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for women, the wards thus vacated in said hospital shall be open for the reception of insane men; and the entire building shall be known and designated thereafter as the Indiana hospital for the insane, department for men; and no women shall be admitted thereto for custody or treatment.

§ 5142. Complaint, arrest, witnesses.

77. When complaint, on oath, shall be made before any justice of the peace, that any person is insane, and dangerous to community if suffered to remain at, large, such justice shall issue a warrant to any constable within his county, or to the sheriff thereof, commanding him to apprehend such insane person, and bring him forthwith before him; which process shall be served and returned in the same manner as state warrants are served and returned. And he shall issue a summons for, and compel, by attachment, the attendance, at the trial hereinafter mentioned, of such witnesses as may be demanded by either party, under the same regulations as govern criminal prosecutions in justices' courts. 78. Immediately after the issuing of such warrant, such justice shall issue to such constable a venire for a jury of six reputable householders or freeholders of the county; which shall be served and returned as other summonses for a jury before a justice of the peace are served and returned. And in granting changes of venue, continuances, and the conduct of such proceeding generally, such justice. shall be governed by the law regulating his criminal jurisdiction, when not inconsistent herewith.

§ 5143. Venire, practice.

§ 5144. Jury challenges.

79. Whenever such insane person is arrested and brought before such justice, and the requisite number of competent persons are present, such justice shall administer to them an oath or affirmation to impartially try the issue, according to law, whether such insane person is insane, and dangerous to community if suffered to run at large; but, before administering such oath, such justice shall interrogate each of such jurors, under oath, as to whether he is prejudiced against such insane person, has any interest in his property, or is related to him, or any member of his family, by consanguinity or affinity within the fifth degree; and if he shall answer affirmatively any of such interrogatories, he shall be rejected from such jury. Such insane person, or any person in his behalf, shall have the right to challenge three of such jurors peremptorily.

§ 5145. Finding and

before justice.

80. After hearing the evidence introduced upon trial of such issue, and the personal inspection of such alleged insane person (who shall be personally present at proceedings such trial), if the jury find that such person is not insane, or that he is not dangerous to community if suffered to remain at large, he shall be discharged from custody, and the costs of such proceeding shall be taxed against the complaining party; but if the jury find that such person is insane, and dangerous to community if suffered to remain at large, such justice shall appoint some resident of the county to take charge of and confine such person, for which he shall receive a reasonable compensation from the board of com- County commissioners of the county, at its next term thereafter, allow reasonto be paid out of the county treasury. Said commis- sation. sioners may appoint some other person to take charge of such insane person, at any time in their discretion; or such justice, upon complaint and proof that such insane person is illy treated by the person so appointed as aforesaid, may appoint some other person to take charge of such insane person.

missioners to

able compen

Justice to cer

trial.

81. Such justice, in case the finding of such jury be against such insane person, shall certify his proceedings § 5146. thereupon, within ten days thereafter, to the circuit tify to court; court of the county. And at the next term of such court, after the filing of the transcript of such proceedings in the clerk's office thereof, such court shall cause said issue to be again tried by a jury of twelve persons, under like instructions and conditions as to the manner of impaneling the jury, administering oaths, peremptory challenges, verdict of jury, judgment for costs, as herein before provided; and if the finding of such jury shall be against such insane person, such court shall confirm the appointment of such person to take charge of such insane person, or may appoint some other suitable person for that purpose.

Order of

82. If such insane person, so adjudged insane and dangerous as aforesaid, have a family, and his property shall $5147. not exceed in value five hundred dollars, no part of court. his estate shall be applied to the payment of the costs of such proceedings, or for his keeping; but when he shall have no family, all his property, or, where he has a family, and his property shall exceed in value five hundred dollars, the excess

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.

§ 5148. Guardian.

83. If such insane person have an estate subject to the payment of such expenses, the court shall appoint a 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.

§ 5149.

Appeal to the

84. Whenever the jury before such justice shall find in favor 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. Such justice, upon the filing of such appeal bond, fle within ten shall appoint a person to take charge of such decript of the fendant as hereinbefore provided, and shall, within 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 herein before provided when the finding of the jury is against the defendant.

Justice shall

days trans

proceedings and bond.

85. Such insane person may at any time be sent to the hospital for the insane, under the laws regulating the

§ 5150.

same, when he shall be an admissible subject to the sending to inbenefits thereof.

sane hospital.

Plea of insan

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.

Acquittal for

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 forthwith 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.

IOWA.

GOVERNMENT OF ASYLUMS.

1. Establishment of asylums, titles; board of trustees, quorum; members of assembly not eligible. 2. Trustees, compensation, meetings, officers.

3. Inspection, records and reports. 4. General powers; superintendent and assistants, appointment, qualifications, salaries.

5. Corporate powers of trustees. 6. Interest in contracts prohibited. 7. Trustees not eligible to office. 8. Treasurer, bond, salary, warrants. 9. Superintendent, powers and duties. 10. Steward, powers and duties. 11. Official seal, superintendent to provide.

12. Assistant physicians, qualifications. 13. Superintendent, fees for testimony. 14. Seal to be affixed to official papers.

INSPECTION OF ASYLUMS.

15. Inspection, appointment of visiting committee, powers and duties. 16. Visiting committee's names to be posted in asylum; letters to, allowed.

17. Writing material to be supplied to patients.

18. Letters to committee to be mailed unopened.

19. Inquest on death of patient. 20. Violation of provisions for inspection, penalties.

21. Inspection to be made monthly. 22. Visiting committee, expenses of.

COMMISSIONERS OF INSANITY.

23. Appointment, term of office, provisions in case of absence. 24. Organization, meetings. 25. Clerk, duties of.

26. Commissioners to have control of admissions, judicial powers. 27. Commissioners to be supplied with blanks.

ADMISSION AND CARE OF INSANE.

28. Applications for admission, form. 29. Examination, hearing, physician's certificate.

30. Interrogatories to be answered. 31. Finding of commissioners, commitment, warrant, receipt of superintendent, execution of warrant. 32. Appeal to circuit court. 33. Appeal, when taken. 34. Appeal, trial of.

35. Discharge pending appeal. 36. Discharge or commitment. 37. Fees of commissioners, physician, sheriff, witnesses, how paid. 38. Temporary custody of insane. 39. Confinement outside of asylum. 40. Provisions for insane improperly cared for.

41. Transfer to asylum.

42. Warrrant and certificate exempt officers of asylum from liability. 43. Illegal confinement, or cruelty, penalty for.

44. Authority necessary for restraint. 45. Settlement in what county, proceedings to determine.

46. County in which patient has settlement, expenses charged to.

47. Such county to refund expenses. 48. Patients without settlement, supported by state.

49. Support, charges for.

50. Support, expenses of, how collected from counties.

51. County tax, duty of treasurer. 52. County tax, not to be used for other

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