The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1858-09-22
WHOLE NO; 1O2.

WHOLE NU luz.
file, other things being equal shall be next pre-
ferred, and fourth. where cases are eouall,
meritorious in all other respects the indigen,
shall have preference.
3 81. Each county shall be entitled TO send
patients to the hospital in prol ortion to the
number of insane persons in the county, and in
case that all the insane who may apply for ad-
mission, cannot for some cause be aecommo.
dated then in the selection of patients, the pro.
visions OF this section shall be regarded in sc
lecting such as may be admitted subject to the
provisions Of section thirty Of this act.
~: When any patient discharged from a
respectable physician shall file with the Pro-
bate Judge ofthe county, of which said insane
person shall be an inhabitant, an affidavit set
ting forth the fact of the recurrence Of the di
seaee, and such other facts relating thereto as
he may deem proper, the Probate Judge shall
forthwith transmit copy of such affidavit, au-
thenticated by his official seal, to the Superin.
tcndent Of the hospital and thereupon the
same proceeding shall be had rs provided in
this act, for persons founG to be insane uron
inquests held for that purpose.
80. All persons confined as insane shall be
entitled tn the benefit of one writ Of habeas cor.
pus. and the question of insanity shall be deci.
ded at the hearing, and if the Judge shall decide
that the person is insane such decision shall be
no bar to the issuing Of the writ second time,
whenever it shall be alleged that such pei son
has been restored to reason.
\ "a. Paupcrs, idiots and lunatics, not within
the meaning of this act, and those discharged
from the hospital. shall be provided for in the
same manner as other poor.
IS. In all cases Of request held under the
provisions of this act, the Probate Judge shall
file and carefully preserve all papers fled with
him; and shall make such entries upon his dock.
ct as will together with the papers filed az afore
said, preserve perfect record of each case tried
by him.
8 36. In all cases in which any patient shall
die in the hospital, it shall be the duty of the
Superintendent to Immediately give notice to
the relations OF such deceased patient, Unknown
to him. and if not so known, he shall immedi
ately notify the Probate Judge of the county
from which the patient was sent, who shall
cause a notice of the death of such
patient to be published in the two leading news
papers published in his county, or if there be no
newspaper published in said county. written
notice shall be posted in two public places, one
OF which shall be at the Court House in said
county.
s 81: If any patient shall escape from the
hospital ana return TO the county from whence
he was CON mitted, it shall be the duty of the
Sheriff of said county when notified by the gu.
perntendent' to forthwith arrest such patient
and return him to the hospital, for which ser.
vice the Sheriff shall be allowed and paid such
fees az shall be allowed by law for the com.
miment of insane persons to the hospital which
fees shall be paid out of the State Treasury on
the certificate of the superintendent. and war
rant of the Auditor OF State.
80. Ii the friends OF any patient shall ask
the discharge Of such patient from the hospi
tai. the Superintendent may in his discretion
require bond to be executed to the State of
Iowa, in such sum and such sureties as he NAV
deem proper, Prorided, That no patient who
may be under the charge of or conviction OF
homicide, shall be discharged without the con-
sent of the Superintendent and the board of
Trustees having the charge of the hospital.
3 80. For all debts due the hospital, an &C
tion may be- maintained in the name of the Su.
perintendent OF the hospital to which such debt
may be DUE and in such action the plaintiff
shall be styled the Superintendent of the Iowa
Insane Hospital, and all suits against the hos.
pifal shall be brought against him as defend.
ent.
40. He shall employ an attorney who shall
attend to any suit instituted in behalf or against
the hospital. who shall be entitled 10 compen.
sation OF i've per cent. OH all sums collected
for the hospital, and such fees as nav be agreed
upon for defending any suits brought agaist the
hospital.
Al. The taxable costs and expenses to be
paid under the provisions Of this act, shall be as
follows: To the Probate Judge, with whom
the affidavit was filed, the sum of two dollars
tor holding an inquest under the provisions OF
this act To the medical witness who shall
make out the certificate required in the twenty.
thld section OF this act, two dollars and witness
fees such as are allowed by law in other cases
TO the witness and Constable the same as are
allowed by law for like services in other cases
I" each person etapleyed by the Probate Judge
10 commit a lu1atic to the county poor house
seventy five cents per day. To the sheriff o,
other persons than assistant, for taking an in
sane person to The hospital, or removing one
therefrom upon the warrant of the Probate
Judge, mileage at the rate of five cents ne,
mile, going and returning, and one dollar PEI
day for the support OF each patient on his Jour
ney to or from tie hospital, and to such as
slstant five cents rer mile and nothing more
the number of miles to be computed in all ca
ses hy lhe nearest route travelled, and costs
specified in this section, 10 be paid out of the
county Treasury upon the certificate of the Pro
bate Judge and the order of the county Audi
tor.
= AZ. The Probate Judge upon satisfactory
proof that any person who is an nllabitant oI
the county in which he may be found is an idi
OF or lunatic, and that it is necessary in ordc,
TO preserve the property of such idiot or lunatie
shall appoint guardian, which guardian shall
by virtue OF such appointment be the guardian
the minor children of his ward, unless the cour
shall appoint some other person their guar
dian.
s 43. That when any person having wife
shall be declared to be an idiot or lunatc. il
shall be lawful forthe Probate Judge to arpoin,
The wife OF such person his guardian, if it be
made to appear to the satisfaction Of the Judge
that she is competent to perform the duties ol
such appointment, and any married woman ap
pointed such guardian, shall in her capacity
have power to enter into official bonds, and hel
sureties thereon shall be liable in the same
manner and to the same extent as though said
bond was executed by sale
"A. All laws relating to guardians for mi.
no,s and their wards, and all laws pointing ou,
the duties. rights and liza blites Of such gardians
and their sureties in force for the time being
shall be applicable to guardians for idiots and
lunatics and their children. so far as the same
are IL conformity with the provisions of this
act
8 4o. Such guardian may sue in his own
name, describing himself as guardian of the
ward tor whom he sues. and when his guardian
ship shall cease by his death removal or other
wise. by the decease Of his ward, any suit,
action or proceeding then pending shall not
abate but his successor or guardian, or such
idiot or lunaiic, it he be restored TO his reason
or the executor or administrator of such idiot OF
lunatic as the case may require, and shall be
made party 10 the suit or other proceedings, in
like manner as is or may be provided by law for
making an executor or administrator party to
or proceeding of like kind, when the plain