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 hereinbefore 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 circuit court.

84. Whenever the jury before such justice shall find in favor of the defendant, any person may appeal therefrom 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, shall appoint a person to take charge of such defendant as herein before 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

fle within ten cript of the

days traus

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 in

benefits 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.

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,

pensation;

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 Trustees,comcents 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.

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.