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cases, when pros

The fees of a justice of the peace and constable in Fees in criminal criminal causes, where the prosecution fails, or where the ecution fails, how money cannot be made from the person liable to pay the same, the facts being certified by the justice and sworn to. shall be allowed and paid out of the county treasury. Approved, April 25th, 1872.

paid.

CH. 241.]

CHAPTER CXXXV.

[S. F. 374.

APRIL 25.

1870: ch. 109.

for pay

proved by Board.

HOSPITALS FOR THE INSANE.

AN ACT to Amend Sections Three, Six, Ten, Twelve, and Forty-
Four of Chapter One Hundred and Nine of the acts of the
Thirteenth General Assembly.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the third section of chapter one hundred and nine, of the acts of the Thirteenth General Assembly of Iowa, be amended, by striking out the words, " and and mileage of "approved by the superintendent," and inserting the Trustees to be ap words, " And approved by the Board;" and that the sixth section of the same act be amended by striking out all after the word "however," in the twelfth line, down to the word "they," in the sixteenth line, and insert[ing] the Superintendent following: "That the same person shall not hold the not to be steward. "office of superintendent and steward;" and by striking Restriction upon out the word "provided" where it occurs the second time salaries removed. in said section, and all the words which follow it in the same section; and that section ten of the same act be amended, by adding after the word "Hospital," in the sixteenth line of said section, " But no part of the money so drawn for current expenses shall be used in making to be used for im. ❝ improvements ;" and the same act be amended by striking out section twelve, and inserting the following: Steward to make "The steward, under the direction of the Trustees, shall purchases, and make all purchases for the Hospital where and in such manner as they can be made on the best terms, keep the "accounts, pay all employees, and have a personal super"intendence 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 Board in "quarterly meetings, for their examination and approval. session to make "Such settlement of accounts shall be made by the Board ination. "of Trustees in open session, and shall not be intrusted to

Money for cur

rent expenses not

provement.

superintend farm

To take duplicate vouchers.

open

quarterly exam

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"a committee.

66

inspection.

filed

The Trustees shall, after examining and Vouchers approving such vouchers, file one of them with the with Auditor. "Auditor of State. The books and papers of the steward Books open for "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;" and the same act be further amended by striking out section forty-four, and insert[ing] the following: "The Trustees shall from time to time fix the sum to be Trustees to paid per week for the board and care of patients, which price for care of "shall not exceed the sum of three dollars and seventy- more than $3.75 "five cents per week, and the weekly sum so fixed shall "be the sum said Hospital shall be entitled to demand for "keeping any patient, and the certificate of the superin"tendent, attested by the seal of the Hospital, shall be "evidence in all places of the amount due as fixed."

fix

patients at not

per week.

ness for patients

SEC. 2. It shall be the duty of the Board of Trustees of Notice of readithe Hospital at Independence to give notice by mail, of at Independence the time when the Hospital will be ready for the reception

of patients, to all the clerks of the circuit courts of the

State.

SEC. 3. This act shall take effect from and after its In force when.
publication in the Iowa State Register, and Iowa State
Leader, newspapers published at Des Moines, Iowa.
Approved, April 25th, 1872.

I hereby certify that the foregoing act was published in the Daily
Iowa State Register, May 1, and in the Daily State Leader, May 3,
1872.
ED WRIGHT, Secretary of State.

CH. 242.]

CHAPTER CXXXVI.

[H. F. 443.

CAPITAL PUNISHMENT ABOLISHED.

AN ACT in Relation to Capital Punishment, and Regulating MAY 1.
Pardons.

SECTION 1. Be it enacted by the General Assembly of The death penalthe State of Iowa, The penalty of death as a punishment ty abolished. for crime, is hereby abolished.

for life.

SEC. 2. All crimes heretofore punishable with death Imprisonment shall be punished by imprisonment for life at hard labor in the State Penitentiary.

Pardon in such

SEC. 3. That, in all cases of conviction under the precases not to be ceding sections, the Governor shall not grant a pardon granted unless unless the same shall have been recommended by the Gen. Assembly. General Assembly of the State.

recommended by

In force when,

SEC. 4. This act shall take effect from and after its passage and publication.

Approved, May 1st, 1872.

CH. 243.]

CHAPTER CXXXVII.

[S. F. 267.

MAY 6.

heretofore exist

in contiguous

revived.

dependent trict.

dis

SCHOOL-DISTRICTS IN CONTIGUOUS COUNTIES.

AN ACT Amendatory of the School-Laws of the State, and Relative to the Formation of Independent School-Districts in certain Cases.

SECTION 1. Be it enacted by the General Assembly School districts of the State of Iowa, That where, under the school-laws ing, of territory of the State heretofore in force, from the necessities of counties, may be localities, arising from natural obstructions, the organization of school-districts under said laws and for the convenience and accommodation of the people, school-districts were formed of portions of two counties of territory lying contiguous to each other, and where, under present laws, such districts are not provided for, at the written request of five legal voters residing in portions of such territory in each county, the board of directors of the district-township to which such territory belongs having a majority of the Boundaries of in- legal voters shall fix the boundaries of an independent school-district composed of such sections of land, or portions thereof, as may be specified and described in the petition for such independent district, and shall give at least ten days' notice of the submission of the question of the formation of said independent district to the legal voters of the contemplated independent district, at a special election for said purpose, specifying the boundaries of the district, the time and place of the meetings of separate organ- the electors of the district containing a majority of the legal voters, at which meeting the electors in the contemplated district shall vote by ballot for or against a sepaChoice of first rate organization. Should a majority of the votes be porary organiza- cast in favor of such separate organization, the said board of directors shall proceed by ballot to elect, in the manner

Election

ization.

upon

officers, and tem

tion.

now provided by law, the necessary officers, and organize said independent district.

SEO. 2. This act, being deemed of immediate impor- In force when. tance, shall take effect and be in force from and after its publication in the Iowa State Register, and State Leader, newspapers published at Des Moines, Iowa. Approved, May 6th, 1872.

I hereby certify that the foregoing act was published in the Daily
Iowa State Register, May 8, and in the Daily State Leader, May 9,
1872.
ED WRIGHT, Secretary of State.

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