Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1868-07-03
CHAPTER 17e.

CHAPTER 40.
PUBLISHED BY Authority.
AN ACT in Addition to an Act entitled "Ar
Act for the Incorporation and Government
Of the Hospital for the insane"
Section l. Be it ehacted by the Genera
Assembly of the State Of Iowa, That no pri
vate patient shall be admitted into the Hospitai
by the superintendent, under the prov isions O
the eighth section of the Act to which this j.
an addition, unless the applicant for his adj
mission shall produce the certificate, datet
within two weeks previous to the application
Of physician appointed for that purpose by
the county judge of the county, or the circuit
where the.patient resides, certifying that tht
patient is insane and proper subject for Gus
tody and treatment in the::Hospital; Propided
That when the insane person happens to b
in the county other than that Of his or her
residence, then in that case, the certificate
Of physician appointed by the county judge
Of such county, or the circuit Judge, shall be
sufficient.
Sec 2. Upon the application of any rela
tive, guardian, or friend Of any person alleged
to be insane the judge Of any county, or cir
cult Judge, where the person alleged to be i'm
sane resides, shall appoint some regular prac
ticing physician, who shall Immediately ex-
anime personally said person, and, in case he
is found to be insane, shall give q certificate
to that effect, as it is provided in the first Sec
ton of this act. The county Judge or the cir
cult judge ehall be entitled to fee of one
dollar for receiving the application and maxi
ing the appointments
Sec The county judge Of any county, or
circuit judge, upon information being filed
before him that there is an insane person
within the county or circuit needing atten-
ton, shall Immediately appoint commission
to inquire into the case, to consist Of three
persons, one Of whom shall be regular prac-
ticing physician, and the other two justices Of
the pence or trustees of the township where
the alleged person resides.
Sec 4. 1t shall be the duty Of this commits
sion to examine personally the alleged insane
person, to hear testimony and make all prop
err inquiries in relation to the mental condi-
tion Of said person, and to report to the coun-
ty judge or circuit Judge; l. Whether he is
insane; 2. Whether he is dangerous to be at
large, either to himself or others; 8. If be il
not dangerous, whether he is probably suscep-
tible Of remedial treatment in the Hospital
4. If he be incurable and harmless, whether
he is comfortably provided for and supported
at home.
Sec s. If upon this report the county Judge
or circuit Judge, shall be of the opinion that
the alleged insane person is insane and dams
gerous to be at large, or is susceptible of cure
by remedial treatment in the Hospital, or il
incurable and harmless is not comfortably
provided for and supported at home, he shall
order said person to be committed to the Hos
pital in manner and form as provided in the
tenth section of the act to which this is an ad-
dition, unless the said person alleged to be
insane or some one in his behalf shall de-
mand that the question Of his sanity shall be
tried by jury.
Sec 6, In case the person alleged to be in
sane or any one in his behalf, after the report
Of the commission is made and before he is
committed to the Hospital, shall appear before
the county judge or circuit judge and demand
a jury to try the question Of his sanity, the
county judge or circuit Judge shall summon n
jury of six persons to try the case as is now
provided by law, and in case the verdict Of
the jury is in favor-Of the insanity of the said
person, he shall be committed to the Hospital
as provided in the preceding section, other
wise he shall be discharged.
Sec 7. Any patient, public or private, who
is cured, shall be Immediately discharged by
the superintendent and the relatives Of any
public patient who in the opinion Of the sus
perinten dent, is not susceptible Of cure by
remedial treatment in the Hospital, and is
not dangerous to be at large shall at all times
have the right to take charge of said patient
and remove him from the Hospital: Provided,
That no patient who may be under the charge
or conviction of homicide, shall be discharged
without the order Of the board of trustees.
Sec 8. Private patients may be removed
from the Hospital at any time by the parties
who are responsible for the payment Of their
expenses.
Sec 8. The board of trustees may order
the discharge and removal from the Hospital
Of incurable and harmless patients whenever
it is necessary to make room for recent cases.
Provided, That in the interim between the
meetings Of the board, the superintendent,
in conjunction with two trustees, shall pos
sess and exercise the power granted in this
section.
Sec 10. Ona written statement being made
to the district judge holding term Of his
court in Henry county, or to the county judge
Of Henry county, or circuit Judge Of that cir
cult, that certain person confined in the Hos
pital is not insane, and unjustly deprived Of
his liberty, the judge shall appoint commits
sion Of three persons, one Of whom shall be .
regular, practing physician, which commis>
sion shall examine said person and hear such
evidence rs shall be offered touching the mer-
its of the case, and report their proceedings
and opinion to the judge, and if upon this
report in his opinion the person is not in-
sane the judge shall order him to be discharg-
ed.
Sec II. If it shall be made to appear to the
county judge Of any county, or circuit Judge,
that an insane person in the custody Of his
friends or in any jail or poorhouse in said
county or circuit, is inhumanly treated and
is manifestly suffering for want of proper care
or treatment, he shall order such person to be
sent to the Hospital in manner and form now
provided by law.
Sec H. The priority of claim, of relatives
Of different degrees Of relationship, to the
custody of any insane person shall be deter
mined rs follows
l. The legally appointed guardian
2. The husband or wife;
3. The parents;
A. The children.
Sec 10. Any county paying the expenses
for the commitment and support Of an insane
person in the Hospital shall have the right to
recover the full amount thereof with interest
and costs, Of the county Of his legal settles
ment; and the insane person, If of sufficient
ability to pay the same and any relative obli-
gated by law to maintain him shall be liable
for all such expenses paid by any county 50
in other cases.
Sec IA. The county Judge or circuit Judge
may allow the commissioners appointed un-
der the third section Of this act Tor making
the examination and report therein required,
> fee Of two dollars each, and to the physi-