on old age assistance taxes that became due subsequent to October 16, 1940, and deleting from the current and ap- propriate succeeding rate books the names of those having thus es- tablished their right to exemption during such time as this act remains in effect. Effective February 26, 1943. 1943 Sec. 398g. Refund of taxes paid. Any person who has so estab- lished his right to exemption and who has previously paid an old age assistance tax, on which he is entitled to an exemption by the provi- sions of this act, shall be entitled to a refund of any moneys so paid including any money paid as a penalty imposed by section 621e of the 1939 supplement to the general statutes, upon submitting an applica- tion in writing to the collector containing a statement of the amount of refund claimed and a recital of the facts upon which the claim is based. The amount of such refund shall be determined by such col- lector and certified to the board of selectmen of a town, or the cor- responding authority of a city or borough or any consolidation thereof, who shall draw an order in favor of such person or any other person having paid the tax in his behalf. In the case of a person other than the person entitled to exemption claiming a refund, the written ap- plication for such refund shall be sworn to under oath. Effective Feb- ruary 26, 1943. 1943 Sec. 399g. Validation of previous exemptions granted. Any action taken by a collector or officer of any town, city or borough or any con- solidation thereof, prior to February 26, 1943, wherein an exemption was granted to a member of the armed forces on an old age assistance tax due and payable subsequent to October 16, 1940, is validated. Ef- fective February 26, 1943. 1943 Sec. 400g. Proof of exemption of one thousand dollars on property, already established, to be sufficient. Any proof of exemption already SOCIAL WELFARE LAWS OF CONNECTICUT 93 established by any such claimant for exemption on property by reason of service in the armed forces in the second world war shall be con- sidered as the establishment of satisfactory proof for exemption from payment of the old age assistance tax. Effective February 26, 1943. Sec. 401g. Failure to furnish proof while in service. Any person who has been unable to receive the exemption herein provided while in the service of the armed forces and who has received an honorable discharge therefrom, may obtain the benefit of such exemption by per- sonally applying to the collector and furnishing him with the neces- sary facts to establish his right to exemption. Upon the submission of such facts his claim for exemption shall be treated in the same manner as if satisfactory proof had been established during his term of service, and the provisions concerning exemption and refund shall thereupon be applicable to him during such term of service. Effective February 26, 1943. 1943 Sec. 402g. Scope and duration of act. The application of the pro- visions of sections 395g to 402g shall be extended only to include the old age assistance tax which shall become due and payable on the first day of February following the termination of the second world war. and thereafter said sections shall no longer be operative or in effect. Effective February 26, 1943. 1943 Sec. 758c. False information. Any person who shall knowingly or wilfully refuse information or give false information to any canvasser respecting any fact pertinent to the purposes of compiling such list as to himself or any member of his family or his ward or any person in his employ or rooming or boarding with him, shall be fined not more than two hundred dollars or imprisoned not more than six months or both. 1935 Sec. 759c as amended by Sec. 621e. Assessment. The word “town”, wherever used in this act, shall mean each town and consolidated town and city and each consolidated town and borough. The chief executive authority of each town shall cause to be prepared a rate bill assessing, except for such honorably discharged veterans as shall be exempt un- der the provisions of section 620e of the 1939 supplement to the general statutes, an old age assistance tax of three dollars on each person whose name shall appear on the list provided for in said section 620e, and may, at any time thereafter, correct such rate bill by adding thereto the names of any persons erroneously omitted and by erasing therefrom the names of any persons erroneously added thereto or in- cluded therein. Such tax shall be due and payable on the first day of February of each year thereafter. If any such tax shall not be paid in full on or before the first day of March next succeeding its original due date, there shall be added thereto the sum of one dollar, which amount shall become thereupon a part of such tax and shall be collect- ible in the same manner as though originally a part thereof. The col- lector shall keep an accurate account, showing such additions, and shall pay the same to the treasurer with, and as a part of such tax. Section 759c of the 1935 supplement to the general statutes is repealed, but such repeal shall not operate retroactively nor affect the obliga- tion of any person to pay any tax due prior to July 1, 1939, nor any provision for the collection of such tax. 1935, S. 759c 1939 Sec. 760c as amended by Sec. 622e. Rate bill. Collection. The chief executive authority of each town shall make a separate rate bill, as hereinbefore provided, for the collection of the old age assistance tax and cause a warrant to be issued to such tax collector for the col- lection thereof. Such collector, if he shall not be the regular property tax collector, shall give a bond as required by law for property tax col- lectors covering his obligations as collector of the old age assistance tax. Each bond of such collector secured on and after October 1, 1937, 1935 1937 94 SOCIAL WELFARE LAWS OF CONNECTICUT if he shall be the regular property tax collector, shall cover his obliga- tions as collector of the old age assistance tax as well as for the faith- ful performance of all of the other duties of his office. Each collector of old age assistance taxes shall have the same powers and perform the same duties in relation to the old age assistance tax as are pro- vided by law for the collection and settlement with the treasurer of other town taxes, in addition to the powers and duties otherwise pre- scribed in the old age assistance tax law. 1935 Sec. 761c. Abatement. The chief executive authority of each town shall have power at any time to abate the old age assistance tax of any person who (1) actually is too poor to pay the same, and (2) actu- ally is receiving aid as a public charge from the state of Connecticut or a subdivision thereof, or actually is receiving aid under the pro- visions of part I of this chapter. 1935 Sec. 762c. Failure to pay. When any person shall fail to pay his old age assistance tax after payment of the same shall have been duly demanded by the collector, by personal demand or by depositing, in the post office, postage prepaid, a written demand for such tax, addressed to such person at his last known place of residence, the tax collector of the town wherein such tax is laid shall notify a grand juror of such town, or, if in a town where a town, city, police or borough court is established, the prosecuting attorney or officer of such town, city, po- lice or borough court, of such failure, with all data and information necessary to draft a complaint in the premises, and such grand juror or prosecuting attorney or officer shall prefer his complaint to any jus- tice of the peace residing in such town or to such town, city, police or borough court established therein, alleging the non-payment of such tax, and such justice of the peace or court shall thereupon cause such delinquent taxpayer to be arrested and brought before such justice or court. Any policeman, patrolman or officer authorized to serve crim- inal process, upon such complaint being preferred and the issuance of a warrant thereon, may arrest such delinquent taxpayer and imme- diately present him before such justice or court. Such justice or court shall thereupon hear such complaint and determine whether such tax- payer is liable for such tax, and, if liable, whether he is ineligible* for abatement under the provisions of section 761 c, and, upon finding that both such conditions exist, shall order the accused to stand committed to the jail or workhouse in the county until such tax, with interest thereon and all costs of proceedings, shall be paid. All town, city, police and borough courts and each justice of the peace shall have all the powers and jurisdiction conferred upon them necessary to hear and try all complaints arising under this section and proceed therein to final judgment and execution according to law. Any person committed to jail under the provisions of this section shall be required to do such work as his physical condition may allow and shall be discharged when his labor at the rate of one dollar a day shall amount to such tax and interest, and costs taxed as in criminal cases, including the sum of three dollars per week for board during such commitment, and there- upon the county commissioners shall pay to the treasurer of the town from which such delinquent person was committed the amount of such tax, with the costs taxed by the authority making such commitment. The provisions of this section shall be applicable notwithstanding other remedies for the collection of such tax. 1935 Sec, 763c. Personal tax supsrseded. No town, city or borough or subdivision thereof shall lay any poll or personal tax after July 1, 1935, except as provided in this part. 1935 Sec. 764c. Applicable provisions. The provisions of sections 1231 and 1232 and of sections 333b of the 1933 supplement and 382c, 383c, 384c and 399c relating to the personal tax, shall apply to the old age assistance tax. SOCIAL WELFARE LAWS OF CONNECTICUT 95 Sec. 765c. Chief executive authority. The term “chief executive authority”, as used in this chapter, shall mean (1) the first selectman of any town, other than a consolidated town and city or consolidated town and borough, and (2) the mayor, manager or warden, as the case may be, of any consolidated town and city or consolidated town and borough. 1935 Sec. 1311c as amended by Sec. 1099e. Licenses for persons over sixty-five years of age. Any citizen of this state over sixty-five years of age may obtain a license to hunt or fish in this state without the payment of any fee other than the recording fee of thirty-five cents; but he shall be subject to any other statutory provision applicable to hunting or fishing. 1935 1937, S. 681d Aid to Dependent Children Sec. 307f. Definitions. When used in this chapter the following terms shall have the meanings herein assigned: “Dependent child” shall mean a needy child under the age of sixteen and under eighteen if at school, who has been deprive’d of parental support or care by rea- son of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, step- brother, stepsister, uncle or aunt, or any other relative approved by the commissioner of welfare in a place of residence maintained by one or more of such relatives as his or their own home; “local officer” shall mean the public official charged with administration of public assistance in any town, city or borough. 1941 Sec. 30Sf. Eligibility. Any such relative having a dependent child or dependent children under sixteen years of age, and under eighteen if at school, who is unable to furnish suitable support therefor in his own home shall be eligible to apply for and receive the aid authorized by this chapter, for such dependent child or children, provided (a) any such dependent child has resided in this state for one year immediate- ly preceding the date of the relative’s application; or (b) was born in this state within one year immediately preceding the application, if his mother had resided in this state for one year immediately preceding his birth, and (c) such dependent child shall be supported in a home in this state, suitable for his upbringing, which such relative shall maintain as his own. Aid shall not be denied any such dependent child on the ground that such relative is not a citizen of this state or of the United States. 1941 Sec. 309f. Extent of aid. Aid shall be granted on behalf of such dependent child or children to any relative eligible therefor under this chapter to an extent adequate to enable the relative caring for such child or children, together with all other available income and sup- port, to maintain a standard of living in the home reasonably compat- ible with health and decency for such child or children. Upon the death of any such child or a parent of such child, an allowance for funeral expenses not exceeding the sum of one hundred dollars may be granted by the commissioner of welfare. 1941 Sec. 310f. Cost of aid; how paid. Three-tenths of the cost of the aid furnished to any dependent child and three-tenths of any funeral expenses paid by the commissioner of welfare under this chapter shall be paid by the town in which such child resides. The remainder of such cost and the cost of administration shall be borne entirely by the state, except to such extent as such cost to the state may be reduced 1941 96 SOCIAL WELFARE LAWS OF CONNECTICUT by grants from the federal government to the state for aid to depend- ent children. The commissioner of welfare shall, on or before the first day of each January, April, July and October, notify the local officer of the town in which such dependent child resides of its share of the expense of the aid furnished any such child and such town shall, on or before the fifteenth day of each of said months, reimburse the state to the extent of such share. When any relative receiving aid under this chapter, having a residence in any town in this state, shall remove to some other town in this state for the purpose of residing therein, the local officer of the town liable for its share of such aid shall forthwith notify the local officer of the town to which such rela- tive removed, in writing, of such removal. Upon receipt of such no- tice, the town to which such relative has removed, shall be liable for its share of aid furnished such relative under this chapter. A copy of such notice shall forthwith be sent to the commissioner of welfare. Upon the failure of any town to reimburse the state for any money ex- pended for aid to any dependent child residing in such town, under the provisions of this chapter, within thirty days from the date of the mailing of notice of the amount due, the same may be collected, with interest thereon, in a civil action brought against such town by the at- torney general in any court in Hartford county having jurisdiction of such amount. 1941 Sec. 311 f. Commissioner of welfare to adopt regulations. Assist- ants. The commissioner of welfare shall adopt such rules and regula- tions as are necessary to enable him to carry out the provisions of this chapter, and, so far as is consistent with said provisions, such rules and regulations as may be necessary for receiving grants from the federal government to this state, provided the absence of any such rule or regulation would result in the loss of such federal grants. The commissioner of welfare shall employ such directors, investigators, field workers and other assistants as may be necessary for a proper administration and shall determine their powers and duties. 1941 Sec. 312f. Forms. Records. The commissioner of welfare shall furnish forms for the use of applicants and local officers, and shall es- tablish and maintain a system of records and accounts which shall show the number of applications and the disposition of the same, the record of payments made with respect to each child and such other information as may be necessary for the proper operation and admin- istration of this chapter, and as the rules and regulations of the federal government may require, if, and so long as, the federal government shall make grants to this state for aid to dependent children. 1941 Sec. 313f. Applications for aid. Any relative having a dependent child or dependent children residing in his home may apply in writing for the aid provided by this chapter to the local officer of the town wherein he resides. The name and address of each such applicant shall be recorded with the commissioner of welfare. Such application shall be made by such relative and shall contain the name and the exact residence of such relative, the name, place and date of birth of each dependent child and such other information as may be required by the commissioner of welfare. The local officer shall immediately forward such application to the commissioner of welfare. 1941 Sec. 314f. Investigation. The commissioner of welfare, upon re- ceipt of an application for aid, shall cause an investigation to be made, and shall grant the aid only if he shall find the applicant eligible there- for, in which case he shall grant aid in such amount as shall be needed in order to enable the relative to support such dependent child or chil- dren in health and decency. No hospital receiving an appropriation granted by the general assembly shall charge or receive more than ten dollars per week for the necessary care, medical attention and treat- ment of any such person, except that, if special treatment or care SOCIAL WELFARE LAWS OF CONNECTICUT 97 shall be required, a greater reasonable weekly compensation may be granted upon approval of the commissioner of welfare. Sec. 315f. Modification or discontinuance of aid. The commissioner of welfare may, at any time, modify, suspend or discontinue any aid previously granted, when such action shall be necessary in order to carry out the provisions of this chapter. Said commissioner shall no- tify the relative of any decision, whether made with or without a hear- ing, denying, granting, modifying, suspending or discontinuing any aid, by mailing him a copy thereof within seventy-two hours after its ren- dition. 1941 Sjc. 316f. Hearings. Any such relative aggrieved by a decision of the commissioner of welfare made without a fair hearing may make application in writing to the commissioner of welfare for a hearing and shall state, in such application, in simple language, the x’easons he claims to be aggrieved. Such application for a hearing shall be mailed to the commissioner of welfare within ten days after the rendition of such decision. The commissioner of welfare, or any person authorized by him, upon receipt of such application, shall hold a fair hearing, and shall, at least ten days prior to the date set for such hearing, mail a notice, giving the time and place thereof, to the relative and to the local officer of the town in which such relative resides. After such hearing, the commissioner of welfare shall render a final decision, which shall supersede the decision made without a hearing, and of which final decision notice shall be given the relative. Such decision after hear- ing shall be final except that the applicant for such hearing, if ag- grieved, may appeal therefrom, within thirty days from the date of its rendition, to the superior court for the county wherein he resides, in accordance with the provisions of section 5465. No appeal may he taken from a decision made without a hearing. 1941 Sec. 317f. Witnesses. The commissioner of welfare shall have the power to compel, by subpoena, the attendance and testimony of wit- nesses and the production of books and papers at any such hearing, and all witnesses shall be examined under oath. The commissioner of welfare may make such rules and regulations as he may deem necessary for the conduct of any such hearing. 1941 318f. Inspection of homes. The homes wherein dependent children receiving aid under the provisions of this chapter shall reside, shall be subject at all times to such inspection by the commissioner of welfare as shall be necessary for the effective operation of this chap- ter. The provisions of section 717c shall not apply to the beneficiaries of this chapter. 1941 Sec. 319f. Payments. The aid granted under this chapter shall be in the form of money payments and shall be made by the commissioner of welfare directly to the relative entitled to receive the same at such regular intervals as shall be determined by said commissioner, pro- vided the payments of the costs of medical care may be made to the relative or to those persons furnishing such services by said commis- sioner, and the comptroller shall draw his order on the treasurer from time to time for such part of the general fund appropriated to meet the payments provided for under sections 314f and 315f as may be needed to enable the commissioner to make such payments. 1941 Sec. 320f. Agreements with other states. The commissioner of welfare is authorized to enter into reciprocal agreements with other states relative to provisions of welfare services and aid to residents and non-residents. Aid under this chapter shall not continue after the removal of any such relative from this state, but occasional ab- sences for short periods need not be deemed by the commissioner of welfare to constitute a removal, provided the home shall be contin- uously maintained within the state. 1941 98 SOCIAL WELFARE LAWS OF CONNECTICUT 1941 Sec. 321f. Settlement not to be acquired while receiving aid. No person shall acquire a settlement or be in process of acquiring a settle- ment while receiving aid under this chapter. 1941 Sec. 322f. Aid inalienable. Aid provided under this chapter shall b© inalienable by assignment, sale, attachment, execution or otherwise. 1941 Sec. 323f. Aid subject to amendment or repeal. Any aid granted under this chapter shall be subject to the provisions of any amending or repealing act that may be passed, and no beneficiary or other person shall have any vested right to any such aid. 1941 Sec. 324F. Penalties for fraud and violations. Any person who shall receive aid under the provisions of this chapter through misrep- resentation or fraud, and any person who shall defraud or assist in defrauding the state as to the support of such child or children, shall be fined not more than two hundred dollars or imprisoned not more than six months or both, and shall forfeit to the state the amount of aid so procured; and any person who shall violate any other provision of this chapter shall be fined not more than two hundred dollars or imprisoned not more than six months or both. 1941 Sec. 325f. Court order in re charge of child, when necessary. Noth- ing in this chapter shall authorize any public official, agent or represen- tative, in carrying out any provision hereof, to take charge of any child over the objection of either the father or the mother of such child, or of the person standing in loco parentis to such child, except pursuant to a proper court order. 1941 Sec. 326f. Use of records and files. The commissioner of welfare shall establish and enforce reasonable rules and regulations govern- ing the custody and use of the records, papers, files and communications concerning persons applying for, or receiving assistance under this chapter. When names and addresses of recipients of aid to dependent children shall be required by law to be furnished to or held by any oth- er agency or department of government, such agency or department of government shall be required to adopt rules and regulations necessary to prevent the publication of lists thereof or their use for purposes not directly connected with the administration of aid to dependent chil- dren. No person shall, except for purposes directly concerned with the administration of aid to dependent children, and in accordance with the rules and regulations of the commissioner of welfare, solicit, disclose, receive, make use of or authorize, knowingly permit or partic- ipate in, or acquiesce in the use of, any list of, or names of, or any in- formation concerning, persons applying for or receiving such assist- ance, directly or indirectly derived from the records, papers, files or communications of the state or its subdivisions or agencies, or ac- quired in the course of the performance of official duties. 1941 Sec. 327f. Application and investigation not required when. The commissioner of welfare may waive the requirements of sections 313f and 314f in the case of any person actually in receipt of aid under the provisions of chapter 99 upon July 1, 1941. 1941 Sec. 328f. Repeal. Chapter 99 is repealed, except that said chap- ter shall be continued in force to July 1, 1942, in relation to those re- ceiving aid or entitled to receive aid, under said chapter 99 upon July 1, 1941, or until the commissioner of welfare shall furnish aid to such persons under this act prior thereto. 1941 Sec. 329f. Collection of moneys. The commissioner of welfare is authorized to collect any moneys due the state from towns and coun- ties after July 1, 1941, for aid furnished under said chapter 99, in the same manner as provided in section 1929, as amended. SOCIAL WELFARE LAWS OF CONNECTICUT 99 THE MENTALLY HANDICAPPED Mentally III Persons Sec. 249f. This chapter, and any other portion of the general stat- utes, is amended by striking out the word “insane” wherever said word appears and substituting therefor the words “mentally ill”; and by striking out the word “asylum” wherever said word appears and sub- stituting therefor the words “hospital for mental illness”. 1941 Sec. 1726. Definitions. In this chapter the words and expressions following shall have the several meanings assigned to them, unless there shall be something in the subject or context repugnant to such construction: “Hospital for mental illness” shall mean any public or private hospital, retreat, institution, house or place in which any men- tally ill person is received or detained as a patient for compensation, but shall not include any state prison, county jail or almshouse, nor any public reformatory or penal institution of this state; “mentally ill per- son” shall include each idiot and lunatic and non compos, mentally ill and distracted person; “patient” shall mean any person detained and taken care of as a mentally ill person; “keeper of a hospital for men- tal illness” shall mean any person, body of persons or corporation which has the immediate superintendence, management and control of a hospital for mental illness and the patients therein; “support” shall include all necessary food, clothing and medicine and all general ex- penses of maintaining state institutions for the mentally ill; “indigent person” shall mean any person having an estate insufficient, in the judgment of the court of probate, to provide for his support in a pri- vate institution or hospital for mental illness during the probable pe- riod of his detention there and for the support of those necessarily dependent upon him during such period, any person having no estate for whose support there are persons legally liable and able to contrib- ute or any person having no estate whose friends, though not legally liable, are willing to contribute to his support. 1918, S. 1653. 1665 Sec. 1727 as amended by Sec. 568e. Court records, commitment; uniform forms; service of process. All proceedings of the court of probate, upon application made under the provisions of this chapter, shall be in writing and filed in such court, and, whenever a court shall pass an order for the admission of any pauper or indigent person to any state hospital for mental illness, it shall record the same and give a certified copy of such order and of the reports of the physicians and selectmen to the person by whom such pauper or indigent person is to be taken to the hospital, as the warrant for such taking and commit- ment, and shall also forthwith transmit a like copy to the commis- sioner of welfare. All orders of commitment and commitment papers issued in committing mentally ill persons to public or private hospi- tals for mental illness shall be in accordance with a form prescribed by the attorney general, which form shall be uniform throughout the state. For all such commitments, the commissioner of welfare shall cause suitable blanks, in accordance with said form, to be printed and furnished at the expense of the state. State hospitals and other hos- pitals for mental illness shall, in so far as they are able, upon reason- able request of any officer of a court having the power of commitment, send one or more trained attendants or nurses to attend any hearing concerning the commitment of any mentally ill person and any such attendant or nurse, when present, shall be designated by the court as the authority to serve such commitment process as may be issued un- 1918, S. 1663 1696 1925, C. 112 1930, S. 1727 1935, S. 675c 1937, S. 366tl 100 SOCIAL WELFARE LAWS OF CONNECTICUT der the provisions of this chapter; and the actual expense of such com- mitment shall be taxed by the court and paid as are the other costs in such proceedings. Effective June 1, 1937. Sec. 572e. State board on hospital districts. A state board on hos- pital districts is created, consisting of a member of the board of trus- tees delegated by its chairman and the superintendent of The Connec- ticut State Hospital, one such member and the superintendent of The Norwich State Hospital and one such member and the superintendent of The Fairfield State Hospital. Said board on hospital districts shall meet within the first two weeks of June and within the first two weeks of December, annually, at which meetings they shall establish a district from which mentally ill persons in need of state hospital care shall be admitted or committed to each of said hospitals. 1939 Sec. 573e. Admissions to state hospitals. Such hospital districts shall be established upon the basis of admission rates for the various towns and cities of the state and in such manner as to result in an approximately equal number of admissions to each of said hospitals. The districts so established shall be the districts from which persons shall be admitted or committed as patients in said hospitals. 1939 1939 Sec. 574e. Information. Said board on hospital districts shall cause the information concerning said districts to be made available to ad- mitting and committing authorities by letter or public notice or both. Sec. 575e. Expenses. The expenses of each member of said board on hospital districts shall be met from the appropriation of the hospital which he represents. 19 39 1927, C. 64, S. 3 1930 193 5 Sec. 1728 as amended by Sec. 675c. Commissioner of welfare to be notified. In any case when a person shall be committed to any insti- tution for the mentally ill or feeble-minded ,the court or authority or- dering such commitment shall, within ten days thereafter, forward by mail a copy of the commitment papers to the commissioner of welfare. 1918. S. 1682 Sec. 1729. Court of probate to keep record of mental illness cases. Each court of probate shall keep a record of the cases relating to mentally ill persons coming before it under this chapter, and the dis- position of them. It shall also keep on file the original complaint and certificate of physicians required by this chapter. See Sec. 1727 Sec. 1730. Jurisdiction of commitments to hospitals for mental ill- ness. The jurisdiction of the commitment of a mentally ill person to a hospital for mental illness shall be vested in the court of probate for the district in which such person resides or, when his place of resi- dence is out of the state or unknown, in which he may be at the time of filing the complaint, except in cases where it is otherwise expressly provided by law. Courts of probate shall exercise such jurisdiction only upon written complaint alleging in substance that such person is mentally ill and is a fit subject to be confined in a hospital for mental illness. Such complaint may be made by any person and, if any men- tally ill person shall be at large and dangerous to the community, the selectmen of the town in which he resides or in which he shall be at large shall make such application. 1918, S. 1654 See Sec 1733 1918, S. 1656, 1657. 1658, 1659 Sec. 1731. Proceedings upon complaint. Restraint pending proceed- ings. Necessary evidence. Upon such complaint being filed in the pro- bate court, such court shall assign a time, not later than ten days thereafter, and a place, for hearing such complaint, and shall cause reasonable notice thereof to be given to the person alleged to be men- tally ill and to such relative or relatives and friends as it may deem advisable. Such court may also issue a warrant for the apprehension Sec. 1731. Cited. 113 C. 604. SOCIAL WELFARE LAWS OF CONNECTICUT 101 and bringing before it of the person complained of, and shall see and examine such person, if in its judgment his condition or conduct shall render it necessary or advisable so to do, or state in its final order why it was not necessary or advisable so to do. If such court shall be satisfied that such person is a dangerous person to be at large, it may make such order for his restraint and custody while the proceed- ings are pending as it may deem advisable; but such person shall not be prevented from having all reasonable opportunities to consult coun- sel and friends and to prepare and make his defense to such applica- tion. In addition to such oral testimony as may be offered at such hearing, the court shall require the sworn certificate of at least two reputable physicians selected by the court, whom it shall find to be graduates of legally organized medical institutions and to have been practitioners of medicine at least three years within this state, and not connected with any hospital for mental illness, nor related by blood or marriage to the complainant, nor to the person alleged to be men- tally ill, to the effect that they have personally examined such person within ten days of such hearing and that in their opinion such person is mentally ill and a fit subject for confinement in a hospital for mental illness. If, on such hearing, the court shall find that the person complained of is mentally ill and a fit subject for treatment in a hos- pital for mental illness or that he ought to be confined, it shall make an order for his commitment to a hospital for mental illness to be named in such order, there to be confined while such mental illness shall continue or until he shall be discharged in due course of law, and commanding some suitable person to convey him to such hospital for mental illness and deliver him, with a copy of such order and of such certificates, to the keeper thereof. In appointing a person to ex- ecute such order, the court shall give preference to a near relative or friend of the mentally ill, so far as it shall deem it practicable and judicious. Such court may, after hearing, when it shall find it to be for the best interest of the person so committed, revoke such order of commitment. Sec. 1732 as amended by Sec. 676c. Detention of violently mentally ill persons. Any person who has suddenly become in need of care and treatment in a hospital for mental illness may be confined in such hospital, either public or private, for not more than thirty days without order of any court. At the time of delivery of such person to such hospital, there shall be left, in the hands of the person in charge there- of, a certificate signed and' sworn to by some reputable physician not more than three days prior thereto, stating that, after a personal ex- amination made not more than three days prior to the date of such certificate, he is of the opinion that the person therein named is in need of immediate treatment and the reasons therefor. If such per- son shall have been admitted to any state hospital for mental illness, the person in charge thereof shall, immediately upon the delivery of such person to such hospital, notify the commissioner of welfare, in writing, who shall cause proceedings to be instituted for the commit- ment of such person in the court of probate having jurisdiction in the town where such hospital is located, and, in case such person shall be committed upon application of the commissioner of welfare, he shall collect from the town in which such person has a settlement, or from such person or persons as may be liable for his support, the amount expended for such commitment and for the support and benefit of such person in the manner provided in sections 1733, 1745 and 1747. Ex- cept when otherwise provided by statute, no person shall be commit- ted or admitted to or detained in a hospital for mental illness without an order of a court or probate, provided, when a person who has sud- denly become clearly and violently mentally ill shall be brought to such hospital, such person may be received and detained therein for 1918, S. 1655, 1671 1919, C. 184 1921, C. 110 S. 1 1929, C. 116 1930 1935 Sec. 1732. Cited. 123 C. 650. 102 SOCIAL WELFARE LAWS OF CONNECTICUT not more than thirty days without order of a court of probate, in ac- cordance with the provisions of this section. 1918, S. 1660 1921, C. 96 1930 1937, S. 367d Sec. 1733 as amended by Sec. 569e. Commitment of mentally ill paupers. Support. When a pauper in any town shail be alleged to be mentally ill, a selectman of such town shall apply to the court of pro- bate tor the district wherein such pauper resides for his commitment to a state hospital for mental illness, and such court shall appoint two physicians of recognized standing, who shall fully investigate the facts of the case and report to the court; and, if such physicians shall report that such pauper is mentally ill and the court shall so find, it may order him to be taken to one of the state hospitals for mental illness, where he shall be kept and supported as long as may be requisite. Three dollars a week of the expense of his support and commitment fees shall be paid by the town wherein he has a legal settlement; and, in default of evidence of legal settlement in any town, or respon- sibility of any other person for the support of such person, the sup- port of such person and commitment fees shall be paid by the state; but, in the case of a pauper or indigent person who, while residing in any public or private institution of a charitable nature, has become mentally ill and who, previous to his admission to such institution, had no legal settlement in the town wherein such institution is located or in any other town in the state, the support of such person shall be paid by the state. 1918, S. 1661 Sec. 1734. Commitment of mentally ill indigents. When an indigent person not a pauper shall be alleged to be mentally ill, application may be made by any person in his behalf to the court of probate for the district wherein he resides and such court shall appoint two physi- cians of recognized standing and a selectman of the town wherein such indigent person is alleged to reside, who shall fully investigate the facts and report to such court; and such selectman shall include in his report a full statement of the facts relating to the residence of such alleged mentally ill person and his estimate of the value of such men- tally ill person’s estate and of the pecuniary responsibility of the per- son or persons legally liable for his support so far as he can ascertain the same. If the court of probate, upon consideration of the report of such physicians and such selectman, shall find that such person is indigent and mentally ill and is a resident of any town within its jurisdiction, it may order such person to be taken to one of the state hospitals for mental illness, where he shall be kept and supported as long as may be requisite. The judge making the order of commitment shall state therein the town of which he finds such indigent person to be a resident and the amount of his estate so reported to the court and the name, address and relationship to the mentally ill person of any person legally liable for his support. 1918, S. 1678 1927, C. 104 Sec. 1736. Release or removal; procedure. Any court of probate may order the discharge of any person who shall have been held in confinement as mentally ill under the order of such court, upon appli- cation and satisfactory proof that such person has been restored to reason. Such court may, for reasonable cause shown, order any per- son confined in a hospital for mental illness to be removed to any other hospital for mental illness in this state. If the officers, directors or trustees of a state hospital for mental illness shall be notified by the superintendent or other person in a managerial capacity of such institution that he has reason to believe that any person committed thereto by order of a probate court is not mentally ill or a suitable subject to be confined in such institution, such officers, directors or trustees may discharge such person. See Secs. 1750,1764 Sec. 1733. Pauper defined; history of law. 84 C. 549. Residence of pauper; what town chargeable with support. 69 C. 1. Father of mentally ill person liable for expense incurred by town. 23 C. 356. Sec. 1734. “Indigent” defined. 84 C. 549. SOCIAL WELFARE LAWS OF CONNECTICUT 103 Sec. 1737. Mentally ill patients; parole; temporary absence. The superintendent or keeper of any institution used wholly or in part for the care of the mentally ill may, under such restriction or agreements as he shall deem advisable, permit any inmate thereof temporarily to leave such institution, in charge of his guardian, relatives or friends, or by himself, for a period of time not exceeding six months. The original order of commitment shall remain in force and effect until such patient shall be officially discharged by the authorities of such institution. Should it appear to be for the best interest of the public or for the interest and benefit of such patient, he may return or be returned by his guardian, relatives or friends or he may be recalled by the authorities of such institution, at any time during said six months and prior to his official discharge. The expense, if any, of such recall or return shall, in the case of an indigent, be paid by those respon- sible for his support or, in the case of a pauper, by the town of which he is a resident; but nothing herein contained shall be construed to apply to the criminally mentally ill, nor those against whom criminal proceedings may be pending. See Appendix (XXVII). 1918, S. 1679 Sec. 1738. Mentally ill persons entitled to writ of habeas corpus. All mentally ill persons confined in a hospital for mental illness in this state shall be entitled to the benefit of the writ of habeas corpus, and the question of mental illness shall be determined by the court or judge issuing such writ, and, if the court or judge before whom such case is brought shall decide that the person is mentally ill, such deci- sion shall be no bar to the issuing of such writ a second time, if it shall be claimed that such person has been restored to reason. Such writ may be applied for by such mentally ill person or on his behalf by any relative, friend or person interested in his welfare. 1918, S. 1683 Sec. 1739. Patient may be detained in a hospital for mental illness at his own request. Any hospital for mental illness may receive for observation and treatment any person who in writing requests to be received: but no such person shall be confined in any such hospital for mental illness for more than ten days after he shall have given notice in writing of his desire to leave, without commitment from some court of competent jurisdiction. 1918, S. 1685 Sec. 1740. Penalty for conspiring to commit any person to a hospi- tal for mental illness. Any person who shall wilfully cause, or attempt to cause, or who shall conspire with any other person to cause any person who is not mentally ill to be committed to any hospital for mental illness, and any person who shall wilfully certify falsely to the mental illness of any person in any certificate provided for in this chapter, and any person who, under the provisions of this chapter re- lating to mentally ill persons, shall wilfully report falsely to any court or judge that any person is mentally ill, shall be fined not more than one thousand dollars or imprisoned in the State Prison not more than five years or both. 1918, S. 1690 Sec. 1741 as amended by Sec. 677c. Commitment after expiration of specified period. The commissioner of welfare, upon certificate from the superintendent or other person in charge of any state hos- pital for mental illness that, in his opinion, any person who shall have been confined therein for a specified period of time pursuant to the order of any court or of the governor, is mentally ill at the expiration of such period, shall cause proceedings for the commitment of such person to be instituted in the probate court having jurisdiction in the town in which such hospital is located; and, in case such person shall be committed upon application of the commissioner of welfare and 1923, C. 75 1930 1935 Sec. 1737. Legal presumptions created by’ commitment under this statute entirely removed by discharge of patient as cured. 113 C. 604. Sec. 1739. Cited. 124 C. 174. Note 123 C. 651. 104 SOCIAL WELFARE LAWS OF CONNECTICUT shall be an indigent or a pauper, the commissioner of welfare shall collect, from the town in which such person has a settlement or from the person or persons who may be liable for his support, the amount expended for such commitment and for the support and benefit of such person, as provided in sections 1733 and 1747. 1927, C. 63 Sec. 1742. Recommitment of escaped mentally ill persons. The name of any person who shall have escaped from any institution for mental illness and shall not have been returned to such institution within one year thereafter shall be stricken from the records of such institution and such person shall not thereafter be returned to such institution except upon further commitment by some court of com- petent jurisdiction. 1918, S. 1664 1930 1935 Sec. 1743 as amended by Sec. 678c. Commitment; to what hospitals. Any mentally ill person, the expense of whose support is paid by him- self or by another person, may be committed to any institution for the care of the mentally ill designated by the person paying for such sup- port; and any indigent mentally ill person, not a pauper, committed under the provisions of this chapter shall lie committed to any state hospital for mental illness which is equipped to receive him, at the dis- cretion of the court of probate, upon consideration of a request made by the person applying for such commitment. (See Sec. 572e). 1918, S. 1681 Sec. 1744. Expenses to be paid by whom. When any person shall be found mentally ill, upon proceedings had under this chapter, all fees and expenses incurred upon such proceedings shall be paid out of the estate of such mentally ill person, if he have sufficient estate, and, if not, by his relatives liable to support him, if of sufficient abil- ity, and if there be none such, by the town to which he belongs; and, in case such person shall be found not to be mentally ill, such fees and expenses shall be paid by the complainant. 1918, S. 1662 1919, C. 345, S. 1 1921, C. 349 1923,C. 75 1930 1935 Sec. 1745 as amended by Sec. 679c. Cost of support of paupers and indigents. The commissioner of welfare shall annually determine the cost per capita per week for the support of mentally ill persons in state institutions and shall render bills quarterly during the year en- suing at such rate per week to the conservator of each inmate of a state hospital having estate or to those persons in any way liable to contribute to the support of such inmate; provided the court of pro- bate having jurisdiction of the estate of any such inmate of which there is a conservator may, upon the application of the commissioner of welfare or any person interested, after due notice and hearing, de- termine the allowance necessary for the support of any dependents of such inmate and the amount to be paid to the state for the support of such inmate, which amount to be paid to the state may be more or less than the cost of such support per capita per week as determined by the commissioner of welfare. The action of any such court shall at any time be open to revision or modification after due notice and hearing and shall be subject to appeal as in other cases. In case of indigents having no estate and no relatives liable for their support, such bill shall be sent to the persons, if any, whom the court of pro- bate ordering the commitment shall find to be willing to contribute to such support and for the amount such court shall find such persons willing and able to pay. The commissioner of welfare shall also ren- der, quarterly, to each town a bill for the amount payable by such town on account of support of town pauper inmates as provided in section 1733, and the same shall thereupon become due and payable. 1918, S. 1666 1921. C. 398 1930 193? Sec. 1746 as amended by Sec. 679c. Payment for support in state hospitals. All bills for support of inmates in state hospitals for mental illness shall be paid to the commissioner of welfare, who shall keep an Sec, 1743. Will construed to permit trustees to use funds for patient committed to one institution because other had no room to receive him. 84 C. 554. SOCIAL WELFARE LAWS OF CONNECTICUT 105 account of the same and turn over the amount received in payment thereof to the state treasurer. At the end of each month, the board of trustees at each state hospital for mental illness shall transmit to the comptroller a statement of all bills contracted by it in the maintenance and upkeep of such hospital, to which shall be attached vouchers for the same bearing an indorsement of the approval of such board by some person authorized to act in its behalf, which statement, verified by oath of the superintendent of the institution or by the president of such board, upon approval by the comptroller, shall be filed in his office and adjusted and settled by him under the provisions of section 126. In such statement there may be included such sum as the trustees of such hospital estimate will be required for contingent or undetermined cash expenditures during the month next ensuing. Such board of trustees shall also, at the end of each quarter, transmit to the com- missioner of welfare a certified list of all inmates of such hospitals during such quarter, with the dates between which each person has been such inmate, and designating the class to which each belongs, whether “full payment,” “indigent,” “town pauper” or “state pauper.” Sec. 1747 as amended by Sec. 369g. Reimbursement of state, town or city for support. When any person shall have been supported, wholly or in part, as a pauper, by the state or any town or city within the state, or any sum shall have been paid by the state or any town or city within the state for the support of any such person in a hu- mane institution, whether such person shall have been committed thereto as a pauper or as an indigent, or otherwise, such person or his estate shall be liable to reimburse the state of such town or city for the amount expended by the state or such town or city for his support or benefit, and such amount may be recovered in a civil action in the name of the state or such town or city. If any such person shall have a husband, wife, father, mother, child, *** grandparent, grandchild, conservator or guardian, who is able to reimburse the state or such town or city, wholly or in part, for the sums expended by the state or such town or city for his support or benefit, the commissioner of wel- fare in the case of the state, the first selectman in the case of any town, or the superintendent of public welfare or department having charge of public welfare in the case of any city, may, in the name of the state or such town or city, as the case may be, bring a complaint therefor *** in any court having jurisdiction thereof in the county in which such husband, wife, relative, conservator or guardian shall re- side, or, if several be liable, in the county in which any of them shall reside, against such husband or wife or any such relative, or his or her executor or administrator or such conservator or guardian; and any other such person who might, under the provisions hereof, have been made a defendant in such action may be cited in as a party defendant on motion of either party thereto; said court may render judgment against the defendant, or each or any of the several defendants, in favor of the state or such town or city for the sum so expended, or such portion thereof as the court shall find to be reasonably com- mensurate with the financial ability of any such defendant and the number and conditions of others dependent upon him, and payment of such judgment may be secured by attachment and execution issued thereon. The statute of limitations shall not apply to any such claim and any claim by the state or such town or city for reimbursement from the estate of any deceased person shall be presented to the ex- ecutor or administrator thereof within the time limited for the presen- tation of other claims against such estate, but failure to so present such claim shall not prevent recovery from any other person hereby made liable therefor. When any such person supported by the state or 1918, S. 1667 1919, C. 208 1921, C. 101 1923, C. 75 1925, C. 17 1930 1935, S. 679c 1941, S. 250{ 1943 Sec. 1747. Applies to a past expenditure. 93 C. 573. Sec. 1747. Cited. 127 C. 58. Sec. 1747. Statute construed. 119 C. 511-513. 106 SOCIAL WELFARE LAWS OF CONNECTICUT any town or city within the state shall die leaving personal estate not exceeding five hundred dollars in value, the commissioner or the first selectman of such town or the department having charge of public welfare or superintendent of public welfare of such city, as the case may be, unless some person interested in such estate shall take out administration thereon within ninety days after such death, take such estate for the use of the state, town or city, as the case may be, sell such personal property and collect moneys due to or on deposit for or in the name of such person, and any bank, person, fiduciary agent, trus- tee, administrator or corporation having custody of such funds shall pay the same to the commissioner or to the first selectman of the town or the department having charge of public welfare or the super- intendent of public welfare of the city, as the case may be, on de- mand and his receipt shall be sufficient authority to and discharge of such bank, person, fiduciary agent, trustee, administrator or corpora- tion for such payment. 1921, C. 152 1941 Sec. 1748 as amended by Sec. 249f. Support of mentally ill persons accused of crime. When any person, charged with any offense punish- able by fine or imprisonment, or both, shall have been found not guilty because of mental illness and, by reason of such mental illness, shall have been committed to any institution supported in whole or in part by the state for confinement or treatment, or when any person shall have been committed to any reformatory institution supported by the state or to the state farm for women, the expense for the support and treatment of such person while so committed shall be paid out of the estate of such person; and, if such person shall have no estate, such expense shall be paid by the town to which he belongs in the manner provided for in section 1733, and, if he shall belong to no town in this state, such expense shall be paid by the state; provided the state may be reimbursed in case of any such commitment in the manner pro- vided in section 1747. 1930 S. 1749 1935 1939, S. 571e 1941 Sec. 1749 as amended by Sec. 251f. Conservators for mentally ill or feeble-minded p.rsons supported by state. Whenever any person having property or an interest in property shall be committed to a state institution for the mentally ill or feeble-minded or, subsequent to such commitment, shall acquire property or an interest in property, and shall be supported in whole or in part at the expense of the state, and no conservator, guardian, administrator or trustee shall have been appointed for such person, or of his estate if such person has died, the commissioner of welfare, his regularly appointed deputy or the super- intendent of the institution to which such person is committed, may apply in writing to the probate court, in the district in which such per- son has or had his residence or domicile, for the appointment of a con- servator for such person or an administrator of his estate; provided, if such person is or was not a resident of this state, such application may be made to the probate court in the district where such property or some part thereof is situated. In the event that the property of such mentally ill or feeble-minded patient be personal property, or an interest in any insurance policy or in any beneficial organization, or an interest in the estate of a decedent, or any debt due such patient, not in excess of five hundred dollars, and no guardian or conservator shall have been appointed, the commissioner of welfare shall be the guar- dian or conservator of such patient, without court proceedings, only for the purpose hereinafter specified. He shall have authority to re- lease, in behalf of such patient, his estate, any bank, insurance com- pany, beneficial organization, executor, administrator, trustee, fiduciary agent, corporation or individual, and, upon demand, any bank, insur- ance company, beneficial organization, executor, administrator, trus- tee, fiduciary agent, corporation or individual shall pay to the state of Connecticut, or to such person or persons as said commissioner shall direct, the amount due. The receipt of said commissioner or his agent SOCIAL WELFARE LAWS OF CONNECTICUT 107 shall be sufficient authority for such bank, insurance company, bene- ficial organization, executor, administrator, trustee, fiduciary agent, corporation or individual for such payment, and shall discharge its or his liability therefor. Sec. 1750 as amended by Sec. 679c. Release and transfer of inmates of humane institutions. Whenever any person has been or shall be committed by any court to any state hospital for the mentally ill or other humane institution, the commissioner of welfare or any person interested may, at any time thereafter, make application to the court making the order of commitment for a revocation or modification of such order or of the terms and conditions thereof. Such court shall thereupon order such notice of the time and place of hearing thereon as it shall deem advisable, shall hear and determine such application and may thereupon revoke, modify or affirm such order, and the action of the court thereon shall be subject to appeal as in other cases. Any inmate of a state institution for the mentally ill, epileptic or feeble- minded may be transferred to any other state institution for the men- tally ill, epileptic or feeble-minded by order of the court making the original commitment of such inmate, upon application in writing by the superintendent of the institution from which such transfer is to be made. Such court shall transmit copies of such order forthwith to the commissioner of welfare, and the institution from which trans- fer is made shall pay all costs of such order and transfer. The com- missioner of welfare may at any time cause an inmate of one state hospital for mental illness to be removed to another state hospital for mental illness, as the circumstances or necessities of the case may require. See Appendix (XXVIII) and (XXIX). 1918, S. 1668, 1669 1921, C. 92 1930 1935, S. 679c 1939 See Sec. 1736 Sec. 1751. Institutions may transfer patients by agreement. Any person who has been committed by any court to a hospital for mental illness may be transferred to any other hospital for mental illness up- on agreement of the superintendents of the respective institutions from and to which it is desired to make such transfer. Such agree- ment shall be in writing, executed in triplicate and in accordance with a form prescribed by the attorney general, which form shall be uni- form throughout the state. One copy of such agreement shall be filed for record in the court by which such person was committed and one copy retained in the files of each of the institutions participating in such transfer. Any such agreement shall have the same effect as an order of the court committing the person named therein. The conser- vator, overseer or any member of the family of any person so trans- ferred, or his next friend, may make application to the court which made the order of commitment, for a revocation or modification of such agreement, and thereupon such court shall order such notice of the time and place of hearing thereon as it shall find reasonable and upon such hearing may revoke, modify or affirm such transfer. See Appendix (XXXII). 1921, C. 92 Sec. 1752. Removal of mentally ill convicts from jail to hospital. When, in the opinion of the jailer of any common jail, any person con- fined in such jail has from any cause become mentally ill, or shall ap- pear to be mentally ill, such jailer shall immediately report the fact to the governor, and thereupon the governor shall appoint a com- mission of not more than three experts to examine such person, which commission, having been duly sworn, shall at once proceed to such jail and so far as possible ascertain the mental condition of such per- son, and shall make a report in writing to the governor as to the sanity or insanity of such person. If it shall appear from such report that in the opinion of such commission such person is mentally ill, and the governor shall approve such report, he shall issue an order to such jailer or to any proper officer, to take such person, together with a certified copy of the record of his commitment to jail and a certified 1918, S. 1709, 1710 108 SOCIAL WELFARE LAWS OF CONNECTICUT copy of such report, and deliver such person and such record and re- port to the superintendent of one of the state hospitals for mental illness, there to be safely kept until the expiration of the term for which such person was committed to such jail, or until such person shall have recovered from his mental illness. If, before the expiration of the term for which such person was committed to such jail, such person shall, in the opinion of the superintendent of such hospital, have recovered his reason, such superintendent shall forthwith report the fact to the governor, who shall appoint a commission as herein- before provided, to examine such person and report as to the sanity of such person to the governor in writing. If it shall appear from such report that such person shall have ceased to be mentally ill, and the governor shall approve such report, he shall issue an order to such jailer or any proper officer to take such person from such hospital and deliver him to the proper authorities of such jail. Any commis- sion appointed under this section shall have power to put witnesses under oath, and the charges and expenses of any such commission, not exceeding five dollars per day for each member, shall be paid by the state. See Appendix (XXXIII). 1943 Sec. 372g. Immediate transfer of mentally ill convicts to a hospital. Any jailer may cause any person confined in the jail under his super- vision whom he believes to be mentally ill to be examined by a reput- able physician, and, upon the recommendation of such physician, may transfer such person to a state hospital for mental illness, there to be kept pending the investigation required by section 1752 of the general statutes. At the time of such transfer such physician shall present to the superintendent of such hospital a sworn statement, made not more than three days previously, of his opinion that such person is mentally ill and ,in need of immediate treatment. The expenses of such temporary confinement shall be borne by the county in which such jail is located. Effective March 25, 1943. 1918, S. 1711,1712, 1713 Sec. 1753. Detention of mentally ill convict after his term. Ex- pense. Discharge. When any convict shall have been transferred from a common jail to a state hospital for mental illness and shall be con- fined in such hospital at the time of the expiration of the term of im- prisonment for which he was committed to such jail and shall be men- tally ill, the superintendent of such hospital shall certify said facts to the governor, who may issue an order for the further detention of such person in such hospital until he shall have recovered from his mental illness; and the governor shall cause such order to be transmitted to such superintendent. The expense of such confinement, support and treatment shall be paid out of the estate of such person, if he have any estate; if he have no estate, it shall be paid by the town to which he belongs, and if he shall belong to no town in this state, it shall be paid by the state. When such person shall have fully recovered from his mental illness, the superintendent of such hospital shall dismiss him therefrom. See Appendix (XXXIII). See Sec. 1747 1918, S. 1672 Sec. 1754. Attendant to be provided Tor mentally ill female. When- ever any mentally ill female shall be committed to a hospital for men- tal illness under the provisions of this chapter, the court shall, unless such female is to be accompanied by a member of her own family, direct that at least one adult female shall accompany her. 1918, S. 1673, 1674 Sec. 1755. Appeal. Any person aggrieved by any order, denial or decree of the court of probate under this chapter, including any rela- tive or friend, on behalf of any person found to be mentally ill, shall have the right of appeal as in other cases. The court of probate, on an appeal, shall make all necessary orders of notice to the parties to the proceedings and to such other persons as it may deem advisable: and may require the appellant to give bond, with sufficient surety, to the state to prosecute such appeal to effect and to pay all the legal SOCIAL WELFARE LAWS OF CONNECTICUT 109 costs and expenses thereof if unsuccessful, and may refuse to allow such appeal unless such bond be given or, at its discretion, allow such appeal without such bond. On the trial of an appeal, the superior court may require the state’s attorney or, in his absence, some other practicing attorney of the court to be present for the protection of the interests of the state and of the public. Sec. 1756. Commitment suspended on bond for confinement. The court of probate, before or pending or in the absence of an appeal, and the superior court, after finding on an appeal that such person is men- tally ill, may, in its discretion, suspend the commitment of such per- son to a hospital for mental illness and continue such suspension for such time as it shall deem advisable, if any suitable person shall give a bond to the satisfaction of such court, conditioned for the confine- ment of such person in a suitable place of detention other than a hos- pital for mental illness and for answering all damages which any per- son shall suffer in consequence of such suspension; but, in such case, the court may make the order of commitment whenever reasonable cause therefor shall be shown. After commitment to a hospital for mental illness, the court may suspend his confinement in such hospital for mental illness upon the giving of bond as above set forth, such sus- pension to continue until terminated by the court. 1918, S. 1675 See Sec. 1750 Sec. 1757. Court may direct as to care of mentally ill pending ap- peal. Pending an appeal to the superior court, said court or, if said court is not in session, any judge of the superior court, may make and enforce such reasonable orders for the care and custody of the person complained of as it or such judge shall deem reasonable. 1918, S. 1676 Sec. 1758. Removal of mentally ill person to town of his residence. When any mentally ill person who ought to be confined shall go at large in any town other than the town of his residence, the selectmen of the town where he is at large may cause him to be removed to the town where he has his residence, and any justice of the peace for the county may issue a warrant for his removal. 1918, S. 1677 Sec. 1759 as amended by Sec. 679c. Service of process in actions wherein mentally ill or feeble-minded persons are interested. In any action or proceeding to which any person confined in any institution for the mentally ill or feeble-minded in this state shall be a party or which shall affect or relate to the property rights of any such person, a copy of the writ and complaint or proceeding shall he sent by regis- tered mail to the commissioner of welfare at Hartford. No action shall abate because of any failure to comply with the provisions of this sec- tion, but the court before whom any such action or proceeding is pend- ing shall, upon finding that no notice has been given said commissioner of welfare, order that a copy of the writ and complaint or proceeding be sent as provided herein. A copy of any writ and complaint or other process in any action to which any person confined in any institution for the mentally ill or feeble-minded in this state shall be a party, re- quiring service on such person, shall be left with the superintendent of such institution, or his representative, at the time service of such writ and complaint or process shall be made on such person. 1927, C. 64 S. 1, 2, 4 1930 1935 Sec. 1760 as amended by Sec. 680c. Visits to patients in hospitals for mental illness. An attorney at law retained by or on behalf of any patient in any hospital for mental illness, or any medical practi- tioner designated by such patient or by any member of his family or by a relative or friend of such patient, shall be admitted to visit such patient at all reasonable hours, if, in the opinion of the keeper of such hospital for mental illness,, such visit would not be injurious to such patient or if a judge of the superior court shall first order in writing that such visit be allowed or if the approval of the commissioner of welfare shall be first secured. 1918. S. 1686 1919, C. 121 1930 1935 110 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1687 Sec. 1761. Patient may communicate with friends in writing. All persons detained as mentally ill shall at all times be furnished with materials for communicating under seal with any suitable person with- out the hospital for mental illness, and such communications shall b© stamped and mailed daily. Should the patient desire it, all rational communications shall be written at his dictation and duly mailed to any relative or person named by the patient. 1918, S. 1688, 1689 1930 1935, S. 681© 1941 Sec. 1762 as amended by Sec. 252f. Hospitals for mental illness to be inspect-d by public welfare council. All hospitals for mental ill ness in this state shall be subject to the inspection and visitation of the public welfare council, and shall be so visited and inspected at least once in six months in each year. Each keeper of a hospital for mental illness in this state shall, quarterly, make written return to said public welfare council, stating the name, age and sex of each pa- tient confined therein and the time when committed and by whom, which return shall contain such other information and be in such form as said public welfare council may prescribe. 1918, S. 1691, 1692 Sec. 1763. Commitment by judge of superior court. On a written complaint made to any judge of the superior court that a person named therein is mentally ill and unfit to go at large, such judge shall imme- diately appoint a committee consisting of a physician and two other persons, one of whom shall be an attorney at law, judge or justice of the peace, who, after such person has been notified according to the order of such judge of the superior court, shall inquire into such com- plaint and report to him the facts of the case and their opinions there- on; and, if in their opinion, such person should be confined, such judge shall issue an order therefor, and may tax reasonable costs and issue execution therefor. 1918, S. 1693 Sec. 1764. Commission to inquire whether person is wrongly con- fined. Any judge of the superior court, on information to him that any person is unjustly deprived of his liberty by being detained or con- fined in any hospital for mental illness, or in any place for the deten- tion or confinement of the mentally ill, or in any inebriate hospital in this state, or in the custody and control of any individual under an order of a court of probate, may appoint a commission of not less than two persons, who, at a time and place appointed by them, shall hear such evidence as shall be offered touching the case. Such commission need not summon the party claimed to be unjustly confined before it, but shall have one or more private interviews with him and shall also make due inquiries of the physicians and other persons having charge of such place of detention or confinement, and within a reasonable time thereafter report to such judge the facts and its opinion thereon and. if, in its opinion, such person is not legally detained or confined in such place, or is cured, or his confinement is no longer beneficial or advis- able, such judge shall order his discharge; but no commission shall be appointed with reference to the same person oftener than once in six months. The judge before whom any of the proceedings provided for in this section shall be had may tax reasonable costs at his discretion. See Sec. 1736 1918, S. 169S 1930, S. 1765 1935, S. 682c 1937, S. 369d 1943 Sec. 1765 as amended by Sec. 370g. Licensing of institutions for care of the mentally ill. No person, firm or corporation shall conduct or maintain within this state an institution for the treatment or deten- tion of mentally ill persons, or of persons suffering from other abnor- mal mental or nervous conditions, unless such person, firm or corpora- tion shall, upon written application, verified by oath, have obtained a license therefor from the state department of health, provided the commissioner of health may give authorization for the care of ner- vous and mental patients when their condition is without hope of im- provement under psychiatric treatment, and when such care can be given without injury to the patient, other persons or property, under such regulations as the public health council shall adopt. Said de- SOCIAL WELFARE LAWS OF CONNECTICUT 111 partment shall prescribe a reasonable sanitary code for such institu- tions. After receiving an application and making such investigation as shall be deemed necessary and after finding the specified require- ments to have been fulfilled, said department shall grant a license to such applicant to conduct an institution of the character described in such application, which license shall specify the location of such in- stitution and the name of the person to have charge thereof. Any person, firm or corporation aggrieved by any requirement of said san- itary code or by the refusal to grant any license may, within twenty days of any order directing the enforcement of any provision of such sanitary code or the refusal of such license, appeal to the superior court for the county in which such institution is located or to a judge thereof, if said court shall be in vacation. Each such institution shall be in charge of a physician registered under the laws of this state who is a diplomate of The American Board of Psychiatry and Neu- rology, or a physician registered under the laws of this state who has had at least three years’ experience as a full-time medical attendant in some institution for the care and treatment of mentally ill persons or of persons suffering from other abnormal mental or nervous condi- tions. If the licensee of any such institution shall desire to place in charge thereof a person other than the one specified in the license, application shall be made to the state department of health, in the same manner as provided for the original application, for permission to make such change, which application shall be acted upon within ten days from the date of the filing of the same. Each license granted under this section shall provide that any person under treatment or de- tention by the licensee shall be entitled to all the rights to which a patient in a hospital for mental illness is entitled under the provisions of sections 1760 and 1761, and all such persons shall be informed of their rights under said sections, by the licensee, in such manner as said department may prescribe. Each such license shall terminate on the thirty-first day of December of each year and may be revoked by the state department of health upon proof that the Institution for which such license was issued is being improperly conducted or for the violation of any of the provisions of this section, or of the sanitary code, provided the licensee shall first be given a reasonable opportun- ity to be heard in reference to such proposed revocation. Any person, firm or corporation aggrieved by such revocation may appeal to the superior court in the same manner as hereinbefore provided. Each person, firm or corporation, upon filing an application under the pro- visions of this section, shall pay to the state treasurer the sum of fifty dollars. Any person, firm or corporation who shall conduct any in- stitution, contrary to the provisions of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both. Nothing in this section shall be construed to change the duties or authority of the public welfare council under the provi- sions of section 713c. Sec. 1766 as amended by Sec. 371g. Commitment of narcotic ad- dicts. Support. The first selectman of any town, or the official of any city or borough having charge of the poor, wherein any person resides, if such person shall have a legal residence, or may be found if such person shall have no such residence, who is addicted to the use of any narcotic drug, shall, or any person interested in any such person may, apply to the court of probate for the district containing such town, city or borough for the commitment of such person to any state hos- pital for mental illness, and such court shall thereupon appoint two skilled physicians, who shall make an examination of such alleged addict and an investigation to determine the advisability of such com- mitment, and shall report the results of such examination and investi- gation to such court at such time as the court shall designate for a hearing upon such application. If the court shall find such person to be addicted to the use of any narcotic drug and it shall be for the 1918, S. 1697, 1698, 1699 1943 See Sec. 1747 112 SOCIAL WELFARE LAWS OF CONNECTICUT welfare of such person, it may order his commitment to said hospital until cured or discharged, as provided by law. If such alleged addict shall be a public charge, the court shall also require the first select- man or the official having charge of the poor of the town, city or borough where such alleged addict shall have a legal residence or shall be found, to investigate and discover the estate, if any, of such addict and the persons responsible for the support of such addict and report thereon to the court at such hearing. If the court shall find such addict to be a pauper, the municipality wherein such addict shall have a legal residence shall pay the costs of such commitment and shall pay said hospital five dollars each week for the support of such addict during such commitment. If such addict shall be an indigent, such persons as are legally chargeable for his support shall pay the costs of such commitment and shall pay said hospital five dollars each week for the support of such addict during his commitment, or so much thereof as the court may determine, and the balance shall be paid by the municipality of which such addict shall be a legal resident. If such addict shall have no legal residence in this state, the costs of such commitment and his support during such commitment shall be paid by the state. Such commitments shall be upon forms provided in accordance with section 1727 and shall be executed by any proper offi- cer or person designated by the court. 1918, S. 1700 Sec. 1767. Admission without commitment. The superintendent of said hospital may receive therein as a patient any person desirous of submitting himself to treatment for such drug habit upon written appli- cation therefor, and such person shall pay said hospital the reasonable expenses, for his support and treatment. No such patient shall be de- tained in said hospital more than five days after having given notice in writing to the superintendent of said hospital of his intention to depart. 1918, S. 1701 Sec. 1768. Only curable cases treated. Whenever said superintend- ent shall be of the opinion that any person committed under the pro- visions of section 1766 and 1767 is suffering from a cui’able disease, or such drug habit is curable, such person shall be confined in said hos- pital until cured; and, whenever said superintendent shall be of the opinion that any person committed under the provisions aforesaid, is suffering from an incurable disease and requires the administration of any narcotic drug, such person may be discharged and notice of such discharge shall be given by said superintendent to the court of pro- bate committing such person. Upon the discharge of any such person, the superintendent of said hospital shall deliver to him a certificate signed by said superintendent, stating that he is suffering from an in- curable disease and requires the administration of a narcotic drug, which certificate shall be filed with a druggist approved by the state department of health, whose place of business may be convenient to the residence of such person, and such druggist may fill the prescrip- tion of any skilled physician prescribing a narcotic drug for such ad- dict, which prescription may show an increased dosage of such drug over the dosage provided for in the prescription next preceding given to such addict. 1918, S. 1680 Sec. 1769. Fees, compensation and costs. Each officer or indiffer- ent person making legal service of any order, notice, warrant or other paper under the provisions of this chapter, shall be entitled to the same compensation as is by law provided for like services in civil cases. Physicians, for examining a person alleged to be mentally ill and making a certificate as provided by this chapter, shall be entitled to a reasonable compensation, to be fixed by the court of probate. The fees of the courts of probate shall be such as are provided by law for similar services. The superior court, on an appeal, may tax costs at its discretion. SOCIAL WELFARE LAWS OF CONNECTICUT 113 Sec. 1770. Penalty. Any keeper of a hospital for mental illness who shall wilfully violate any of the provisions of this chapter shall be fined not more than two hundred dollars or imprisoned not more than one year or both. 1918, S. 1694 Sec. 1771. Persons charged with crime not affected. The provisions of this chapter shall not extend to or affect in any way the cases of persons convicted of or charged with crime. See Appendix (XXXII). 1918, S. 1684 Sec. 5179. Order for support of mentally ill defendant. The court may, when a divorce shall be granted on the ground of incurable men- tal illness, at the time of granting such divorce or at any time there- after, on application of either party or of the guardian or conservator of the mentally ill spouse, or of any person, town or municipality charged with the support of the mentally ill spouse, make such order requiring support of the defendant, or security for such support, as may be proper, but no order shall be made providing for continued support of a sane wife from the estate of a mentally ill husband, after the remarriage of such wife, and any order relating to the support of such defendant, at any time thereafter, on application of either party or of the guardian of the mentally ill spouse, or of any person, town or municipality charged with such support, may be set aside or altered by said court. Any order providing for the support of the mentally ill party shall be enforceable in the same manner as orders relating to alimony. 1918, S. 5284 1921, C. 99 Sec. 5610. Entries and memoranda of mentally ill and incapable persons. In the trial of any civil action in which any party thereto is, at the time of such trial, mentally ill or unable to testify by reason of incurable sickness, failing mind, old age, infirmity or senility, the en- tries and memoranda of such party, made while sane, relevant to the matter in issue, may be received as evidence. Whenever the entries and memoranda of any such mentally ill person or person unable to testify would be admissible, under the provisions of this section, in his favor in any action to which he is a party, such entries and mem- oranda may be admitted in favor of any person claiming title under or from such mentally ill person or person unable to testify. The court shall determine, upon competent evidence, as a preliminary question of fact, whether the provisions of this section apply to any party or par- ties to any action on trial before it. 1918, S. 5737 Sec. 6184. Aiding escape of mentally ill persons and dipsomaniacs. Any person who shall aid or abet, or who shall conspire with another to aid or abet, the escape from any hospital or sanatorium of any per- son committed to such hospital or sanatorium as mentally ill or as an habitual drunkard or dipsomaniac, shall be fined not more than five hundred dollars or imprisoned not more than two years or both. 1918, S. 6353 See Sec. 1790 Sec. 6431 as amended by Sec. 1722c. Examination of accused who appears to be mentally ill. The officer in charge of any person com- mitted for trial to the county jail, on binding over process, mittimus, bench warrant or appeal, or any one in behalf of the accused person, shall, if it shall appear to such officer or to any one acting in behalf of such accused, at the time of such commitment or before or during the trial, that such accused is mentally ill or so mentally defective that he is unable to understand the proceedings against him, immedi- ately present such fact to the judge having jurisdiction of the offense with which such accused is charged, and such judge shall, if he be of the opinion that the mental condition of the accused is probably so defective that he is unable to understand the proceedings against him, hold a hearing to determine the mental condition of the accused, no- tice of such hearing having been given to the state’s attorney or pros- ecutor of the court having jurisdiction of the offense and to counsel for the accused. The judge may, if it appear advisable, appoint not 1918, S. 6584 1930 1931 114 SOCIAL WELFARE LAWS OF CONNECTICUT less than two nor more than three reputable, disinterested and quali- fied physicians, who shall examine the accused as to his mental con- dition and make written report thereof to the court, duly verified, and testify at the hearing, and their report shall be then placed in evidence, so far as it may be relevant and material. Any evidence regarding the accused’s mental condition may be introduced at the hearing by either party. If the court, upon the hearing, shall decide that the accused is able to understand the proceedings against him, it shall proceed with the trial; but, if it shall decide that the accused is not able to under- stand the proceedings because he is mentally ill or mentally defec- tive, it shall commit him to one of the state hospitals for the mentally ill in this state, for confinement, support and treatment until the time of his trial. If the superintendent or other official acting as manager of such institution shall be of the opinion that the accused is neither mentally ill nor so mentally incapable as to be unable to understand such proceedings, he shall report such fact to the court which com- mitted the accused. Upon receipt of such report, the court shall fix a time for a hearing to determine whether the accused is able to un- derstand such proceedings. Such hearing shall be conducted in the same manner as the hearing in the first instance to determine the mental condition of the accused. If, after such second hearing, the court shall decide that the accused is able to understand such proceed- ings, it shall proceed with the trial; but, if it shall decide that the ac- cused is still not able to understand such proceedings, it shall recom- mit him to a state hospital for mental illness or to an institution for the mentally defective. The expense of such examination shall be taxed as a part of the costs in the prosecution against such person and paid in the same manner as costs in criminal prosecutions in the supe- rior court. 1918, S. 6585 Sec. 6432. Disposition of accused acquitted on the ground of men- tal illness. The superior court, any criminal court of common pleas or any city or police court, before which any person shall be tried on any criminal charge and acquitted on the ground of mental illness or de- mentia, may order such person to be confined in either of the state hospitals for mental illness for such time as such court shall direct, unless some person shall undertake before such court, under bond to the state, to confine such person in such manner as such court shall order; and such court shall appoint an overseer for such person, if he have any estate, with the same powers and duties as conservators ap- pointed by courts of probate, such overseer giving suitable bond to the state, conditioned for the faithful performance of his trust; and, if such person shall have no estate and shall belong to any town in this state, the expense of his confinement, support and treatment shall be paid by such town and the state in the same manner as is by law pro- vided in the case of pauper patients committed by courts of probate; and, if such person shall have no estate and shall not belong to any town in this state, such expense shall be paid by the state. 1918, S. 6586 Sec. 6433. Release of person sentenced under preceding section. Any person who shall have been tried on any criminal charge and ac- quitted on the ground of mental illness or dementia and confined in either of the state hospitals for mental illness may petition, or the offi- cers of such institution may petition, the superior court of the county in which he is confined, for his enlargement, and the petition shall be served like civil process upon the selectmen of the town to which he shall belong and upon the person, if any, upon whom the offense was charged to have been committed and upon the state’s attorney of the county in which the trial was had, and said court shall make such order as to his disposal as it shall deem proper, and the state’s attor- S*c. 6432. Degree of incapacity to render person criminally irresponsible. 39 C. 591; see 87 C. 5. As to use and effect of verdict of not guilty on ground of mental illness, see 96 C. 243. See notes to sec. 6043. SOCIAL WELFARE LAWS OF CONNECTICUT 115 ney shall appear and represent the state on such petition; and, if such person so confined shall be unable to defray the expenses of such pe- tition, the court which heard the same may tax the same against the state as in criminal cases. Sec. 6434. Disposition of mentally ill person upon expiration of term. When any person shall have been tried on any criminal charge and acquitted on the ground of mental illness or dementia, and shall have been confined in a hospital for the mentally ill for any specific term by the order of the court before which such trial was had, and shall, at the expiration of such term, still be suffering from mental illness or dementia, the superintendent of such hospital shall certify such facts to the state’s attorney for the county wherein such trial was had, and the state’s attorney shall thereupon procure, from such court or, if such court be not in session, from any judge thereof, and such court, or any judge thereof if such court be not in session, is em- powered to issue, an order for the further confinement of such person in such hospital until he shall recover from such mental illness or dementia, which order, when issued by a judge, shall by him be cer- tified to the clerk of such court, and the clerk of such court shall there- upon transmit to such superintendent a new warrant of commitment based upon such order. The expense of such further confinement, sup- port and treatment shall be paid out of the estate of such mentally ill person or, if he have no estate, such expense shall be paid by the town to which such person shall belong and, if he shall belong to no town in this state, such expense shall be paid by the state. 1918, S. 6587 State Hospitals for Mental Illness Sec. 1772. Property. Power to sue. The land of the state and its appurtenances in Middletown shall be and remain for the use of The Connecticut State Hospital. Said hospital shall have power to sue in its own name for all debts or demands due to said hospital. 1918, S. 1702 Sec. 1773. Trustees; appointment; powers and duties. Superin- tendent. The government of The Connecticut State Hospital shall be vested in a board consisting of the governor, ex-officio, and twelve trustees, one from each county and four from the vicinity of said in- stitution, to be appointed by the governor. The governor shall, bien- nially, appoint four trustees who shall hold office each for the term of six years from the first day of July of the year of his appointment and the governor may fill any vacancy which may occur. Said trustees shall serve without compensation. They shall have charge of the gen- eral interests of the institution, make and execute its by-laws, appoint and remove its officers and attendants and fix their compensation and exercise a strict supervision over all of Its expenditures, and may re- ceive, by bequest, devise or gift, property for the use of the hospital, and make purchases of lands and take deeds therefor in the name of the state. They shall appoint a superintendent, not of their own num- ber, who shall be a competent physician and reside in or near the hos- pital. They shall make suitable provisions for the reception of men- tally ill convicts into said hospital and may authorize the superintend- ent to admit patients under special agreements when there shall be vacancies. 1918, S. 1703 1704,1705 1707, 1708 1919, C. 112 1921, C. 107 Sec. 577e. Phychiatric attendants; training school. The trustees of the Connecticut State Hospital are authorized to establish a school for the training of psychiatric attendants and to issue to the graduates from said school suitable diplomas or certificates. Such graduates shall be authorized to practice as psychiatric attendants only In mental 1939 116 SOCIAL WELFARE LAWS OF CONNECTICUT hospitals of this state. Said trustees shall establish such standards and rules as may be necessary to carry out the provisions of this act. 1918, S. 1714 Sec. 1774. Admittance. The Norwich State Hospital shall remain as established, and shall be open for patients upon such conditions as the trustees shall prescribe, always giving preference to the most urg- ent cases and to the people of this state. Sec. 1775. Trustees; appointment; powers and duties. Superintend- ent. The government of said hospital shall be vested in a board con- sisting of the governor and twelve trustees to be appointed by him, one from each county and four from the vicinity of the institution. The governor shall, biennially, appoint four trustees, each of whom shall hold office for six years from the first day of July of the year of his appointment. The governor may fill any vacancy which may occur. Said trustees shall serve without compensation. They shall have charge of the general interests of the institution, make and execute its by-laws, appoint and remove its officers and attendants and fix their compensation and exercise a strict supervision over all its expendi- tures, and may receive, by bequest, devise or gift, property for the use of the hospital, and may make purchases of lands and take deeds therefor in the name of the state. They shall appoint a superintend- ent, who shall be a competent physician and reside in or near the hospital. All his accounts, with suitable vouchers, shall be submitted to the trustees as they shall require. He shall, before entering upon his duties, give a bond to the state treasurer, with acceptable sureties, in the sum of five thousand dollars, conditioned that he shall faith- fully account for all moneys and property received by him as super- intendent; but no trustee shall be superintendent of the institution during his term of service or afterwards. The trustees may authorize the superintendent to admit patients into said hospital under special arrangements when there Shall be vacancies. 1918, S. 1715 1716, 1717, 1719 1918, S. 1720 Sec. 1776. Commitments; general provisions. All statutory provi- sions relating to the commitment of mentally ill persons to The Con- necticut State Hospital at Middletown shall apply to and authorize commitments to The Norwich State Hospital, or any other state hospi- tal for mental illness which may hereafter be established, with the same force and effect, and to the same extent, as if said The Norwich State Hospital or other state hospital for mental illness was especially mentioned in the statute authorizing such commitment. 1931 Special Acts 1929, No. 445 as amended by Sec. 683c. Trustees; ap- pointment and term. On or before June 1, 1937, and biennially there- after, the governor shall appoint four trustees of The Fairfield State Hospital for a term of six years and until their successors shall be appointed and shall have qualified. The governor shall fill any vacan- cy which may occur among said trustees by appointment for the un- expired portion of the term. Inebriates and Dipsomaniacs 1918, S. 1748 Sec. 1791. Commitment. When any person shall have become an habitual drunkard, a dipsomaniac or so addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, the court of probate for the district in which he resides or is domiciled shall, on application of the selectmen of the town where he resides or is domiciled or of any of his relatives, and after such reasonable notice Sec. 1791. Purpose of statute; residence defined; relative includes one by mar- riage. 90 C. 529. SOCIAL WELFARE LAWS OF CONNECTICUT 117 to him as it may prescribe, make due inquiry and, if it shall find him to be an habitual drunkard, or so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, shall order him to be taken to some inebriate asylum in this state, for treat- ment, care and custody, or committed to the care, custody and con- trol of some suitable individual, for not less than four nor more than twelve months, but, if it shall find him to be a dipsomaniac, shall com- mit him to such asylum or individual for three years. The court shall not in either case make such order without the certificate, under oath, of at least two reputable practicing physicians, given after a personal examination, made within one week before the time of such application or commitment, that, in their opinion, such person has become a dipsomaniac or an habitual drunkard, or has, from the intemperate use of narcotics or stimulants, lost the power of self-control, and ought to be placed in care of some inebriate asylum or of some suitable in- dividual. Sec. 1792. Release on probation. Discharge. Any person so com- mitted as a dipsomaniac to any inebriate asylum in this state ** may. after one year of treatment therein, be permitted by its managers to go at large on probation and without custody or restraint, for such time and under such conditions as they shall judge best. Persons placed in an inebriate asylum, under any provision of this chapter, may be discharged by its managers, pursuant to its regulations. 1918, S. 1749, 1752 See Sec. 1787 Sec. 1793. Voluntary patients at asylums. The managers, trustees or directors of any inebriate asylum, established by the laws of this state, may receive any inebriate or dipsomaniac who shall apply to be received into such asylum, retain him one year and treat and restrain him in the same manner as if committed by the court of probate. 1918, S. 1750 Sec. 1794. Officers to assist managers of inebriate asylums. Sher- iffs, constables and city police officers shall assist the managers, trus- tees and directors of any inebriate asylum established by law in the exercise of the powers and discharge of the duties vested in such managers, trustees and directors. 1918, S. 1751 Sec. 1795. Estate of inebriate liable for his support at asylum. The estate of any inebriate or dipsomaniac, received by or committed to any inebriate asylum, shall be liable for his support therein; and the expenses of any proceedings herein provided for shall be paid in the manner and by and to the person that the court or judge before whom the case shall be heard shall order and direct, and such court or judge is authorized to issue execution for such costs accordingly. 1918, S. 1753 Mansfield State Training School and Hospital Sec. 1777. Purpose. The Mansfield State Training School and Hos- pital for the care, custody, treatment, education and employment of feeble-minded and epileptic persons shall remain as established. 1918, S. 1754 Sec. 1778 as amended by Sec. 253f. Superintendent; officers of board of trustees. The government and control of said institutions shall be vested in a board of trustees, consisting of seven members. The governor shall biennially appoint, with the advice and consent of the senate, trustees to succeed those whose terms expire from time to time, to hold office for four years. The governor may remove any trus- tee for cause and may fill any vacancy by appointing a trustee for the remainder of any unexpired term. No trustee shall receive any com- pensation for his services. Said trustees shall have charge of the property of the state which may be used for the purposes of the in- 1918, S. 1755, 1758, 1759 1941 See Sec. 184 118 SOCIAL WELFARE LAWS OF CONNECTICUT stitution, shall make and execute its by-laws, appoint and remove its officers, attendants and employees and fix their compensation and exer- cise a strict supervision over its expenditures, and may receive and hold in trust property given by will or otherwise, for the benefit of feeble-minded or epileptic persons, and may make purchases of land and take deeds therefor in the name of the state. They shall appoint a superintendent who shall not be one of their number, and who shall be a reputable, trained administrator of institutions engaged in the care, custody, treatment and training of mentally deficient, feeble- minded or epileptic persons, with at least five years’ experience as the superintendent or administrative assistant of such an institution, and shall fix his salary and prescribe his duties when not otherwise pro- vided by law. They shall annually elect from their number a presi- dent and a secretary of such board who shall hold office until their successors shall be chosen. The president shall preside at all meet- ings of the board and the secretary shall keep in a book provided for the purpose a record of all votes and doings of the board. Said board of trustees shall meet at said institution as often as once every three months and whenever notified by the president of said board to do so. The superintendent shall, annually, or oftener if required by them, pre- sent to the trustees a written report of the management of said in- stitution, setting forth in detail all receipts and disbursements and the general condition of the affairs of the institution. The trustees shall report biennially to the general assembly, accompanying their report with the annual report of the superintendent. 1918, S. 1765 1939 Sec. 1779 as amended by Sec. 578e. Rules and regulations. Parole. The trustees may make such rules and regulations respecting the care, custody and discipline of inmates and the management of the institu- tion and its affairs as they may deem for the best interest of the in- mates and the state. All persons admitted to the institution shall, until discharged therefrom, be under the custody and control of the superintendent, subject to such regulations as the trustees may adopt. Said superintendent may restrain and discipline any inmate in such manner as he may deem necessary for the welfare of the inmate and the proper conduct of the institution. No inmate shall be discharged from such institution until, in the judgment of the superintendent, his mental and physical condition shall justify such discharge. Any in- mate may be released on parole for such length of time and on such conditions as said superintendent may, from time to time, determine, but the written request of the superintendent shall be sufficient war- rant to authorize any officer of the Mansfield State Training School and Hospital or any officer authorized to serve criminal process to re- turn to said training school and hospital any person so released on parole or who has escaped from the institution, and such officer shall hold such person when so requested and shall be paid for such service such fees as are provided for arresting and holding persons under criminal process. 1918, S. 1760 1919, C. 34S, S. 1 1921, C. 349 1930 1937, S. S79e 1941 Sec. 1780 as amended by Sec. 254f. Maintenance of inmates; report to the commissioner of welfare. The cost of maintenance of each inmate shall include the cost of food, clothing, treatment, training and custody. The estate of each inmate, if he have any, shall be liable for the entire expense of his maintenance, but should the estate of any inmate be in the hands of a conservator and there be a wife or any child dependent upon him, so much of his estate shall be applied for the support of those dependent upon him and so much to his mainten- ance in the institution as shall be fixed by the court of probate having jurisdiction of the accounts of such conservator. All sums paid for the support of any inmate shall be paid to the commissioner of welfare or his agent, who shall turn the same over to the state treasurer. The commissioner of welfare shall send bills to the persons liable therefor. The cost of maintenance and the cost of commitment of any person SOCIAL WELFARE LAWS OF CONNECTICUT 119 committed to said institution shall be computed and paid for in ac- cordance with the provisions of chapter 88; and, if he has not sufficient estate or legally liable relatives of sufficient ability to support him, the town wherein he has a settlement shall be liable for his institutional care. In case such inmate had no legal settlement in any town in this state at the time of his commitment, all of the expense of his main- tenance, not collected from his estate or from those legally liable for his support, shall be borne by the state. Sec. 1782 as amended by Sec. 256f. Commitments. Any court of probate shall have power to commit to said institution any person re- siding In its district whom it shall find to be a feeble-minded or an epileptic person. In the case of a pauper, application shall be made by the selectmen of the town in which he resides. In all other cases, ap- plication may be made by any relative, a guardian or the commissioner of welfare, or by the selectmen of the town in which the allegedly feeble-minded or epileptic person resides. Upon application so being made, the court of probate shall set a time and place for hearing the same and shall appoint some reputable physician to examine the per- son alleged to be feeble-minded or epileptic who, at or before such hearing, shall make written return under oath stating whether or not in his opinion such person is feeble-minded or epileptic and whether or not such person is violently mentally ill or afflicted with any conta- gious disease. In case the application shall not be made by the se- lectmen, the court shall also appoint a selectman of the town of al- leged residence, who shall investigate and report at the time of such hearing as to the residence and estate of the person alleged to be feeble-minded or epileptic and as to the pecuniary responsibility of those responsible for his support. If the court, after due hearing had, shall find the allegations in the application to be true and that the person alleged to be feeble-minded or epileptic resides within the jur- isdiction of the court, and is not violently mentally ill or afflicted with any contagious disease, it may order the person so complained of to be committed to the Mansfield State Training School and Hospital, and, in such order of commitment, the court shall find and state the name, residence, date of birth of the person committed, the names, national- ity and address of his parents, so far as the same can be ascertained, the amount of his estate and the amount per week which any person liable for his support can afford to pay for his maintenance in said institution. No such commitment shall be valid until approved by the governor, and two copies of such order of commitment shall be made, one of which shall be lodged in the office of the governor, and the other, bearing the indorsement of his approval, shall be left in the hands of the superintendent of the institution by the person appointed by the court of probate to serve the same and to deliver the person committed to said institution. See Appendix (XXXIV and XXXV). 1918, S. 1762 1941 See Sec. 1750 Sec. 1783. Transfers. Epileptic and feeble-minded persons may be transferred from any institution in this state to the Mansfield State Training School and Hospital and mentally ill persons may be trans- ferred from said training school and hospital to any state hospital for mental illness upon the recommendation of the superintendents of the respective institutions from and to which it is desired to make such transfer. The cost of such transfer shall be paid by the Institution from which the transfer is made. 1918, S. 1764 See Sec. 1750 Sec. 6275. Marriage of epilrptics and imbeciles. Every man and woman, either of whom is epileptic, imbecile or feeble-minded, who shall intermarry, or live together as husband and wife, when the 1918, S. 6428 Sec. 6275. This statute is valid; but marriage is not void. 78 C. 243; 88 C. 391. Sec. 6275. A marriage in violation of this statute is not void, but if induced by fraudulent concealment of epileptic condition, the other party may be entitled to a divorce for fraudulent contract. 115 C. 305. Cited. 115 C. 594. 118 C. SOS, 506. 120 SOCIAL WELFARE LAWS OF CONNECTICUT woman is under forty-five years of age, shall be imprisoned not more than three years. 1918, S. 6429 Sec. 6276. Procuring or aiding such marriage. Any person who shall advise, aid, abet, cause or assist in procuring the marriage of any person in violation of the provisions of section 6275, knowing such person to be epileptic, imbecile or feeble-minded, shall be fined not more than one thousand dollars or imprisoned not more than five years or both. 1918, S. 6430 Sec. 6277. Penalty for carnal knowledge in certain cases. Any man who shall carnally know any female under the a,ge of forty-five years who is epileptic, imbecile, feeble-minded or a pauper shall be impris- oned not more than three years. Any man who is epileptic who shall carnally know any female under the age of forty-five years, and any female under the age of forty-five years who shall consent to be car- nally known by any man who is epileptic, imbecile or feeble-minded, shall be imprisoned not more than three years. Operations to Prevent Procreation 1918, S. 2691 1919, C. 69 1939 Sec. 2683 as amended by Sec. 945e. Operations to prevent procrea- tion permitted in certain state institutions. The directors of the state prison and the superintendents of the state hospitals for mental illness at Middletown, Newtown and Norwich, the superintendent of the Mans- field State Training School and Hospital at Mansfield Depot and the superintendent of the Southbury Training School at Southbury are authorized and directed to appoint for each of said institutions two skilled surgeons, who, in conjunction with the physician or surgeon in charge at each of said institutions, shall constitute a board the duty of which shall be to examine such inmates of said institutions as are reported to them by the warden or superintendent or the physician or surgeon in charge, to be persons by whom procreation would be inad- visable. Such board shall examine the physical and mental condition of such persons and their record and family history so far as the same can be ascertained, and, if, in the judgment of a majority of such board, procreation by any such person would produce children with an inherited tendency to crime, mental illness, feeble-mindedness, idiocy or imbecility and there is no probability that the condition of any such person so examined will improve to such an extent as to render pro- creation by any such person advisable, or if the physical or mental condition of any such person will be substantially improved thereby, then such board shall appoint one of its members to perform the oper- ation of vasectomy or of oophorectomy, as the case may be, upon such person. Such operation shall be performed in a safe and humane man- ner, and the board making such examination and the surgeon perform- ing such operation shall receive from the state such compensation for services rendered as the warden of the state prison or the superintend- ent of either of said hospitals shall deem reasonable. 1918, S. 2692 Sec. 2684. Penalty for unlawful operation. Except as authorized by section 2683, any person who shall perform, encourage, assist in or otherwise promote the performance of either of the operations des- cribed in said section, for the purpose of destroying the power to pro- create the human species, or any person who shall knowingly permit either of such operations to be performed upon such person, unless the same shall be a medical necessity, shall be fined not more than one thousand dollars or imprisoned in the State Prison not more than five years or both. Sec. 6277. Cited. 115 C. 594. The purpose of the statute is to protect the pub- lic and not merely the individual. 118 C. 502, 505, 506. SOCIAL WELFARE LAWS OF CONNECTICUT 121 The Southbury Training School Sec. 257f. Name and purpose. The institution established and under operation at Southbury, shall be known as The Southbury Train- ing School and shall exist for the care, custody, treatment, training and employment of mentally deficient, feeble-minded or epileptic per- sons. 1941 Sec. 258r. Trustees, appointment; powers and duties. The govern- ment and control of said institution shall be vested in a board of trus- tees, consisting of seven members as established by number 506 of the special acts of 1935. Said trustees shall have charge of the property of the state, which may be used for the purposes of the institution; shall make and execute its by-laws; appoint and remove its officers, attend- ants and employees and fix tneir compensation, subject to the provi- sions of chapter 105a; shall exercise a strict supervision over the in- stitution’s expenditures; may receive and hold in trust property given by will or otherwise, for the benefit of mentally deficient, feeble- minded or epileptic persons, and may make purchases of land and take deeds therefor in the name of the state. They shall appoint a super- intendent, who shall not be one of their number. The superintendent shall be a reputable, trained administrator of institutions engaged in the care, custody, treatment and training of children and youth, with at least five years’ experience as the superintendent or administra- tive assistant of such an institution. The trustees shall fix his salary and prescribe his duties when not otherwise provided by law. They shall annually elect from their number a chairman, a vice-chairman, a treasurer and a secretary, each of whom shall hold office until his suc- cessor shall be chosen. The chairman shall preside at meetings of the board, and in his absence the vice-chairman shall preside. The treasurer shall have charge of any funds which shall come specifically into the hands of the trustees and shall submit annually, or at any time required, a statement of the same. The secretary shall keep in a book provided for the purpose a record of all votes and actions of the board. Said board of trustees shall meet at least once each month, and at such other times as the chairman may deem advisable. The superintendent shall, annually, or oftener if required by them, present to the trustees from himself and his staff, a written report of the man- agement of said institution, setting forth in detail all receipts and dis- bursments and the general condition of the affairs of the institution. The trustees shall report biennially to the governor and the general assembly, accompanying their report with the annual reports of the superintendent. 1941 Sec. 259f. Rules and regulations. The trustees may make such rules and regulations respecting the care, custody and discipline of in- mates and the management of the institution and its affairs as they may deem for the best interest of the inmates and the state. All per- sons admitted to the institution shall, until discharged therefrom, be under the custody and control of the superintendent, subject to such regulations as the trustees may adopt. No inmate shall be discharged from such institution until, in the judgment of the board of trustees, the superintendent and the director of medical and health services, his mental and physical condition shall justify such discharge. 1941 Sec. 260f. Commitments. Any court of probate shall have power to commit to said institution any person residing in its district whom it shall find to be a mentally deficient, feeble-minded or epileptic per- son. In the case of a pauper, application shall be mad© by the select- men of the town in which the allegedly mentally deficient, feeble- minded or epileptic person resides. In all other cases, application may be made by any relative, a guardian or the commissioner of welfare or by the selectmen of the town in which the allegedly mentally defi- 1941 122 SOCIAL WELFARE LAWS OF CONNECTICUT cient, feeble-minded or epileptic person resides. Upon application so being made, the court of probate shall set a time and place for hearing the same and shall appoint some reputable physician to examine the person alleged to be mentally deficient, feeble-minded or epileptic, which physician, at or before such hearing, shall make written return under oath stating whether or not such person is mentally ill, or afflicted with any contagious disease, or a carrier of the same. In case the application shall not be made by the selectmen, the court shall also appoint a selectman of the town of alleged residence, or, if in a city, the superintendent of welfare may be designated, and such selectman or superintendent shall investigate and report at the time of such hear- ing as to the residence and estate of the person alleged to be mentally deficient, feeble-minded or epileptic and as to the pecuniary responsi- bility of those responsible for his support. If the court, after due hear- ing held, shall find the allegations in the application to be true and that the person alleged to be mentally deficient, feeble-minded or epileptic resides within the jurisdiction of the court, and is not mentally ill or afflicted with any contagious or infectious disease, it may order the person so complained of to be committed to The Southbury Training School. In such order of commitment, the court shall find and state the name, residence, date of birth of the person committed, the names, nationality and address of his parents, so far as the same can be ascer- tained, the amount of his estate and the amount per week which any person liable for his support can afford to pay for his maintenance in said institution. No such commitment shall be valid until approved by the governor, and two copies of such order of commitment shall be made, one of which shall be lodged in the office of the governor, and the other, bearing the indorsement of his approval, shall be left in the hands of the superintendent of the institution by the person appointed by the court of probate to serve the same and to deliver the person committed to said Institution. See Appendix (XXXIV) and (XXXV). 1941 Sec. 261f. Transfers. Delinquent mentally deficient, feeble-minded or epileptic persons not serious discipline problems may be recommit- ted by a regular probate court commitment from any institution in this state to The Southbury Training School; and mentally ill persons may be transferred from said training school to any state hospital for the mentally ill and defective delinquents to such institutions as are equip- ped to care for them upon the recommendation of the superintendents of the respective institutions from and to which it is desired to make such a transfer. The cost of such transfer shall be paid by the insti- tution from which the transfer is made. 1941 Sec. 262f. Parole. The trustees may permit any inmate of the school to leave the institution on parole for such length of time and on such conditions as they may determine; and may, from time to time, extend the period of such parole or change the conditions upon which it is granted. They shall cause an investigation to be made prior to the granting of such parole as to the home into which such inmate is to go if paroled and other conditions and circumstances which may effect his welfare and behavior and shall provide such supervision of paroled inmates as they deem necessary for his welfare. They shall have such powers as to revocation of the permit and as to the return of the inmate to whom it has been granted as are provided by law for the return of mentally ill and feeble-minded persons to the institutions from which they have been temporarily released. No absence on parole under this section from said school shall be construed as a dis- charge therefrom. 1941 Sec. 263f. Criminal process for return of escaped persons. The written request of the superintendent shall be sufficient warrant to authorize any officer of The Southbury Training School or any officer authorized to serve criminal process to return to said school any per- SOCIAL WELFARE LAWS OF CONNECTICUT 123 son so released on parole or who has escaped from the institution, and such officer shall hold such person when so requested and shall be paid for such service such fees as are provided for arresting and hold- ing persons under criminal process. Sec. 264f. Maintenance of inmates; report to commissioner of welfare. The cost of maintenance of each inmate shall include the cost of food, clothing, treatment, training and custody. The estate of each inmate, if he have any, shall be liable for the entire expense of his maintenance, but should the estate of any inmate be in the hands of a conservator and there be a wife or any child dependent upon him, so much of his estate shall be applied for the support of those depend- ent upon him and so much to his maintenance in the institution as shall be fixed by the court of probate having jurisdiction of the ac- counts of such conservator. All sums paid for the support of any in- mate shall be paid to the commissioner of welfare or his agent, who shall turn the same over to the state treasurer. The commissioner of welfare shall send bills to the persons liable therefor. The cost of maintenance and the cost of commitment of any person committed to said institution shall be computed and paid in accordance with the provisions of chapter 88; and, if he shall not have sufficient estate or legally liable relatives of sufficient ability to support him, the town wherein he has a settlement shall be liable for his institutional care. In case such inmate had no legal settlement in any town in this state at the time of his commitment, all of the expense of his maintenance, not collected from his estate or from those legally liable for his sup- port, shall be borne by the state. 1941 Sec. 265f. This chapter shall in no manner curtail the powers, duties, organization or status of the commission and board of trustees, established by number 506 of the special acts of 1935, for the building and operation of a training school for mental defectives, but shall ex- pand, amplify and detail the same. 1941 124 SOCIAL WELFARE LAWS OF CONNECTICUT THE PHYSICALLY HANDICAPPED Sick Tuberculosis 1918, S. 2630 Sec. 2620, Reporting cases. Each physician shall report in writing the name, age, sex, ccnor, occupation, piace where last employed, if known, and address of each person under his care known by such phy- sician to nave tuberculosis, to the health officer of the town, city or borough in which such person resides, within twenty-four hours after such fact shall come to the knowledge of such physician, and the offi- cer in charge of any hospital, dispensary, asylum or other similar in- stitution shall report in like manner concerning each patient having tuberculosis who shall come under the care or observation of such offi- cer, within twenty-four hours thereafter. 1918, S. 2631 Sec. 2621. Record by health officer. The health officer of each town, city or borough shall keep a record of all such reports received by him, but such records shall not be open to inspection by any person other than the health authorities of the state and of such town, city or borough, and the identity of the person to whom any suen report re- lates shall not be divulged by such health authorities except as may be necessary to carry into effect the provisions of sections 2620 to 2625, inclusive. 1918, S. 2638 1930 1931 Sec. 2626 as amended by Sec. 1004c. Tuberculosis commission; members. The state tuberculosis commission shall consist of live mem- bers, one of whom shall be a physician who has had at least ten years’ active practice and is an expert in the modern treatment of human tuberculosis. On or before July 1, 1937, and biennially thereafter, the governor shall appoint two members of said commission to hold office for six years from the first day of July following their appointment, except that in the year 1939, and sexennially thereafter, only one mem- ber shall be so appointed. Each of said commissioners shall hold office for the term for which he was appointed and until his successor shall be appointed and shall have qualified. Said commission may ap- point a secretary. 1918, S. 2641 Sec. 2628. Tubercular persons not to remain in certain institutions. No person having tuberculosis shall be allowed to remain in any town almshouse or county temporary home. The selectmen or the person having supervision of such almshouse shall cause the inmates thereof to be examined by a reputable physician at least once every six months, and the county commissioners in each county shall cause like exam- inations to be made of the inmates of the county temporary home, and all persons found infected with tuberculosis shall be removed as soon as possible, by the selectmen or the county commissioners, as the case may be, to a home for tuberculosis patients. On or before June thir- tieth and December thirty-first in each year, the first selectman of each town, or the official having supervision of the town almshouse in towns in which such supervision shall not devolve upon the selectmen, and the county commissioners of each county shall file with the state tu- berculosis commission, a sworn statement setting forth that the exam- ination required by this section has been made, and, if any inmate shall have been found to be infected with tuberculosis, stating the Sec, 2626. Cited. 109 C. 627. SOCIAL WELFARE LAWS OF CONNECTICUT 125 name and age of such person. If such statement shall not be filed as aforesaid, said commission shall, as soon as practicable, cause such examination to be made by a physician designated by said commission, and the expense thereof shall be paid by such town or county. Sec. 2629 and Sec. 2630 as amended by Sec. 1005c. State aid to tubercular persons, (a) Any resident of the state afflicted with tuber- culosis in any form, applying for care, shall be received in a state san- atorium, without regard to the stage of the disease or the financial condition of the patient. Patients who are able to pay the full cost of care and treatment, or patients who have relatives who are able to pay for such care and treatment and are liable for the same under the laws of this state, shall be received, and such patients or such rela- tives shall pay to the state the full cost of such care and treatment. Patients who are not able to pay the full cost of such care and treat- ment, or patients whose relatives are legally liable for his support and who are not able to pay the full cost of such care and treatment, shall pay such portion thereof as he or his relatives are able to pay; pro- vided, if such patient or his relatives cannot pay any part of such care and treatment, the sum of four dollars per week shall be paid by the town or city in which such patient has a legal settlement. If such patient, or his relatives who are liable to the state under the laws of this state, are not able to pay four dollars per week but are able to pay a sum less than four dollars per week, such patient or such rel- ative shall pay such sum as he or they are able to pay and such town or city shall pay the difference between said sum of four dollars per week and the amount paid by such patient or such relatives, and the town or city in which such patient has a legal settlement shall pay said sum of four dollars per week and shall collect from such patient or such relatives the portion thereof to be paid by them. The town or city paying any part of the cost of the treatment and care of any such patient shall provide for such patient the clothing prescribed by the state tuberculosis commission, and, if such clothing shall not be so provided, said commission shall furnish the same and the cost thereof shall be paid by such town or city, (b) No town or city shall classify as a pauper any person who shall have received financial as- sistance from any such town or city for the purpose of securing treat- ment in a hospital or sanatorium for tuberculosis, or publish the name of such person as a pauper. 1918, S. 2642 1921, C. 137 1930 1935 Sec. 2631. Admissions restricted; discharges. Whenever, in the opinion of the state tuberculosis commission, any patient of the state tuberculosis’ sanatoria shall be sufficiently improved in health to per- mit of his return to his home, although such patient may have latent and incommunicable tuberculosis, the commission is authorized to dis- charge such patient. Any patient of immoral or filthy habits or who, for other good cause, in the opinion of said commission, is unsuitable for association with the inmates of such sanatorium, shall not be re- ceived or retained unless separate accommodation shall be provided for such patient. 1918, S. 2644 Sec. 2632 as amended by Sec. 1006c. Management of sanatoria. The state tuberculosis commission shall appoint a manager or superin- tendent of each home, who shall have the direction and supervision of such sanatorium under rules to be prescribed by said commission. *** 1918, S. 2648, 2646 1930 1933 Sec. 2633. Private sanatoria; inspection. Sanatoria under private management and receiving state aid shall be inspected semi-annually by the commission, but the association owning and conducting any such sanatorium shall maintain the same in good condition and shall assume all responsibility for the executive work thereof. 1918. S. 2647 1919, C. 230 Sec. 2634. Reports by commission. The commission shall make a biennial report of its work to the general assembly and shall include 1918, S. 2648 126 SOCIAL WELFARE LAWS OF CONNECTICUT in such report such recommendations for the further development of the work of the commission as it may deem advisable. 1918. S. 2619 1941 Sec. 2635 as amended by Sec. 447f. School instruction concerning tuberculosis. The tuberculosis commission shall provide for the in- struction of the public in rules of living essential to the suppression of tuberculosis and shall provide and maintain, within or apart from the state sanatoria, facilities and personnel for the detection of tubercu- losis in its early stages and for the rehabilitation of persons suffering from tuberculosis. Appropriations for Hospitals 1918, S. 413 1925, C. 255 1930 1931, S. 96c 1943 Sec. 462 as amended by Sec. 106g. Appropriations for military or- ganizations, public health nursing organizations and hospitals. Any town may, at any annual or special town meeting, make appropriations for the assistance, support or maintenance of any military organization organized within such town and in the service of the state or of the United States, or for the maintenance of any hospital, or any public health nursing organization, located within the state. 1927 1941 Sec. 2391 as amended by Sec. 409f. Licensing of hospitals. No person, firm or corporation shall operate a hospital for the care of the sick unless such person, firm or corporation shall have obtained a license therefor from the state department of health. For the pur- pose of this section, a hospital is defined as an institution for the lodg- ing, care and treatment of persons suffering from disease or other abnormal physical conditions. Said department shall, in its sanitary code, define the minimum requirements for a hospital. Said depart- ment, after receiving an application in writing, making such investi- gations as shall be deemed necessary and finding the specified require- ments to have been fulfilled, shall grant a license to operate a hospi- tal. Such license shall terminate on December thirty-first of each year and may be revoked by said department, after hearing, for failure by the holder thereof to carry out the requirements established by law. The provisions of this section shall not apply to any hospital or in- stitution wholly supported By the state, or to any hospital or institu- tion partially supported by the state, which is approved by the Ameri- can College of Surgeons as unconditionally meeting its minimum stand- ards, or to any institution coming under the provisions of section 2633 *** or section 1042e. Any person or any officer or agent of a corporation who shall violate any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both. Effective December 31, 1942. The Crippled 1927, C. 219 Sec. 464. Transportation of crippled children. Each city, town, borough or school district is authorized to transport crippled children and children having such defective eyesight as to require transporta- tion, from within their residences to places where medical, surgical or other treatment is to be given them, and to re-transport such children from within such places to within their residences, and such transpor- tation is declared to be in the line of governmental duty. Sec. 869. Vocational rehabilitation. Definitions. There shall con- tinue to be, under the direction and control of the state board of edu- cation, a division for the vocational rehabilitation and placement in 1929, C. 201 S. 1, 2 SOCIAL WELFARE LAWS OF CONNECTICUT 127 remunerative employment of persons whose capacity to earn a living has been destroyed or impaired. For the purposes of sections 869 to 872, inclusive, the term “physically disabled person” shall mean any person who, by reason of a physical defect or infirmity, whether con- genital or resulting from accident, injury or disease, is totally or par- tially incapacitated for engaging in remunerative occupation, and the term “vocational rehabilitation” shall mean rendering a disabled per- son competent to engage in a remunerative occupation. Sec. 870 as amended by Sec. 255e, Administration. The state board of education is directed to disburse all funds provided for the voca- tional rehabilitation of disabled persons; to appoint and fix the com- pensation of such persons as may be necessary to administer the pro- visions of the statutes relating to vocational rehabilitation; to reha- bilitate vocationally and place in remunerative occupations physically disabled persons who, in the opinion of said board, are susceptible of rehabilitation; to make such rules and regulations as may be neces- sary for the administration of the provisions of said statutes and to report biennially to the governor on the administration thereof. Said board and the workmen’s compensation commission are authorized and directed to formulate a plan of cooperation for such rehabilitation work. 1929, C. 201. S. 3, 4 1930, S. 870 1933, S. 223c 1937, S. 191d Sec. 871 as amended by Sec. 224c. Gifts and donations. The state board of education is authorized to receive such gifts and donations from either public or private sources as may be offered unconditional- ly or under such conditions as, in the judgment of said board, shall be suitable and consistent with the provisions of the statutes relating to vocational rehabilitation. All moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a perman- ent special fund to be used by said board in carrying out the purposes of said statutes. A report of all gifts and donations received and of all disbursements made therefrom shall be submitted biennially to the governor. 1929, C. 201 S. 5 1930 1933 Sec. 872. Federal aid for vocational rehabilitation. The provisions of an act of congress providing for the promotion of vocational re- habilitation of persons disabled in industry or otherwise and their return to civil employment, approved June 2, 1920, as amended June 5, 1924, having been accepted by this state, the state treasurer is desig- nated as custodian of all moneys received from appropriations made under the provisions of said act and is authorized to make disburse- ments therefrom upon the order of the state board of education. The state board of education is authorized to co-operate with the federal board for vocational education in carrying out the provisions of said act. 1929, C. 201, S. 6 The Blind Testing of Eyesight Sec. 929 as amended by Sec. 267c. Testing of eyesight. The state board of education shall prepare or cause to be prepared suitable test cards and blanks to be used in testing the eyesight of pupils in public schools, and shall furnish the same, together with all necessary in- structions for their use, free of expense, to each school in the state. The superintendent, principal or teacher, in each school in which no examination or inspection shall have been made under the provisions of section 925, shall, annually, during the fall term, test the eyesight of all pupils under his charge according to the instructions furnished, 1918, S. 1013 1923, C. 195 1930 1931 128 SOCIAL WELFARE LAWS OF CONNECTICUT and shall give written notice to the parent or guardian of each pupil who shall be found to have any defect of vision or disease of the eyes, with a brief statement of such defect or disease, and shall make a written report of all such cases to the state board of education. Such examination and inspection may be performed by any licensed optom- etrist, provided he be appointed for such purpose in the same manner as physicians are appointed under the provisions of section 262c. Education of the Blind 1918, S. 1069, 1070 1921, C. 88 Sec. 1043. Board of education of the blind; meetings. The board of education of the blind shall consist of five members, of whom the governor and the chief justice of the supreme court shall be members, ex-officio. The other three members, one of whom shall be a woman, shall be appointed by the governor, and each shall be a resident of this state and shall hold office for four years from the first day of July in the year of appointment. The governor may, for reasonable cause, remove any appointive member and appoint another person to fill the vacancy for the unexpired portion of the term. The chief justice may appoint as a member in his place any judge or ex-judge of the supreme or superior court, such appointment to be for two years from its date. Said board shall meet annually on the first Monday of July, at the capitol, and may meet at any other time upon the call of its secre- tary; and the secretary shall call a meeting at the request of two members. The governor or, in his absence, the judicial member shall be chairman of the board. The board shall adopt rules for its own action and for determining what persons shall receive benefits under the provisions of this chapter. 1918, S. 1071, 1072 Sec. 1044. Secretary and treasurer; compensation. Said board shall appoint a secretary, wdio shall also act as a treasurer, and prescribe his duties and compensation, which office shall be held subject to the pleasure of the board. No member of the board shall receive com- pensation for services rendered unless such services shall be special and specially requested by the board, in which case a moderate allow- ance may be made for the time actually spent. The certificate of the governor of the amount of any bill for services and expenses shall be sufficient warrant to the comptroller for the payment of the same. The tuition and other expenses of the beneficiaries shall be paid quar- terly by the comptroller, upon certificate of the governor or judicial member as to the amount. No expense shall be incurred except on the affirmative vote of three members of said board. See Sec. 184 1918, S. 1068 1919, C. 306 1921, C. 236 1927, C. 133 Sec. 1045. Instruction by the state. All blind persons, or persons so nearly blind that they are unable to receive instruction in the public schools, who are of a suitable age and capacity for instruction in the simple branches of education and who are legal residents of this state, on the affirmative vote or order of three members of the board of edu- cation of the blind, shall be entitled to receive such instructions and for such length of time as may be deemed expedient by said board. The expense of such education shall be paid by the state, to an amount not exceeding five hundred dollars for each of such persons in any one year, and, when the parents of any such blind person are not able to provide clothing and transportation for such blind person, an addi- tional sum of thirty dollars per year may be allowed for such expenses. The board of education of the blind may provide for the instruction of the adult blind in their homes, expending annually for this purpose such sum as the general assembly may appropriate. 1918, S. 1080 1921, C. 165 Sec. 1046. Powers and duties of board. The right to visit, inspect and report concerning the Connecticut Institute and Industrial Home SOCIAL WELFARE LAWS OF CONNECTICUT 129 for the Blind is exclusively vested in the board of education for the blind. All the departments of said institute shall be visited and thor- oughly inspected as often as once in three months by at least two mem- bers of said board, neither of whom shall be an officer or trustee of said institute or in any way connected therewith, no previous notice of such visits having been given to the persons in charge of such de- partments. Said board shall, annually, on or before the Monday after the first Wednesday in January, submit to the governor its report, con- taining a statement of the doings of the board during the preceding year; an account of the condition, financial and otherwise, of said in- stitute and its various departments; the number of its inmates; the number of blind persons from this state being educated in other in- stitutions under the provisions of section 1047 and such other informa- tion as will apprise the general assembly of the true condition, pro- gress and needs of blind persons who are residents of this state and who are receiving instruction under the provisions of this chapter and of all other blind persons who are residents of this state whose cases have come to the knowledge of said board. Said board may prepare and maintain a register of the blind in this state which shall describe their condition, cause of blindness and capacity for education and in- dustrial training, and may register cases of persons whose eyesight is seriously defective and who are liable to become visually handicapped or blind, and may take such measures in co-operation with other au- thorities as it may deem advisable for the prevention of blindness or conservation of eyesight, and, in appropriate cases, for the education of children and for the vocational guidance of adults having seriously defective sight. Sec. 1047. Contracts with institutions. Compulsory attendance. Said board may, within the expenditure therefor provided in section 1045, contract with institutions, individuals and mercantile and manu- facturing establishments having facilities for the instruction of the blind, for the education, board and keep of blind persons who are legal residents of this state found by the board to be fitted for such instruc- tion. Said board may compel attendance of any blind child, until such child shall attain the age of eighteen years, at an institution providing instruction as defined in this section; and, if the parents or guardians of such child shall not assent thereto, the court of probate of the dis- trict where such child shall reside shall, on the application of any member of said board and after reasonable notice to the parents or guardians of such child of the time and place of hearing upon such application, inquire into the facts and, if such court shall find that the sight of such child is so impaired as to disable such child attending and receiving instruction in any public school, it shall issue an order placing such child in the care and custody of said board until the further order of such court, and such order shall give to said board all the rights and authority of a parent over such child. 1918, S. 1073, 1074 1921, C. 160 1925, C. 56 Sec. 1048. Employment and aid. Said board is authorized to aid in securing employment for capable blind or partially blind persons in in- dustrial and mercantile establishments and in other positions which offer financial returns. Said board may aid needy blind persons in such way as it shall deem expedient, expending for such purpose such sum as the general assembly may appropriate, provided the maximum expenditure for any one person shall not exceed the sum of thirty dol- lars a month. 1921, C. 231 Sec. 1049. Power to receive bequests. The Connecticut Institute and Industrial Home for the Blind is empowered to receive, hold, invest or employ, as it may deem for the best interests of said institution, all property which may come to it by gift, bequest or devise or which it may acquire in any manner; but the general assembly may, at any time, limit the amount of property to be so held or acquired. All property of said institution shall be exempt from taxation. 1918, S. 1075 130 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1076 Sec. 1050. Exemption from license fees. Any goods, wares or mer- chandise, manufactured or produced in whole or in part by said institu- tion in furtherance of its purpose to instruct or employ the blind, may be sold or exchanged in any town, city or borough in this state, and said institution, its agents or its employees, shall not be required to procure a license therefor, and no law providing for the payment of a license fee for such privilege shall apply to said institution, its agents or employees, unless it or they shall be particularly referred to in its provisions. 1918, S. 1077, 1078 Sec. 1051. Instruction in useful occupation. Trade implements. Each blind or partially blind person over eighteen years of age, who is a beneficiary of the state in the department of industrial training in any institution, shall be given, at the expense of the state, for a period not exceeding three years, practical and uninterrupted instruction in some useful occupation conducive to his future self-support. At the term- ination of the period of industrial training of each such person, the state authorities having in charge the industrial education of the blind shall be empowered to provide, under such conditions as said authori- ties may deem necessary, machinery, tools and materials to the amount of not more than two hundred dollars in any one case, for the pur- pose of establishing such blind or partially blind person in some use- ful occupation conducive to his self-support. The expense of provid- ing such machinery, tools and materials shall be met from the appro- priation made biennially by the general assembly for the education of the blind. 1939 Sec. 277e. Services and sales fund. For the purpose of aiding the blind by providing sales and service opportunities, there is established a sales and service fund for the state board of education of the blind in the amount of three thousand dollars, which shall be used as a re- volving fund; said amount to be provided from funds in the custody of said board on June 15, 1939. Any money received by said board through donations from private sources or from refunds of money advanced to assist the blind, and from the sales of articles or goods manufactured by the blind, and from the sale of other articles or goods, or from sales held to assist the blind, shall be deposited in the fund and used to aid the blind. Payments to the blind shall be made from said fund for labor or services rendered in connection with the manufacture of articles for resale. At the end of each fiscal year, any surplus over said sum of three thousand dollars, derived from sales of manufactured goods or articles or other sales, in excess of said cost of labor or services, shall revert to a special fund under the supervision of the comptroller, subject to use in an emergency for the purposes for which originally appropriated. Reimbursements received in repay- ment of cost of services or aid extended to the blind prior to the cur- rent fiscal year, shall be transmitted to the state treasurer. No pro- vision of section 89e inconsistent with the provisions hereof shall ap- ply to this section. Sec. 251 g. Use of sales and service fund. The service and sales fund of three thousand dollars, established for the board of education of the blind under the provisions of section 277e of the 1939 supple- ment to the general statutes, may be used as a revolving fund for the purchase of supplies for resale and for labor or equipment required by said board for the purpose of aiding the blind by providing vending stands and sales and service opportunities. Bills contracted by the board of education of the blind for the purpose specified in this section shall be paid by order of the comptroller against said fund in the man- ner provided by law for the payment of all claims against the state. 1943 1918, S. 1079 Sec. 1052. Aids for adults. The benefits provided by section 1051 relating to furnishing machinery, tools and materials shall be extended to each blind person who has been a beneficiary of the state in any SOCIAL WELFARE LAWS OF CONNECTICUT 131 institution for the blind for the purpose of learning a trade which shall be conducive to his or her self-support, provided such blind person shall be a legal resident of this state. Each adult blind person desir- ing to receive aid provided for in section 1051 shall make written ap- plication therefor to the state authorities having in charge the indus- trial education of the blind, which application shall be accompanied by a statement signed by not less than twelve reputable citizens of the town to which such blind person belongs, to the effect that such blind person is industrious, of good habits and capable of carrying on in a competent manner a trade which he or she has learned. Upon the approval of such application by said state authorities, they may pro- vide, under such conditions as they may deem necessary, machinery, tools and materials to the amount of not more than two hundred dol- lars in any one case, for the purpose of enabling such person to carry on such trade, and the appropriation made biennially by the general assembly for the care and education of the blind shall be made to include the sum deemed necessary by the proper state authorities to accomplish the provisions of this section during the succeeding bien- nial period. Each article so provided for such blind person and the income from labor obtained thereby shall be exempt from attachment. Sec. 1121e. Licensing of dogs used by blind persons. Any blind person who is the owner or keeper of a dog which has been trained and educated to guide and assist him, in traveling upon the public streets or highways or otherwise, shall receive from the town clerk of the town where such dog is owned or kept, upon payment of twenty- five cents, a license and tag for such dog, issued in accordance with the provisions of section 1365c of the 1935 supplement to the general stat- utes, and no additional fee shall be required of the owner or keeper of any such dog. When any such dog has not been previously regis- tered and licensed by the town clerk to whom application is being made, such town clerk shall not register such dog nor issue to the owner a license and tag therefor unless written evidence shall be ex- hibited to him that the dog is trained and educated and intended in fact to perform such guide service for such applicant. 1937, S. 696d Sec. 599g. Seeing-eye dogs on trains. Any blind person who is traveling on a train from one point in this state to another point in this state may keep his seeing-eye dog with him in any coach or pull- man car of such train, provided such dog shall be in the direct cutody of such blind person and is properly and safely muzzled. Such blind person shall not be required to obtain a private room or berth accom- modations for such seeing-eye dog. Effective June 28, 1943. 1943 Sec. 1446e. The use of certain canes by blind persons, (a) No per- son, except one wholly or partially blind, shall carry or use on any street or highway, or in any other public place, a cane or walking stick which is white in color or white tipped with red. (b) Any driver of a vehicle who shall approach or come into the immediate vicinity of a person wholly or partially blind, carrying a cane or walking stick white in color or white tipped with red, shall take such precautions before proceeding as may be necessary to avoid accident or injury to the per- son wholly or partially blind, (c) Any person who shall violate any provision of this section shall be fined not more than twenty-five dollars. 1937, S. 857d Blind Persons Sec. 2928. Blind persons not to pay for license to sell their own work. No town, city or borough shall require any license fee from any blind person, resident of this state, for the privilege of selling 1918, S. 2999 132 SOCIAL WELFARE LAWS OF CONNECTICUT within its limits, goods, wares and merchandise, manufactured by him with his own hands. 1918, S. 2417 1921, C. 242 1930 1935 Sec. 2424 as amended by Sec. 937c. Blindness among infants. Any inflammation, swelling or unusually redness in the eyes of any infant, either apart from or with any unnatural discharge from the eyes of such infant, occurring at any time within two weeks after the birth of such infant, shall for the purposes of this section, be designated as “inflammation of the eyes of the new-born.” The professional attend- ant or other person caring for a new-born infant shall report any such inflammation of the eyes of the new-born to the local health officer within six hours after such condition shall be observed. **** The per- son in attendance at the birth of any infant shall instill into the eyes of such infant, immediately after birth, one or two drops of a prophy- lactic solution approved by the state department of health. The state department of health shall furnish in a convenient form for such use a prophylactic solution for gratuitous distribution to persons licensed to practice the healing arts or midwifery. Any person who shall vio- late any provision of this section shall be fined not less than ten dol- lars nor more than fifty dollars. Education of the Deaf 1921, C. 200 s. 2 -30.C.57 1937, S. 20id Sec. 1053 as amended by Sec. 278e. Mystic Oral School for the deaf. Trustees. The Mystic Oral School for the Deaf shall continue to be under the management of a board of six trustees, who shall have supervision and control of the education and training of all boys and girls admitted to said school and the management and control of the property of said school. Two of said trustees shall be appointed an- nually by the governor for a term of three years from the first day of July in the year of their appointment. The governor shall have power to remove any trustee for cause and may fill any vacancy for the un- expired portion of the term. Said trustees shall serve without com- pensation. Said trustees shall appoint a superintendent, who shall not be a member of the board and who shall be subject to removal by the board for cause, and may appoint such other officers or agents as may be deemed necessary. Said trustees shall, annually, report under oath to the governor the general financial condition of said school, with such recommendations as they desire to make. Effective June 21, 1937. See Sec. Sec. 1054. Duties of superintendent. The superint°ndent shall have charge and custody of all inmates of said school; shall keep account of all receipts and expenditures in such manner as the trustees may require; shall keep all books and papers open to their inspection and shall give a bond of not less than five thousand dollars to the state conditioned for the faithful performance of his duties. The superin- tendent shall,’ subject to the approval of the trustees, determine the number of and select and appoint all subordinate officers and define their duties. The superintendent may remove any officer or employe© appointed by him, for cause. 1921, C. 200, S. 3, 4 Sec. 1055. Transfer of inmates. The board of trustees may trans- fer to any other state institution, with the advice and approval of the governor, any inmate whose welfare the trustees, after examination of the case, shall decide may be best cared for at such other institution. Any inmate who, in the judgment of said hoard of trustees, is in need of special medical attention may be transferred to a hospital or any other appropriate institution. 1921, C. 200, S. 6 ' ’ ’ SOCIAL WELFARE LAWS OF CONNECTICUT 133 Sec. 1056 as amended by Sec. 348c. Governor may appoint pupils. Support and care. Expense. The governor may appoint, for a period of not more than twelve years, any deaf minor person, domiciled within this state, as a pupil at any institution in this state for the education of the deaf, and he may, upon the recommendation of the principal or superintendent of such institution, extend such period not exceeding six years. The governor may revoke such appointment. The governor may contract for the support, care and education of persons so ap- pointed, and no such appointees shall be withdrawn from any such in- stitution except with the consent of the authorities thereof or of the governor. The expense incurred for such support, care and education shall, while such persons continue as such pupils, except so far as such expense may be paid by such pupils or their parents or guar- dians, be borne by the state, in such amounts as may be appropriated by the general assembly per capita per annum. 1918, S. 1081, 1082, 1083 1925, C. 118 1930 1933 Health Department of Health Sec. 2371 as amended by Sec. 500g. Powers and duties of commis- sioner. The commissioner of health shall employ the most efficient and practical means for the prevention and suppression of disease, and shall administer the health laws and sanitary code, prepare rules and regulations for the council and, with the approval of the council, ap- point and remove directors of bureaus, deputies, inspectors and other employees. He shall have authority over health officials, and may, for cause and with the consent of the council, remove any local health official; but any person claiming to be aggrieved by such removal may appeal to the superior court, which may affirm or reverse the action of the council as the public interest may require. He shall assist and advise local health officers in the performance of their duties, and may require the enforcement of any law, regulation or ordinance relating to public health, and, with the health authorities of this and other states, secure information and data concerning the prevention and control of epidemics and conditions affecting or endangering the public health, and he shall compile such information and statistics and shall disseminate among health authorities and the people of the state such information as may be of value to them. He shall prepare printed forms for reports and returns, together with such instructions as may be necessary, for the use of health officers, boards of health and reg- istrars. When requested by local health officers, he shall consult with them and investigate and advise concerning any condition affecting public health within their jurisdiction; make, at least once each year, an inspection of all public hospitals, asylums, prisons, schools and other institutions and submit a report of his investigations to the council, with his recommendations. The commissioner of health shall investigate nuisances and conditions affecting, or that he has reason to suspect may affect, the security of life and health in any locality and, for that purpose, he, or any person authorized by him so to do, may enter and examine any ground, vehicle, apartment, building or place, and any person designated by him shall have the authority con- ferred by law upon constables. Said commissioner may, subject to the approval of the commissioner of finance and control, employ such cleri- cal and other assistance and purchase such supplies and materials for use in said department as may be necessary for the discharge of the duties of his office. The commissioner may, subject to the approval of said council, appoint an acting commissioner who shall, during the absence or inability of the commissioner, perform the duties and exer- 1918, S. 2364 1919, C. 209 1930 1937, S. S79d 1939, S. 855e 1943 134 SOCIAL WELFARE LAWS OF CONNECTICUT else the powers of the commissioner. The commissioner may author- ize any deputy, director, inspector or agent to perform any adminis- trative duties imposed by statute upon him. 1918,.S. 2365 1919, C. 248 1923, C. 94 1930, S. 2372 1931, S. 924c 1937, S. 8S6e 1941 Sec. 2372 as amended by Sec. 408f. Bureaus. Said department shall maintain laboratories and bureaus of vital statistics, preventable dis- eases, sanitary engineering, child hygiene, public health nursing, public health instruction, venereal diseases, mental hygiene and industrial hygiene. The commissioner of health may appoint a director of each of such bureaus, who shall perform the duties of his office under the direction and control of said commissioner. 1935 Sec. 926c. Federal Funds, (a) The state department of health is designated as the state agency to receive and administer federal funds which may become available for health services to children, including aid to crippled children, (b) The commissioner of health may create an advisory board composed of representatives of public departments and private agencies concerned with welfare and educational interests and individuals to assist him in making plans and allotting funds. 1943 Sec. 505g. Maternity care for wives of members of the armed forces. The commissioner of health shall, on request, furnish medical, hospital, nursing, obstetric and pediatric care to wives, and to infants under the age of one year, of men serving in the armed forces of the United States, when such wives are unable to secure proper care for themselves or for such infants. Said commissioner shall co-ordinate the aid furnished under the provisions of this act with any aid received from the federal government for like purposes. Effective from June 1, 1943 until two years after the termination of the war. See Sec. 507g 1943 Sec. 508g. Allotments. All allotments from the appropriation made in this act shall be authorized in the manner described in section 52e of the 1939 supplement to the general statutes and shall have the ap- proval of the finance advisory committee. 1919, C. 239 Sec. 2374. Control of communicable diseases in institutions. Any person who shall be confined or imprisoned in the State Prison or in jail or in any other institution for a period of ten days or longer may be examined for any malignant, infectious or contagious disease, and, if found infected with any such disease, he shall be treated during the term of his confinement and, if not cured at the date of his discharge, the local health officer shall be notified. The person in charge of each such institution shall provide for such examination and necessary treatment of all such persons admitted thereto. The state department of health may make such rules, regulations or orders as shall, in its judgment, be necessary to carry out the provisions of this section. See Appendix (II). 1918, S. 2371, 2372 Sec. 2380. Information to local authorities. Reports to department. The state department of health shall cause all proper sanitary informa- tion in its possession to be promptly forwarded to the local health authorities of any town, city, borough or county in the state, which may request the same, adding thereto such useful suggestions as the experience of said department may supply. The local health authori- ties shall supply like information to said department, together with a copy of their reports and other publications. Said department may re- quire reports and information at such times and of such facts, and gen- erally of such nature and extent, relating to the safety of life and promotion of health, as its by-laws or rules may provide, from all public dispensaries, hospitals, asylums, infirmaries, prisons~and schools, from the officers thereof and from all other public institutions, their officers and managers, and from the proprietors, managers, lessees and SOCIAL WELFARE LAWS OF CONNECTICUT 135 occupants of all places of public resort in the state; but such reports and information shall only be required relating to matters concerning which said department may in its opinion need information for the discharge of its duties. Said department shall, when requested by public authorities, advise officers of the state, county or local govern- ment in regard to sanitary drainage, and the location, drainage, ven- tilation and sanitary provisions of any public institution, building or place. Said department shall give all information that may be reason- ably requested, concerning any threatened danger to the public health, to local health officers and to all other sanitary authorities in the state, who shall give like information to said department; and said depart- ment and such officers and sanitary authorities shall co-operate to pre- vent the spread of disease, and for the protection of life and the pro- motion of health. Sec. 932c. Reports of physical defects of children. Each person licensed to practice medicine, surgery, osteopathy, midwifery, chiro- practic, natureopathy, chiropody or nursing or to use any other means or agency to treat, prescribe for, heal or otherwise alleviate deformity, ailment, disease or any other form of human ills, who shall have pro- fessional knowledge that any child under six years of age has any physical defect shall, within forty-eight hours from the time of acquir- ing such knowledge, mail to the state department of health a report, stating the name and address of the child, the name and address of his parents or guardians, the nature of the physical defect and such other information as may reasonably be required by said department. Said department shall prepare and furnish suitable blanks for such repdrts and shall keep each such report on file for at least six years from the receipt thereof. 1933 Sec. 858e. Crippled children, (a) The state department of health is designated as the state agency to administer a program of services for children who are crippled or who are suffering from conditions which lead to crippling, and to receive and administer federal funds which may become available for such services; and the commissioner of health is authorized to extend and improve, especially in rural areas and in areas suffering from severe economic distress, as far as prac- ticable, such services for locating crippled children and for providing medical, surgical, corrective and other services and care, and facilities for diagnosis, hospitalization and after-care for children who are crippled or who are suffering from conditions which lead to crippling. The commissioner of health shall have final administrative responsi- bility for all activities on behalf of such children as are provided for by this section, and shall have charge of the disbursement of all funds to be used for such purposes, whether by state or federal grant or ap- propriation, and said commissioner is authorized, in addition to the powers conferred herein, to cooperate with the federal government or any authority thereunder respecting the exercise of powers herein granted. 1937, S. 582 1939 Sec. 2520 as amended by Sec. 925e. Communicable diseases bar to employment. No employer shall permit any person to work in his bake- shop who is affected with pulmonary tuberculosis or a scrofulous or venereal disease or with a communicable skin affection or with diph- theria, dysentery, para-typhoid fever, poliomyelitis, scarlet fever, small- pox, streptococcus sore throat, typhoid fever, tuberculosis, gonorrhea or syphilis, except in those cases in which the health officer has given written authorization stating that the public health is not endangered, and each employer shall maintain himself and his employees in a clean and sanitary condition, with clean, washable outer clothing, while engaged in the manufacture, handling or sale of food products. No person shall be allowed to smoke in a bakery while in the performance of his duty. 1918, S.2 520 1930 1935, S. 995c 1939 136 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 5263 1921, C. 260 1925, C. 260 1927, C. 40 1929, C. 147 1930 1935, S. 1595 1937 1939, S. 1315e 1943 Sec. 5149 as amended by Sec. 688g. Marriage licenses, (a) No persons shall be joined in marriage until both have joined in an appli- cation to the registrar of births, marriages and deaths, in the town in which such marriage is to be celebrated for a license for such mar- riage, which application shall be under the oath of each of the appli- cants and shall state, as to each applicant, the name, age, color, occu- pation, birthplace, residence, whether single, widowed or divorced and whether under the supervision of a guardian or conservator. Any such application, when accepted as provided in subsection (b), shall be open to public inspection as a part of the records of the office of such registrar, and all applications which have been filed within five days shall be kept separately and readily accessible to public examin- ation. It shall be sufficient that the application be signed and sworn to by one of the contracting parties when the same shall be filed with the registrar if, before the certificate shall be granted, the other party shall sign and swear to such application before such registrar, (b) No application shall be accepted by such registrar until there shall be in the possession of such registrar a statement or statements signed by a phyician licensed to practice medicine or osteopathy in this state or in any other state or any territory of the United States or the District of Columbia that each applicant has submitted to a Wasserman or Kahn or other similar standard laboratory blood test and that, in the opinion of such physician, the person is not infected with syphilis c in a stage of that disease that is communicable. Any such statements shall also be accompanied by a statement by the person in charge of an approved laboratory giving the name of the standard laboratory blood test made and shall contain the exact name of such applicant but shall not contain the results of the test. A standard laboratory blood test shall be a laboratory test for syphilis approved by the state de- partment of health and shall be performed by said department on re- quest of a licensed physician or at a laboratory approved by it, such test to be made not more than forty days before the issuance of mar- riage license, (c) No registrar shall issue a certificate until the fifth day following the filing of an application for the same unless the judge of probate for the district within which the intended marriage is to be celebrated, after hearing such evidence as shall be presented, shall render a decision in writing that, in his opinion, public policy or the physical condition of either one of the parties requires the intended marriage to be celebrated without delay; and, for like reasons, such judge of probate may cause to be waived the provisions of subsection (b). Upon receipt of such decision, such registrar shall place the same on file as a public document and shall immediately accept said appli- cation and issue his certificate therefor which shall state that the par- ties named have complied with the provisions of this section. If no such decision shall have been rendered by such judge of probate, such registrar shall accept the application and shall, on the fifth day fol- lowing the acceptance of such application, issue his certificate that the parties therein named have complied with the provisions of this section, (d) No certificate shall be issued if either of the parties be under the control or supervision of a guardian or conservator unless the written consent of such guardian or conservator shall be filed with the registrar, nor to parties either of whom is less than sixteen years of age unless the judge of probate for the district wherein such minor resides shall indorse on such certificate his written consent; nor to parties either of whom is a minor until a parent or guardian of the person of such minor shall have given to such registrar his consent in writing. If any minor shall have no parent or guardian who is a resident of the United States, the consent of the judge of probate of the district wherein such minor resides shall be sufficient. Such Sec. 5149. Cited. 113 C. 249. * The term “licensed physician” as used in this subsection, tehall be construed to include a licensed osteopathic physician. Effective June 11, 1937. SOCIAL WELFARE LAWS OF CONNECTICUT 137 certificate shall be a license for any person authorized to perform the marriage ceremony to join in marriage within such town the parties therein named, (e) Any registrar who shall place on file any appli- cation or issue any certificate except as herein provided for, or who shall conceal the fact that any such application has been filed or refuse to allow any such application to be examined or copied at any time while his office is open for business, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both, and any person who shall join any persons in marriage without having re- ceived such certificate shall be fined not more than one hundred dol- lars. No person married without the consent herein provided for shall acquire any rights by marriage in the property of any person who shall, at the time of such marriage, be under the supervision of a conservator, (f) Each registrar shall issue to any person making an application for a marriage license a copy of this section. Effective March 18, 1943. Sec. 6391. Falsa representations to dispensaries. Any person who shall obtain medical or surgical treatment from any dispensary located in this state, on false pretenses or representations as to his place of residence or as to his pecuniary circumstances, shall be fined not more than fifty dollars. 1918, S. 6541 138 SOCIAL WELFARE LAWS OF CONNECTICUT CORRECTIONAL INSTITUTIONS General Provisions 1941 Sec. 289f. Compensation for injuries of inmates of state institutions. In case of injury which results in a fatality or in a permanent handi- cap, to any inmate of the State Prison, the Connecticut Reformatory, The State Prison for Women, the Connecticut State Farm for Women, the Connecticut School for Boys or Long Lane School, the board of directors of the institution concerned shall carefully investigate such injury and report the facts, together with their recommendations for compensation, to a committee consisting of the governor, the attorney general and the commissioner of finance and control. Said committee shall consider such reports and recommendations and fix the compen- sation, if any, to be paid either in monthly payments or in a lump sum. Such compensation shall be paid from the general fund of the state. Institutions for Women and Girls State Farm for Women 1918, S. 1721, 1722 Sec. 1796. Management. The state reformatory for women known as The Connecticut State Farm for Women shall remain as established and shall be under the management of seven directors, who shall be appointed by the governor and at least three of whom shall be women. The governor shall, annually, appoint one director for seven years. He shall also fill by appointment any vacancy that may occur for the un- expired portion of any term. All such appointments shall be of a non- partisan character. The governor shall have power to remove any of said directors for cause. The directors shall receive no compensation for their services. See Sec. 184 1918, S. 1723, 1735 Sec. 1797. Powers of directors; reports. The directors shall have control of the institution, determine the policy of the same and make necessary rules for the discipline, instruction and labor of inmates, which rules shall make provision for a system of general and voca- tional instruction, including useful trades and domestic science, and for proper recreation facilities. They shall cause to be kept proper records, including those of inmates; fix the salaries of the officers of said institution; appoint from their number a president and a secre- tary, who shall hold office for such length of time as the board may determine; hold meetings at least quarterly at said institution and audit the accounts of the superintendent quarterly. They shall report annually to the governor the general and financial condition of said institution, with such recommendations as they may desire to make, a copy of which report shall be sent to the secretary of each state of the United States. Sec. 597e. See page 145. 1919, C. 276 Sec. 1798. Authorized to receive gifts. The Connecticut State Farm for Women is authorized to receive, hold and use real estate, and to receive, hold, invest and disburse money, securities, supplies or equip- ment offered it for the purposes for which said farm is established, by SOCIAL WELFARE LAWS OF CONNECTICUT 139 the federal government, or by any person, corporation or association, provided such real estate, money, securities, supplies or .equipment shall be used only for such purposes. Said farm shall include, in its annual report provided for in section 1797, an account of the property so received, the names of its donors, its location, the use made thereof and the amount of unexpended balances on hand. Sec. 1799. Superintendent. The directors shall appoint, and remove at discretion, a superintendent of said institution, who shall be a woman, not of their number, and who, before entering upon the duties of her office, shall give a bond to the state, with sufficient surety, in the sum of five thousand dollars, and shall be sworn to a faithful per- formance of her duties. The superintendent shall receive such com- pensation as shall be fixed by the directors and shall reside at said institution. She shall manage said institution and have control over the inmates thereof, and, subject to the approval of the board of di- rectors, make rules and regulations for the administration of said in- stitution, and determine the number of, select, appoint and assign duties to, all subordinate officers of said institution, who shall be women, as far as practicable, and shall be sworn to a faithful perform- ance of their duties. There shall be a deputy superintendent and, as soon as the size of the institution shall demand it, a resident woman physician and a clerk. The superintendent may remove any officer ap- pointed by her. The clerk of the institution shall give a bond to the state, with sufficient surety, in the sum of five thousand dollars. 1918, S. 1724, 1725 Sec. 1800. Who may be committed. Women over sixteen years of age belonging to any of the following classes may be committed by any court of criminal jurisdiction to said institution: First, persons con- victed of, or who plead guilty to, the commission of felonies; second, persons convicted of, or who plead guilty to, the commission of misde- meanors, including prostitution, intoxication, drug-using, disorderly con- duct; third, unmarried girls between the ages of sixteen and twenty-one years who are in manifest danger of falling into habits of vice or who are leading vicious lives, and who may be convicted thereof in ac- cordance with the provisions of section 1817. Only such offenders may be committed to said institution as in the opinion of the trial court, will be benefited physically, mentally or morally by such com- mitment, and, immediately upon commitment, a careful physical and mental examination, by a competent physician, shall be made of each person committed. The court imposing a sentence on offenders of either class shall not fix the term of such commitment. Commitment to said institution shall be made within one week after sentence is imposed, by the sheriff when sentenced by the superior court, and by a police officer when sentence is imposed by any town, city or borough court, but no offender shall be committed to such institution without being accompanied by a woman in addition to the officer. The ex- penses of such commitment shall be paid as are commitments to other penal institutions in the state. The trial court shall cause a record of the case to be sent with the commitment papers on blanks furnished by the institution. The duration of such commitment, including the time spent on parole, shall not exceed three years, except where the maximum term specified by law for the crime for which the offender was sentenced shall exceed that period, in which event such maximum term shall be the limit of detention under the provisions of this chap- ter, and, in such cases, the trial court shall specify the maximum term for which the offender may be held under such commitment. See Appendix (XXXVI). 1918, S. 1726 See Sec. 1880 Sec. 1801. Board of parole. Said board of directors shall constitute a board of parole and discharge. Any inmate of the institution may, upon recommendation of the superintendent, be allowed to go on parole 1918, S. 1727 Sec. 1800. Cited. 115 C. 596. 140 SOCIAL WELFARE LAWS OF CONNECTICUT in the discretion of a majority of said board of parole under the fol- lowing conditions: That she is in good physical condition, has ability to earn an honest living, has a satisfactory institulionai record, based on the merit system, and a proper home to which she may go, or that suitable employment has been secured in advance by the board of parole. Each person paroled or discharged from said institution shall be given, if the superintendent shall deem it best, suitable clothing, transportation expenses and not more than five dollars. Authority is conferred on said board of parole to establish such rules and regula- tions as it may deem necessary, setting forth the conditions upon which inmates may be discharged upon parole, and to enforce such rules and regulations and provide suitable supervision by agents of the institution. 1918, S. 1728, 1731 Sec. 1802. Paroled inmates. While upon parole, each inmate of said institution shall remain in the legal custody and under the control of the board of directors and subject at any time to be taken back to said institution for any reason that shall seem sufficient to said board. Whenever any paroled inmate of said institution shall violate her parole and be returned to the institution, she may be required to serve the unexpired portion of the term of her maximum sentence, including the time she was out on parole or any part thereof, in the discretion of the board of directors, or she may be paroled again if said board of parole so decide. The request of said board of directors or of any per- son authorized by the rules of said board shall be sufficient warrant to authorize any officer of said institution or any officer authorized by law to serve criminal process within this state to return any inmate on parole into actual custody: and police officers, constables and sher- iffs shall arrest and hold any paroled inmate when so requested, with- out any written warrant and, for the performance of such duty, the offi- cer performing the same, except officers of said institution, shall be paid by the board of directors of said institution out of the institution funds such reasonable compensation as is provided by law for similar services in other cases. If it shall appear to said board that any in- mate on parole, although not having completed her maximum term, has maintained a satisfactory parole record and will continue to lead an orderly life if discharged, said board, by unanimous vote of all the members present at any stated meeting thereof, may discharge such in- mate from said institution. 1918, S. 1729 1919, C. 135 1923, C. 76 Sec. 1803. Escape of inmate. Any woman who shall have escaped from The Connecticut State Farm for Women may, whether the limit of her original sentence shall have expired or not, be arrested and de- tained without warrant, by any officer authorized to serve criminal process, for a reasonable time, to enable the superintendent or a direc- tor of said farm, or a person authorized in writing by the superin- tendent of said farm or said directors and provided with the mittimus by which such woman was committed, or with a certified copy thereof, to take such woman for the purpose of returning her to said institu- tion; but, during such detention, she shall not be committed to jail, and the officer arresting her shall be paid by the state a reasonable compensation for her arrest and keeping. Any woman lawfully com- mitted to said institution who shall escape therefrom or from any keeper or officer having her in charge or from her place of work while engaged in working outside the walls of said institution shall be re- tunied to said institution when arrested and may be disciplined in such manner as the board of directors may determine and may be im- prisoned in said institution for not more than one year from the ex- piration of the term for which she was originally committed. The provisions of section 1802 relating to the arrest and return of paroled inmates shall apply to the arrest and return of escaped inmates, and the provisions of chapter 337 shall apply to such inmates as shall have escaped and become fugitives from justice. Prosecutions under this SOCIAL WELFARE LAWS OF CONNECTICUT 141 section may be instituted in the county of New London or in any county in which such woman may be arrested. Sec. 1804. Transfers to penal and other institutions. The board of directors may transfer to the State Prison for Women, or to the jail of the county from which she was sentenced, any inmate of said in- stitution who shall appear to said board to be incorrigible, or whose presence in said institution may be seriously detrimental to its well- being; provided such inmate might have been originally so committed; subject to be returned upon requisition of the board of directors. The directors may transfer to any other appropriate state institution any inmate whose welfare the board, after careful study and examination of her case, shall decide may be best cared for at such other institu- tion. Whenever any inmate of said institution shall be, in the judg- ment of the board of directors, in need of special medical attention, such inmate may be transferred to a hospital or other appropriate state institution, subject to return upon requisition of the board of directors. The board of directors may transfer to one of the state hospitals for mental illness any inmate of said institution who may be mentally ill, but no inmate of said institution shall be transferred ex- cept upon the written certificate of two competent physicians not con- nected with the institution to the effect that such inmate has become mentally ill, and any inmate declared to be mentally ill shall have a right of appeal to the superior court for the county in which said in- stitution is located, from the order of transfer. Upon the written cer- tification of the superintendent of such hospital for mental illness that an inmate transferred has become cured of her mental illness, the di- rectors shall, by requisition, require the return of such inmate to said institution. 1918, S. 1730 See Sec. 1880 Sec. 1805. Children under two years of age. If any woman com- mitted to said institution is, at the time of her commitment, the mother of a child under one year of age, such woman may retain such child in said institution until it shall attain the age of two years, when it shall be removed therefrom. The board of directors may cause such child to be placed in an asylum for children in this state and pay for the care and maintenance of such child therein at the rate fixed by law until the mother of such child shall be discharged, or may commit such child to the care and custody of some relative or suitable person will- ing to assume such care, and pay for such child at the same rate, if deemed necessary. Any child of a woman committed to said institu- tion which is over one year of age at the time of its mother’s commit- ment, and which might otherwise be left without suitable care or guardianship, shall be committed by the trial court, upon the same terms as to payment as herein provided, to such asylum for children as may be provided by law in this state for such purpose, or to the care and custody of some relative or suitable person willing to assume such care. If a child be born to any woman while an inmate of said institution, such child may be retained in said institution until it shall be two years of age, when it shall be removed therefrom. The board of directors may cause such child to be placed in an asylum for children in this state and pay for the care and maintenance of such child therein at the rate fixed by law, until the mother of such child shall have been discharged, or may commit such child to the care and custody of some relative or suitable person willing to assume such care, and pay for such child at the same rate, if deemed necessary. 1918, S. 1732 Sec. 1806 amended by Sec. 582e. Public welfare council; State Farm for Women, authority. The public welfare council shall have, with reference to said institution, the same authority that is conferred upon said board by sections 713c, 714c and 716c with reference to the State Prison. 1918, S. 1733; 1930 1937, S. 372d 142 SOCIAL WELFARE LAWS OF CONNECTICUT 1931 Sec. 684c. Transfers to and from the State Prison for Women. The directors of The Connecticut State Farm for Women are authorized to set apart such unused portion of the State Prison for Women as they may deem advisable as an addition to said farm for the temporary confinement of inmates and to use the same for such purpose. Said directors may transfer to said farm any inmate of the State Prison for Women who, in their judgment, would be benefited by the training provided at said farm, there to serve the remainder of her prison sen- tence. The commutation of the sentence of such prisoner or the parole of such prisoner shall be subject to the provisions of the statutes ap- plicable to prisoners at the State Prison. Said directors may return such prisoner to the State Prison for Women at any time they shall deem it advisable. Said directors may temporarily remove to any place within the limits of said farm any prisoner from the State Pri- son for Women, for religious, medical or social purposes. 1931 Sec. 685c. Recommitment of mentally defective. Said directors may cause an application for recommitment of any inmate of The Con- necticut State Farm for Women found to be mentally defective to be made to the probate court in the district in which such inmate re- sided at the time of her commitment, and, if such application shall be granted, said directors shall continue to confine such inmate in accord- ance with the provisions of the statutes applicable to persons com- mitted to The Connecticut State Farm for Women. Long Lane School 1943 Sec. 373g. The name of Long Lane Farm, a state institution at Middletown, is changed to “Long Lane School.” 1918, S. 1820 1921, C. 402, S. 3 See Sec. 184 Sec. 1807. Directors; appointment; term. Long Lane School shall x’emain as established. The government and control of said school shall be vested in a board of nine directors. The governor shall, an- nually, appoint three directors, who shall hold office for the term of three years from the first day of July in the year of their appointment and until their successors shall be appointed. The govexmor shall fill any vacancy that may occur for the unexpired portion of the term and may remove any director for cause. The directors shall receive no compensation for their services. 1918, S. 1822, 1928 1921, C. 402, S. 2 Sec. 1808. Guardian of inmates. Said school shall have the cus- tody and guai’dianship of the person of any inmate committed by any court of the state and of any girl who may become an inmate at said school with the consent of the directors. Such guardianship shall su- persede any other guardianship of the person during the period when such person shall be in the custody of said school. Said school shall be the guardian of any estate that may be acquired by the personal services of any girl while under its guai’dianship and control. 1921, C. 402, S. 4 Sec. 1809. Duties of directors. The board of directors shall adopt rules for the management of said school; shall appoint a superintend- ent, not of their number, and such other officers as they may deem necessary, whom they may remove for cause; shall prescribe the du- ties and compensation of such officers; shall certify all claims and ac- counts against said school; shall appoint as treasurer a member of said board, who shall give a bond to the state in such sum, not less than five thousand dollars, as said directors shall require, conditioned for the faithful performance of his duties. Said board shall annually report, under oath, to the governor, the general and financial con- dition of said school, with such recommendations as it may desire to make. SOCIAL WELFARE LAWS OF CONNECTICUT 143 Sec. 1810. Directors to invest donation fund. The directors of Long Lane School are authorized to invest the donation fund held by said institution in accordance with the provisisions of the statutes relating to the investment of trust funds and, for such purpose, may accept, execute and deliver transfers and conveyances of real and personal property in the name of the state, for the use and benefit of said school. 1923, C. 38 Sec. 1811. Superintendent. The superintendent shall be a woman, who shall have the charge and custody of the inmates and property at said school under the supervision of the board of directors. She shall keep accounts of all receipts and expenditures in such manner as the directors may require; shall hold all books and papers open to their inspection and, before entering upon the duties of her office, shall give a bond to the state in such sum, not less than five thousand dollars, as the board of directors shall require, conditioned for the faithful performance of her duties. She shall, subject to the approval of the board of directors, determine the number of, select, appoint and assign duties of, all subordinate officers of said school, who shall be women, as far as practicable, and shall be sworn to the faithful performance of their duties. She may remove any officer appointed by her for cause. She shall render account of all receipts and expenses of said school on the thirtieth day of June in each year to the comptroller, such ac- count having been first examined and approved by the directors. 1921, C. 402, S. 5, 6 Sec. 1812 as amended by Sec. 583e. Commitment. When any girl under the age of sixteen years shall have been adjudged delinquent by a juvenile court, she may be committed to Long Lane School or to the custody of any institution chartered by the general assembly or incor- porated under the general laws for the purpose of receiving and car- ing for delinquent girls, which institution has been approved by the public welfare council. The provisions of section 1819 and 688c shall apply to the institutions described in this section, other than Long Lane School. 1918, S. 1822 1921, C. 90, S. 2, C. 356, S. 5 1927, C. 260 1930 1933, S. 686c 1937, S. 373d Sec. 1813. Transfer of inmates. The board of directors may trans- fer to any other appropriate state institution, with the consent of the governing officials thereof, any inmate whose welfare the board shall decide, after study and examination of such case, may be best cared for at such other institution. Whenever any inmate shall be, in the judgment of said board, in need of special medical attention, such in- mate may be transferred to a hospital or other appropriate state in- stitution with the consent of the governing officials thereof, subject to return upon requisition of said board. Said board may transfer to one of the state hospitals for mental illness any inmate who may be men- tally ill, but no inmate shall be transferred except upon the written certificate of two competent physicians not connected with the school to the effect that such inmate has become mentally ill, and any inmate declared to be mentally ill shall have a right of appeal to the superior court for the county in which said school is located, from the order of transfer. Upon the written certification of the superintendent of such hospital for mental illness that an inmate transferred has recovered her mental health, the directors shall, by requisition, require the re- turn of such inmate to said school. 1918, S. 1826 1921, C. 402, S. 8 See Sec. 1880 Sec. 1814. Discharge of inmates. The directors, or a majority of them, by action taken at a meeting or by a writing signed by them, upon recommendation by the superintendent, may discharge from said school and return to her parents or guardian, or to the selectmen of the town of her residence, any girl who, ia their judgment, ought not to be retained at said school. 1918, S. 1825 1921, C. 402, S. 9 Sec. 1812. Cited. 115 C. 596. 144 SOCIAL WELFARE LAWS OF CONNECTICUT 1921, C. 356, S. 7 Sec. 1815. Employment outside of institution. When any girl com- mitted to said school, shall have improved in knowledge and behavior sufficiently, in the opinion of the directors of said school, to qualify her for useful employment elsewhere, they shall, as soon as possible, place her in a suitable home, with relatives or others, and cause her to be further instructed and regularly employed in some trade or useful oc- cupation, suited to her age and capacity, until she shall become twenty- one years of age. 1921, C. 356, S. 6 C. 402, S. 10 Sec. 1816. Parole. The directors, or a majority of them, by action taken at a meeting or by a writing signed by them, may, upon recom- mendation by the superintendent, release any girl upon parole. While upon parole, such inmate shall remain in the legal custody and under the control of the directors and shall be subject at any time to be taken back to the school for any reason that shall seem sufficient to the directors. The request of the directors or of any person author- ized by them shall be sufficient to warrant any officer of the school or any officer of the law authorized to serve criminal process in this state to return to the school any such inmate. 1918, S. 1774 See 1930, S. 1800, 1898, and 1899. 1930, S. 1817 1937, S. 374q Sec. 1817 as amended by Sec. 584e. Commitment of girls over six- teen. Any unmarried female between the ages of sixteen and twenty- one years who is in manifest danger of falling into habits of vice, or who is leading a vicious life, may, upon complaint of a grand juror or of the prosecuting attorney of any town, city or borough court, be brought before a justice of the peace, or the town, city or borough court within whose jurisdiction she may reside or be found, and, upon conviction thereof, may be committed, until she shall have arrived at the age of twenty-one years, to the custody of any institution, except Long Lane School, chartered by the general assembly or incorporated under the general laws for the purpose of receiving and caring for females who have fallen into, or are in danger of falling into, vicious habits, which institution has been approved by the public welfare coun- cil. 1918, S. 1876 Sec. 1818. Female attendants. Whenever any female shall be com- mitted to Long Lane School, the House of the Good Shepard, the Flor- ence Crittenden Mission of New Haven, Incorporated, or any other cor- rectional or reformatory institution for girls or women in this state, not including the county jails, the court making such commitment shall, unless such female is to be accompanied by a member of her own family, direct that some responsible adult female shall accompany her. The necessary expenses and the compensation, if any shall be required, for such female attendant shall be taxed and allowed by the court as costs in such action. Sec. 1819. Parole. Discharge. Transfer. The trustees or directors of such institutions as are described in section!817 may parole girls committed thereto for terms not exceeding the terms of their respec- tive commitments; and such trustees or directors may discharge from such institution and return to her parents or guardian, or to the select- men of the town, any girl who, in their Judgment, ought not to be retained. Such trustees or directors, with the advice and approval of the governor, may discharge from such institutions and transfer to the Mansfield State Training School and Hospital any girl who, in their judgment, is a proper subject for said school, and the superintendent thereof shall receive and care for such girl the same as though she had been regularly committed thereto. The cost of maintenance of each such girl shall be calculated and paid as provided in section 1780.* 1918, S. 1775, 1776, 1779 1925, C. 16 See Sec. 1880 •See Sec. S83e. SOCIAL WELFARE LAWS OF CONNECTICUT 145 Sec. 585e. Support at House of the Good Shepherd. Upon the cer- tification of the commissioner of welfare there shall be taxed monthly by the comptroller not to exceed six and one-half dollars per week for the necessary expense for each girl committed to the House of the Good Shepherd in Hartford, while she is under its guardianship and control, either at its home or at an outside hospital or other suitable place provided for any girl who, after being placed out, becomes an unfit subject for said school. 1933, S. 687c Sec, 1820 as amended by Sec. 688c. Fees. The fees for commit- ments under section 1817 shall be taxed and paid as provided in section 1900 for commitments to the institutions mentioned therein.** 1918, S. 1778 1930 1933 See Sec. 1900 Institutions for Men and Boys Connecticut Reformatory Sec. 1821 as amended by Sec. 374g. Directors; appointment. There shall be seven directors of the Connecticut Reformatory, who shall be appointed by the governor with the advice and consent of the senate. During the regular session of the general assembly of 1943, two of said directors, in addition to the two appointed under the provisions of said section 1821 prior to the passage of this act, shall be appointed for four years from the first day of July following their appointment, and during the regular session of 1945, three of said directors shall be appointed for four years from the first day of July following their appointment. Each of the directors of said reformatory in office at the time of the passage of this act shall hold office until the expiration of the term for which he was appointed. The appointments shall, so far as practicable, be of a non-partisan character. The governor may fill any vacancy which may occur when the general assembly is not in session until the next regular session, and shall have power to remove any of said directors for cause. Effective June 29, 1943. 1918, S. 1830, 1831 1943 See Sec. 184 Sec. 1822 as amended by Sec. 689c. Definition. The term “inmates”, as used in this part, shall include persons sentenced or transferred to the reformatory until released from its control, including persons on parole. 1918, S. 1852 1930 1933 Sec. 1823. Directors; powers and duties. The directors shall have the power necessary to carry out the intent of this part. They shall not be liable to be sued personally for any act done or ordered by them in good faith as such directors. They shall at all times have access to any part of the reformatory and to the inmates and to the accounts of the institution; shall make all necessary rules for the proper dis- cipline, instruction and labor of the inmates; shall prescribe the duties of its officers and shall collectively attend twice in each quarter at the reformatory. They shall report annually to the governor the condition of said reformatory, with suggestions as to the criminal laws and the laws relating to said institution, and a copy of such report shall be sent to the secretary of each state of the United States. 1918, S. 1832, 1852 Sec. 597e. Care and segregation of defective delinquents and vi- cious feeble-minded persons. The term “defective delinquent”, as here- in used, shall mean any person who is found to be of defective men- tality but not mentally ill and who has committed a criminal act. The term “vicious feeble-minded”, as herein used, shall mean any person who is found to be feeble-minded and of vicious tendencies. There 1939 **See Sec. S84e. Sec. 1822. Cited. 116 C. 139. 146 SOCIAL WELFARE LAWS OF CONNECTICUT shall be established at the Connecticut Reformatory a department for the care of male defective delinquents and male vicious feeble-minded and at the Connecticut State Farm for Women a department for the care of female defective delinquents and female vicious feeble-minded. Such department shall be known, respectively, as “The Department for Defective Delinquents of the Connecticut Reformatory” and “The De- partment for Defective Delinquents of the Connecticut State Farm for Women.” When either of such departments shall be ready to receive such persons, the directors thereof shall notify the governor of that fact, and when the governor shall have received such notice he shall issue a public proclamation that such department is ready to receive persons committed under this provision of this act. The prosecuting officer of any court having criminal jurisdiction may bring his com- plaint to such court alleging that the person named therein is a defec- tive delinquent or vicious feeble-minded person, and such court shall thereupon make such order as to notice of such complaint and a hear- ing thereon as it shall deem advisable and may, upon the bringing of such complaint, issue its warrant for the arrest of the person named therein. If such application shall be made to a justice of the peace, he shall, at such hearing, inquire whether or not there is probable cause to believe that such person is a defective delinquent or vicious feeble- minded person and, if he shall find such cause, shall bind over such person to the same court in the same manner as though he were charged with the commission of a crime, the penalty for which is be- yond the jurisdiction of a justice court. Before proceeding to a hear- ing, the justice of the peace before whom such an application is pend- ing may, and any other court shall, appoint one or more reputable phy- sicians licensed to practice medicine within this state who shall at- tend at such hearing to testify as to the mental condition of such per- son. If the court, upon such hearing, shall be of the opinion that such person is a defective delinquent or vicious feeble-minded person, it shall forthwith commit him to said department for defective delin- quents of the Connecticut Reformatory or to said department for de- fective delinquents of the Connecticut State Farm for Women, as the case may be. If the court, upon such hearing, shall be of the opinion that, in lieu of such commitment, such person should be subjected to observation for a limited period for the better determination of his mental condition, it may commit such person to said department of the Connecticut Reformatory or to said department of the Connecticut State Farm for Women, as the case may be, for observation and ex- amination for a period not to exceed six months. During such time the case shall be carried upon the docket of the court and, at a term or session before the expiration of such period, such person shall again be presented in court with a report of the results of such exam- ination and observation and the court shall then proceed to a final disposition of the case. Such presentation shall be made upon the written order of the committing court by the sheriff of the county in which the committing court is located or by his deputy when the commitment has been made by the superior court or by a court of common pleas, and by the chief of police of the city or town in which the commiting court is located or by his deputy when the commitment has been made by a police, city, town or borough court, and the offi- cer making such presentation shall deliver a copy of such order to the superintendent of said department of the Connecticut Reformatory or to said department of the Connecticut State Farm for Women, as the case may be, upon the surrender of such person to such officer. An appeal may be taken from any order of commitment to the same court and in the same manner as though such person had been accused and found guilty of a crime and sentence had been imposed. All commit- ments under this act shall be upon uniform mittimus blanks in the form approved by the attorney general. Copies of such blanks shall be printed and distributed by the comptroller. Such mittimus shall be SOCIAL WELFARE LAWS OF CONNECTICUT 147 served by some officer authorized to serve criminal process who shall make return to the court committing such person of his doings there- on. Fees shall be allowed and costs taxed in any proceeding under this act to the same extent and in the same amounts as in criminal prosecutions. To each physician appointed under the terms of this act there shall be allowed and taxed in the costs a reasonable compensa- tion for his services. Each male person committed under this act shall remain in the custody of the superintendent of said reformatory and each female person so committed shall remain in the custody of the superintendent of said state farm for women until, in the opinion of the superintendent of the institution concerned, the safety of the community and the welfare of the individual will not be jeopardized by his or her release. Before such release, the superintendent of the in- stitution concerned shall notify the committing court of his or her intention to release such person. Such release shall be conditional for a period of at least one year. During such conditional release, such person shall remain in the legal custody and under the control of such superintendent under such rules as may be established by the directors of said reformatory or of said farm for women, as the case may be, and shall be subject to be taken back at any time within said department of the Connecticut Reformatory or said department of the state farm for women, as the case may be, for any reason which such superintendent shall deem sufficient and the request of the superintend- ent shall be sufficient warrant to authorize any officer of said reform- atory or of said farm for women or any officer authorized by law to serve criminal process to return such person into his or her actual custody. If, after one year’s conditional release, such superintendent shall deem it advisable, such person shall receive a complete discharge signed by such superintendent. Male inmates of any state hospital for mental defectives, the Connecticut School for Boys or the Connecticut Reformatory may be committed to said department of the Connec- ticut Reformatory and female inmates of Long Lane School or the Connecticut State Farm for Women may be committed to said de- partment of said state farm for women in the manner hereinafter set forth. When, in the opinion of the physician of any of said institu- tions certified in writing to the superintendent thereof, any inmate thereof is a defective delinquent or vicious feeble-minded person, such superintendent shall bring his complaint alleging such fact to any court in the county in which such institution is located which has juris- diction to commit persons to said department of said Connecticut Re- formatory or to said department of said state farm for women, and such court shall thereupon proceed as though such complaint had been brought to such court by its prosecuting officer relating to a person not sentenced or committed, and a commitment in such proceedings shall have the same effect as a commitment in proceedings on com- plaint of such prosecuting officer and shall terminate any previous sentence or commitment. If the court shall find that such inmate is not a defective delinquent or vicious feeble-minded person, it shall re- turn such inmate to such institution to serve the remainder of the term for which he or she was sentenced or committed. Any person com- mitted under this act or any relative, friend or person interested in his welfare may bring an application to the superior court for the county of New Haven alleging that the person so committed is unjustly deprived of his liberty and asking for his release. Said court shall make such order of notice thereof as it shall deem advisable, including therein an order of notice to the prosecuting officer of the court by which such person was committed and shall not proceed to dispose of such application until such officer has had a reasonable opportunity to appear and oppose such application. Said court may, if it shall deem advisable, appoint a commission of two or more persons to in- vestigate the circumstances of the case. Such commission shall have authority to and shall visit said department of said Connecticut Re- 148 SOCIAL WELFARE LAWS OF CONNECTICUT formatory or said department of said Connecticut State Farm for Women, as the case may be, interview such person in private and carefully examine the records of the case, and the report of such com- mission, either in person at a hearing upon such application or in writing, shall be evidence admissible at the hearing on such applica- tion to prove the facts therein contained. Upon such application, said court, if it shall find that such person has been unjustly deprived of his liberty may order his discharge and may tax costs therein, including a reasonable fee to the members of such commission and, if the ac- cused shall not be able to defray the expenses of such proceeding, it may include the same in such costs, and it may tax the whole or any part thereof against the state as in criminal cases. Subject to the provisions of chapter 105a of the 1937 supplement to the general stat- utes, the superintendent of said reformatory and the superintendent of said farm for women may each appoint a medical director for the department. The superintendent, officers and board of directors of said reformatory and said farm for women are, respectively, given the same powers and duties as to said departments, and the inmates there- of, as they, respectively, possess at the time of the passage of this act, when such powers and duties are not contrary to the provisions of this act, and all general statutes applying to said reformatory and to said farm for women shall apply to these departments when not contrary to the provisions of this act. This act shall take effect from its pas- sage. 1921, C. 362, S. 1, 2, 3 1930 1937, S. 37Sd Sec. 1825 as amended by Sec. 586e. Industrial fund. The directors of the Connecticut Reformatory shall use the industrial fund as a re- volving fund in the establishment and continuance of such industries as they may direct and for the purchase of manufacturing materials and equipment; provided no single article of equipment at a cost of more than two thousand dollars shall be purchased from this fund with- out the approval of the commissioner of finance and control. Claims against the state in behalf of said reformatory shall be paid by order of the comptroller drawn against said fund. The proceeds of all sales resulting from such industries shall be paid into the state treasury and credited to said fund. At the end of each fiscal period, any balance in excess of one hundred thousand dollars, as shown by the inventory of manufactured articles, material on hand or in process of being man- ufactured, bills receivable and cash balance, shall revert to the state treasury. 1918, S. 1834 Sec. 1826. Superintendent and other officers. The directors shall appoint and remove at pleasure a superintendent of said reformatory, who, before entering upon the duties of his office, shall execute a bond to the state in the sum of five thousand dollars and shall be sworn to a faithful performance of his duties, and a chaplain and a physician of said reformatory, each to receive such compensation as shall be fixed by the directors: and shall also appoint, in writing, on the nomination of the superintendent, all the subordinate officers of said reformatory, who shall be sworn before one of the directors to a faithful perform- ance of their duties. The superintendent alone may remove any officer nominated by him. The clerk of said reformatory shall execute a bond to the state in the sum of five thousand dollars. 1918, S. 1835 Sec. 1827. Superintendent; powers and duties. The superintendent shall manage said reformatory, subject to the rules of the directors and their written orders. He shall keep the inmates employed in such manner as to provide, so far as may be, for their support, for their re- covery from evil habits and for the formation by them of the ability and disposition to support themselves and those dependent upon them, and shall, under the supervision of the directors, establish and enforce such system of rewards and penalties as shall appear best fitted to accomplish these results. He shall provide for the inmates suitable SOCIAL WELFARE LAWS OF CONNECTICUT 149 food and clothing, and proper implements and materials for their work; shall provide for the relief of any sick or infirm inmates; shall supervise the labor and conduct of the inmates; shall act as general agent of the reformatory in the purchases and sales therefor; shall keep accurate accounts and render the same to the directors at their stated meetings, and shall furnish to said directors when requested any information in his knowledge respecting the reformatory; and may, in his own name, as superintendent, sue on any contract made by him in the business of said reformatory. Sec. 1828. Officers; rules; fines; suits. The superintendent shall make proper regulations for the government and punishment of the officers and overseers of said reformatory, but no punishment shall be inflicted except a fine not exceeding three months’ wages and the for- feiture of the clothing supplied to them by the state; and shall make regulations relative to persons admitted within or found lurking with- out the reformatory yard and enforce the same by apprehending offen- ders and placing them under guard or excluding them from the en- virons of the institution, or, in case of obstinacy or apparent design to assist the inmates to escape, by confining them for not longer than twenty-four hours in any suitable apartment of the reformatory, except the cells, until other disposition of them can be made. The superin- tendent and the officers and guards under his command shall not be liable for imprisonment in any civil suit; but when any just claim, to the amount of fifty dollars, against the superintendent, the chaplain or the physician shall not be paid on demand, the directors shall dis- charge him; and when any such claim against any officer or guard shall not be so paid, the superintendent shall discharge him as soon as the safety of the reformatory will permit. 1918, S. 1836 Sec. 1829 as amended by Sec. 587e. Public welfare council; Con- necticut Reformatory, authority. The public welfare council shall have, with reference to the reformatory, the same authority that is conferred upon said department by sections 713c and 714c. 1918, S. 1837 1930, S. 1829 1937, S. 376d Sec. 1830 as amended by Sec. 375g. Commitments; uniform forms. Male persons between the ages of sixteen and twenty-five years who are convicted of offenses for which they may be punished by imprison- ment for a shorter period than life, either in the state prison or in a jail, may be committed to the reformatory if they seem to the trial court to be amenable to reformatory methods; but no justice of the peace shall commit any offender to the state reformatory. The judge imposing a reformatory sentence may fix the term for which any of- fender may be imprisoned in the reformatory, or he may impose a sentence of imprisonment in the reformatory without specifying the term of imprisonment. Uniform forms of warrants of commitment to the Connecticut Reformatory shall be used by all courts making com- mitments thereto, which forms shall be prepared by the attorney gen- eral and printed and furnished by the reformatory. Effective June 29, 1943. See Appendix (XXXVII). 1918, S. 1838, 1839 1919, C. 80, C. 262, S. 1, 7 1943 See Sec. 1897 Sec. 1831 as amended by Sec. 376g. Detention for offense punish- able by prison or jail sentence. Any offender sentenced to the reform- atory by a superior court, when no term of imprisonment has been fixed by the judge imposing such sentence, for an offense punishable by imprisonment in the State Prison, may be detained in the reforma- tory not more than five years.*** Any offender sentenced to the re- formatory, when no term of imprisonment has been fixed by the judge imposing such sentence, for an offense for which the maximum punish- 1918, S. 1838 1919, C. 80, C. 262, S. 2, 3 1943 Sec. 1830. Finding of superior court of age of defendant cannot be attacked in a habeas corpus action. 100 C. 503. Application to city courts having special charter provisions as to jurisdiction. 95 C. 601. Sec. 1830. Cited. 115 C. 596. 116 C. 142. Sec. 1831, Cited. 116 C. 138. 150 SOCIAL WELFARE LAWS OF CONNECTICUT ment is a sentence to jail, with or without a fine, may be detained in the reformatory not more than two years. Effective July 6, 1943. 1918, S. 1838 1919, C. 80, C. 262, S. 4 1943 Sec. 1832 as amended by Sec. 377g. What courts may sentence to reformatory. Any municipal court, or the court of common pleas may sentence offenders to the reformatory. Any offenders so sentenced may be detained in the reformatory not more than two years, unless the sentence of the court in any particular case shall be for a lesser term. The limit of jurisdiction of the courts named in this section shall be for offenses, the punishment for which shall be a fine of not more than one thousand dollars or imprisonment in the State Prison for not more than five years or both. An appeal may be taken by the accused within forty-eight hours from the time of sentence, from a judgment so imposed by a municipal court, as is provided by law in other criminal cases. Effective June 28, 1943. See Appendix (XXXVII). 1943 Sec. 378g. Transfers from county jails to the Connecticut Reforma- tory. In addition to the persons who may be committed to the Con- necticut Reformatory under any other provision of law, the sheriff of any county may, upon the written approval, in each case, of a judge of either the superior court or the court of common pleas, or the judge of any municipal court who has committed such person, transfer any inmate or inmates of the county jail in such county to the reforma- tory, there to be confined under the rules and regulations of said re- formatory and to serve the unexpired portion of any sentence imposed by a court of competent jurisdiction. Effective July 6, 1943. 1943 Sec. 379g. Segregation of persons transferred from jails. Such structural changes shall be made in and to the reformatory plant and property that persons committed to said reformatory in the first in- stance by any municipal court, the court of common pleas or the supe- rior court shall be segregated from those persons who may be trans- ferred to said reformatory from county jails, and shall receive ade- quate medical and psychiatric care. Effective July 6, 1943. 1918, S. 1838 1919, C. 80. C. 262, S. 5 Sec. 1833. Transfer from Connecticut School for Boys. Inmates of the Connecticut School for Boys, between the ages of fourteen and twenty-one years, whom the trustees of said institution desire to have transferred to the reformatory and whom the directors of the reforma- tory are willing to receive, may be so transferred. Offenders of this class may be detained at the reformatory for the same period for which, except for their transference to said reformatory, they could have been held at said school for boys. See Sec. 1880 1918, S. 1838 1919, C. 80, C. 262, S. 6 Sec. 1834. Supplementary penalty not to be imposed. When a per- son shall be sentenced to the reformatory for an offense for which a fine is provided by law as a supplementary penalty, the trial court shall impose no such supplementary penalty. 1918, S. 1846 Sec. 1835. Warrant of commitment, execution. Any proper officer having a warrant for the commitment of any person to said reforma- tory shall execute the same by delivering such person and warrant to the superintendent of said reformatory, or his agent, at the reforma- tory, within one week after sentence is imposed. Such officer shall re- ceive for transportation of such person twenty-five cents per mile, to be taxed and paid in the same manner as other costs in criminal cases. 1918, S. 1840, 1841, 1842 1921, C. 134 Sec. 1836. Parole; violation. Discharge of paroled prisoner. Any inmate of the reformatory may be paroled in the discretion of a ma- jority of the board of directors of said reformatory and the superin- tendent thereof, acting as a reformatory board of parole, under such Sec. 1836. Cited. 116 C. 142, 143. SOCIAL WELFARE LAWS OF CONNECTICUT 151 rules and regulations as it may establish. While upon parole, such inmate shall remain in the legal custody and under the control of the reformatory board of parole and may at any time be taken back to the reformatory for any reason that shall seem sufficient to said board. The request of said reformatory board of parole, or of any person authorized by the rules of said board, shall be sufficient warrant to authorize any officer of said reformatory, or any officer authorized by law to serve criminal process within this state, to return any inmate on parole into actual custody; and the police officers, constables and sheriffs shall arrest and hold any paroled inmate when so requested, without any written warrant; and, for the performance of said duty, the officer, except officers of said reformatory, shall be paid by the directors out of the reformatory funds such compensation as is pro- vided by law for similar services in other cases. Any paroled inmate who shall b© returned to said reformatory for violation of his parole may be detained in said reformatory for a period equal to the unex- pired portion of the term of his sentence at the date of his release on parole or may again be paroled by said board. If it shall appear to said board that any inmate on pardle will continue to lead an orderly life, said board, by a unanimous vote of all the members present at any stated meeting thereof, may declare such inmate discharged from said reformatory, and shall deliver to him a written certificate to that effect under the seal of said board and signed by its secretary and the super- intendent. Sec. 1837. Transfers to the Connecticut Junior Republic. The directors of the Connecticut Reformatory are authorized to transfer, upon such terms as they deem proper, any inmate of the reformatory who in their opinion will be benefited by such transfer, to the Con- necticut Junior Republic at Litchfield; but such republic may refuse to receive such inmate. The Connecticut Reformatory shall pay to said republic the sum of four dollars per week for each person so transferred as long as he shall continue to reside at said republic. 1918, S. 1833 See Sec. 1880 Sec. 1838. Transfer to jail or prison. Any inmate of said reforma- tory who shall persistently refuse to obey the regulations of said in- stitution, and who shall appear to the directors to be incorrigible, may, upon the order of said directors, be transferred to the jail of the coun- ty from which he was sentenced, or to the State Prison, there to re- main not exceeding in all the term for which such person might other- wise have been detained at the reformatory; provided any person so transferred to a county jail shall remain subject to the control of said reformatory and any person transferred to the State Prison shall be subject to the control of the authorities of said prison. 1918, S. 1843 1921, C. 321 Sec. 1839. Aiding escape; penalty. Any person who shall effect, or attempt to effect, the escape of any prisoner legally confined in the re- formatory shall be imprisoned in the State Prison not more than five years. 1918, S. 1844 Sec. 1840. Escape from officer; penalty. Any person, in the cus- tody of any sheriff, deputy sheriff or other officer, for transportation to the reformatory, who shall escape or attempt to escape from the cus- tody of such officer, and any person legally confined in the reformatory, who shall escape or attempt to escape therefrom, or from the custody and control of the superintendent while outside of the bounds of the reformatory, shall be imprisoned in the State Prison for not more than ten years. The sentencing of a person under the provisions of this or the preceding section shall terminate his reformatory sentence and he shall be at once committed to the State Prison. 1918, S. 1845 Sec, 1838. This statute a valid one. The possibility of a transfer is an incident annexed to the sentence. The directors may authorize a transfer to take effect at the expiration of a prison sentence. 116 C. 139, 143. 152 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1847 Sec. 1841. Mentally ill inmates; transfer. Whenever, in the opin- ion of the physician of said reformatory, certified in writing to the superintendent of said institution, any inmate shall have become men- tally ill, the superintendent shall report the fact to the governor, and thereupon the governor shall issue an order to said superintendent or to any proper officer to take such inmate, with a certified copy of the record of his commitment to the reformatory, and deliver him and said record to the superintendent of one of the state hospitals for mental illness, there to be safely kept until the expiration of the term for which he was committed to said reformatory or until he shall have recovered his mental health. If, before the expiration of the term for which he was committed to the reformatory, he shall, in the opinion of the superintendent of said hospital, have recovered his reason, the governor shall issue an order to the superintendent of the reformatory or to any proper officer to take such inmate from the hospital and deliver him to the authorities of said reformatory. 1918, S. 1848 Sec. 1842. Detention of mentally ill after expiration of sentence. When any inmate shall have been, by order of the governor, transfer- red from the reformatory to one of the state hospitals for mental ill- ness and shall be confined in such hospital at the time of the expira- tion of the term of imprisonment for which he was committed to the reformatory and shall still be mentally ill, the superintendent shall certify such facts to the governor, who may issue an order for further detention in such hospital until such inmate shall have recovered his mental health, and the governor shall cause such order to be trans- mitted to said superintendent. The expense of such detention, sup- port and treatment shall be paid out of the estate of such person, if he have any estate; if he have no estate, it shall be paid by the town to which he belongs and, if he shall belong to no town in this state, it shall be paid by the state. When such person shall have fully regained his mental health, the superintendent of said hospital shall discharge him therefrom. 1918, S. 1849 Sec. 1843. Conveyance of articles to inmates. Any person, not au- thorized by law, who shall convey or pass, or cause to be conveyed or passed, into said reformatory or the grounds or buildings thereof any opium, cocaine, chloral, chloroform or other narcotic, or any intoxicat- ing liquors, or any firearm, weapon or explosive of any kind, or any rope or ladder or other instrument or device for use in making, at- tempting or aiding an escape, shall be fined not more than one thous- and dollars or imprisoned not more than five years or both. The un- authorized conveying or passing into said reformatory or the grounds or buildings thereof, of any rope, ladder or other instrument or device adapted for use in making or aiding an escape shall be presumptive evidence that it was so conveyed or passed for such use. Any un- authorized person who shall convey into said reformatory any letter or missive which is intended for any inmate, or who shall convey from within the inclosure to the Outside of said reformatory any letter or other missive written or given by any inmate, shall be fined not more than one hundred dollars or imprisoned not more than one year or both. Any person attempting to violate any provision of this section shall be subject to the penalty imposed for a violation thereof. Connecticut School for Boys 1941 Sec. 266f. Purpose. The Connecticut School for Boys shall remain as established, to provide training for socially-maladjusted boys and shall function both as an educational and as a child welfare institu- tion. SOCIAL WELFARE LAWS OF CONNECTICUT 153 Sec. 1844 as amended by Sec. 267f. Appointment and term of trus- tees. The government of said school shall be vested in a non-partisan board of seven members to be appointed by the governor with the ad- vice and consent of the senate. Two members of said board shall be appointed from Meriden or adjoining towns. During the regular ses- sion of 1941, and quadrennially thereafter, three trustees shall be ap- pointed for four years from the first day of July following their ap- pointment. During the regular session of 1943, and quadrennially thereafter, four trustees shall be appointed for four years from the first day of July following their appointment. The governor may fill any vacancy occurring when the general assembly is not in session and may remove any trustee for cause. The trustees shall serve without compensation. 1918, S. 1800, 1801 1930 1931,S. 691c 1941 Sec, 1845 as amended by Sec. 268f. Duties and powers of trustees. The board of trustees shall determine the policies of said school and shall adopt such rules and regulations as may be necessary for its management. It shall acquaint itself with the functions and objectives of a training school for socially-maladjusted boys, determine the ser- vices which are required to attain said objectives and provide same. The board shall have power to appoint a superintendent, to prescribe his duties, to recommend his compensation and to remove him for cause. Conformably with the merit system and upon recommendation of the superintendent, the board shall exercise similar authority toward all other employees. It shall have power to place a boy out- side said school at any time, in his own home or elsewhere, under supervision of its representatives and it may order the return of the boy from placement to said school at its discretion. The board shall also have power to discharge him permanently from the school’s care, either for the reason that the boy no longer requires such car© or be- cause he has become an unsuitable subject for the school’s program of treatment, in which latter case he shall have passed his sixteenth birthday. Said board shall report biennially to the governor concern- ing the affairs of the school and shall make recommendations for the improvement of its work. 1918, S. 1802 1941 Sec. 1846 as amended by Sec. 269f. Industrial fund. The trustees of the Connecticut School for Boys shall use the industrial fund as a revolving fund in the establishment and continuance of such indus- tries as they may direct and for the purchase of supplies and equip- ment. Claims against the state in behalf of said school shall be paid by order of the comptroller drawn against said fund. The proceeds of all sales resulting from such industries shall be paid into the state treasury and credited to said fund. At the end of each fiscal period, any balance in excess of twenty-five hundred dollars, as shown by the inventory of manufactured articles, material on hand or in pro- cess of manufacture, bills receivable and cash balance, shall revert to the state treasury. 1929, C. 44 1930 1937, S. 588e 1941 Sec. 1847 as amended by S c. 270f. Superintendent. The superin- tendent shall be qualified by a liberal background of education in the social sciences, shall have been engaged in educational or other work with children and shall have had successful administrative experi- ence within his professional field. He shall be the administrative head of the institution and shall be responsible for the organization of its work and for the direction and the coordination of its various activi- ties. He shall be responsible for the discipline of the boys and staff and for the maintenance of acceptable standards in the school’s pro- gram. He shall appoint all members of the staff, subject to the ap- proval of the board and in conformity with other laws of the state. The superintendent shall be responsible to the board of trustees for the preparation of the budget. 1918, S. 1804 1941 154 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1806 1921, C. 336, S. 1 C. 356, S. 2 1927, C. 260 1941 Sec. 1848 as amended by Sec. 271f. Admissions. Any boy under sixteen years of age, who, because of conduct or behavior problems, is found to be in need of its services, may be committed to the Connecti- cut School for Boys by any competent court. No court shall commit any boy who is suffering from, or who has recently been exposed to, any communicable disease, or any boy who, because of his mental or physical condition, cannot profit by the school’s program. All com- mitments shall be for the period of minority, subject to discharge by the board of trustees. When the number of boys in residence shall equal the stated capacity of the school, the president of the board shall give notice of the fact to all courts having power to commit and, there- after, no boy shall be sent to the Connecticut School for Boys by said courts until notice shall be given them by the president of the board that vacancies exist. 1918, S. 1818 1921, C. 374 1930 1937, S. S89e 1941 Sec. 1853 as amended by Sec. 272f. Agent; to supervise paroled boys. The trustees of the Connecticut School for Boys shall appoint an agent, not of their number, who, under their direction and super- vision, shall secure suitable homes and employment for boys released from said school on parole, shall investigate the condition and ability of parents and relatives who petition for the release of boys confined in the school and shall obtain, by personal visitation and investigation at least once every four months during their minority, reliable informa- tion concerning the conduct of the boys released on parole, the occu- pations they are pursuing and the suitableness of the homes in which they are living. The agent shall also perform such duties and assist in such work at the school, under the direction of the superintendent, as the trustees may deem necessary and advisable, to give him per- sonal acquaintance with the boys therein confined. Said agent shall immediately make a detailed written report to the superintendent of all his visitations, and the superintendent shall keep the same on file and lay it before the board of trustees at its regular meetings. The agent, whenever he shall find the conduct or home surroundings of any boy released on parole to be unsatisfactory, shall recommend to the trustees the return of the boy to the school or his removal to a more suitable home. He shall make, annually, a general report of the number and condition of all boys placed out from the school, which shall he published with the annual report of the trustees. The State Prison 1918 § 1928,’ 1929 Sec. 1971. Appointment and removal of directors. The land of the state, and its appurtenances, in Wethersfield, shall remain the State Prison. There shall be seven directors of the State Prison, who shall be appointed by the governor with the advice and consent of the sen- ate. During the regular session of the general assembly of 1931, and quadrennially thereafter, four of said directors shall be appointed for four years from the first day of July following their appointment, and during the regular session of the general assembly of 1933, and quad- rennially thereafter, three of said directors shall be appointed for four years from the first day of July following their appointment. The appointments made shall, so far as it is practicable, be of a non-parti- san character. The governor may fill any vacancy which may occur when the general assembly is not in session until its next regular ses- sion. The governor shall have power to remove any of the directors for cause. Sec. 1848. Statute constitutional. Court may take up the matter without formal complaint. 51 C. 472. Sec. 1848. Cited. 115 C. 596. SOCIAL WELFARE LAWS OF CONNECTICUT 155 Sec. 1973. Duties of directors. The directors shall at all times have free access to every part of the prison and to the prisoners, and to all the accounts of the warden; make all necessary rules for the govern- ment of the prison and the employment of the prisoners; collectively attend twice in each quarter at the prison and examine at each meet- ing into the condition of the prison and the prisoners. They shall re- port annually to the governor the condition of said prison, together with suggestions as to the criminal laws and the laws relating to said prison; and a copy of such report shall be sent to the secretary of each state of the United States. No director shall act as counsel for any prisoner applying for release. 1918, S. 1931 Sec 4)9g. Industrial fund for the State Prison, The directors of the St ax ’rison shall use the industrial fund for the State Prison and the State '’risen farm as a revolving fund for the maintenance and continuance of such industries as they may direct, for the purchase of supplies, stock, tools, machinery and other equipment and to pro- mote in any way the industrial activities at the State Prison and the State Prison farm. The proceeds from all sales resulting from such activities shall be paid to the state treasurer and credited to said fund. The governor, comptroller and commissioner of finance and control shall determine the amount to be invested in machinery and equipment, and shall determine at the end of each fiscal year the amount of cash working capital to be retained in said fund. All cash in excess of the amount so determined shall be transferred to the general fund of the state. The directors of the State Prison shall file a balance sheet and statement of operations with the comptroller at such times as he may order. A copy of such statement shall be filed with the auditors of public accounts. Effective June 28, 1943. 1943 Sec. 1467e. Disposition of person who becomes mentally ill after being sentenced to death. When any person detained at the State prison awaiting execution of a sentence of death shall appear to the warden thereof to be mentally ill, the warden may make application to the superior court for the county of Hartford having either civil or criminal jurisdiction or, if said court be not in session, to any judge of the superior court, and, after hearing upon such application, notice thereof having been given to the state’s attorney for the county where- in such person was convicted, said court or such judge may, if it ap- pears advisable, appoint three reputable physicians to examine as to the mental condition of the person so committed; and, upon return to said court or such judge of a certificate by such physicians, or a ma- jority of them, stating that such person is mentally ill, said court or such judge shall order the sentence of execution to be stayed and such person to be transferred to any state hospital for mental illness in this state for confinement, support and treatment until he shall recover his mental health, and shall cause a mittimus to be issued to the sheriff of Hartford county, or either of his deputies, for such commitment. If, at any time thereafter, the superintendent of the state hospital to which such person has been commited shall be of the opinion that he has re- covered his mental health, he shall so report to the state’s attorney for the county where in the conviction was had and such attorney shall thereupon make application to the superior court in such county having criminal jurisdiction, for the issuance of a warrant of execution for such sentence, and, if said court shall find that such person has re- covered his mental health, it shall cause a mittimus to, be issued for his return to the State Prison, there to be received and kept until a day designated in the mittimus for the infliction of the death penalty, and thereupon said penalty shall be inflicted, in accordance with the pro- visions of the statutes. 1939 156 SOCIAL WELFARE LAWS OF CONNECTICUT Board of Pardons 1918, S. 2012, 2013 Sec. 1997. How constituted; disqualification. Appointive members. The governor, a judge of the supreme court of errors to be designated for that purpose by the judges of that court, and four other persons, one of whom shall be a physician, shall constitute the board of pa Ions. If the judge so designated shall have tried or heard any case tha shall come before said board, or if any member of said board shah have formed an opinion in any matter that shall come before it, uei;' er such judge nor such member shall act concerning the same, but no member of said board shall be disqualified by reason of hav g • e- viously heard such case or having formed an opinion thereor s ny former application for pardon by the same applicant. Whene id board at any session shall find that any of its members, by r sou ol sickness or absence from the state, is unable to attend or is disquali- fied, the governor may appoint some person to fill such vacancy, and the person so appointed shall have the same power as any other mem- ber of said board during such absence, inability or disqualification. The governor shall biennially appoint two members of said board, with the advice and consent of the senate, who shall hold their offices for the term of four years from the first Monday of June next succeeding their appointment. Not more than two of the four members so ap- pointed shall belong to the same political party. Any vacancy which may occur when the general assembly is not in session may be filled by the governor until the second Wednesday of the succeeding session of the general assembly. 1918, S. 2014 1930 1931 1935 Sec. 1998 as amended by Sec. 787c. Jurisdiction, (a) Jurisdiction over the granting of, and the authority to grant, commutationr of pun- ishment or releases, conditioned or absolute, in the case of an/ person confined in the State Prison and commutations from the penalty of death, shall be vested in the board of pardons, (b) Said board shall have authority to grant pardons, conditioned or absolute, for any of- fense against the state at any time after the imposition and before or after the service of any sentence. No pardon shall restore the privil- eges of an elector to any person who shall have forfeited the same by reason of conviction of crime. See Appendix (XXX). 1918, S. 201S 1925, C. SO 1930 1937, S. 421d Sec. 1999 as amended by Sec. 639e. Sessions. Said board shall hold a session at Hartford or Wethersfield on the first Monday of May and of November in each year, and at such other times as shall be fixed by its rules, and it may hold a special session when and where occa- sion may require. All members of said board shall concur in order to make their judgment operative. Said board shall appoint a clerk and fix by rule the mode of procedure before it and the manner in which its judgment shall be carried into effect. 1918, S. 2016, 2017 Sec. 2000. Attendance of witnesses and sheriff. Said board shall have all the authority of the superior court to compel the attendance of witnesses duly summoned by the clerk of said board or other com- petent authority. The sheriff of Hartford County or his deputy shall attend the sessions of said board and shall receive therefor the fees provided for the sheriff’s attendance upon sessions of the superior court. 1918, S. 2018 Sec. 2001. Prisoners; attendance; expenses. The clerk of said board shall have power to issue process under his hand and the seal of said board to the warden of the State Prison, and to the jailers in the several counties of the state, commanding them to have before said board the bodies of the prisoners named in such process who are confined in said prison or in jail. The sums paid for witnesses and other necessary expenses authorized by said board shall be certified by the chairman of the board, and the comptroller shall draw his order on the treasurer for the same. SOCIAL WELFARE LAWS OF CONNECTICUT 157 Sec. 2004. Information about prisoner. Said board may institute tries by correspondence or otherwise as to the previous history or acter of any prisoner, and each prosecuting officer, judge, police ?r or other person shall give said board, upon request, such inform- al ion- as he may possess with reference to the habits, disposition, ■ T-eer and associates of any prisoner. 1918, S. 2022 Jails ’ :2005. Location. Definitions. There will be a jail in each of the following towns: New London, Norwich, Bridgeport, Danbury, B ;lyn, Litchfield, Haddam and Tolland, and one jail in each of the ' ies of Hartford and New Haven. Said jails are county work- s, and any county may build and maintain one or more other muses, and may purchase suitable land upon which to locate the The county commissioners may establish rules for the regula- ■i nd government of county workhouses, and shall direct as to the to be performed by the prisoners and the discipline to be en- f. c I. The term “jail”, as used hereafter in this chapter except in sc ' n 2015, shall mean jail or county workhouse; and the term :1 •” shall include the sheriff when acting as jailer or master of a /Mi ouse, or any deputy jailer, or any person under him in charge of a tail or workhouse. 1918, S. 1961, 1994, 2002, 2003, 2004, 2006 Sec. 2006. Sheriff to be jailer. Deputy jailer. Sheriffs shall have ‘ aarge and custody of the jails and county workhouses in their t 'suective counties, and shall be jailers of such jails and masters of .'ach workhouses, ex-officio. Sheriffs may appoint a deputy jailer or jailer and other officers and employees under them in their respective co t '; is, in jails and county workhouses, the number of such deputy jailers, officers and employees to be fixed and limited by the sheriffs in their respective counties; and the sheriffs shall be responsible for all damages that any person may sustain through the fault or negligence of any person so appointed by them. In case any sheriff shall not ap- point a deputy jailer or jailers, such sheriff shall be jailer with the powers and duties which belong to deputy jailers. 1918, S. 1962, 2005, 2006 Sec. 2007 as amended by Sec. 411g. Board of prisoners. Com- pensation, duties and bonds of jail employees. Compensation and du- ties of jailers. The county commissioners in their respective counties shall fix the sum to be received for boarding prisoners, not exceeding three dollars per week. The compensation of jailers and of the deputy jailer or deputy jailers and other officers and employees shall be fixed by the sheriffs in their respective counties, subject to the approval of the county meeting. The sheriff shall prescribe their respective duties and require them to give bonds with sureties to the acceptance of the county commissioners, payable to the county treasurers in their re- spective counties, for the faithful performance of their duties, such 1918, S. 1963 1919, C. 118 1943 Sec. 2005. Cited. 127 C. 57. Sec. 2006. Sheriff has control of jail, used as a workhouse, and of its officers. 25 C. 103. Commissioners have no power* of appointment. Ibid. Liability of sheriff is placed upon grounds of public policy. 5 D. 37. The voluntary return of a prisoner is equivalent to recaption, and if before action brought, excuses sheriff. 2 C. 473. De- tention by creditor, to prevent return of escaped prisoner, excuses the sheriff. Id. The rule of damages, for prisoner’s escape, is the amount of execution, with interest from time of escape. 3 C. 423; 8 C. 63. ■ A prisoner departed from the jail liberties, with jailer’s consent; the sheriff held liable. Ib. As to form, consideration for, conditions and breach of bond, demand and damages, see 8 C. 63. Mandamus lies against removed deputy jailer, for possession of jail. 25 C. 110. Control of jailer over prisoner awaiting trial. 72 C. 728. Sheriff who releases prisoner upon certificate that poor debtor’s oath has been taken, regular on its face, is protected. 91 C. 510. Sec. 2007. Cited. 127 C. 58. 158 SOCIAL WELFARE LAWS OF CONNECTICUT bonds to be filed with the county treasurers. Such deputy jailer or deputy jailers and other officers and employees shall be under control and direction of the sheriffs in their respective counties. 1918. S. 1965 Sec. 2011. Bedding and fuel. Suitable bedding and fuel for the prisoners shall be furnished in each county by and under the direction of the county commissioners, at the expense of the county. 1918, S. 1976 Sec. 2012. Provision for sick prisoners. The county commissioners in their respective counties shall provide a safe room within the jails or jail buildings for the confinement of sick prisoners, and furnish the same with suitable bedding, furniture and fuel, for the proper care and nursing of such sick prisoners and for the accommodation of neces- sary attendants for them. 1918, S. 1988 Sec. 2013. Removal to another jail; sickness. When the prisoners in any jail shall be exposed to any malignant sickness, the county commissioners of the county in which such jail is located shall cause them to be removed at the expense of the state to a jail in the same or an adjoining county, there to be kept until such sickness shall abate and then returned by such commissioners at the expense of the state to the place from which they were taken; and all keepers of jails to which such prisoners may be so removed shall receive and keep them safely until they shall be remanded as aforesaid or lawfully released. 1918, S. 1969 Sec. 2017. Employment of prisoners. The county commissioners of any county may, with the consent of the sheriff of such county, cause prisoners serving terms in the jail or workhouse thereof to labor upon any bridge or public highway or property adjacent thereto, or in, upon or about any property in such county; and the county com- missioners may require all convicts in jails or workhouses to work ac- cording to their ability; permit other prison herein, if the latter desire, to be provided with materials for work nd employment; re- quire the deputy jailer or deputy jailers or other officers and employees to superintend the conduct and labor of the prisoners and prescribe rules for the government, management, discip .n< and employment of the prisoners in the jails and jail buildings of their respective coun- ties; and the respective sheriffs shall enforce such rules. The com- missioners shall visit the jails in their several counties at least once a month, examine into their management and audit all accounts pertain- ing to the jails. 1918, S. 197 Sec. 2018. Food. Clothing. Medical aid. Tools. The deputy jailer or deputy jailers, under the rules and directions of the county com- missioners, shall procure suitable food, clothing and medical aid for prisoners committed on criminal process, and such implements and ma- terials as shall be proper for employing and keeping such prisoners gt work and the commissioners shall draw their orders in payment for the same upon the treasurers of their respective counties. 1918, S. 1966 Sec. 2021. Prisoners may provide supplies. All prisoners shall be permitted to provide and send for their own food and use their own bedding or other necessaries free from charge, provided the consent of the sheriff of the county within which they are imprisoned be first obtained. 1918, S. 1977 Sec. 2022. Labor for fine and costs; limitation. Each person com- mitted to any jail upon conviction of any criminal offense, and held therein only for fine and costs or both, shall be discharged when the Sec. 2011. Cited. 127 C. 57. Sec. 2012. Cited. 127 C. 57. Sec. 2017. Cited. 127 C. 57. Sec. 2020. Town wherein he is convicted is not liable for prisoner’s support. 7 C. 529. SOCIAL WELFARE LAWS OF CONNECTICUT 159 labor of such person at the rate of one dollar a day shall amount to such fine and costs; but no person shall be held in jail for the costs, if unable to pay them, more than four months on any one conviction. Sec. 2023. Release of sick prisoners. Any person committed to jail, becoming sick with a malignant, contagious or infectious disease or malady which from its nature will be incurable during his term of imprisonment, may be released from such jail by an from the state’s attorney for the county where such jail is situated, indorsed with the approval of any judge of the superior court or of the county commissioners of such county. 1918, S. 1978 S ;C. 2024. Commutation for good behavior. Each person confined or committed to any county jail for a period of not less than three months may, for prompt obedience to the rules of the jail, have five days deducted from each month of his sentence by the county com- missioners, upon a report of the jailer certifying to such good conduct. 1918, S. 1991 Sec. 2025. Liberties of jail. The county commissioners may desig- nate a reasonable space of ground adjacent to each jail for the liber- ties thereof and may alter the same; and the sheriff shall permit any person in his custody on civil process to go at large in such liberties, upon giving the sheriff a bond to his acceptance, with surety, con- ditioned that he will remain a prisoner within such liberties until law- fully discharged; and may require a new bond with surety and, on the neglect of the prisoner to give it, may commit him to close confine- ment until he shall give it; and may commit any prisoner to close prison when he shall have voluntarily departed from such liberties. 1918, S. 1979 Sec. 2C26. Prisoners on civil process. Prisoners on civil process shall not be lodged in the same room with prisoners on criminal pro- cess. The jailer shall not be obliged to furnish support to any pris- oner committed on civil process, except as hereinafter provided. 1918, S. 1980 Sec. 2027. Poor debtor’s oath; proceedings; discharge. Any pris- oner on civil process may apply to a justice of the peace to take the oath provided for poor debtors and shall cause notice signed by a justice of the peace to be given to the adverse party, if an inhabitant of the state, otherwise to his attorney, to appear and show reason why such oath should not be administered; which notice shall be served at least four days inclusive before the day specified for ad- ministering such oath, by some proper officer or indifferent person, who shall leave an attested copy thereof with the person to be noti- 1918, S. 1981, 1982 Sec. 2025. Escaped prisoner on Jail liberties may be retaken. 2 R. 174, 334. Nominal damages only are given -against sureties on bail bond, when the creditor’s remedy against sheriff is barred. 1 R. 127; 2 R. 336, 337; 25 C. 410. Escape by creditor’s procurement subjects sheriff to nominal damages only. 2 R. 337. When re- capture, before action brought, is prevented by creditor’s act, sheriff is not liable. 2 C. 473. Sheriff cannot recover if jailer consented to prisoner’s escape. 3 C. 426, 427. Seal not required on bail piece; simple contract valid. 8 C. 63. Sheriff is not obligated to retake escaped prisoner; may look to bond. 1 Rj 128; 8 C. 63. Employment of debtor, within jail limits, is no escape. 25 C. 410. Boundaries of jail limits con- sidered. 2 C. 282. Boundaries as originally established not affected by change of highway. 25 C. 410. Officer had no knowledge of any property of debtor, who upon demand, exhibited none; held, arrest of body was lawful. 37 C. 71. Sureties are not entitled to notice of principal’s default to fix liability. 37 C. 71. Unlawful re- striction of debtor’s liberty will not excuse his departure from jail limits. Ib. Escape from liberties is escape from jail. 68 C. 449. Sec. 2025. A going at large beyond the jail limits even for a short time and fol- lowed by a return to custody is an escape for which the sheriff is liable. 116 C. 28. Sec. 2027. Immediate departure of debtor, after taking oath, is a voluntary es- cape, for which he and sheriff are liable. 2 R. 481; 3 C. 423. The administration of the oath is a ministerial act. 3 C. 107. Prisoner taking oath is entitled to receive the money deposited for his support. 3 C. 499. Peaceful escape of one committed on criminal process is a common law offense. 7 C. 384. Falsely and corruptly taking poor debtor’s oath is perjury. 11 C. 408. Nature of process; sheriff protected if certificate shows all necessary steps taken. 91 C. 510. Effect of prior unsatisfied judgment of fraud in concealing assets and of adjudication of bankruptcy within six months. 93 C. 273, 275. 160 SOCIAL WELFARE LAWS OF CONNECTICUT fled or at his usual place of abode; and the justice of the peace to whom such notification is returnable shall inquire into the matter and, if no sufficient reason is shown to the contrary, administer to such debtor the following oath. You, A. B., solemnly swear that you have not any estate, in pos- session, reversion or remainder, of the value of seventeen dollars in the whole, or sufficient to pay the demand for which you are impris- oned, except what is by law exempt from execution, and that you have not, directly or indirectly, disposed of all or any part of your estate, thereby to secure the same, or to receive or expect any ad- vantage therefrom, or to defraud your creditors; so help you God. The jailer shall thereupon discharge such prisoner from jail, unless the creditor shall give to him immediate notice in writing that he in- tends within fifteen days thereafter, inclusive, to apply for a review, and shall deposit with the jailer such sum of money for a weekly main- tenance as the county commissioners shall require in such cases; and, when any prisoner shall take such oath upon several civil processes, such weekly allowance shall be paid by the parties by whom he is de- tained in prison in equal proportions; and the jailer shall pay to such prisoner each week the amount of his weekly allowance, if by him re- quested. No person shall be admitted to take the poor debtor’s oath who shall refuse to be examined under oath by the adverse party, on the hearing of such application or of any review thereof. Sec. 2028 as amended by Sec. 331f. Debtor’s second application. When any prisoner shall have applied to take such oath and been re- fused, he shall not afterwards make application therefor unless his circumstances shall have changed, except to a judge of the superior court or of the court of common pleas or to a county commissioner and a justice of the peace in the county in which he is confined, who, no- tice having been given as aforesaid, may administer such oath, if no sufficient cause be shown to the contrary, and the prisoner shall there- upon be released. 1918, S. 1985 1941 1918, S. 1986 1941 Sec. 2029 as amended by Sec. 332f. Review on application of creditor. When such oath shall be administered by a justice of the peace upon the original application, the adverse party may, within fifteen days thereafter apply to a judge of the superior court or the court of com- mon pleas or to a county commissioner and a justice of the peace in such county, to review the cause, which application shall be returnable in fifteen days after it is made and reasonable notice thereof shall be given the prisoner; and, if the court of review shall find that such oath ought not to have been administered, he shall thereafter be held in the same manner as though it had been administered. If such application shall not be made within said first period of fifteen days, or shall be discontinued, the debtor shall be discharged from jail at the expiration of said time or upon such discontinuance and, if the court of review shall reject such application, he shall be forthwith released. 1918, S. 1983, 1984 Sec. 2030. Support; when and how furnished by creditor. Exception. No jailer shall be required to receive into his custody any prisoner committed to jail on civil process unless the plaintiff in such process shall deposit with such jailer, at the time of such commitment, money for the support of such prisoner for one week at least at the rate estab- lished for his weekly maintenance, and thereafter at the same rate weekly in advance, so long as such prisoner shall remain in the cus- tody of such jailer; and such jailer shall not be required to retain such Sec. 2028. Debtor may apply to justice after decision of a court of review, there being no change in his circumstances. S C. 202. And see 93 C. 274. Sec. 2029. Followed and applied in 93 C. 273. Sec. 2030. The law has since 1810 cast the support of the debtor upon the cred- itor; money paid therefor is added as costs on the execution. 49 C. 87. SOCIAL WELFARE LAWS OF CONNECTICUT 161 prisoner beyond the time for which such maintenance shall have been paid, provided the payment of such board shall not be required while such prisoner is at large within the jail limits. The provisions of this section shall not apply to commitments on mesne or final process in bastardy cases, nor to commitment under the terms of a judgment or decree. Sec. 2031. Execution for creditor’s expenses. The creditor may collect on execution all necessary expenses for the detention and maintenance of any such prisoner in jail, when such oath shall not be administered to him, before he shall be discharged. 1918, S. 1987 Sec. 2032. Sexes to be separated. Men and women shall be con- fined and kept separately. 1918, S. 2000 1918, S. 2008 Sec. 2034. Discharge on terms. When the county commissioners shall be of the opinion that any person committed to any jail or county workhouse under the provisions of the second sentence of section 2033 has so conducted himself, or is so unwell, that he should he discharged, they may discharge him, upon his paying what remains due of the costs of prosecution and commitment, including his support while so con- fined; or, if they shall be of the opinion that he is unable to pay or se- cure such cost, they may take his note therefor payable to the town from which such commitment shall have been made, and discharge him. Such town shall pay to the treasurer of the county whatever may remain due for his support while so confined and, upon payment thereof, shall receive such note. When any person so confined shall be held only for the payment of fine and costs and shall have no means to pay the same, the county commissioners may take his note therefor, payable to the treasurer of the municipality which is liable for the payment of such costs, and he shall thereupon be discharged. Sec. 2036. Town workhouses. Any town may establish a work- house and provide suitable buildings for the confinement of offenders sentenced thereto; furnish materials for their work, direct the kind of labor and the manner and place in which it is to be performed, either in or out of the workhouse, and make any lawful regulations necessary to carry into effect the provisions of this chapter. Towns may join in building, maintaining and managing a workhouse, on such terms as they shall agree upon. 1918, S. 1995, 2001 Sec. 2037. Selectmen overseers. Master. The selectmen shall be the overseers of the workhouse; may appoint and for misconduct re- move a master of the same; superintendent and direct him as to the management, labor and food of the prisoners; visit such workhouse at least once in three months; see that the law is duly executed and take care that the prisoners are suitably provided for. 1918, S. 1996 Sec. 2038. Duties of masters. The master shall receive all persons lawfully sent to such workhouse and keep them employed in such labor as they shall be able to perform; and, if any one of them shall refuse to work in a proper manner, may put him in close confinement until he shall obey orders and, in case of great obstinacy or perverseness, may reduce him to bread and water until he shall be brought to obe- dience. 1918, S. 1997 Sec. 2040. Prisoner’s support. Each town shall provide for the support of its prisoners in the workhouse; and, if their earnings shall be insufficient to pay the expense, it shall be borne by the town, ex- cept in the case of prisoners able to pay it and of children who have parents able to pay it, in which case it shall be paid by them; and the master of each workhouse shall account to the overseers once in 1918, S. 1999 Sec. 2031. See 49 C. 87. Sec. 2036. Commitment must be for definite time. 3 C. 502. 162 SOCIAL WELFARE LAWS OP CONNECTICUT six months for the expense of the workhouse and of the labor and earnings of the prisoners; and, if any persons committed to the work- house shall not be able to work, they shall be properly taken care of, if possessed of estate, at their own expense, if not at the expense of the town where they belong. 1918, S. 6658 Sec. 6505. County commissioners may discharge from jail. Any person committed to any jail or county workhouse by any justice of the peace or by the judge of any city, police, borough or town court, and held therein for the non-payment of fine and costs only, if he shall have no means of satisfying the same, may be discharged from such imprisonment by the county commissioners of the county, and such commissioners shall take his note therefor and security for the same if it can be obtained. 1918, S. 6660 Sec. 6507. Indeterminate sentence. When any person shall be sen- tenced to the State Prison, otherwise than for life or in connection with a sentence of execution for a capital offense, the court imposing the sentence shall establish a maximum and minimum term for which such convict may be held in said prison. The maximum term shall not be longer than the maximum term of imprisonment prescribed by law as a penalty for such offense, and the minimum term shall not be less than one year; provided, when any person so sentenced shall have twice before been convicted, sentenced and imprisoned in a state pri- son or penitentiary, the court shall sentence such person to a maximum of thirty years; and provided, in case a person shall be sentenced to the State Prison for two or more separate offenses and the term of imprisonment for a second or further term shall be ordered to begin at the expiration of the first and each succeeding term of sentence named in the warrant of commitment, the court imposing such sen- tences shall name no minimum term of imprisonment except under the first sentence, and the several maximum terms shall, for the purpose of this section and of sections 6509, 6510, 6511, 6512, 6513 and 6514, be construed as one continuous term of imprisonment. Prisoners 1918, S. 1932, 1933 Sec. 1978 as amended by Sec. 638e. Parole from the state prison. Any provision of section 783c which is inconsistent herewith (see Sec. 1471e) is repealed.* 1923, C. 275 1927, C. 88 1930, S. 1978 1935, S. 783c 1937, S. 420d Sec. 783c. Powers and duties of warden. Punishment and reward of inmates. The warden shall manage the prison, subject to the rules of the directors and their written orders, and he shall keep all the prisoners employed in such labor as the directors shall order, during the term of their imprisonment, and, in case they are disobedient or disorderly, or do not faithfully perform their task, may put fetters and shackles on them or confine them in dark and solitary cells. He shall keep a book in which a record shall be made of each punishment by solitary confinement, as follows; The name and number or other suffi- cient designation of the person punished, the day and hour when put in solitary confinement, the day and hour when released, the offense Sec. 6507. If statute fixes minimum penalty, court may not give sentence for less period. 84 C. 470. Prior convictions must be alleged. 94 C. 703; 96 C. 172. But accused should first be tried for present crime and jury should not be told of claimed prior convictions; if convicted, issue of prior convictions should then be submitted to jury. 96 C. 172 ff. Sec. 6507. See note to Sec. 6502. Statute cited. 110 C. 411. Statute construed. 115 C. 602. Sec. 6507. Cited. 126 C. 220. * Sec. 329a. Cited. 116 C. 140, 143. SOCIAL WELFARE LAWS OF CONNECTICUT 163 and such remarks as may be necessary to complete the record. He shall also keep a record of the punishment inflicted upon each prisoner, showing its cause, mode and degree, and a like record of the conduct of each prisoner. Any prisoner may, by prompt and cheerful obe- dience to the rules of said prison, earn a commutation or diminution of his sentence, as follows: Sixty days for each year, and pro rata for a part of a year, of a sentence which is for more than one year and not for more than five years; and ninety days for the sixth and each subsequent year, and pro rata for a part of a year, and, in addi- tion thereto, five days for each month he shall be employed on a farm operated in connection with said prison; provided any serious act of insubordination or persistent refusal to conform to prison regulations occurring at any time during his confinement in said prison shall subject the prisoner, at the discretion of the warden and board of direc- tors, to the loss of all or any portion of the time earned; but this pro- vision shall not apply to prisoners sentenced to confinement in said prison for a term that is not greater than one year. Said commutation of sentence shall apply to any prisoner transferred from the State Pri- son to the Connecticut Reformatory. When any prisoner shall be held under more than one conviction, the several terms of imprisonment im- posed thereunder shall be construed as one continuous term for the purpose of estimating the amount of commutation which he may earn under the provisions of this section. The warden of the State Prison may employ such number of prisoners as may be approved by the board of directors, outside the prison walls, within the state, under the charge of some officer of the prison. He shall provide for the prison- ers suitable food and clothing and suitable implements and materials for their work, and shall provide for the relief of any sick or infirm prisoner, and the cost thereof shall be paid by the state from funds appropriated and available for such purpose. He shall superintend the labor and conduct of the prisoners; shall act as general agent of the prison in the purchases and sales therefor; shall keep accurate accounts and render the same to the directors at their stated meetings, and, when requested, communicate to them any information in his knowledge respecting the prison; and may, in his own name, as war- den, sue on any contract made by him in the business of said prison. Sec. 6173 as amended by Sec. 736g. Escape from the state prison. Any person legally confined in the state prison, who shall escape or attempt to escape from said prison or from any subdivision thereof, or from any other institution to which he has been transferred from said prison, or from the custody of any person in whose charge he has been placed by the warden of said prison, shall be imprisoned in said prison not more than ten years, and the sentence shall take effect at the ex- piration of the term of imprisonment in said prison under all sen- tences against the offender imposing imprisonment therein in force and unexecuted at the time of such sentence. Effective March 25, 1943. 1918, S. 6321 1943 Sec. 1980. Contracts for labor; public institutions. No contract or agreement shall be made for the labor or services of inmates of any penal or other state or county institution in the manufacture of goods or any portion of such manufacture, or for the product of such labor or services, except after public notice, by advertising in at least three daily papers having a circulation in different sections of the state, call- ing for sealed proposals or bids for such labor, or the product there- of, and such proposal or bid, received in accordance with such notice, as is by its terms most advantageous to the state or county maintain- ing such institution, shall be accepted by the authorities in charge of the disposal of such labor, or the product thereof, and such contract or agreement shall be made in accordance with the terms of such notice and such proposal or bid. No such contract or agreement shall be made for any period exceeding four years. The provisions of this sec- 1918, S. 1935 164 SOCIAL WELFARE LAWS OF CONNECTICUT tion shall not apply to contracts for the labor of inmates of county institutions in farm, domestic or casual service. 1929, C. 118 Sec. 1982. Transfer of prisoners to the Connecticut Reformatory. Any prisoner under the age of thirty years, who has less than ten years of his minimum sentence remaining to be served and who, in the opinion of the board of directors of the prison, would be benefited by the training provided at the Connecticut Reformatory, may be trans- ferred, pursuant to a vote of said board, to said reformatory, there to serve the remainder of his prison sentence. The commutation of the sentence of such prisoner or the parole of such prisoner shall be sub- ject to the provisions of the statutes applicable to prisoners at the State Prison; but said provisions shall be enforced and applied by the super- intendent and board of parole of said reformatory. If such trans- ferred prisoner shall be found by the directors of said reformatory not to be amendable to reformatory methods, he may be returned by them to the State Prison, there to serve the remainder of his sentence. 1918, S. 1950 1923, C. 151 Sec. 1983. Compensation of prisoner. Any person imprisoned in the State Prison who, by reason of good conduct and upon the recom- mendation of the warden, shall be deemed worthy by a majority of the directors, shall receive, as compensation for services performed by him, a sum not exceeding fifteen cents per diem during the term of his imprisonment. Such sum shall be deposited in some savings bank, state bank or trust company in this state, under the direction of the board of directors and the warden, and, with the interest thereon, shall be paid by the warden to such convict upon his discharge from said prison; provided the warden may, during the term of such imprison- ment, pay to such person or to his wife, parent or parents or children, with the advice and consent of the directors, such portion of such com- pensation as may, in his opinion, be necessary for the welfare of such convict, his wife, parent or parents or children. 1943 Sec. 406g. Production by inmates of the State Prison of materials and supplies for the United States government. Any inmate of the State Prison who is engaged, during the present emergency, in the production of supplies and materials for the United States government shall, upon the recommendation of the warden, receive, in addition to the sum provided for in section 1983 of the general statutes, not more than fifteen cents per diem, to be paid from the receipts from the contracts for such supplies and materials with the United States gov- ernment and to be deposited or paid out in accordance with the pro- visions of said section 1983. Effective March 27, 1943. 1918, S. 1949 1930 1933 Sec. 1984 as amended by Sec. 784c. Allowance for labor. Each prisoner held in the State Prison for non-payment of a fine shall be allowed one dollar a day for his labor, from the time when his im- prisonment for non-payment of such fine commenced, if, in the opinion of the warden and directors, he shall have been submissive to the offi- cers of the prison during his confinement and conducted himself as a faithful prisoner. Sec. 1985. Discharge of prison held for costs. Each prisoner, detained only for the payment of costs, shall be allowed for his labor the wages paid journeymen for like labor, but, if, in the opinion of the directors, he shall be unable to pay such costs and shall have con- ducted himself well during his confinement, the warden may remit the amount of such costs and discharge him. 1918, S. 1948 1918, S. 1939, 1940, 1941 1930 1931, S. 785c 1943 Sec. 1992 as amended by Sec. 407g. The transfer of mentally ill persons from the State Prison to a State Hospital for the mentally ill. The warden of the State Prison shall apply to the governor for an order directing the examination by two competent physicians to be named by the governor of any prisoner whom the warden shall have SOCIAL WELFARE LAWS OF CONNECTICUT 165 cause to believe to be mentally ill. If such prisoner shall be found by such physicians to be mentally ill, the governor may order such pris- oner transferred to a state hospital for the mentally ill, to be safely cared for and kept in such hospital until the expiration of his sen- tence, unless, prior to such expiration, he shall have recovered his sanity, in which event he shall be returned to said prison. If the governor is of the opinion that any prisoner so found to be mentally ill is a desperate or dangerous individual and that his transfer to or continued confinement in a hospital for the mentally ill would not be in the interests of the safety of the public, he may order such prisoner detained within or return to the State Prison and there confined under appropriate psychiatric care and supervision. Effective May 12, 1943. Sec. 1993. Proceedings upon discharge of mentally ill convict. Whenever any mentally ill or idiotic person shall be confined in the State Prison, the warden shall immediately report the name and resi- dence of such prisoner, if known, to the agent of the Connecticut Pri- son Association, together with the date when such prisoner will be discharged from custody. The agent of said association shall receive from the warden any mentally ill or idiotic prisoner when discharged and, if such prisoner shall be a legal charge on any town in this state, he shall be placed in the custody of the selectmen of such town. If such prisoner be not legally chargeable to any town in this state, and, if it can be definitely and satisfactorily ascertained that he is a legal resident of any other state, the agent of said prison association is authorized and directed to return him to the authorities who are le- gally chargeable with his care. If it cannot be definitely or satisfac- torily ascertained where such discharged prisoner has a legal resi- dence or what authorities are legally chargeable with his care, the comptroller shall, on the requisition of the secretary of said associa- tion, indorsed by the warden of the State Prison, provide for him immediately upon his release from the State Prison, such care as his condition may demand. In lieu of all other sums, there shall be paid to said prison association seven hundred and fifty dollars quarterly. 1918, S. 1945 Sec. 408g. Hospitalization of mentally ill after expiration of term. When any prisoner serving a term in the State Prison is mentally ill at the expiration of his sentence, whether he is confined in a state hos- pital for the mentally ill or in the State Prison, under the terms of section 407g, the warden shall certify such fact to the governor who may issue an order for the removal of such prisoner to a hospital for the mentally ill and for the detention of such prisoner in such hospital until he has recovered his sanity; and the governor shall cause such order to be transmitted to the superintendent of such hospital. The expense of such detention, support and treatment shall be paid out of the estate of such prisoner if he has any estate; if he has no estate, it shall be paid by the state. When such prisoner has fully regained his sanity, the superintendent of such hospital for the mentally ill shall, after having notified the governor, dismiss such prisoner therefrom. Effective May 12, 1943. 1943 Sec. 1994. Transfer. Certain statutes applicable. After the com- pletion of the State Prison for Women at the Connecticut State Farm for Women, any woman who, but for the establishment of said State Prison for Women, would have been sentenced to a term of impris- onment in the State Prison, shall be sentenced for a like term in said State Prison for Women and any woman who shall have been or shall be transferred thereto as provided by statute shall there serve the re- mainder of the term for which she was sentenced to the State Prison. All women imprisoned at said State Prison for Women shall be sub- ject to the provisions of the statutes applicable to prisoners at the State Prison and shall be under the supervision and control of the directors of the State Farm for women. 1929, C. 267 166 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 1942 Sec. 1995. Mentally ill convict; transfer to hospital for mental ill- ness. Whenever, in the opinion of the physician and of the consulting physician of the State Prison, certified in writing to the superintend- ent of the State Prison for Women, any female convict shall have be- come mentally ill, said superintendent shall report the fact to the gov- ernor, and thereupon the governor shall issue an order to said superin- tendent or to any proper officers to take such person, together with a certified copy of the record of her commitment to prison, and deliver her and such record to the superintendent of one of the state hospitals for mental illness, there to be safely kept until the expiration of the term for which she was committed to prison or until she shall have recovered her mental health. If, before the expiration of the term for which she was committed to prison, she shall, in the opinion of the superintendent of said hospital, certified in writing to the governor, have recovered her mental health, the governor shall issue an order to the superintendent of said State Prison for Women or any proper offi- cer to take her from such hospital and deliver her to the proper authorities of said prison. 1918, S. 1943, 1944 Ssc. 1996. Detention after expiration of sentence. When any con- vict shall have been transferred, by order of the governor, from the State Prison for Women to such hospital for mental illness and shall be confined in such hospital at the time of the expiration of the term of imprisonment for which she was committed to said prison and shall still be mentally ill, the superintendent of such hospital shall certify such fact to the governor, who may issue an order for her further detention in such hospital until she shall have recovered her mental health; and the governor shall cause such order to be transmitted to such superintendent. The expense of such detention, support and treatment shall be paid out of the estate of such person, if she have any estate; if she have no estate, it shall be paid by the town to which she belongs, and, if she shall belong to no town in this state, such expense shall be paid by the state. When such person shall have ful- ly regained her mental health, the superintendent of such hospital shall dismiss her therefrom. 1918, S. 2035 Sec. 2051. Inmates of institution excepted. Inmates of any institu- tion, supported in and by any political subdivision of the state, in which the merit system is adopted and a civil service board appointed, may be assigned, by the lawful authorities thereof, without test or registration, to such minor duties, in such institution, as they are fitted to perform, but without pay or compensation other than privil- eges or liberties of the institution, except by special permission of the civil service board. 1918, S. 6652 See Sec. 2701 1939 Sec. 6499 as amended by Sec. 1468e. Burial. The warden or his deputy shall cause the body of any executed criminal to be decently and quietly buried in any place in the United States that may be designated by the relatives or friends of the executed person, provided a request for such burial shall have been made to the warden or deputy on or before the day of execution. The amount of the expenses of the funeral and burial to be paid by the state shall not exceed fifty dollars, which shall be paid out of any funds on hand appropriated for the maintenance and support of the State Prison. If the expenses of the funeral and burial at the place designated by such relatives or friends shall exceed fifty dollars, such relatives or friends shall pay to the warden the amount required in excess of said sum before the warden shall cause the body of such criminal to be removed and buried at the place designated. In case the body shall not be claimed by any rela- tives or friends on or before the day of execution, then the warden or deputy shall dispose of it as provided by law for the unclaimed bodies of criminals who die in the State Prison. The warden shall indorse upon the death warrant a record of his execution thereof and shall re- SOCIAL WELFARE LAWS OF CONNECTICUT 167 turn such warrant to the clerk of the superior court of the county where the trial and conviction was had. This act shall take effect from its passage. Sec. 6509 as amended by Sec. 1470e. Parole. Any person sentenced to the State Prison, after having been in confinement under such sen- tence for not less than the minimum term, or, if sentenced for life, after having been in confinement under such sentence for not less than twenty-five years, less such time, not exceeding a total of five years, as may have been earned under the provisions of section 783c of said supplement, may be allowed to go at large on parole in the discre- tion of a majority of the board of directors of said prison and the war- den thereof acting as a board of parole, if in their judgment such prisoner will lead an orderly life if set at liberty. When any prisoner shall be so paroled, the board of parole shall, within one week there- after, cause notice thereof to be sent to the state’s attorney of the county wherein such prisoner was sentenced, with the terms of such parole. If, in the opinion of the state’s attorney any prisoner so paroled shall need supervision, the state’s attorney shall notify the warden, and the warden or the parole agent shall at once take charge of the matter. Within one week after the close of each criminal term of the superior court, the state’s attorney of each county and the state’s attorney at Waterbury shall send to the board of parole the record, if any, of each person sentenced to the State Prison. 1918, S. 6662 1930 1931 1935, S. 1730c Sec. 6510. Rules and regulations concerning parole. Authority is conferred upon said board of parole to establish such rules and regu- lations as it may deem necessary, upon which such convict may go upon parole, and to enforce such rules and regulations and to retake and reimprison any convict upon parole, for any reason that shall seem sufficient to said board. 1918, S. 6663 Sec. 6511. Rearrest. The request of said board of parole, or of any person authorized by the rules of said board, shall be sufficient war- rant to authorize any officer of said prison, or any officer authorized by law to serve criminal process within this state, to return any con- vict on parole into actual custody; and police officers, constables and sheriffs shall arrest and hold any paroled convict when so requested, without any written warrant, and, for the performance of such duty, the officer performing the same, except officers of said prison, shall be paid by the board of directors of said prison, out of the prison funds, such reasonable compensation as is provided by law for similar ser- vices in other cases. 1918, S. 6664 Sec. 6512 as amended by Sec. 1471e. Parole from the state prison. (a) Any paroled convict who has been or shall be returned to said prison for violation of his parole may be retained in said prison for a period equal to the unexpired portion of the term of his sentence at the date of the request or order for his return less any commutation or diminution of his sentence earned except as the warden and board of directors may, in their discretion, determine that he shall forfeit any or all of such earned time, or may be again paroled by said board of parole, (b) Each prisoner or paroled convict, subject to the provi- sions of section 783c, shall be subject to loss of all or any portion of time earned if he shall commit any serious act of insubordination or persistent refusal to conform to prison or parole regulations either at any time during his confinement or at any time during the full term of his parole. 1918, S. 6665 1930, S. 6512 1937, S. 869d Sec. 6513. Discharge of paroled prisoner. If it shall appear to said board of parole that any convict on parole will continue to lead an or- 1918, S. 6666 Sec. 6509 (1470e). A prisoner in state’s prison having served his minimum sen- tence is eligible to parole. 126 C. 220. 168 SOCIAL WELFARE LAWS OF CONNECTICUT derly life, said board, by a unanimous vote of all the members present at any regular meeting thereof, may declare such convict discharged from said prison, and shall thereupon deliver to him a written certifi- cate to that effect under the seal of the board of parole and signed by its secretary and by the warden. 1918, S. 6667 Sec. 6514. Employment of paroled or discharged prisoner. The Connecticut Prison Association and said board of parole shall make all reasonable efforts to secure employment for any convict paroled or discharged. 1941 Sec. 901f. Interstate compacts for parolee supervision. A. Com- pact. The governor is authorized and directed to execute a compact on behalf of the state of Connecticut with any of the United States legally joining therein in the form substantially as follows: A compact entered into by and among the contracting states, signatories hereto, with the consent of the congress of the United States of America, granted by an act entitled “An act granting the consent of Congress to any two or more states to enter into agreements or compacts for co- operative effort and mutual assistance in the prevention of crime and for other purposes.” The contracting states solemnly agree: (1) That it shall be competent for the duly constituted judicial and admin- istrative authorities of a state party to this compact (herein called “sending state”), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called “receiving state”), while on probation or parole, if (a) such person is in fact a resident of, or has his family residing within, and is able to obtain employ- ment within, the receiving state; (b) though such person is not a resi- dent of the receiving state and has no family residing therein, the re- ceiving state consents to allow him to reside therein; provided, before such permission shall be granted, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person; a resident of the receiving state within the meaning of this section, being construed to be one who has been an actual inhabi- tant of such state continuously for more than one year prior to his coming to the sending state and who has not resided within the send- ing state more than six continuous months immediately preceding the commission of the offense for which he has been convicted; (2) that each receiving state shall assume the duties of visitation of and super- visions over probationers or parolees of any sending state and in the exercise of such duties will be governed by the same standards that prevail for its own probationers and parolees; (3) that duly accredited officers of a sending state may, at all times, enter a receiving state and there apprehend and retake any person on probation or parole, and for that purpose no formalities shall be required other than establishing the authority of the officer and the identity of the person to be retaken; all legal requirements to obtain extradition of fugitives from justice are being expressly waived on the part of the states party hereto, as to such persons and the decision of the sending state to retake a person on probation or parole to be conclusive upon and not reviewable within the receiving state; provided, if, at the time when a state shall seek to retake a probationer or parolee, there shall be pending against him within the receiving state any criminal charge, or he shall be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense; (4) that the duly accredited officers of the sending state shall be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference; (5) that the governor of each con- tracting state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall pro- mulgate such rules and regulations as may be deemed necessary to SOCIAL WELFARE LAWS OF CONNECTICUT 169 more effectively carry out the terms of this compact; (6) that this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing and, when executed, it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state; (7) that this compact shall continue in force and re- main binding upon each executing state until renounced by it, that the duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of with- drawal until they shall be retaken or finally discharged by the sending state and that renunciation of this compact shall be by the same au- thority which executed it, by the sending of six months notice in writing of its intention to withdraw from the compact to each other state party hereto. B. Separability. If any section, sentence, subdivi- sion or clause of this section is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the re- maining portions of this section. C. Title. This section may be cited as the Uniform Act for Out-of-State Parolee Supervision. Probation Officers Sec. 6515 as amended by Sec. 743g. Probation officers; appoint- ment. The judges of the superior court and the judges of the court of common pleas may, for their respective courts, and the judge of each municipal court shall, appoint one or more probation officers, male or female, to act under the direction of such court and remove them at pleasure. Effective July 1, 1943. 1918, S. 6668 1941, S. 898f 1943 See Sec. 6520 Sec. 6516. Probation officers; their powers and duties; interference with. The duties of such probation officers shall be: (1) To investi- gate the case of any person brought or about to be brought before the court, under whose direction he is a probation officer, for any misde- meanor or any delinquency rendering such person liable to be commit- ted to any humane or reformatory institution, or any crime not punish- able by imprisonment in the State Prison, the object of such investi- gation being to ascertain the history and previous conduct of the per- son so arrested and such other facts as may show whether he or she may properly be released on probation; and, after an arrest, such pro- bation officer shall, whenever possible, have opportunity to confer with the accused before his arraignment in court; (2) to report to the court the facts so ascertained; (3) to preserve a complete record of each such case investigated, including descriptions sufficient for identi- fication, with the findings of the court, its action in the case and the subsequent history of the probationer, in such form as may be pre- scribed under the provisions of the probation law, which records shall be a part of the records of said court and shall at all times be open to the inspection of all officers of the court, the chief of police of any city or town or the sheriff or deputy sheriff of any county; (4) to make such other reports as the court may direct or as may be by law re- quired; (5) to take charge of all persons so placed on probation under such regulations and for such time as may be prescribed by the court, giving to each probationer full instructions as to the terms of his re- lease upon probation and requiring from him such periodical reports as shall keep the officer informed as to his conduct. Probation officers shall not be active members of any regular police force, or sheriffs or deputy sheriffs, but shall, in the execution of their official duties, have all the powers of police officers. 1918, S. 6669, 6672 170 SOCIAL WELFARE LAWS OF CONNECTICUT 1918, S. 6671 1919, C. 71 1921, C. 94, 175 1929, C. 285, S. 2 1930, S. 6518 1931, 1935, S. 1725c 1939 Sec. 6518 as amended by Sec. 1463e. Commitments to probation offi- cers. Costs. In cases within its jurisdiction, except in cases after commitment to the State Prison or to the Connecticut Reformatory, and except in cases of conviction of the operation of a motor vehicle while under the influence of intoxicating liquor when the accused shall have been convicted of a like offense by a court of this state within a period of six years immediately preceding, or of conviction of a felony if the accused has been twice previously convicted of a felony, any criminal court or the judge holding such court may, during or after the adjournment of the session at which such commitment was issued, after hearing, continue the case or suspend the execution of the sen- tence and commit the accused to the custody of a probation officer, or to the custody of a probation officer protempore to be appointed by such judge, for such time not exceeding two years as the court may fix, or, when the mitigating circumstances clearly justify such action, sus- pend the execution of the sentence indefinitely without committing the accused to the custody of a probation officer, and thereupon the court or judge shall cause the reasons upon which such action is based to be made a part of the record of such case. The court may order any person, placed on probation, to pay any part or all of the taxable costs of the prosecution. Failure to comply with any provision of such order may be considered a violation of the terms of such probation. When an accused shall have been committed to the custody of a probation officer for a longer period than one year, the probation officer shall, as soon as convenient after the expiration of one year’s probation, call the matter to the attention of the committing court or judge with a recommendation as to the advisability of the continuance of probation. Such court or judge may, at any time either before or after such pre- sentation, after hearing and for good cause shown, terminate any such probationary commitment and the reasons for any such action shall be made a part of the record in such case. 1918, S. 6672 Sec. 6519. Rearrest after probation. Suspension of sentence revoked. Bach person placed on probation shall, during the term fixed for such probation, observe all rules prescribed for his conduct by the court, report to the probation officer as directed and maintain a correct life. In case of failure to meet any of these requirements and at any time prior to the final disposition of the case of any person placed on pro- bation in the custody of a probation officer, such officer may arrest him without a warrant or other process and bring him before the court or any judge thereof, or such court or judge may issue a warrant directing that he be arrested and brought before the authority issuing such warrant. The court or judge before whom such person shall be brought may revoke the suspension of the execution of his sentence, whereupon his sentence shall be in full force and effect, or such court or judge may continue the suspension. 1918, S. 6673 Ssc. 6520. Probation officers; pro tempore appointment. In case of the absence of the probation officer, any court may appoint a probation officer pro tempore, who shall have all the powers and perform all the duties of the probation officer and shall receive as compensation for each day’s service a sum equal to the rate per day of the salary of the probation officer, to be paid in the manner provided in section 2266. Any justice of the peace before whom shall be brought a person who, in his judgment, ought to be released on probation, may appoint a probation officer pro tempore for the care of the accused, who shall serve without compensation. Sec. 6518. What action by court permitted; law valid; sentence does not run while accused at large on parole. 88 C. 500. Does not apply to justices of the peace. 102 C. 28. See 111 C. 281. Sec. 6518. See note to Sec. 6487. Cited. 115 C. 597. SOCIAL WELFARE LAWS OF CONNECTICUT 171 Sec. 6521. Probation service; supervision of. The probation ser- vice of the state shall be under the general supervision of the Con- necticut Prison Association, whose officers shall prepare such blanks for reports and such books for record, including a description of each probationer sufficient for identification, as may be required for the effi- ciency of this service, and such books and blanks shall be provided by the comptroller and furnished to all probation officers at the expense of the state. The clerk of every court by which a probation officer shall be appointed shall forthwith notify said prison association of the name of the officer so appointed. Each probation officer shall make a quar- terly report to said prison association in such form as said prison as- sociation shall direct. Said prison association shall annually make a report to the governor on the operation of the probation system and its results, with recommendations for the improvement of the service. The comptroller is authorized to pay, on the requisition of the secre- tary of the Connecticut Prison Association, a sum not exceeding sixty dollars per month for clerical services to carry out the provisions of the probation law. 1918, S. 6674 Sec. 1448e. Prison labor, (a) No person, firm or corporation shall possess, use, distribute, exchange, sell or offer for sale in this state any goods, wares or merchandise manufactured, produced or mined wholly or in part by convicts or prisoners of this or any other state, except convicts or prisoners on parole or probation; provided nothing in this section shall be construed to forbid the sale of such goods to the state or any political subdivision thereof, or to any public institution owned and managed or controlled by the state or by any political subdivision thereof, when such goods are to be used or possessed solely by the state, such political subdivision thereof or such institution, or to any person, firm or corporation which may purchase such goods for its use or consumption but not for resale, when such purchase shall have been approved by the commissioner of finance and control, (b) The provisions of this section shall not apply to county jails manufacturing such goods, wares and merchandise until June 30, 1939. (c) Any per- son who shall violate any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than ninety days or be both fined and imprisoned. 1937, S. 858d Sec. 2266 as amended by Sec. 478g. Probation officers. Probation officers appointed by the judges of municipal courts shall be reim- bursed for all necessary expenses incurred in the prosecution of their duties, and shall receive compensation for actual services in cities of fifty thousand inhabitants or over at such rate, not exceeding ten dollars per day, and in all other cities and towns of the state at such rate, not exceeding six dollars per day, as may be fixed by the court appointing such officers; such compensation and expenses to be paid in the same manner as those of other officers of said courts. Effective July 1, 1943. 1918, S. 2237 1919, C. 14, S. 1 1921, C. 336, S. 24 1923, C. 79 1943 Veterans Sec. 486. Graves of soldiers and sailors. In each city and town there shall be appointed annually, by the mayor of the city or by the selectmen of the town, preferably a veteran of the civil war, the war with Spain or the world war, whose duty it shall be to see that the grave of any person who served in time of war in the military or naval forces of the English colonies in America, prior to 1776, or of the State of Connecticut or of the United States, shall be suitably kept and cared for. If the cost of such care and maintenance shall not be paid by pri- 1923, C. 113 172 SOCIAL WELFARE LAWS OF CONNECTICUT vate persons, or by the trustees of the cemetery where any such grave is situated, it shall be paid by the city or town; and cities and towns are authorized to appropriate money for such purpose. Money so ap- propriated may be expended directly by the city or town or may be paid to the trustees or manager of the cemetei'y in which any such grave is located; but the sum paid in any year shall not exceed for any such grave the sum usually charged for the annual care and main- tenance of a grave in the same cemetery, or, if no such charge shall be made in that cemetery, then it shall not exceed the sum charged in other cemeteries in the same city or town for such service. 1923, C. 222, S. 39 1925, C. 248, S. 9 Sec. 785. Pensions. Each officer, soldier or sailor wounded or dis- abled, and the widow and each child of each officer, soldier or sailor, killed while in the active service of the state, or the mother of such soldier, sailor or officer who is dependent upon him for support, when such disability or death shall be incident to the service, shall be suit- ably provided for by the general assembly. The commanding officer of any officer, soldier or sailor so injured shall immediately make or cause to be made, by one or more officers detailed for the purpose, full in- quiry and report concerning such injury, in writing, through channels to the adjutant general, with the names and addresses of qualified wit- nesses and a substantial statement of the testimony of each concerning the nature and extent of the injury and the manner of its occurrence. Each member of the national guard or naval militia who shall, when on duty or assembled therefor, in case of riot, tumult, breach of peace, insurrection or invasion, or, whenever ordered by the governor, the commanding general of the national guard or the commanding officer of the naval militia, or when called in aid of any civil authority, re- ceive any injury or incur or contract any disability or disease by rea- son of such duty, or assembly therefor, or who shall, without fault or neglect on his part, be wounded or disabled by reason of the perform- ance of any lawfully ordered duty and thereby temporarily incapaci- tated from pursuing his usual duties or occupation, shall, during the period of his incapacity, receive such compensation as may be deter- mined, and actual necessary expenses for care and medical attendance. The adjutant general may cause examination of each claimant under the provisions of this section to be made from time to time by a medi- cal officer or officers designated for the purpose by the adjutant gen- eral, and he may direct the removal of any claimant to and his treat- ment in a hospital designated by the adjutant general and, if the claim- ant shall refuse to permit any such examination or if he shall refuse to go to such hospital or to follow the direction of the adjutant general of the treatment so prescribed for him, he shall forfeit all right to any claim or allowance under this section. Under the provisions of this chapter, no disability shall be considered temporary which shall continue for more than ninety days from the date of receiving the in- jury or of incurring or contracting the disease or disability, and pay and expenses for care and medcal attention for more than such ninety days shall not be allowed. The adjutant general may appoint a medi- cal examiner or a board of three officers, at least one of whom shall be a medical officer, to inquire into the merits of any claim, who shall fix the amount to be allowed under this section. A medical examiner or board, appointed under this section, shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers and to punish for failure to do so as possessed by a general courtmartial. The findings of the medical examiner or board shall be subject to the approval of the adjutant general, who may return the proceedings of the medical examiner or board for revision and for further testimony. The amount found due any member by such medical examiner or board and ap- proved by the adjutant general shall be paid by the comptroller upon the order of the adjutant general. The adjutant general may disap- prove the report of any medical examiner or board appointed under SOCIAL WELFARE LAWS OF CONNECTICUT 173 the provisions of this section and may thereupon determine the amount of any such claim. He may, upon the application of any claimant made within six months after the service of notice upon such claim- ant or his attorney of the disapproval or disallowance of his claim or any part thereof, reopen such claim and order a rehearing before an- other medical examiner or board. Any person making any claim under the provisions of this section may appeal to the adjutant general from the decision or finding of any medical examiner or board within six months after notice of such decision or finding of any medical exam- iner or board within six months after notice of such decision or finding shall have been served on him or his attorney, and the adjutant general shall hear and determine such appeal on its merits and may take tes- timony in the same manner as upon an original application and may approve, disapprove or modify the findings and decisions of any medi- cal examiner or board. Sec. 805 as amended by Sec. 23le as amended by Sec. 121f. Separa- tion allowances for dependents of soldLrs, sailors and marines. The veterans' home commission is authorized to administer the separation allowances provided for by this chapter and enforce the provisions re- lating thereto. Said commission snail determine the amount of such separation allowances to be paid and shall certify to the comptroller the amounts to be paid montnly. The comptroller shall draw his or- ders on the treasurer in payment thereof. Said commission may apply the provisions of sections 803 to 808, inclusive, to any person who shall enter the military or naval service of the United States through the provisions of any system of selective draft adopted by the federal government. 1923, C. 222, S. 59 1937 1941 Sec. 806 as amended by Sec. 232e. Amount of separation allowances. Separation allowances for such dependents shall be paid on a basis of not more than twenty dollars per month to the wife of such soldier, sailor or marine and not more than six dollars per month for each minor child, under sixteen years, of such soldier, sailor or marine, pro- vided, if such soldier, sailor or marine of the state of Connecticut shall have neither a wife nor a child, but shall have actually and solely de- pendent upon him for support a father or brother who is unable to support himself by his own labors, or a mother or sister so solely and actually dependent, or if such soldier, sailor or marine shall have such father, brother, mother or sister actually and solely dependent upon him in addition to a wife or child or children or both, it shall be within the discretion of the veterans’ home commission to pay a separation al- lowance or separation allowances to such additional dependents, or to such wife or children, or to both, provided no separation allowance paid to all dependents of one soldier, sailor or marine under the terms of this chapter shall amount in the aggregate to more than fifty dollars per month, and provided no person shall receive a separation allow- ance as a dependent of more than one soldier, sailor or marine. 1923, C. 222, S. 60 1937, S. 232e Sec. 807 as amended by Sec. 233e. List of dependents to be filed. Whenever a man shall enlist in the military or naval service of the state, either in the national guard or other troops, he shall certify to the enlistment officer the name, sex and age of each person who, in the event of his being called upon to do active military or naval service, will be dependent upon him within the meaning of this chapter. Such information shall be filed with the commander of the unit to which such soldier, sailor or marine shall be assigned and with the adjutant general of the state, to be made a part of the state military records. When any member of the national guard or other troops of the state shall become responsible for the care of more dependents than shall have been previously certified to by him, he shall give notice to the commander of the unit of the state forces to which he shall be at- tached, and such commander shall inform the adjutant general and 1923, C. 222, S. 61 1937, S. 233e 174 SOCIAL WELFARE LAWS OP CONNECTICUT also certify to the same in his own company records. All records of persons entitled to receive separation allowances under this chapter shall be based upon such information filed by Connecticut soldiers, sailors or marines with their organization commanders and with the adjutant general as herein described unless the veterans’ home com- mission shall find such information to be incorrect, and separation al- lowances shall be paid to other persons only if in the opinion of said commission injustice will be done the bona fide dependents of Connec- tcut soldiers, sailors or marines if they shall not be so paid. 1923, C. 222, S. 62 Sec. 803. Allowances when not to be paid. So much of this chapter as relates to separation allowances shall be inoperative whenever the United States shall pay to dependents of Connecticut soldiers, sailors or marines such separation allowances as are herein described and whenever such allowances by the United States shall be equal to or larger in amount than the allowances provided for under this chapter. Whenever the United States shall pay to dependents of Connecticut soldiers, sailors, or marines such allowances and the amount shall be less than the amount provided for in this chapter, the state of Connec- ticut, under this chapter, shall pay only to such dependents an amount equal to the difference between the amount of the allowance paid by the United States and the amount which would be paid under the terms of this chapter if no allowances were paid by the United States. 1923, C. 222, S. 62 1937, S. 234e Sec. 809 as amended by Sec. 234e. Board may borrow money to pay allowances. Whenever the provisions of this chapter relating to separation allowances shall become operative through the calling of the national guard or other forces into active service, the veterans’ home commission shall pay such allowances as are to be paid, out of any funds which the state may have available for such purposes and, if no funds shall be available, the state treasurer shall be authorized to borrow, in the name of the state, on notes, such funds as shall be neces- sary to administer such provisions. In either case said commission shall certify to the general assembly at its next regular session the amount expended, or, if such provisions shall at that time be operative, shall certify to the amount expended under them up to and including the first Wednesday of December preceding the convening of the gen- eral assembly, and in either case the general assembly shall appropri- ate sufficient funds to cover such expenditures; and, in the event of the existence of circumstances making such provisions still operative, the general assembly shall take the necessary steps to provide for the requisite expense. 1929, C. 225 1931, S. 859 1933, S. 210c 1937, S. 252e 1943 Sec. 859 as amended by Sec. 211 g. Children of soldiers, sailors and marines. The state shall provide tuition, matriculation fees, board, room rent, books and supplies for the use and benefit of the children not under sixteen and not over twenty-three years of age, of those who entered the service of the United States from Connecticut and were killd in action or died from disease or disabilities incurred as a result of their service in the first or second world war in the army, navy, marine corps or coast guard of the United States, or, subject to the same restrictions as to age, for the orphans of veterans, which or- phans have resided in this state for twelve months continuously, which children or orphans are attending or may attend a state educational or training institution of college grade, a state normal school, a state trade school or any other institution of higher learning or commer- cial training within the state, or if any such orphan shall be preparing for entrance to the United States military academy at West Point or the United States naval academy at Annapolis or at a United States coast guard academy, at any of the accredited military preparatory schools, or if, the profession the orphan is preparing for be not taught in training institutions of college grade within this state, and the or- phan shall attend an out-of-state educational institution of college SOCIAL WELFARE LAWS OF CONNECTICUT 175 grade, approved by the state board of education, or for paying the ma- triculation fees of any such child attending any of said United States government academies. The amounts that may be or may become due to any such educational or training institution, not in excess of the amount biennially appropriated therefor, shall be payable to such institution on vouchers approved by the state board of education. Said board shall determine the institutions for such education or train- ing and the eligibility of the applicants for the benefits provided for herein and satisfy itself of the attendance of such beneficiaries at any such institution and of the accuracy of the charge or chafges submitted to said board by the authorities of any such institution on account of the attendance thereat of any such beneficiary. Board and room for any such beneficiary outside of an institution shall be paid for by the state, upon vouchers approved by such institution. Not more than two hundred dollars shall be paid for each beneficiary under the pro- visions of this section for any one year. Sec. 1166 as amended by Sec. 329e as amended by Sec. 160f. Assess- ors to determine exemptions. The board of assessors of each town, consolidated town and city or consolidated town and borough shall in- spect the statements filed with it and required by sections 1163 and 1164 from scientific, educational, literary, historical, charitable, agri- cultural and cemetery organizations, shall determine what part, if any, of the property claimed to be exempt by the organization shall be in fact exempt, and shall place a valuation upon all such property, if any, as shall be found to be taxable. Any organization filing a tax exempt statement, aggrieved at the action of the board of assessors, may ap- peal, within the time prescribed by law for such appeals, to the board of relief. Any such organization claiming to be aggrieved by the ac- tion of the board of relief may, within two months from the time of such action, make application in the nature of an appeal therefrom to the court of common pleas of the county in which such town, city or borough is situated. No individual entitled to exemption under two or more of subdivisions (17) to (23), inclusive, of section 1163, of sec- tions 370c and 371c and of section 328e shall receive more than one exemption. 1927, C. 319, S. 3, 6 1937, S. 329e 1941, S. 160f Sec. 1168 as amended by Sec. 330e. Exemption of soldiers; proof of claim. Any person who shall claim an exemption from taxation un- der the provisions of sections 1163, 370c, 371c and 328e, by reason of service in the army, navy, marine corps or coast guard of the United States, shall give notice to the town clerk of the town in which he shall reside that he is entitled to such exemption. Any person who shall have performed such service may establish his right to such exemption by exhibiting to the town clerk an honorable discharge, or a certified copy thereof, from such service, or, in the absence of such discharge or copy, by appearing before the assessors for an examination under oath, supported by two affidavits of disinterested persons, showing that the claimant so served and received an honorable discharge, and the assessors shall report to the town clerk all claims so established. Any person claiming exemption by reason of the service of a relative as a soldier, sailor, marine or member of the coast guard may establish his right thereto by at least two affidavits of disinterested persons show- ing the service of such relative, his honorable discharge and the rela- tionship of the claimant to him; and the assessors may further re- quire such person to be examined by them under oath concerning such facts. The town clerk shall record each honorable discharge or cer- tified copy thereof and each affidavit presented, and shall list the names of such claimants. He shall receive from each such claimant twenty- five cents for making such list. If any person entitled to such exemp- tion shall change his legal residence, he may establish his right to such exemption in the town to which he shall have removed by filing with the town clerk thereof a certified copy of the proof of exemption in 1923, C. 179, S. 1, 2 1937, S. 330e 176 SOCIAL WELFARE LAWS OF CONNECTICUT the town from which he removed. No board of assessors or board of relief or other official shall allow any such claim for exemption unless evidence as herein specified shall have been filed in the office of the town clerk, provided, if any claim for exemption shall have been al- lowed by any board of assessors or board of relief prior to July 1, 1923, the provisions of this section shall not apply to such claim. Each claim granted prior to July 1, 1923, shall be recorded with those pre- sented subsequent thereto, and a list of such names, alphabetically ar- ranged, shall be furnished the assessors by the town clerk. Sec. 328e as amended by Sec. 258g. Service and ex-service men having disability ratings. Subject to the provisions hereinafter stated, property not exceeding three thousand dollars in amount shall be ex- empt from taxation, which property shall belong to, or shall be held in trust for, any resident of this state who shall have served, or is serving, in the army, navy, marine corps or coast guard of the United States and has a disability rating by the veterans administration of the United States amounting to ten per cent or more of total disability, provided such exemption shall be fifteen hundred dollars in any case in which such rating is between ten per cent and twenty-five per cent; two thousand dollars in any case in which such rating is more than twenty-five per cent but not more than fifty per cent; twenty-five hun- dred dollars in any case in which such rating is more than fifty per cent but not more than seventy-five per cent; and three thousand dol- lars in any case in which such person has attained sixty-five years of age or such rating is more than seventy-five per cent, or, if he shall lack such amount of property in his name, so much of the property be- longing to, or held in trust for, his wife, who is domiciled with him, as shall be necessary to equal such amount. No individual entitled to exemption under this section and under one or more of subdivisions (17) to (23), inclusive, of section 1163 as amended, shall receive more than one exemption. No individual shall receive any exemption to which he is entitled under this section until he shall have complied with section 1171 as amended, and until he shall, in each year in which such exemption is being sought, have submitted evidence satisfactory to the assessors as to his actual disability rating on the assesment day as of which such exemption is being sought, except that proof of dis- ability of perons who have attained the age of sixty-five years need be filed but once. 1931 S. 369c 1933 1937, S. 328e 1939 1941, S. 159f 1943 1931 Sec. 370c. Exemption of property of members of United States Army. Subject to the provisions of sections 1166 and 1171, property to the amount of one thousand dollars shall be exempt from taxation, which property shall belong to, or shall be held in trust for, any resi- dent or non-resident of this state who shall have been in the regular army of the United States on the assessment day and who shall have been detailed by the secretary of war for duty in this state for the in- struction of the Connecticut national guard. Any person receiving the foregoing exemption shall be entitled to an additional exemption of two thousand dollars on tangible personal property belonging to, or held in trust for, him, which property shall lie necessary or conveni- ent for the use of such person in the performance of his official duties, and which property shall consist of military equipment, horses, vehicles and furniture. 1943 Sec. 259g. Exemption of one thousand dollars on property belong- ing to, or held in trust for, resident members of the armed forces. Definition. When used in this act, the words “armed forces” shall in- clude the army, navy, marine corps, coast guard or merchant marine of the United States, or any women’s auxiliary organized pursuant to an act of congress and affiliated with one of said branches of the ser- vice. Effective May 10, 1943. SOCIAL WELFARE LAWS OF CONNECTICUT 177 Sec. 260g. Exemption and proof. Property to the amount of one thousand dollars belonging to, or held in trust for, any resident of this state who is serving in the armed forces either within or without the state shall be exempt from taxation upon satisfactory proof having been given to the tax collector of the town in which he resides that he is entitled to such exemption. Satisfactory proof shall consist of the following: (1) a notice in writing to the collector signed by the per- son claiming exemption and attested to by his commanding officer, evi- dencing actual service and the date of the claimant’s enlistment or in- duction; or (2) a statement in writing from the local draft board or any other duly constituted state or federal agency which maintains an official list of persons in the armed forces, containing information that such person is actually in such service and the date of his induction or enlistment; or (3) a sworn statement in writing, signed by a mem- ber of the claimant’s family who resided in his household at the time of his induction or enlistment, attesting to the facts of his actual ser- vice and the date of such induction or enlistment: or (4) two sworn statements in writing attesting to the actual service of the claimant and the date of his induction or enlistment, signed by persons having personal knowledge of such facts. Upon receipt of such sworn state- ments the collector may further require the persons signing the same to be examined under oath concerning such facts, and the collector may take the acknowledgment under oath of all persons signing sworn statements for the purposes of this act and no fee shall be charged for the same; or (5) when any collector knows of his own knowledge of the actual service in the armed forces of any person residing in the town for which he is collector, and the date of induction or enlist- ment, such personal knowledge shall be considered satisfactory proof that such person is entitled to exemption. Effective May 10, 1943. 1943 Sec. 261g. Application of exemption. Such exemption shall apply to all taxes due or payable after the date of induction or enlistment of the person entitled to exemption, provided said date shall be subse- quent to October 16, 1940. Such proof having been furnished, the tax collector shall promptly record in the proper yearly rate book or books all exemptions to which any such person shall be entitled at the time of submission of proof as determined by the date of his induction or enlistment: and the tax collector shall also keep a permanent list of the names of persons so entitled to exemption, bearing a notation op- posite each name, indicating the method of proof and the date of in- duction or enlistment. A copy of such list, with any additions which may have been duly recorded on the rate books, shall be furnished to the assessors on or before the next succeeding assessment date and such exemptions shall be used by the assessors as their authority for granting exemptions on subsequent assessment lists. If any person shall furnish such proof to the tax collector during such time as the board of assessors shall be in session, the collector shall add his name to such permanent list as herein provided for, and shall forthwith furnish to the board of assessors a supplemental list bearing the name, the method of proof and the induction or enlistment date of the person who has so established his right to exemption. Such supple- mental list shall be used by the assessors as their authority for the granting of exemptions on the current and subsequent assessment lists. Effective May 10, 1943. 1943 Sec. 262g. Waiver of ten per cent penalty. The penalty for failure to file a list provided for in section 1126 of the general statutes shall not apply to the property owned, or held in trust for, any person who has established his right to an exemption in accordance with this act. Effective May 10, 1943. 1943 178 SOCIAL WELFARE LAWS OF CONNECTICUT 1943 Sec. 263g. Refund of taxes. Any person who has so established his right to exemption and who has previously paid a property tax on which he is entitled to an exemption by the provisions of this act shall be entitled to a refund of such part or the whole of such tax, including any money paid as interest or penalty or both, as shall represent the service exemption, upon submitting an application, in writing to the tax collector, containing a statement of the amount of refund claimed and a recital of the facts upon which the claim is based. The amount of such refund shall be determined by such tax collector and certified to the board of selectmen of a town or the corresponding authority of a city or borough or any consolidation thereof, who shall draw an order in favor of such person or of any other person who has paid the tax in his behalf. In the case of a person other than the person entitled to exemption claiming a refund, the written application for such re- fund shall be sworn to under oath. Effective May, 1943. 1943 Sec. 264g. Validation of previous exemptions granted. Any action taken by any officer or board of any town, city, borough or taxing dis- trict, or any consolidation thereof, prior to the passage of this act, wherein such one thousand dollar exemption was granted to a member of the armed forces on a property tax due and payable subsequent to October 16, 1940, is validated. Effective May 10, 1943. 1943 Sec. 265g. Application of unused portion of exemption. If any person who has established his right to exemption in the town in which he resides shall have property in any other taxing district of this state to which any unused portion of such exemption may apply, he may ob- tain the benefit of such unused portion of his exemption by annually making oath before, or forwarding his affidavit to, the assessors of such other taxing district, deposing that such exemptions, if allowed, will not, with any other exemptions which may have been granted by reason of his service in the armed forces, exceed the amount of exemp- tion thereby allowed to such person. Effective May 10, 1943. 1943 Sec. 266g. Failure to furnish proof while in service. Any person who has been unable to receive the exemption herein provided for while in the service of the armed forces and who has receivd an hon- orable discharge therefrom may obtain the benefit of such exemption by personally applying to the collector and furnishing him with the necessary facts to establish his right to exemption. Upon the sub- mission of such facts, his claim for exemption shall be treated in the same manner as if satisfactory proof had been established during his term of service, and the provisions concerning exemption and refund shall thereupon be applicable to him during such term of service. Effective May 10, 1943. 1943 Sec. 267g. Use of exemption limited. No person already receiving an exemption on property belonging to or held in trust for him, by rea- son of his previous service in the armed forces, shall be entitled to an additional exemption under the provisions of this act. Effective May 10, 1943. 1943 Sec. 268g. Scope and duration of act. The provisions of this act are in addition to, and are not intended to repeal, any existing statutes relating to the same subject-matter. This act shall take effect from its passage and shall remain in effect until one year after the cessation of hostilities in the second world war, except that all persons whose names shall appear on the permanent list of those entitled to the one thousand dollars exemption, kept by the tax collector as provided for in this act, shall be considered to have established their rights to all future exemptions as long as they shall remain residents of the town in which their exemptions are recorded. Effective May 10, 1943. 1933 Sec. 371c. Exemption of veterans. Any person who is a citizen of the United States, was in the military or naval service of a govern- SOCIAL WELFARE LAWS OF CONNECTICUT 179 ment allied or associated with that of the United States during the world war, was a resident of the United States at the time of enlist- ment or enrolment in such service, was a member of such service for ninety days or more between April 6, 1917, and July 2, 1921, and re- ceived an honorable discharge therefrom, and who shall have furnished proof of his military or naval service for such period between said dates by having had his honorable discharge certificate or a certified copy thereof recorded by the town clerk of the town of which he is a resident, shall be exempt from liability to pay the personal tax pro- vided for by section 1245 and shall be entitled to the property exemp- tion provided for in subdivision (19) of section 1163. Effective April 30, 1933. Sec. 1171. Exemption only upon submission of evidence. No indi- vidual shall receive any exemption to which he is entitled by any one of subdivisions (18) to (23), inclusive, of section 1163 until he shall have proved his right to such exemptions in accordance with the provisions of sections 1168 and 1169. Exemptions so proved by residents shall take effect on the next succeeding assessment day, provided, if any such exemptions, shall be so proved on any assessment day, such ex- emption shall take effect on such day, and if any such exemption shall be so proved during the remainder of the period allowed by law for the filing of assessment lists, such exemption shall take effect on the assessment day next preceding tile date of the proof thereof. 1927, C. 319, S. S 1929, C. 12 Sec. 400c. Abatement and refund to veterans. Any person who has been unable to receive the exemption provided in subdivisions (18) to (23), inclusive, of section 1163 because of failure to prove such exemp- tion within the time limited by section 1171 may, if he shall have proved his right to exemption in accordance with the provisions of sections 1168 and 1169 within one year after the time so limited by said section 1171, make application to the collector of taxes for abate- men in case the tax has not been paid, or for refund in case the whole tax has been paid, for such part or the whole of such tax as shall rep- resent the service exemption. Such application shall be made within three years of the due date of the first instalment of such tax or within three years after the due date of such tax in case instalment payments shall not have been authorized. Such application shall con- tain a recital of the facts and shall state the amount of abatement or refund requested. The collector shall, after examination of such ap- plication, refer the same, with his recommendations thereon, to the board of selectmen if a town or to the corresponding authority in any other municipality, and shall certify to the amount of abatement or refund to which the applicant is entitled. Upon receipt of such ap- plication and certification, the selectmen or other duly constituted au- thority shall, in case the tax has not been paid, issue a certificate of abatement or, in case the whole tax has been paid, draw an order upon the treasurer in favor of such application for the amount without in- terest which shall represent the service exemption. Any action so taken by such selectmen or other duly constituted authority shall be a matter of record, and the tax collector shall be notified in writing of such action. 1931 Sec. 1207. Refund of tax erroneously collected. The amount of any tax which shall have been collected erroneously from any person who shall have served in the army, navy, marine corps or coast guard of the United States, or from his relative, as specified in section 1163, may be recovered from the municipality to which the same shall have been paid at any time within three years from the date of such pay- ment upon presentation of a claim therefor to the collector of taxes. The collector shall examine such claim, and, upon finding the claimant entitled thereto, shall certify to that effect to the selectmen of such town or other proper official of such municipality. Upon receipt of 1923, C. 179, S. 3 180 SOCIAL WELFARE LAWS OF CONNECTICUT such certification, the selectmen or other proper official shall draw an order upon the treasurer in favor of such claimant for the amount, without interest, to which such claimant shall be entitled. 1918, S. 1159, 1920 1923, C. 88 Sec. 1245. Exemptions. The following-named persons shall be ex- empt from liability to pay the personal tax: Students in colleges and incorporated academies; the active members of fire engine, hook and ladder and hose companies, during their time of service; engineers and memDers of any fire department in any town, city or borough, who have served for five consecutive years in the state, and who were not dishonorably discharged from such department or under charges at the time of their retirement, and who shall produce a certificate of such service signed by the chief engineer of such department or by the fore- man and secretary of the company m which uniformed, armed and equipped, have legally performed military duty during the year next preceding; officers, musicians or privates of any company of the organ- ized militia or the national guard who shall, on or before the twentieth day of October, annually, produce a certificate from the commanding officer of the company to which they belong, that they have performed military duty, uniformed and equipped according to law, dur.ng the preceding year, or have been prevented from so doing by any reason- able cause; any person who shall have faithfully served the full term of three years in the organized militia or national guard and who shall file for record with the town clerk, in the form prescribed by the ad- jutant general, his certificate of honorable discharge or a certified copy thereof; any person who served in the army or navy of the United States and was honorably discharged therefrom, or was discharged on account of wounds or sickness incurred in such service in the line of duty, or an account of the expiration of his term of service, provided he shall have furnished proof of service by having had his honorable discharge certificate or a certified copy thereof recorded by the town clerk of the town of which he is a resident; the widow of any soldier, sailor, marine or member of the coast guard, as long as she shall re- main unmarried; and any regular active member of any police depart- ment and any police officer thereof engaged in regular police duty, which member or officer has served for five consecutive years in the state. 1929, C. 299, S. 4 1935, C. 487c Sec. 1363 as amended by Sec. 402c. Life insurance. The provisions of section 486c shall not apply to the proceeds of any policy of life or accident insurance payable to a named beneficiary or beneficiaries; but the proceeds of any Insurance policy, except one issued by the United States upon the life of a soldier, sailor, marine or member of the coast guard and generally known as war risk insurance, of a decedent pay- able at his death to his estate, the executors of his will or the adminis- tration of his estate, shall be taxable within the provisions of this chapter. 1927, C. 264 S. 1 1929, C. 72, S. 1 1935, S. 767c 1937, S. 624c 1943 Sec. 1942 as amended by Sac. 403g. Definitions. Terms used in this part shall be construed as follows, unless another meaning is ex- pressed or is clearly apparent from the language or context or unless such construction is inconsistent with the manifest intention of the general assembly. “Veteran” shall mean any resident of this state who is an honorably discharged person, who served in or with the military or naval forces of the United States in time of war, in any campaign recognized as such by the war or navy department, or in or with the forces of any government associated with the United States in either world war I or world war II, provided, when the word “vet- eran” shall be used with reference to persons who served in world war I, it shall mean any person who served at any time between April 6, 1917, and November 11, 1918, inclusive, and any person who served with the United States military forces in Russia at any time be- tween April 6, 1917, and April 1, 1920, inclusive, and provided, for the SOCIAL WELFARE LAWS OF CONNECTICUT 181 purposes of this part, service in the Spanish-American war shall be construed to mean service between April 21, 1898, and July 4, 1902, inclusive, and actual participation in hostilities in the Morro Province to July 15, 1903, inclusive, and provided, further, when the word “vet- eran” shall be used with reference to persons who served in world war II, it shall mean any person who served in the active military or naval forces on or after December 7, 1941, and prior to the date of the termination of hostilities as fixed by the United States government, in- clusive, and provided any such person, who was not a resident or resi- dent alien of this state at the time of enlistment or induction into such service, shall have resided continuously in this state for at least two years. “Home” shall mean the home maintained by the state for the care of veterans. “Hospital” shall mean any incorporated hospital or tuberculosis sanatorium in the state. Sec. 1943 as amended by Sec. 768c. Veterans’ Home Commission. The veterans’ home commission shall continue to have the government and control of the veterans’ home and shall consist of eight commis- sioners, all of whom shall be citizens of this state and a majority of whom shall be veterans. On or before July 1, 1937, and biennially thereafter, the governor shall appoint two commissioners for a term of eight years and until their successors shall be appointed and shall have qualified, and he may fill any vacancy which may occur, by appoint- ment for the unexpired portion of the term. Each commissioner shall be sworn to a faithful performance of his duties. The governor may, for a reasonable cause, remove from office any commissioner. The commissioners appointed by the governor shall receive no compensa- tion for their services, but shall be paid their reasonable expenses in the performance of their duties. The commission shall biennially re- port its doings, under oath, to the governor. 1927, C. 264, S. 2, 3, 25 1931 1935, S. 768c Sec. 771c as amended by Sec. 628e as amended by Sec.. 330f. Veter- ans’ relief fund. There shall be a fund known as the “Veterans’ Relief Fund” to be administered as and expended as a separate account by the administrators of the soldiers, sailors and marines’ fund in co- operation with the veterans’ home commission, under such rules and regulations as may be decided upon by said joint body for the purpose of providing temporary financial assistance to veterans eligible for ad- mission to the Veterans’ Home. All expenses of such administration shall be paid from the money appropriated for said fund. The govern- or is authorized to transfer, from time to time, as may be found expe- dient, funds existing in the soldiers, sailors and marines’ fund, the veterans’ relief fund and funds of the veterans’ home commission from one of said funds to any other of said funds. 1933 1935, S. 771c 1937 1939, S. 628e 1941, S. 330f Sec. 773c. Disclosure of property of applicant. Any person who shall have in his possession or control any property of any person ap- plying for or receiving aid from the soldiers, sailors and marines’ fund or the veterans’ home commission, or who shall be indebted to such applicant or recipient or shall have knowledge of any property belong- ing to him, and any officer who shall have control of the books and ac- counts of any corporation which has possession or control of any prop- erty belonging to any person applying for or receiving such aid or is in- debted to him, shall, upon presentation by the disbursing officer thereof or any person deputized by him, of a certificate, signed by him, stating that such applicant or recipient has applied for or is receiving aid from said fund or the veterans’ home commission, make full disclosure to said disbursing officer or said deputy, of any such property or indebt- edness. Such disclosure may be obtained in like manner of the prop- erty or indebtedness of any person liable for the support of any such applicant or recipient. 1935 182 SOCIAL WELFARE LAWS OF CONNECTICUT 1927, C. 264, S. 6 Sec. 1946. Persons entitled to admission. All male veterans shall be entitled to admission to the home; and all veterans, who, from disease, wounds or accident shall need medical or surgical care and treatment or who shall have become mentally ill and who shall have no adequate means of support, shall be entitled to admission to any hospital and to receive necessary food, clothing, care and treatment therein, at the ex- pense of the state. 1927, C. 264, S. 7 Sec. 1947. Admission. Discharge. Transfer. Any veteran desiring care or treatment under the provisions of this chapter shall make ap- plication under oath to the commission; but, if, by reason of his physi- cal condition, he shall be unable to make such application, some other veteran may make such application in his behalf. Said commission shall have sole power to determine whether such veteran is entitled to admission to the home or to a hospital, and such veteran, if admitted, shall, upon application to the commission, receive transportation at the expense of the state from his place of residence to the home or such hospital. No veteran so admitted shall be discharged from the home or hospital except upon the approval of the commission. The com- mission shall have sole power to remove any veteran, whose care and treatment is paid for by the state, from any hospital to another, and shall appoint such agents as are necessary to see that veterans admit- ted to hospitals are receiving necessary food, clothing, care and treat- ment. 1927, C. 264, S. 8 Sec. 1948. Amount to be paid by veteran. The commission shall determine the sum to be paid by such applicants as it may adinit to the home or a hospital, who, in the judgment of the commission, may be able to pay in whole or in part for their support, and fix the amount to be paid for medical and surgical care or treatment, food and clothing furnished such veterans at the home or at a hospital. 1927, C. 264, S. 9 Sec. 1949. Hospital care. Any hospital, upon request of the com- mission, shall furnish any veteran, determined by the commission to be entitled to admission thereto, necessary food, clothing, care and treat- ment therein at the expense of the state, and such veteran shall have preference for admission into such hospital. 1929, C. 302 Sec. 1950. Commitment to United States Veterans’ Bureau Hos- pital. Any court of probate may commit any veteran residing within its jurisdiction, who shall be found by such court to be in need of care and treatment for any mental disease, to the United States Veterans’ Bureau Hospital in this state. Such court shall proceed in making such commitment in the same manner as is provided for the commit- ment of persons to the state hospitals for the mentally ill. The pro- bate fees and other actual costs of such commitment shall be paid by the treasurer, upon the order of the comptroller, to the judge making the cammitment, upon certification by such judge of such fees and costs, and such judge shall disburse the same. The provisions of this section shall not apply to a veteran so committed who may be draw- ing a United States pension at the time of commitment and who has no wife or husband, no child or children under sixteen years of age, dependent upon him or her for support. 1939 Sec. 1285e. Commitment of mentally ill veteran. When it shall appear that any veteran is eligible for treatment in a veterans admin- istration facility and commitment shall be necessary for the care and treatment of such veteran, the court of the district in which the veter- an is found, may, upon receipt of a certificate of eligibility from the veterans administration, and, if the veteran be adjudged mentally ill in accordance with the law, direct such veteran’s commitment to the vet- erans administration for hospitalization in a veterans administration facility. Thereafter such veteran, upon admission to any such facility, shall be subject to the rules and regulations of the veterans adminis- SOCIAL WELFARE LAWS OF CONNECTICUT 183 tration and the chief officer of such facility shall be vested with the same powers as are exercised by superintendents of state hospitals for mental diseases within this state with reference to the retention, trans- fer or parole of the veteran so committed. Notice of such pending com- mitment proceedings shall be furnished the person to be committed and his right to appear and defend shall not be denied. The commitment of a veteran to a veterans administration facility within this state by a court of another state under a similar provision of law, shall have the same force and effect as if guch commitment were made by a court of this state. Sec. 1951 as amended by Sec. 626e. Care elsewhere than in the home. The commission may expend from its general appropriation such sum of money as may, in the judgment of said commission, be necessary to suitably care for and maintain, either at his or her resi- dence or in a hospital or other suitable place in the state, any veteran who is eligible to be admitted to the home and is unable to be removed thereto by reason of illness or accident, until he shall be able to be removed to said home and also any female veteran, provided not more than twelve dollars per week shall be expended for the care and treat- ment of any veteran at any hospital receiving aid from the general as- sembly unless special care and treatment be required, when such sum as determined by the commission may be paid. 1927, C. 264, S. 11 1929, C. 72, S. 3 1937, S. 626e Sec. 1952. Treatment of dipsomaniacs. Any veteran, who, in the opinion of the commission, is entitled to admission to the home and who is a dipsomaniac or so addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, and who is un- able to bear the expense of treatment for any disease, shall be entitled to receive such treatment under the direction of the commission at the expense of the state, but such expense shall not exceed in any one year the sum of two thousand dollars. Any veteran who may wish to avail himself of the benefits herein provided for shall make applica- tion to the commission, which shall have the sole power to grant or refuse such application and prescribe the place where and the condi- tions under which such treatment shall be received. 1927, C. 264, S. 12 Sec. 1953 as amended by Sec. 772c. Support of families of veterans. Upon application to the commission by a widowed mother, wife, hus- band or child or children under sixteen years of age, who are without adequate means of support, of any veteran admitted to the home or any hospital or being cared for under the provisions of section 1951, the commission shall certify to the comptroller an amount not to ex- ceed two dollars per week for each dependent, to be paid monthly to, or for the support of, such dependent, and the comptroller shall there- upon continue to make the payment or payments specified in such cer- tificate until notified by the commission of a change in such amount or a revocation of such certificate. No person for whose account such expenditure is authorized shall be permitted to be an inmate of any almshouse. 1927, C. 264, S. 13 1929, C. 72, S. 4 1937, S. 772c Sec. 1954. Fees for commitment. The probate fees and other actual costs of commitment of veterans who are eligible to admission to the home or to a hospital shall be paid by the comptroller to the judge making the commitment, who shall disburse the same, such fees and costs being taxed and certified by such judge; but the provisions of this section shall not apply to a veteran so committed, who may be draw- ing a United States pension at the time of commitment and who has no wife or husband or child under sixteen years of age, dependent upon him or her for support. 1927, C. 264, S. 14 Sec. 1955. Commission to investigate complaints. The commission shall have full power to investigate all complaints that may be made to it respecting the conduct or treatment of such veterans and for that 1927, C. 264, S. 15 184 SOCIAL WELFARE LAWS OF CONNECTICUT purpose shall have power to compel the attendance of witnesses under oath. If, upon such investigation, the commission shall find that any veteran has not received proper care or has been ill treated or abused by any officer or employee of a hospital, it shall forthwith certify that fact to the proper officer of such hospital who shall cause the offender to be prosecuted, disciplined or dismissed, as the commission shall direct. If no adequate grounds shall exist for such complaint, the com- mission shall certify that fact to the proper officer for such hospital. 1927, C. 264, S. 21 Sec. 1956. Weekly allowance to widows. Weekly allowances, to be determined by the commission, but in no case in excess of the amount required for the support of an inmate of the home, shall be paid by the comptroller for the support and maintenance of the widow of a man who served in the military or naval forces of the United States, in either the civil or Spanish-American war, who had been hon- orably discharged from the same and was a resident of this state at the time of his death; provided any such widow, at the time of making application for such aid, shall be without adequate means of support or by reason of age or disability shall be unable to support herself and provided such widow shall have been married prior to June 27, 1905, if her husband was a veteran of the civil war, or prior to June 1, 1921, if her husband was a veteran of the Spanish-American war and pro- vided such widow shall have lived with such husband continuously from the time of her marriage to him to the time of his death, separ- ations of a temporary or ordinary nature excepted, and that such widow shall be a resident of this state when applying for such aid and shall continue to reside in this state while receiving it. No such widow shall receive aid as provided in this chapter who is receiving aid under the provisions of chapter 99. 1918, S. 1916 1927, C. 264, S. 16 1935, S. 776c 1937, S. 630e Sec. 1961 as amended by Sec. 776c as amended by Sec. 630e. Burial expenses. When any veteran shall die, not having sufficient estate to pay the necessary expenses of his last sickness and burial, the state shall pay the sum of one hundred dollars towards such funeral ex- penses, and the burial shall be in some cemetery or plot not used ex- clusively for the burial of the pauper dead and the same amount shall be paid if the body be cremated, but no amount shall be paid for the expenses for burial or cremation unless claim therefor shall be made within one year from the date of death. No provision of this section shall prevent the payment of the sum above named for the burial of any person, otherwise entitled to the same, on account of such burial being made outside the limits of this state. The selectmen or board of public charities of the town in which such veteran shall have resided or died or is buried shall pay the burial expenses of such veteran, and, upon satisfactory proof by the selectmen or board of public charities to the veterans’ home commission, of the identity of the deceased, the time and place of his death and burial and the insufficiency of his estate, and the approval thereof by the veterans’ home commission, said sum of one hundred dollars shall be paid to the selectmen or board of public charities by the comptroller; provided, in cases of death occurring abroad, application may be made under the provisions hereof after the remains of such deceased veteran shall be brought to this country for interment. Whenever the comptroller shall have lawfully paid any sum toward the expenses of the burial of any deceased sol- dier or sailor, and it afterwards appears that the deceased left any estate, the comptroller may present a claim in behalf of the state against the estate of such deceased soldier or sailor for the sum so paid, and the claim shall be a preferred claim against such estate, and shall be paid to the treasurer of the state. The veterans’ home com- mission, upon the advice of the attorney general, may make applica- tion for administration upon the estate of any such deceased soldier or sailor, if no other person authorized by law shall make such appli- cation within sixty days after such payment has been made by the comptroller. SOCIAL WELFARE LAWS OF CONNECTICUT 185 Sec. 1962 as amended by Sec. 777c. Headstones to be approved by the state. When the grave of any person, who, in time of war, served in the military or naval forces of the English colonies in America, prior to 1776, or the grave of any veteran which is located in this state, shall be unmarked by a suitable headstone, or shall be marked by a bronze marker erected by this state or by a marker furnished by the United States government, the veterans’ home commission shall, upon appli- cation, cause to be erected at such grave a suitable headstone, marked with the name of the deceased, the date of his death and his age, if the same be furnished to said commission, and the organization to which he belonged. The expense of such headstone shall not exceed fifty dollars and shall be paid by the comptroller. Said commission, upon application, may furnish suitable headstones for the graves of persons specifically mentioned in this section, when such graves are located outside the limits of this state, provided the applicant has, prior to shipment, agreed to pay transportation charges to destination and costs of erection of such stone. 1927, C. 264, S. 17, 18 1935, S. 777c Sec. 1965 as amended by Sec. 404g. Temporary assistance. Any honorably discharged soldier, sailor or marine who has served in the military or naval forces of the United States, in the Spanish-American war, the Philippine insurrection, the China relief expedition, the first world war or the second world war, or in the armed forces of any gov- ernment associated with the United States in either of said wars, who is a citizen of this state and who, through disability or other causes incident to such service is in need of temporary financial assistance, may be provided for by the veterans’ home commission by a method similar to that provided in section 121f, the amount and continuance of such assistance to be discretionary with said commission. The widow, each child, parent, brother or sister of any soldier, sailor or marine, who died while in such active service, may be assisted by said commission if such person or persons shall be without sufficient means of support by reason of the death of such soldier, sailor or marine. In carrying out its duties under the provisions of this section, said com- mission is directed to cooperate with such federal agencies as may aid in securing prompt and suitable treatment, care and relief of any such soldier, sailor or marine or his dependents. The records of the agen- cies of the state shall be placed at the disposal of said commission and such agencies are directed to co-operate with and to assist it and its agents in its duties. 1918,, S. 1921 1919, C. 2 1927, C. 26 1935, S. 779c 1937, S. 633e 1943 Sac. 1966. Aid restricted. No person shall receive aid under the provisions of this part who is receiving aid under the provisions of Part II of this chapter, and no person receiving aid under the provi- sions of section 1965 shall receive aid under any other provision of this part. 1929, C. 72, S. 6 Sec. 1967 as amended by Sec. 634e. Trustees. The soldiers, sailors and marines’ fund shall remain as established and shall be in the cus- tody of a board of trustees consisting of the treasurer and the invest- ment committee. Said board shall administer said fund as required by the provisions of this chapter, and shall reinvest the same from time to time in such securities as may be legal investments for trust funds. The interest accumulations of the fund so held in trust, or so much thereof as shall be found necessary to carry out the purposes herein- after stated, shall be paid upon the order of the comptroller, upon such statements as he may require, to the treasurer of the American Legion, which shall disburse the same. Such payments shall be made at such definite and stated periods as shall be necessary to meet the con- venience of the American Legion and said board of trustees; but each payment shall be made upon the order of the treasurer of the American Legion, duly approved by at least two of its executive officers or of a special committee thereof thereunto specially authorized. No part of 1919, C. 336, S. 1 1921, C. 391, S. 1 1937, S. 634e 186 SOCIAL WELFARE LAWS OF CONNECTICUT the interest accumulation of said fund shall be expended for the pur- pose of maintaining the American Legion. 1919, C. 336, S. 2 1921, C. 391 1927, C. 294 1929, C. 182 1935, S. 780c 1937, S. 635e 1943 Sec. 1968 as amended by Sec. 405g. Expenditures. All moneys so paid to and received by the American Legion shall be expended by it in furnishing food, wearing apparel, medical or surgical aid, care or relief to, or in bearing the funeral expenses of, soldiers, sailors or marines who served in any branch of the military service of the United States between April 6, 1917, and November 11, 1918, or between De- cember 7, 1941, and the date of cessation of hostilities as fixed by the United States government, all dates inclusive, or who were engaged in either of said wars in the forces of any government associated with the United States, and who have been honorably discharged therefrom or honorably released from active service therein, and who were citi- zens or resident aliens of the state at the time of entering said armed forces of the United States or of any such government, or to their wives who are living with them, or to their widows who were living with them at the time of death, or dependent children under sixteen years of age, who may be in need of the same; and to or of any woman who was reg- ularly enlisted in any branch of the army, navy or marine corps dur- ing either of such periods and who was honorably discharged there- from. All such payments shall be made by the American Legion under authority of its by-laws which by-laws shall include provisions for the determination of persons entitled to such aid and shall be approved by the board of trustees, provided not more than twelve dollars per week shall be expended for the care and treatment of any person entitled to the benefits provided for herein, at any hospital receiving aid from the general assembly unless special care and treatment shall be re- quired, and provided the sum expended for the care or treatment of such person at any other place than a state-aided hospital shall in no case exceed the actual cost of supporting such person at Pitch’s Home for the Soldiers, unless special care and treatment be required, when such sum as may be determined by the treasurer of such organiza- tion may be paid therefor. The treasurer of such organization shall account to said board of trustees during the months of January, April, July and October for all moneys disbursed by it during the three months next preceding the first day of either of said months, and such account shall show the amount of and the name and address of each person to whom such aid shall have been furnished. Upon the com- pletion of the trust provided for in section 1967, the principal fund so held by said board of trustees shall revert to the treasury of the state. 1919, C. 336, S. 4 Sec. 1970. Certain persons excepted. No person shall receive aid or assistance under the provisions of this part who is receiving aid under the provisions of section 1965. 1918, S. 3020 Sec. 2962 as amended by Sec. 1254c. Resident veteran may sell without license. No town, city or borough shall require a license fee from any resident of this state who shall have resided within the state for a period of two years next preceding the date of application for such license and has served in the army, navy, marine corps or coast guard of the United States in time of war, or during the Philippine in- surrection or China relief expedition, and received an honorable dis- charge therefrom, for the privilege of buying, selling or vending goods, wares or merchandise within its limits; provided lapel pins, buttons, flowers, small flags and similar novelties and books and magazines shall not be construed to be goods, wares or merchandise within the meaning of this section. Each such town, city or borough may defer issuance of such license for a period not to exceed seven days for the purpose of investigation. Each such soldier, sailor, marine or member of the coast guard engaged in any of said occupations shall produce his discharge, certificate of honorable discharge from the service or a copy thereof certified by the town clerk from the records of the town SOCIAL WELFARE LAWS OF CONNECTICUT 187 where such discharge or certificate of discharge is recorded as pro- vided in section 1168, for inspection, together with a certificate from the town clerk that the applicant is a resident of the state, upon the demand of any proper officer of any town, city or borough in which he may be pursuing any of said occupations and, if he shall fail to do so, he shall not be entitled to any privilege under this section. Any per- son who shall make a false representation for the purpose of avail- ing himself of the privilege of this section shall be fined not more than twenty-five dollars. Sec. 2994. Headstones at soldiers’ graves. No cemetery association shall make or enforce any by-law, order or regulation prohibiting the erection of any tombstone or headstone provided by the state or other- wise, at the grave of any soldier, sailor or marine buried in such cem- etery. Each association or officer thereof who shall violate any pro- vision of this section shall be fined fifty dollars. 1918, S. 3046 Sec. 1283e. Administrator of veterans’ affairs. Party in interest. The administrator of veterans’ affairs, created by act ot the congress of the United States, or his successor, shall be a party in interest in any proceedings brought under any provision of the general statutes for the appointment of a guardian of a veteran of any war or other beneficiary on whose account benefits of compensation, adjusted com- pensation, pension or insurance or other benefits are payable by the veterans administration, and said administrator or his successor shall be an interested party in the administration of the estate of any such ward on whose account such benefits are payable or whose estate in- cludes assets derived from benefits paid by the veterans administra- tion, its predecessor or successor, and written notice shall be given by registered mail, unless waived in writing, to the division of the office of the veterans administration having jurisdiction over the area in which the court is located, of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the veterans administration. Such notice shall be given at such time as to reach such office in due course of mail not less than ten days before the date of such hearing or other proceeding. 1939 Sec. 1284e. Copies of probate records to be furnished. Whenever a copy of any probate record shall be required by the veterans admin- istration to be used in determining the eligibility dt any person to participate in benefits made available by said veterans administration, the offical charged with the custody of such public record shall, without charge, provide the applicant for such benefits, or any person acting on his behalf, or the authorized representative of such veterans admin- istration, with a certified copy of such record. 1939 Sec. 5588. Depositions of soldiers or sailors. The court in which any suit may be pending, and any judge of such court in vacation, may issue a commission to any person in the military or naval service of the United States, authorizing him to take the deposition of any person in such service to be used as testimony in such suit, and such com- missioner may administer the requisite oath. Such deposition shall be taken by interrogatories on the part of the party taking the same, of which reasonable notice shall be given to the adverse party, and cross- interrogatories by such adverse party, with like notice to the other side. The commission, with the interrogatories and cross-interroga- tories, shall be forwarded to the commissioner, who shall make return' of his proceedings to the court, under seal, addressed to the clerk of such court, if there be one, otherwise to the judge. 1918, S. 5712 Sec. 5791 as amended by Sec. 1672c. Exempt property. The fol- lowing property shall be exempt and not liable to be taken by warrant, attachment or execution: Of the property of any one person, his nec- 1918, S. 5943 188 SOCIAL WELFARE LAWS OF CONNECTICUT essary apparel, bedding and household furniture, any arms and mili- tary equipment, uniforms or musical instruments owned by any mem- bers of the militia for military purposes, any pension moneys received from the United States while in the hands of the pensioner, implements of the debtor’s trade, his library not exceeding five hundred dollars in value, any number of sheep not exceeding ten nor exceeding in all one hundred and fifty dollars in value, two swine and poultry not exceeding twenty-five dollars in value; of the property of any one person having a wife or family, two tons of coal, two hundred pounds of wheat flour, two cords of wood, two tons of hay, five bushels each of potatoes and turnips, ten bushels each of Indian corn and rye or the meal or flour manufactured therefrom; one boat, owned by one person, and used by him in the business of planting or taking oysters or claims, or taking shad, together with the sails, tackle, rigging and implements used in such business, not exceeding in value two hundred dollars; one sew- ing machine, being the property of any one person using it or having a family. SOCIAL WELFARE LAWS OF CONNECTICUT 189 APPENDIX Opinions of the Attorney General I Attorney at Law cannot be required under the provisions of Section 1725 of the General Statutes to disclose to a representative of the Commissioner of Welfare information concerning a client’s fina- ncial affairs where his information is obtained as a result of a confiden- tial communication to him by his client. Dated July 6, 1935 II If conditions required under Section 1904 of the General Stat- utes, Revision of 1930 are fulfilled, warden may detain inmate until medical officer or physician shall report that such inmate may be dis- charged without danger to public health. Dated February 13, 1935 III Children under the care of towns or in the county homes un- der the age of six are receiving proper care and, therefore, would not be neglected or uncared for children. The word “neglected” as used in this particular legislation means there has been a failure to attend due care and there has been an avoidance or disregard of a duty and an uncared for child would be one who is not receiving proper car© and attention is not being properly watched, fostered or guarded, or there has been a lack or absence of watchful attention, whereas any child who is receiving proper care from a public organization would not be classified as neglected or uncared for. The jurisdiction of the Bureau of Child Welfare under this particular legislation ceases when the child reaches the age of four- teen. A court may revoke the commitment upon finding the cause for commitment no longer exists and upon such revocation all control of the Bureau of Child Welfare over such child terminates. Dated June 13, 1933 IV Public Welfare Council may use discretion with reference to inspection of County Homes, under provisions of Sec. 713c of 1935 Cumulative Supplement to the General Statutes. Children in County Homes are included with children under six years of age under provisions of Sec. 721c of the 1935 Cumulative Supplement. Commissioner of Welfare cannot be member of Board of Management of County Homes when member of Welfare Council has been chosen under provisions of Sec. 1874 of the General Statutes. 190 SOCIAL WELFARE LAWS OF CONNECTICUT Commissioner of Welfare has authority to inspect County Homes as required by Sec. 713c of the 1935 Cumulative Supplement and Sec. 1914 of the General Statutes, when not chosen a member of Board of Management. Children in County Homes under guardianship of Board of management require care, protection and discipline of State. Dated October 15, 1937 V The Commissioner of Child Welfare may give a child in adoption in accordance with the statute authorizing legal release by the parents or former guardian. Dated July 2, 1935 VI The Commissioner of Welfare having consented to the adop- tion of a child belonging in the classification of Section 726c of the Cumulative Supplement of 1935, the approval of the Public Welfare Council should be signified by the personal signature of a majority of the entire Board, to wit: at least three of the members thereof. Dated February 17, 1936 VII Chapter 301 of the Public Acts of 1935 (Sec. 692c of the 1935 Cumulative Supplement to the General Statutes) does not give town, city police or borough courts the right to transfer cases of persons be- tween the ages of sixteen and eighteen years from their jurisdiction to the jurisdiction of juvenile courts. Dated July 9, 1935 VIII Juvenile Court may not commit children directly into the care and custody of the Commissioner of Welfare or to the Division of Child Welfare. Dated March 26, 1936 IX Child takes settlement of father, if legitimate, and of the mothed, if illegitimate. Legitimacy presumed even though parents are living apart. Dated August 11, 1937 Aid furnished family in Massachusetts does not bar father from acquiring settlement in a town in this state. Dated August 18, 1937 A person who maintains himself and family from income re- ceived from the P. W. A. is not a pauper within the meaning of our law. He is not a public charge, and may acquire settlement while re- ceiving such income. Dated May 17, 1938 SOCIAL WELFARE LAWS OP CONNECTICUT 191 X The counties are entitled to receive from the state the actual expenses up to three dollars and fifty cents per week for each child living in free homes. Dated February 14, 1939 XI Welfare commissioner is not obligated to pay funeral expen- ses of all old age assistance beneficiaries . . . but only in those cases where he in his discretion believes a need for such payment to exist. Dated July 8, 1937 XIa ... a claim of the state for reimbursement for old age assist- ance payments has priority over all unsecured claims or charges us- ually allowed as preferred claims, except#those specifically mentioned in said subsection (b), i. e., 743 ss b. Dated May 21, 1940 XII . a board of management of a county temporary home has the power to discharge unconditionally to the custody of the par- ents when all facts in connection with the case would seem to justify this action.” . . a county ward who enlists in the U. S. Navy at the age of seventeen years is still under full guardianship of the board of man- agement of such county home unless such guardianship has been trans- ferred as provided therein, or unless he has been discharged by said county home.” “. . . the commitment of a county ward by a juvenile court to a State institution for delinquency automatically releases such ward from county custody.” “. . . when a juvenile court commits a county ward to any State institution for delinquency such ward is under the control and guardianship of the institution to which such ward is committed until such ward reaches the age of twenty-one years unless transferred or discharged.” Dated October 8, 1942 XIII Persons receiving Old Age Assistance are included within the provisions of the act. Dated August 3, 1939 XIV When children committed to County Homes are supported, either in whole or in part, at the expense of the town of legal settle- ment of the parents or at the expense of the town where the parents may be residing, such parents would not gain a new settlement in a town in this State to which they may remove as such parents would not have maintained themselves for a period of four years without be- coming chargeable to either town. Dated November 7, 1934 192 SOCIAL WELFARE LAWS OF CONNECTICUT XV Children take settlement in the town where parent or parents reside at the time of birth. Dated January 20, 1936 XYa . . county commissioners are not responsible under the provisions of section 706c, for the payment of the total cost of the education of children placed out at the St. Francis Orphan Asylum who attend the Highland Heights School.” Dated August 24, 1943 XVb Section 1688 of the general statutes does not apply when one of the parties, at the time of marriage, was receiving public assistance in another state. Dated September 25, 1939 XVc Not the intention of the Legislature to prevent a person from gaining a settlement in Connecticut while a member of his family was receiving public relief in another state. Dated September 25, 1939 XVd “. . . In the absence of express statutory provision, a mar- ried woman, coming to Connecticut from another State cannot gain a settlement by commorancy. This also applies to other persons who are Non Sui Juris.” Dated January 1943 XVI 1. Not mandatory in reference to its administration by select- men of the town. 2. It is retroactive in that a town may claim reimbursement for aid given prior to enactment of this section. 3. The words “board of selectmen” as used in Section IlOe cannot be interpreted to mean “other relief administrators.” 4. An Old Age Assistance lien will take precedence over a lien filed under Section IlOe when filed subsequent to a lien filed un- der said Section IlOe. Dated August 25, 1939 XVII Immunities granted by the State Board of Pardons may affect a judgment or sentence of the courts. Dated August 5, 1938 XVIII The desertion of a wife by her husband would not free her from the duty of supporting him if he has become poor and unable to support himself, and if able to support her husband upon a reasonaWe standard of health, he would not be eligible to old age assistance award. Dated February 18, 1936 SOCIAL WELFARE LAWS OF CONNECTICUT 193 XIX Private Hospitals and homes operated for pecuniary gain are not institutions within the intendment or meaning of Chapter 99a of the Cumulative Supplement to the General Statutes 1935. Dated December 14, 1936 XX The Bureau of Old Age Assistance may make an award to an applicant who has legally liable relatives financially able to sup- port him. Where the legally liable relatives are non-residents and do not own property within the state against which the liability might be enforced. The words “resident” and “reside” are used in the Old Age Assistance Act in the sense of actual place of abode with actual physi- cal existence within the state, concurrent with an intention to remain therein, or if absent, temporarily, to return thereto. Dated October 10, 1935 XXI Persons under conservator should sign and swear to applica- tion if he has sufficient intelligence to understand the conditions there- of, and a just appreciation of the obligations of an oath. Dated January 22, 1936 XXII Check received by beneficiary, who dies at expiration of week for which payment is due, constitutes payment, and may be negotiated by executor or administrator. Delivery of check is completed when deposited in mail at re- quest of beneficiary. Assistance warrants are governed by law applicable to checks. Dated April 8, 1937 XXIII Inmates of Norwich State Hospital are not to be included as part of the population of the town of Preston for the purpose of com- puting the basis of the town’s share towards the Old Age Assistance tax . The same conclusion and reasoning will apply for penal institutions such as Cheshire Reformatory and the State Prison, and for all county charitable institutions. Dated August 29, 1935 XXIV Town may not deduct the cost attendant on collection in ap- portionment of old age assistance tax. Dated April 28, 1936 194 SOCIAL WELFARE LAWS OP CONNECTICUT XXV Under the provisions of Section 757c of the Cumulative Sup- plement each person between the ages of twenty-one and sixty years inclusive, residing in each town in this state on the first day of Octo- ber, 1936, shall pay the old age assistance tax of three dollars. The chief executive authority in such town may abate the tax in accordance with Section' 761c of the Cumulative Supplement to the General Stat- utes. Dated October 21, 1935 XXVI Special Old Age Assistance Tax collector is not independent of regular tax collector, but is rather his agent. Tax collector must file an additional old age assistance bond in addition to his regular bond. Dated July 23, 1935 XXVII Mentally ill persons—commitment; discharge on ground of restoration to reason terminates commitment, but release on parole for a period not exceeding six months does not operate as discharge; no extension of temporary commitment authorized. Dated March 1, 1934 XXVIII Mentally ill patients at one State Hospital may be transferred to another State Hospital, (1) upon application of the *State Agent or Superintendent of the institution where committed to the court of commitment, and by order of such court after hearing; (2) by order of the Governor; and, (3) by agreement of the Superintendents of the respective institutions. Such transfers would always be subject to review by a court of competent jurisdiction upon proper application. Dated February 22, 1933 XXIX Parole Board has authority to parole **** into custody of ♦State Agent for the purpose of transfer to the Worcester State Hos- pital. Dated February 28, 1939 XXX The State Board of Pardons has power and jurisdiction, ir- respective of the degree of the offence or term of punishment imposed, to grant pardons or other relief to person whose sentence was other than confinement in State Prison. This power and discretion applies to jail sentences. Dated May 9, 1936 XXXI “. . . an applicant for Old Age Assistance who is being tem- porarily hospitalized, is not an inmate of such hospital and is entitled to be granted an award and to receive payments while being thus hos- pitalized.” Dated March 26, 1942 * The State Agent is now the Commissioner of Welfare. * State Agent has become the Commissioner of Welfare and the Worcester State Hospital is a hospital outside of the State of Connecticut. SOCIAL WELFARE LAWS OF CONNECTICUT 195 XXXII . . Sections 1751 and 1771 refer to different subject mat- ters, they are not in conflict, and can be read together. The legisla- ture did not, by implication, repeal section 1771, and, therefore, both statutes are in full force and effective. Therefore, section 1751 does not authorize the transfer of patients between institutions who have been committed by city and police courts, even though the crime in- volved may be a petty offense.” Dated June 29, 1943 XXXIII “. . . the term ‘any common jail’ means any county jail es- tablished under section 2005 of the General Statutes but does not in- clude a temporary place of detention such as a police station or lock- up.” “. . . sections 1752, and 1753 apply only to those persons who have been convicted and sentenced for a crime to a common jail and who have become insane while confined therein. Persons committed for trial to a county jail or binding over process, mittimus, bench war- rant or appeal, who become insane may be committed to a hospital for the insane under the provisions of section 6431 of the General Statutes as amended by section 1722c of the supplement to the General Stat- utes.” “. . . a person confined in a common jail who becomes vio- lently insane may not be admitted to a state hospital for the insane on an emergency certificate.” Dated April 10, 1942 XXXIV A probate court has jurisdiction with reference to the com- mitment to the Mansfield State Training School and Hospital or the Southbury Training School of a person who is residing in a private or public institution, or a private home in a town within the jurisdiction of said probate court if the said person has settlement in another town outside of said court’s jurisdiction. “. . . (1) in case of a pauper application must be made by the selectmen of the town in which such person actually resides and (2) in all other cases applications may be made either by the selectmen of the town in which such person actually resides or by any relative, guardian or the Commissioner of Welfare.” Dated March 4, 1942 XXXV . . When a child is taken from the Board of Management of a temporary home or the Commissioner of Welfare and committed to either the Mansfield State Training School and Hospital or the South- bury Training School the superintendent of the institution to which such child is committed is the legal guardian of such child to the ex- clusion of the said Board of Management or the Commissioner of Welfare.” . . The Commissioner of Welfare or the Board of Manage- ment of a temporary home has no responsibility for the care or pay- ment of board of a child committed to either the Mansfield State Train- ing School or the Southbury Training School.” Dated June 30, 1942 196 SOCIAL WELFARE LAWS OF CONNECTICUT XXXVI The furnishing of federal commodities to a person is no bar to the acquiring of a settlement by him in the town in which he resides. Dated August 24, 1942 XXXVII . . Municipal courts, the court of common pleas or the superior court may not commit to the Connecticut Reformatory offen- ders who are more than twenty-five years of age.” Dated July 30, 1943 SOCIAL WELFARE LAWS OF CONNECTICUT 197 INDEX Page Abatement and refund of taxes, .. 83 veteran 83, 179 Administration, county publication annual statement 16 Administrator, veterans’ affairs ... 187 Admission to Home, persons en- titled to, veterans 182 Adopted persons, birth certificate . 45 Adoption, approval and effect of 23. 43 husband and wife to join in .... 44 implied ancty express revocation of will 47 order of distribution (estate) sub- sequent joinder for 47 Adults, adopted husband or wife to consent to 47 adoption of 46 aid for. Education of the Blind . 129 Aged, assistance for (See Old Age Assistance) 85 homes for 16 Agents, Child Welfare, authoriza- tion of 20 Aid, application for: Old Age Assistance 85 agreements with other states .. 89, 97 aid inalienable 89,98 amendment or repeal 90 application 87, 96 applications, not required when . 98 collection of moneys 91 commissioner of welfare to adopt regulation 86,96 cost of aid, how paid 95 court orders in re charge of child 98 definitions 95 discontinuance of aid 97 eligibility 85, 95 extent of aid 95 federal 61 forms 96 hearings 87, 97 witnesses 97 inspection of homes 97 investigations 96 not required when 98 modification of aid 97 payments 88, 97 to dependent children 95 penalties 98 records 96, 98 use of public buildings 89 repeal of chapter concerning wid- ow’s aid 98 settlement while receiving aid ... 98 Aid restricted, veterans 185 Page Almhouses 67, 71 children not to be in 34 Anatomical purposes, bodies for .. 64 Appropriations, additional by coun- ties 38 federal 11 hospitals 3 Articles unclaimed 6 Assessors, determine exemption vet- erans 175 Assistance, temporary 185 Asylum, word “asylum” to be sub- stituted by, “hospitals for men- tally ill,” etc 99 Asylum for deformed 13 Authority, Old Age Assistance, chief executive 95 Bail 28 Bastard 47 continued liability for 48, 50 concealment of birth of 52 secret delivery of 52 Bastardy case, settlement of 49 what consent essential 49 Biennial reports, state and state- aided agencies 4 Birth certificates 45 Blind, aid to 89, 129 Board of Education of 128 meetings 128 powers and duties 128 power to receive bequests 129 secretary 128 treasurer 128 compensation 128 employment and aid of 129 exemption from license fees ... 130 exemption from property tax ... 82 where made 82 instruction in useful occupation of trade implements 130 instruction by the state of 128 licensing dogs of 131 license to sell own work 131 proof to be filed for exemption . 83 reciprocal agreements: commissioner authorized to en- ter into agreement for 89 sales and service fund 130 seeing eye dogs 131 testing eyesight of 127 use of certain canes by 131 Board, Pardons, attendance of wit- ness and sheriff 156 Boards, Welfare, advisory 67 Bond, failure to make payments on 54 forfeited in non-support cases ... 54 Burial expenses, veterans 184 198 SOCIAL WELFARE LAWS OF CONNECTICUT Page Care, elsewhere than in the Home, veterans 183 Certificate, birth 7, 8, 45 Child Welfare: authorizations of agents 20 definitions ' 24 deputy in charge 11 investigation of boarding homes for children by 20 revocation of license by 20 special officers 58 supervision over 21 Children, abandonment of 50 abduction of 51 adoption of, committed 23,43 causing dependency or delinquen- cy of 53 commitment of, restricted 11,37 cost of children in institutions, ap- portionment of 37 crippled 73 custody of 21, 59 whom court may assign to either party 60 orders relative to divorce, ali- mony 60 void marriages 60 definitions • • • 24 father and mother joint guardians of 38 female, assault with intent to car- nally know 53 female, rape and carnal abuse of 52 ill treatment of 23 in boarding homes, license for .. . 20 non-resident 57 reimbursement for 57 non-resident in county homes ... 57 reimbursement for 57 placement of in boarding homes under six years of age 22 placement of in foster homes .... 21 placement from another state .... 20 physically handicapped, registra- tion of 24 reports filed by custodians of .... 21 reporting physical defects of .... 135 search when cruelty is suspected 56 soldiers, sailors and marines .... 174 taking away or enticing of 51 temporary commitment of 58 when sole custody of given to mother 59 Closing, billiard and pool rooms .. 55 Commission, veterans 181 investigation of complaints by 183 Commissioners, removal of 17 Commitment, correctional institu- tions 11,12,35,59 appeals 12 county homes or schools 31 Page county homes, children who shall not be 33 county homes for dependent chil- dren 31 court records 11 uniform forms 11 service of process 99 Commitment, hospitals for mental disease 99 after expiration of specified period 103 hospitals, veterans 182 institutions for Women and Girls 138 mentally ill, admission without commitment 112 mentally ill, paupers 102 reopening of 12 veterans 182 U. S. Veterans Hospital 182 Complaint, bastardy, by mother ... 48 Complaint, investigated by Veter- ans Commission 183 Compromise, by selectmen, in bas- tardy suit 50 Connecticut Humane Society, offic- ers, agents to have certificate or badges 58 Connecticut State Farm for Women 138 authorized to receive gifts 138 children in 141 Construction, governor authorized to accept federal grants for .. 5 Contract, support, Commissioner of Welfare may make 34 with towns, Commissioner of Welfare may make 34 Corpse, pauper 70 Counties, additional appropriations by 38 administration, publication annual statement 16 County Homes, appeals from com- mitments to 12, 31 children in 57 children who shall not be com- mitted to 33 extra school expense of town or district for 36, 37 location of 30 management of 31 notice of hearing 32 parents to contribute to children’s support in 36 placing children under four in .. 34 physical and mental examination of children before commitment to 32 powers of managers for 31 earnings of minors in 31 reimbursed by counties for school expenses at 37,57 religious instruction at 36 SOCIAL WELFARE LAWS OF CONNECTICUT 199 Page removal of children 37 penalty '. 37 return of children to 35 revokement by court of commit- ment to 34 transfer of minors 33,35,36 school books and apparatus 37 Creditors, expenses for prisoner ... 161 Crematories 9 Criminals, executed 166 disposal of bodies of 166 Criminal offense, kidnapping 51 rape and carnal abuse of a fe- male child 53 Crippled children 73, 126, 135 care of 73, 126 transportation of 126 Crippled, gifts and donations to vo- cational rehabilitation 127 definitions of 126 federal aid for 127 Deaf 132 Defective delinquents, segregation of 145 Definition veterans 180 Deformed, asylums for, when pro- hibited 13 Delinquency of children, causing ... 53 Delinquents, defective, segregation of 145 Dependency of children, causing .. 53 Dependent children 95 application for aid for 96 federal aid for 95 form of contract for 34 private care of 34 Dependents of soldiers and sailors 67 Depositions, veterans . 187 Detention Homes 11 Dipsomaniacs, veterans 183 Directors, State and State-Aided Agencies 1,2 attendance 2 Disability ratings, exemptions 176 veterans 176 Discharges, T. B. Sanatoria 125 Disclosure of property of applicant veterans 181 Diseases, communicable 5 control of in institutions 134 DispensarieSj false representations to 137 Education of Blind, board meetings 128 children, of veterans 174 Electors, paupers 78 voting residence of pauper 78 who may be admitted 77 Employment, communicable diseases a bar to 135 Escape, aiding, from certain insti- tutions 13 penalty 13 Examination for Veneral Disease 52 Page Exemptions from attachment veterans 175 Exemptions from taxation, asses- sors to determine 175 Exemptions from taxation, veterans 176, 180 Expenses, administrative, Old Age 89 Families, veterans, support of 183 Federal grants for new construction 5 governor authorized to accept ... 5 Feeble-minded, conservators for when supported by state 106 Fees, for commitment, veterans ... 183 records of vital statistics at state institutions, paid by state 8 salaries, probation officers 171 Felony 50 Fiscal years 2 Fuel, jails 158 Funds, federal 5, 61, 134 Funds, institutions 5,6 veterans (soldiers, sailors and ma- rines), administration of 181 Gifts, Connecticut State Farm for Women, authorized to receive.. 138 Governor, authorized to accept fed- eral grants 5 reports made to 4 war powers of 1 Graves, veterans 171 identification of 185 Guardian, ad litem 41 appointment of, removal 38,40 bond to be filed by 41 for estate, appointment of 40 foreign, to remove proceeds of sale 42 foreign, to remove ward’s per- sonal property 42 inventory of ward’s property to be filed by 41 minor’s property to be received only by 40 testamentary 41 Headstone, veterans 187 Health, Commissioner of 133 powers and duties 133 Health department, bureaus of .... 134 reports to 134 information to local authorities by 134 Homes, aged 16 boarding, for children 20,21 license on 20, 21 county, children in 34 detention 11 veterans: admission to 182 discharge from 182 payments to 182 transfer to 182 Hospitals, appropriations for ... 3,126 Hospital care, veterans 182 Hospitals, commitment to what ... 104 200 SOCIAL WELFARE LAWS OF CONNECTICUT Page county aid for 18 licensing of 110 for mental illness, jurisdiction of commitment to 100 patient at own request may be detained at 103 penalty for conspiring to com- mit any person to 103 penalty for keeper of 113 power to sue 115 psychiatric attendants 115 visits to patients in 109 voluntary patients at 117 Imbeciles and epileptics, marriage of 119 procuring or aiding such marriage of 120 Improper amusements, children pro- tected from 54 Inalienable awards, Old Age As- sistance 89 Indians, overseer of 9 Indigent person, forfeiture for bringing into a town 64 Inebriate asylums, officers to as- sist managers of 117 Inebriate, estate of, liable for sup- port at asylum 117 and dipsomaniacs, on probation release of, discharge 116, 117 Infants, blindness among 132 penalty for boarding 59 persons boarding 58 persons boarding to notify select- men. Inspection by selectmen 58 Institutional Funds 5, 6 Institutions, commitment to, other than County Homes for Depen- dent Children 35 contracts with, compulsory attend- ance 129 detention of after expiration of sentence of inmates of 166 land 1 Institutions for Men and Boys, com- mitments to; uniform forms.. 149 compensation for injuries of in- mates of 138 Connecticut School for Boys 152 transfer from 150 conveyance of articles to inmates of 152 deaths 9, 14 definition of 145 directors, appointment of 145, 153,154 directors, powers and duties 145,153,155 discharge of paroled prisoner from, Parole. Violation ... 150,167 escape from officer; penalty 151 industrial fund 148,153, 155 jail or prison, transfer to 151 purpose 152 Page reformatory, commitments to ... 149 reformatory, deaths in 14 reformatory, transfers from coun- ty jails 150 religious instruction at 13 superintendent and other officers 148 superintendent; powers and du- ties 148 supplementary penalty not to be imposed at 150 trustees 153 warrant of commitment to 150 execution of 150 what courts may sentence to re- formatory 150 Institutions for mentally ill, licens- ing of HQ Institutions for Women and Girls 138 compensation for injuries of in- mates of 138 deaths in 14 directors, appointment 142 directors, invest donation fund .. 143 discharge of inmates 143 discharge, transfer 144 duties of directors in 142 employment outside of 144 escape of inmates from 13 fees 145 female attendants for 144 girls over sixteen, commitment .. 144 guardian of inmates'for 142 House of Good Shepherd, support at 145 management of 138 parole from 144 paroled inmates of 140 penal and other institutions 141 transfer to 141 power of directors of; report .. 138 religious instruction at 13 State Prison for Women, trans- fer to and from 142 superintendent of, Sec. 1799 139 superintendent of. Sec. 1811 143 transfer of inmates from 141, 143 who may be admitted to 139 Insurance, life 180 veterans 180 Interest in real estate, old age 86 Jailer, sheriff 157 Jails, County Commissioners may discharge from 161, 162 duties of masters of 161 fuel and bedding in 158 indeterminate sentence in 162 labor for fine and costs in 158 liberties of 159 location of 157 poor debtor's oath 159 poor debtor’s oath, second appli- cation 160 SOCIAL WELFARE LAWS OF CONNECTICUT 201 Page prisoners on civil process 159 returns 17 review on application of creditor of prisoners in 160 sentence commutation for good behavior in 159 sexes to be separated in 161 sick nrisoners. provision for .... 158 supplies, may be provided by pris- oners 158 support of prisoners in 161 workhouses, town 161 Juvenile Courts, appeals 26 appointment 25 arrest 28 cases pending 27 commitments to 29 to be indeterminate. Reopening 29 constitutionality of chapter on ... 27 custody pending disposition 28 definitions of 24 enforcement of orders of 30 establishment of. Districts 24 investigation for 29 judges, appointment and term ... 25 jurisdiction of 27 jurisdiction of re: binding over cases to other courts from 27 officers of 25 petitions 26,27 Probation staff, qualifications of 26 proceedings inadmissible as evi- dence in criminal procedure ... 30 religious faith. Service of com- mitments process 30 reports of commitment to 29 staff 26 temporary detention places ...... 28 Labor, prisoners, allowance for ... 164 License, boarding homes for chil- dren 20 hospitals by state department of health 126 Long Lane School 142 Marriage, licenses for 136 Maternity Care, Wives of Members Armed Forces 134 Mental defectives, application for commitment 119,121 conservators for mentally ill or feeble-minded persons, support- ed by the state 106 effect of chapter 123 escaped, criminal process for re- turn 122 Mansfield State Training School and Hospital, commitment to.. 119 maintenance of inmates 118 purpose of 117 rules and regulations of 118 parole from 118 transfers from 119 Page trustees; appointment: powers and duties. Superintendent ... 117 Southbury Training School 121 Mental defectives, narole of 122 recommitment of 142 Mentally handicapped, operations to prevent nrocreation permitted in certain institutions 120 penalty for unlawful operations to nr event procreation 120 Mentally ill. accused of crime, sup- port of 106 Mentally ill, acquitted after sentence to institution 114 admitted without commitment ... 112 aiding escape of 113 appeal 108 charged with crime not affected by Sec. 1771 113 commitment suspended on bond for confinement 109 commitment by judge. Superior Court 110 commission to inquire whether person is wrongly confined .... 110 communication with friends in writing HO conservators for. when supported by the state 106 convict, detention of after his term, expense, discharge of 108, 152 removal from jail to hospital of 107 removal to town of residence of 109 transfer to hospital of 166 defendant, order for support of . 113 definitions of 99 disposition of person who becomes mentally ill after sentence of death 155 disposition of person upon expira- tion of term 115 entries and memoranda of, and incapable persons 113 escaped, recommitment of 104 examination of accused who ap- pears to be 113 expenses for hospital district board of 100 expenses to be paid by whom, for 104 fees, compensation and costs ... 112 female, attendant to be provided for 108 indigents, commitment of 102 information about 100 patients, parole; temporary ab- sence, entitled to writ of habeas corpus 103 paupers 102 commitment of 102 support of 104, 113 payment in state hospitals for sup- port of 104,106 202 SOCIAL WELFARE LAWS OF CONNECTICUT Page pending appeal, court may direct as to care of 109 poor, contract for support of . . 104 proceedings upon complaint .... 100 restraint pending proceedings, necessary evidence 100 recommitment of escaped 104 reimbursement of state, town or city for support of 105 release or removal. Procedure ... 102 Mentally ill release and transfer of from humane institutions 107 sentenced under preceding section, release of 114 service of process in actions of or feeble-minded 109 transfer by agreement 107 word “insane” shall be substi- tuted by “mentally ill”, etc 99 Mental illness, court records .... 99, 100 commitment 99,100,109, 110 uniform forms 99 service of process 99 Mental illness, disposition of ac- cused on the grounds of 114 records of, court of probate to keep 100 state board on hospital districts of 100 State Hospital for, trustees .... 116 appointments 116 duties 116 powers (Norwich) 116 State Hospital for, trustees .. 115,116 appointments 115 duties 115 powers 115 superintendent (Connecticut) ... 115 State Hospital for, trustees 115 appointment and term, Sec. 445 sp. act 1929 a.a 116 treatment of curable diseases only of 112 veterans 182 violent, detention of 101 Military organizations, appropria- tions for 126 Minors, billiard and pool rooms closing 55 custody of 39 duties of probation officer con- cerning 56 gift enterprise forbidden 55 guardian of may make partition . 43 guardians of non-residents may be appointed 41 inducing to procure liquor 77 lease of real estate by guardian .. 41 right to choose guardian 40 seduction of female 52 Page sentence of, between sixteen and seventeen 56 Misdemeanor 50 Mother, bastardy complaint by .... 48 Mystic Oral School for Deaf 132 duties of superintendent 132 governor may appoint pupils to .. 133 transfer of inmates from 132 trustees 132 Narcotics addicts, commitment of.. Ill Non-Support 53 Offense, criminal, against children, jurisdiction by justice of peace 54 Offense, child, unlawful exhibition of employment of 51 parent or guardian consenting to 52 Offense against public policy, ap- peal 54 loitering of children 56 minors under sixteen, sale of to- bacco by 55 non-support of wife or children 53 officer may arrest without war- rant 65 penalty for carnal knowledge, cer- tain cases 52, 53 search when cruelty is suspected 56 soliciting for philanthropic pur- poses 55 state institutions, trespass on land of. Interference with inmates . 13 tramps 65 tramps, wilful injury by 65 unlawful soliciting for philan- thropic purposes 55 vagrants and common drunkards 65 warrant and hearing 57 Offices, branch, welfare department 11 Old Age Assistance, abatement ... 94 administration expenses 89 administration of assistance to chapter by Commissioner 86 agreements with other states con- cerning 89 amount of fund 85 applicable provisions 94 application for aid 87, 90 apportionment 90 assessment 93 award, maximum amount 85 award, payments for 88,89 bureau of replaced by “Commis- sioner of Welfare” 85 chief executive authority 95 claim of state 88 collection 91 conduct of hearing 88 determination of tax 90 duties of Commissioner of Wel- fare 87 eligibility for 85 SOCIAL WELFARE LAWS OF CONNECTICUT 203 Page establishment of fund for 85 execution against town 91 failure to pay. 94 false information for 93 funeral expenses (see “amount”) 85 hearing 87 appeal 87 inalienable awards 89 incapable applicant for 87 inmate of an institution 85 interest, delayed payments 91 interest, real estate 86 investigation for 87 licenses for persons over 65 years of age 95 Old Age Assistance, “personal tax” defined 94 personal tax superseded 94 property of beneficiary 88 rate bill for. Collection 93 release of lien on real estate (See “interest in real estate”) 86 removal from state of 89 repeal of provisions for 90 sale for tax 91 state tax 90 tax 89 tax exemption to person in armed forces 83 Orders, enforcement of (Juvenile Court) 30 Overseers, appointment and approval 76 duties of 15,76 revocation of 76 appointment 76 Indians 9 Pardons, Board of 156 attendance of prisoners 156 constituted, how 156 jurisdiction of 156 sessions. Sec. 1999 a.a. 639e 156 Parole, Board of 167 Parole, rules and regulations of. .. 167 Parolee supervision, interstate com- pacts for 168 Party in interest, veterans 187 Paupers, burial of 70 dead, when selectmen may sell property of 71 deportation 63 examination by physician of 71 expense recoverable from other towns for 70 how removed when settled in other towns 63 indigents, cost of support of .... 67 liability of towns for support of 67 Commissioner of Welfare to determine 67 medical treatment of 68 mentally ill, commitment of .... 102 Page support of 75 parents’ neglect to support chil- dren 68 Paupers, settlement lost in four years .... 72 state, administration of law .... 10 state, Commissioner of Welfare 10 to provide support for 72 support of by each town 67 when not changed by marriage .. 63 Payment, by veterans: amount, for care 182 Pensions, veterans 172 Persons, cruelty to 51 deportation of 63 Pool rooms, closing, minors under eighteen 55 Poor, overseers of, duties of 15,76 when superseded 76 Poor relief, collection of statistics 14, 15 Prison, labor in 171 support of defendant in 47, 161 warden of, powers and duties 162 Prisoner, compensation of 164 detention of after expiration of sentence 166 detention for offense punishable by, or jail sentence 149 discharge from jail on terms 161 discharged, employment of, pa- roled 167,168 diseased, retention of 13 employment of 158 expense. Clothing, Medical aid. Tools 158 information about 157 labor, allowance for 164 paroled, discharge of 150, 162.167 provision for sick 158 rearrest of 167 after probation 170 removal to another jail, sickness .of 158 sick, release of 159 transfer of. Certain statutes ap- plicable 165, 166 transfer to Connecticut Reforma- tory 164 Prisoners, Board of 157 Probate, courts of, Sec. 895c .... 19 Probate, courts of, Sec. 2290 18 Probate, judge, jurisdiction of, rec- ords, veterans 30 Probation officers, commitment to and costs 56, 170 powers and duties, interference with 56,169,171 Probation service 25,26,171 supervision of 171 Proceedings, bastardy 47 complaint within three years .... 50 204 SOCIAL WELFARE LAWS OF CONNECTICUT Page continuance of case 48 evidence 48 evidence of good character admis- sible 50 judgment and order of court .... 49 jury trial may be demanded by either party 50 town' may maintain bastardy suit; when 49 Proceedings, probate, guardian for minor in 40 Proof of claim, veterans, for ex- emption from taxation 83 Property, care of 2 Property, veterans 176 exempt from attachment and exe- cution 176 Prosecution, child not to be prose- cuted 30 Public Acts, Date effective 1 Public Health nursing organizations 126 Public institutions, contracts for labor 163 crematory at 9 Public Welfare Council 14 duties of 14. 16 inspection of asylums 14 members 14 report , 14 appointment; term 14 Public Welfare Council, orders pre- sented how; appeals, fees ....- 15 power of appointment to, Sec. 1917; Sec. 1923, 599e 16 quarterly visits to institutions by 15 Records, hospital, inspection 3 by military for parents of County or State wards 11 State, destruction of 5 Reform school, commitments to ... 36 transfer. Guardianship 36,154 taxes, veterans 179 Relief, collection of statistics of poor 14. 15 how gained by family 63 how gained by foreigners 61 how gained by inhabitants of other states 62 how gained by inhabitants of other towns 62 town, eligibility for 67 Religious instruction 13 Removal, directors of State Prison 154 Reports, form of, to state officers 4 hospital societies 3 property, when taxable 82 state officers, distribution of .... 5 Returns, jail, annual 17 Segregation, defective delinquents 145 Selectmen, lists of persons or their abodes to whom liquor should not be sent 76, 77 Page loitering for certain persons not permitted by 77 may compromise bastardy suit... 50 overseers 68. 76,161 penalties 77 permittees given lists of drinkers 76 reimbursement of town for sup- port of pauper 72 removal of overseer by 76 responsibility of 90 “town” definition of 61 Separation allowances, veterans amount of 173 list of dependents 173 treasurer may borrow funds from 174 Settlement 61 Sheriff, Board of Pardons, attend- ance 156 Soldiers, exemptions from proper- ty tax 175,176 Soldiers, Sailors and Marines’ Fund 185 administration of 185 custody of 185 disclosure of oroperty of appli- cant 181 expenditures 186 Southbury Training School 121 State agencies, biennial reports .. 4 property, care of 2 State aid, disclosure of property of a person receiving 10 . purchase, sale of land when Gen- eral Assembly is not in ses- sion 1 refund of moneys paid by mis- take 2 sale of property of recipients of.. 10 State aided agencies, hospitals, treatment of venereal diseases in 5 hospitals, uniform system of ac- counting for 3 State and state-aided agencies 2 expenses paid by state for 2 procedure where right to inspect records is denied 3 State aided agency, attendance of trustees 2 biennial reports 4 State, certain paupers, status of .... 72 State, claim of, old age assistance 88 State Farm for Women, authorized to receive gifts 138 children in 141 State Hospitals, admission to ... 100, 112 for mental diseases, commitment to; general provisions 104 State institutions, electors residing in 78 hours of labor of employees .... 5 SOCIAL WELFARE LAWS OF CONNECTICUT 205 Page trespass , 13 State and state aided institutions .. 2 fiscal year of 2 visitations 2 State, interstate, transportation by 72 Statement, annual, publication, county 16 State, paupers, administration of law concerning 10 children of 63 State prison, directors, appoint- ment and removal 154 duties of directors in 155 escape from 163 industrial fund for 155 State property, inventory of 2 State, refund of moneys paid by mistake to 2 relief from support by 75 reimbursement of towns by 72 Statistics, poor relief, collection of 14, 15 Suit, bastardy, may be compro- mised 50 Supervision, paroled boys 154 Support, apportionment of, charges for 72 children 37, 59 Commissioner of Welfare may contract for 73 county tax for, of homes 36 disclosure, by person applying for 69 disclosure, by person controlling property of person applying for 69 expense of, for children 72 minors 12 paupers, almshouses, not by con- tract 68 by heirs, surviving husband or wife 75 non-resident, notice 69 in own or next town 67,71 penalty for fraud or deception to 69 reimbursement by state for ... 72 subject to selectmen, claims ... 69 what relatives to furnish sup- port to 74 veterans, families 183 when person returning to the state shall be deemed a pauper 72 Taxation, assessors to determine exemptions 83 exemptions from, Sec. 1163 79 exemptions from, Sec. 1358 84 poor debtor’s oath 84 when property otherwise taxable may be completely or partially exempted 82 Taxes, abatement of, Sec. 1206 .... 83 abatement and refund, veterans .. 179 Page old age assistance, veterans, ex- emption from 180 Temporary assistance, veterans ... 185 Temporary homes, commitment to.. 31 Term, trustees, Connecticut School for Boys 153 Towns, Commissioner of Welfare, may contract with Bond 73 Towns, lien against property by ... 68 Tramps 65 Transfer to Mental Hospitals 164 Transfer, veterans 182 Treatments 5 Truants, fees for arresting 56 habitual 56 Trustees, attendance of, state-aided institutions 2 expenses 2 Tuberculosis, commissioner; mem- bers 124 admissions 125 patients, state aid to 125 persons not to remain in certain institutions 124 private sanatoria, inspection of.. 125 record by health officer for 124 reporting case of 124 reports of commission on 125 sanatoria management 125 school instruction concerning .... 126 Unclaimed Articles 6 Vendors license not required, veter- ans 186 Venereal Disease Examination 52 Veterans’ burial 171 definition of 180 Veterans’ Home Commission 181 appointment and removal 181 Veterans’ Relief Fund J81 Voters, legal, of school district .... 84 War Disaster Fund 11 War Powers of Governor 1 Ward, residence defined of 38 Welfare, boards, advisory 67 child 20 Commissioner of 9 powers and duties .... 10, 21, 43, 87 department of, branch offices .... 11 municipal departments, delegation to 9,67 refund for support of persons in state institutions 10 report to towns 10 use of oleomargarine in humane and reformatory institutions .. 11 Widows’ Aid, widows of veterans, allowances to 184 Witnesses, Board of Pardons, at- tendance 156