SEC. 3. The board of trustees are hereby authorBoard may ized to pay Jacob Reichard, contractor for said buildpay contrac- ing, all or so much of the above as in their judgment is just and equitable.

tor.

SEC. 4. This act to take effect from and after its Taking effect. publication in the Daily State Register, and Des Moines Evening Statesman, newspapers published at Des Moines, Iowa.

Approved April 8, 1868.

I hereby certify that the foregoing act was published in The Iowa Evening Statesman April 17, 1868, and in the Daily State Register April 19, 1868.

ED WRIGHT, Secretary of State.

APRIL 8.

CHAPTER 178.

THE GEOLOGICAL SURVEY.

AN ACT Providing for the Further Prosecution and Completion of the Geological Survey of the State.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That for the purpose of the compleAppropriat 'n tion of the Geological Survey of the State that the for geological present State Geologist be continued in office, and the survey, $6,500 annually. sum of six thousand and five hundred dollars ($6,500.00) be hereby annually appropriated, out of such moneys in the State treasury as are not otherwise appropriated, until the said survey is completed, or until the General Assembly shall order its discontinuance. This appro priation shall be drawn from time to time for the pur poses of the survey and the payment of the salaries of 1866, ch. 73. its officers as defined and limited in chapter 73 of the acts of the Eleventh General Assembly, upon requisi tions signed by the State Geologist, and vouchers ap proved by the Census Board and filed with the Auditor of State.

How drawn.

SEC. 2. The State Geologist is hereby required to Survey to be complete the geological survey of the State on or completed by before the first day of January, 1870, and to prepare Geologist to full and complete report of said survey, accompanied make report. by such maps and drawings as may be necessary to

Jan. 1, 1870.

illustrate the same, and transmit them to the Governor,

who shall lay a copy of such reports before the next General Assembly.

SEC. 3. On or before the first Monday in each year the State Geologist shall prepare careful statements of Statement of his accounts with the survey for the previous year, em- accounts. bodying them in the form of a financial report, and send the same to the Governor, together with such vouchers as it may be practicable for him to obtain; and the Governor shall lay the whole before the General Assembly, together with the report of progress of the State Geologist.

SEC. 4. All acts and parts of acts in contravention Repealing of the provisions of this act are hereby repealed.

clause.

SEC. 5. This act shall take effect and be in force Taking effect. from and after its publication in the State Register and Evening Statesman.

Approved April 8, 1868.

I hereby certify that the foregoing act was published in The Iowa Evening Statesman April 17, 1868, and in the Daily State Register April 19, 1868.

ED WRIGHT, Secretary of State.

CHAPTER 179.

RELATING TO INSANE PERSONS.

AN ACT in Addition to an Act entitled "An Act for the Incorporation and Government of the Hospital for the Insane."

APRIL 8. Rev., ch. 59, art. 2.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That no private patient shall be Rev., § 1478. admitted into the hospital by the superintendent under the provisions of the eighth section of the act to which this is an addition, unless the applicant for his admis- Admission sion shall produce the certificate, dated within two of private weeks previous to the application, of a physician ap- patients to Hospital. pointed for that purpose by the county judge of the county or the circuit judge where the patient resides, certifying that the patient is insane and a proper subject for custody and treatment in the hospital: Pro- Proviso. vided, That when the insane person happens to be in a county other than that of his or her residence, then, in that case, the certificate of a physician appointed by the county judge of such county or the cir-. cuit judge shall be sufficient.

SEC. 2. Upon the application of any relative, guardian, or friend of any person alleged to be insane, the judge of any county, or circuit judge, where the person alleged to be insane resides, shall appoint some regular, practicing physician, who shall immediately Examination: examine personally said person, and, in case he is Physician's found to be insane, shall give a certificate to that effect, certificate. as it is provided in the first section of this act. The county judge or the circuit judge shall be entitled to a Judge's fee, fee of one dollar for receiving the application and $1. making the appointment.

mation is

filed,

SEC. 3. The county judge of any county, or circuit When infor- judge, upon information being filed before him that there is an insane person within the county, or circuit, needing attention, shall immediately appoint a commission to inquire into the case to consist of three persons, one of whom shall be a regular practicing physician, and the other two justices of the peace or trustees of the township where the alleged insane person resides.

judge to appoint commission.

Duty of commission.

Report.

Dangerous, or not supported,

SEC. 4. It shall be the duty of this commission to examine personally the alleged insane person, to hear testimony and make all proper inquiries in relation to the mental condition of said person, and to report to the county judge or circuit judge: 1. Whether he is insane. 2. Whether he is dangerous to be at large, either to himself or others. 3. If he is not dangerous, whether he is probably susceptible of cure by remedial treatment in the Hospital. 4. If he is incurable and harmless, whether he is comfortably provided for and supported at home.

SEC. 5. If upon this report the county judge, or circuit judge, shall be of opinion that the alleged insane person is insane and dangerous to be at large, or is susceptible of cure by remedial treatment in the Hospital, or, if incurable and harmless, is not comfortably provided for and supported at home, he shall order said to be sent to person to be committed to the Hospital in manner and Hospital. form as provided in the tenth section of the act to Trial by jury which this is an addition, unless the said person alleged may be de- to be insane, or some one in his behalf, shall demand that the question of his sanity shall be tried by a jury.

manded.

Jury summoned.

SEC. 6. In case the person alleged to be insane, 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

a 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 Action on of the insanity of the said person, he shall be committed verdict of to the Hospital as provided in the preceding section, jury. otherwise he shall be discharged.

SEC. 7. Any patient, public or private, who is cured, Patients shall be immediately discharged by the superintendent; cured to be and the relatives of any public patient who, in the discharged. opinion of the superintendent, is not susceptible of cure Rel'tives may by remedial treatment in the Hospital, and is not dan- take charge of gerous 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 Proviso. under the charge or conviction of homicide, shall be discharged without the order of the board of trustees.

harmless in

curables.

tients remov

SEC. 8. Private patients may be removed from the Private paHospital at any time by the parties who are responsible able at any for the payment of their expenses.

time.

SEC. 9. The board of trustees may order the discharge and removal from the Hospital of incurable and Removal of harmless patients whenever it is necessary to make harmless inroom for recent cases: Provided, That in the interim curables. between the meetings of the board, the superintendent, in conjunction with two trustees, shall possess and exercise the power granted in this section.

where per

SEC. 10. On a written statement being made to the district judge holding a term of his court in Henry Proceedings county, or to the county judge of Henry county, or of court circuit judge of that circuit, that a certain person con- son in Hospifined in the hospital is not insane, and is unjustly tal is not indeprived of his liberty, the judge shall appoint a com- sane. mission of three persons, one of whom shall be a regular practicing physician, which commission shall examine said person and hear such evidence as shall be offered touching the merits of the case, and report their proceedings and opinion to the judge, and if upon this report in his opinion the person is not insane, the judge shall order him to be discharged.

Discharge.

SEC. 11. 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 Insane inhu poor-house, in said county or circuit, is inhumanly manly treated 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. 12. The priority of claim, of relatives of

to be remov'd to Hospital.

Custody of different degrees of relationship, to the custody of any insane person shall be determined as follows:

insane.

Co. paying

1.

The legally appointed guardian;

2. The husband or wife;

3. The parents;

4. The children.

SEC. 13. Any county paying the expenses for the expenses of commitment and support of an insane person in the insane person Hospital shall have a right to recover the full amount from county thereof, with interest and costs, of the county of his to which he legal settlement; and the insane person, if of sufficient belongs.

may recover

ability to pay the same, and any relative obligated by law to maintain him, shall be liable for all such expenses paid by any county as in other cases.

SEC. 14. The county judge or circuit judge may Commission- allow the commissioners appointed under the third secers' fee, $2. tion of this act, for making the examination and report Physician's do. and 5 cts. therein required, a fee of two dollars each, and to the physician in addition five cents a mile for travel each way, to be paid from the county treasury.

a mile for

travel.

SEC. 15. The county judge of Henry county, or circuit judge, for hearing and determining each case provided for in the tenth section of this act, shall be Judge's fee entitled to receive a fee of two dollars, and the same under §10, $2. sum shall be allowed to each of the commissioners appointed under said section, to be paid by the person making the application.

SEC. 16. The twelfth and thirteenth sections of the §§ 1482 & 1483 act to which this is an addition, and so much of the and pt. § 1480 tenth section of the [same] as is inconsistent herewith Rev. repeal'd. is hereby repealed.

Approved April 8, 1868.

APRIL 8.

CHAPTER 180.

TAXATION OF EXPRESS AND TELEGRAPH COMPANIES.

AN ACT in relation to Revenue and Taxing the Property of
Express Companies and Telegraph Companies.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the property of all express companies and all telegraph companies operating and doing business within this State, shall be included in