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thereof above five hundred dollars shall be subject to the payment of said costs and expense of keeping, if adjudged against said insane person ; and such court shall order whatever sum has been paid, out upon the order of such commissioners, for the purposes and in the manner herein before mentioned, to be refunded out of said insane person's estate, under the foregoing restrictions, to the county treasury, and shall make provision out of such estate for payment of expenses to afterwards accrue, until such estate is exhausted within said restrictions or such insane person is discharged. In all cases where such insane persons have heretofore been a charge upon county treasurers, the county commissioners shall have power to collect said charges out of the property of said insane person, under the same restrictions as are in this section provided.

83. If such insane person have an estate subject to the pay$ 5148. ment of such expenses, the court shall appoint a

an. guardian for such insane person, under like restrictions, in the same manner, and with the same powers and duties, as in the case of guardians for minors.

84. Whenever the jury before such justice shall find in favor $ 5149...of the defendant, any person may appeal therefrom circuit court. to the circuit court of the county, by filing a bond, within ten days thereafter, in such reasonable penalty, not less than one hundred dollars, as the justice may require, with surety by him to be approved, payable to the state, and conditioned that if, upon the trial of such appeal, he shall not establish that the defendant is insane, and dangerous to community if suffered to remain at large, such bond shall be in force, and recovery shall be had thereon for the benefit of such defendant, in the name of the state, on his or his guardian's relation. Justice shall Such justice, upon the filing of such appeal bond,

en shall appoint a person to take charge of such deproceedingshe fendant as hereinbefore provided, and shall, within

1. ten days thereafter, file in the clerk's office of the circuit court of the county, a transcript of such proceeding together with said bond; and the trial of such appeal shall be had at the time and in the manner as hereinbefore provided when the finding of the jury is against the defendant.

85. Such insane person may at any time be sent to the hos$ 6150. pital for the insane, under the laws regulating the

Appeal to the

file within ten days transcript of the

and bond.

Plea of insan

genial 10 on an the sole

same, when he shall be an admissible subject to the Sending to in

sane hospital. benefits thereof.

86. When the defendant desires to plead that he was of unsound mind when the offense was committed, he, 1764. himself, or his counsel must set up such defense ity. specially in writing; and the prosecuting attorney may reply thereto by a general denial in writing.

87. When a person tried upon an indictment or information for a public offense is acquitted on the sole ground $ 1765... that he was insane at the time of the commission of insanity. the offense, the fact shall be found by the jury in their verdict, or by the court, if tried by it; and the defendant shall not be discharged, but shall be forth with proceeded against upon the charge of insanity; and the verdict of the jury or finding of the court shall be prima facie evidence of his insanity. The proceedings shall conform to those prescribed for the admission of the insane, but no preliminary statement in writing shall be required.

Acquittal for


GOVERNMENT OF ASYLUMS. | 30. Interrogatories to be answered. 1. Establishment of asylums, titles; 31. Finding of commissioners, commitboard of trustees, quorum; mem

ment, warrant, receipt of superbers of assembly not eligible.

intendent, execution of warrant. 2. Trustees, compensation, meetings,

32. Appeal to circuit court. officers.

33. Appeal, when taken. 3. Inspection, records and reports. 34. Appeal, trial of. 4. General powers; superintendent

35. Discharge pending appeal. and assistants, appointment, qual

36. Discharge or commitment. ifications, salaries.

37. Fees of commissioners, physician, 5. Corporate powers of trustees.

sheriff, witnesses, how paid. 6. Interest in contracts prohibited.

38. Temporary custody of insane. 7. Trustees not eligible to office.

39. Confinement outside of asylum. 8. Treasurer, bond, salary, warrants.

40. Provisions for insane improperly 9. Superintendent, powers and duties.

cared for. 10. Steward, powers and duties.

41. Transfer to asylum. 11. Official seal, superintendent to pro

42. Warrrant and certificate exempt vide.

officers of asylum from liability. 12. Assistant physicians, qualifications.

| 43. Illegal confinement, or cruelty, 13. Superintendent, fees for testimony. penalty for. 14. Seal to be affixed to official papers.

44. Authority necessary for restraint.

45. Settlement in what county, proINSPECTION OF ASYLUMS.

ceedings to determine. 15. Inspection, appointment of visiting 46. County in which patient has settlecommittee, powers and duties.

ment, expenses charged to. 16. Visiting committee's names to be 47. Such county to refund expenses.

posted in asylum; letters to, al 48. Patients without settlement, suplowed.

ported by state. 17. Writing material to be supplied to 49. Support, charges for. patients.

50. Support, expenses of, how collected 18. Letters to committee to be mailed

from counties. unopened.

51. County tax, duty of treasurer. 19. Inquest on death of patient.

52. County tax, not to be used for other 20. Violation of provisions for inspec

purposes. tion, penalties.

53. County tax, penalties for neglect to 21. Inspection to be made monthly.

levy. 22. Visiting committee, expenses of. 54. Notice of recited act to be given to COMMISSIONERS OF INSANITY.

county officers. 23. Appointment, term of office, pro

55. Impartial treatment of patients,

special care upon agreement. visions in case of absence. 24. Organization, meetings.

56. Expenses may be paid by relatives. 25. Clerk, duties of.

57. Preferences. 26. Commissioners to have control of

58. Classification of patients. admissions, judicial powers.

59. Support, patient's estate liable for. 27. Commissioners to be supplied with

60. Definition of insanity; idiots not

admitted. blanks.

61. Escape from asylum, proceedings. ADMISSION AND CARE OF INSANE. 28. Applications for admission, form.

DISCHARGE. 29. Examination, hearing, physician's 62. Discharge on application of friends. certificate.

| 63. Discharge from care outside asylum. 64. Discharge when cured, clothing | 74. Jury trial of question of sanity.

when supplied; harmless incur 75. Suspension of criminal proceedings.

ables may be returned to friends. 76. Order of trial for insanity. 65. Harmless incurables, discharge. 77. If defendant found sane, criminal 66. Discharge, regulations upon.

proceedings resumed. 67. Commission of lunacy to examine 78. If found insane, criminal proceedfor discharge; appointment, in

ceedings suspended until revestigation, finding, judge's order.

covery. 68. Commission, how often repeated. 79. Bail exonerated on commitment to 69. Habeas corpus, investigation.

asylum. 70. Neglect of duties, penalties for. 80. On recovery, remanded to custody.

81. Expenses, how borne. CRIMINAL INSANE.

82. Sheriff's fees for commitment. 71. When not indicted, investigation to 83. Jury to find fact of insanity in verto be had, warrant of commit

dict of acquittal. ment, execution of by sheriff'; 84. Definition of insanity. prosecution on recovery.

85. Insanity pleaded after conviction. 72. On recovery, notice to district at 86. Insanity, how determined. torney.

87. Reprieve, power of, vested in whom. 73. After conviction, investigation, com 88. Suspension of sentence, jury trial,

mitment; execution of sentence report to governor.
on recovery.

notated Statutes, 1980, $ 1383.

tablished ;

members of


1. The hospital for the insane, located at Mount Pleasant, in Henry county, shall be known by the name of the McClain's AnIowa Hospital for the Insane at Mount Pleasant; utes, 1880, and the hospital for the insane, located at Indepen- Nospitals 08dence, in Buchanan county, shall be known by the trustees; name of the Iowa Hospital for the Insane at Inde- general pendence. Each of said hospitals shall be under not eligible. the charge of five trustees, two of whom may be women, three of whom shall constitute a quorum for the transaction of business; and in future no member of the general assembly shall be eligible to that office. When the term of a trustee expires, his successor shall be appointed by the general assembly for four years; but no vacancy shall be filled until the number of trustees is reduced to the number provided in this section. No trustees shall receive pay for more than thirty days in any year.

2. The trustees shall receive, as their compensation, four dollars per day for each and every day actually em- &13 ployed in the discharge of their duties, and five cents per mile for each mile necessarily traveled in meeting such business, and no more, from the state treasury, out of any moneys not otherwise appropriated, by an order drawn by the secretary of the board and approved by the board. Each board of trustees shall hold an annual meeting upon the first Wednesday of October at the hospital, when they shall choose one

$ 1384,

Trustees, compensation ;

$ 1385. Trustees to


Trustees to

manage hospitals.

of their number president and another secretary, and shall also choose a treasurer for the year then ensuing and until their successors are elected and qualified. They shall also hold quarterly meetings on the first Wednesdays in January, April and July.* 3. The board of trustees or a majority thereof, shall inspect

the hospital under their charge at each quarterly Visit, keto meeting and a committee may visit the hospital

port. monthly. The trustees shall make a record of their proceedings in books kept for the purpose ; and at the annual meetings preceding the regular sessions of the general assembly, they shall make a report to the governor of the condition and wants of the hospital, which shall be accompanied by full and accurate reports of its superintendent and treasurer, and an account of all moneys received and disbursed.

4. The trustees shall have the general control and manage$ 1386. ment of the hospital under their charge; and make control and all by-laws necessary for the government of the same,

not inconsistent with the laws and constitution of the state, and conduct the affairs of the institution in accordance with the laws and by-laws regulating the same. They shall appoint a medical superintendent, and upon nomination of the superintendent shall appoint an assistant physician or physicians, a steward, and a matron, who shall reside in the hospital and be styled resident officers of the same, and be governed and subject to all the laws and by-laws for the government of the said institution. But the same person shall not hold the office of superintendent and steward. They may, also, in their discretion, and upon the nomination of the superintendent appoint a chaplain and prescribe his duties. The board of trustees shall, from time to time, fix the salaries and wages of the officers and other employes of the hospital, and certify the same to the auditor of state ; and they may remove any officer or other employe of such institution. 5. The board of trustees may take, in the name of the state,

and hold in trust for the hospital, any land conSperry veyed or devised, and any money or other personal

property given or bequeathed, to be applied for any purpose connected with the institution.

* The amendment of 1878 has been incorporated in the text, though not so in McClain's Statutes.

$ 1387. Trustees may

in trust.

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