IOWA.

64. Discharge when cured, clothing when supplied; harmless incurables may be returned to friends. 65. Harmless incurables, discharge. 66. Discharge, regulations upon. 67. Commission of lunacy to examine for discharge; appointment, investigation, finding, judge's order. 68. Commission, how often repeated. 69. Habeas corpus, investigation. 70. Neglect of duties, penalties for.

CRIMINAL INSANE.

71. When not indicted, investigation to to be had, warrant of commitment, execution of by sheriff; prosecution on recovery.

72. On recovery, notice to district attorney.

73. After conviction, investigation, commitment; execution of sentence on recovery.

notated Stat

§ 1383.

utes, 1880, Hospitals estrustees; general

tablished;

members of

assembly

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; and the hospital for the insane, located at Independence, in Buchanan county, shall be known by the name of the Iowa Hospital for the Insane at Independence. 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.

$1384, Trustees,compensation;

2. The trustees shall receive, as their compensation, four dollars per day for each and every day actually employed in the discharge of their duties, and five cents per mile for each mile necessarily traveled in meetings. 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

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.*

§ 1385. Trustees to visit, keep

3. The board of trustees or a majority thereof, shall inspect the hospital under their charge at each quarterly meeting and a committee may visit the hospital record,report. 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.

§ 1386. Trustees to control and manage hospitals.

4. The trustees shall have the general control and management of the hospital under their charge; and make 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.

$1387.

Trustees may

5. The board of trustees may take, in the name of the state, and hold in trust for the hospital, any land contake property veyed or devised, and any money or other personal property given or bequeathed, to be applied for any purpose connected with the institution.

in trust.

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

Officers can

6. No trustee, or officer of the hospital, shall be, either directly or indirectly, interested in the purchase of $1388. building material, or any article for the use of the institution.

not be inter

ested in con

tracts.

Trustees

7. No trustee shall be eligible to the office of steward or superintendent of the hospital during the term for $1389. which he was appointed, nor within one year after ineligible. his term shall have expired.

Treasurer to

draw money

8. The treasurer shall execute a bond to the state of Iowa for the use of the hospital, (naming which) in § 1390. double the highest amount of money likely to come give bond. into his hands, and with such securities as the executive council shall require, conditioned that he will faithfully perform the duties of his office, and pay over and account for all money that shall come into his hands, and shall be filed with the secretary of state. He shall receive such com- Compensat'n; pensation as the board shall fix, not exceeding one- from state half of one per cent. on all moneys paid out by treasury. him. Upon authority granted by the board, he may draw from the state treasury, out of money not otherwise appropriated, upon his order, approved by the superintendent and not less than two of the trustees, and under seal of the hospital, a sufficient amount quarterly for the purpose of defraying any deficiencies that may arise in the current expenses of the hospital, but the amount of each requisition shall in no case exceed sixteen dollars per month for each public patient in the hospital, taking the number of such patients on the fif teenth day of each month as the average number on which the estimate shall be made, the number then in the hospital to be certified to the auditor of state by the superintendent and steward, which certificate shall accompany the requisition. But no part of the money so drawn for current expenses shall be used in making improvements. Upon the presentation of such order to the auditor of state, he shall draw a warrant upon the treasurer of state for the amount therein specified, not exceeding the amount for each patient herein before specified.

9. The superintendent of the hospital shall be a physician of acknowledged skill and ability in his profession. § 1391. He shall be the chief executive officer of the hospital, and shall hold his office for six years unless

Superintendent of; chief officer.

executive

sooner removed as above provided. He shall have the entire control of the medical, moral, and dietetic treatment of the patients, and he shall see that the several officers of the institution faithfully and diligently discharge their respective duties. He shall employ attendants, nurses, servants, and such other persons as he may deem necessary for the efficient and economical administration of the affairs of the hospital, assign them their respective places and duties, and may, at any time, discharge any of them from service.

§ 1392.

Steward to

make purchases; keep

and preserve

10. The steward, under the direction of the trustees and superintendent, shall make all purchases for the hospital where and in such manner as they can be accounts; take made on the best terms, keep the accounts, pay all vouchers. employes, and have a personal superintendence of the farm. He shall take duplicate vouchers for all purchases made, and for all wages paid by him, which he shall submit to the trustees at each of their quarterly meetings, for their examination and approval. Such settlement of accounts shall be made by the board of trustees in open session, and shall not be entrusted to a committee. The trustees shall, after examining and approving such vouchers, file one set of them with the auditor of state. The books and papers of the steward and treasurer shall be open at all times to the inspection of any one of the trustees, state officers, or members of the general assembly.

11. The superintendent shall provide an official seal, upon

§ 1393. Seal.

which shall be inscribed the statute name of the hospital under his charge, and the name of the state. 12. The assistant physicians shall be medical men of such character and qualifications as to be able to perform the ordinary duties of the superintendent during his necessary absence, or inability to act.

§ 1394.

Assistant physicians.

§ 1429.
Fees of super-

when attend-
ing court.

13. When the superintendent of the hospital, in obedience to a subpoena, attends any court of the county in intendent which the hospital is situated as witness for either party in the case of a person on trial for a criminal offense, and the question of the sanity of such person is raised, he shall be allowed, on such account, his necessary and actual expenses, and such daily pay as is allowed to other witnesses, and such expenses and pay shall be paid by the state. When