funds. act applies is hereby transferred to the infirmary fund of the same; and all moneys Transfer of on hand or hereafter received in accordance with section eight of this act, shall be appropriated, as directed by section nine of this act, to the hospital fund of such counties as do not come under the provisions of this act. 3782. SEC. 25. This act shall be in force only in those counties of this State whose To apply conditionally. supervisors shall elect to adopt the system hereby established. 3783. SEC. 26. The following counties are exempt from the provisions of this act: Counties Humboldt, Placer, Yuba, Sacramento, Mendocino, Santa Cruz, San Luis Obispo, exempted. Shasta, Siskiyou, Sierra, Calaveras, Yolo, Plumas, Nevada,, Tuolume, Sonoma, and Monterey.(") Ensane Asylum. 3784. [An Act to authorize the trustees of the Stockton State hospital to erect a building for the insane of the State, and to provide for their support, approved May 3, 1852, 139, was repealed by act approved May 17, 1853, 208.] [An Act to establish an asylum for the insane of the State of California, approved May 17, 1853, 203; amended May 1, 1854, 166; April 16, 1858, 172; April 15, 1859, 255; April 30, 1860, 341; and March 13, 1861, 50 (which acts provided for the management of the affairs of the asylum, and the manner of sending insane persons to it), was virtually repealed by the act of April 25, 1863, which will be found further along. Its provisions were in many respects similar to those of the act of 1863, and an examination of it may throw light upon the new act, but it is supposed that this reference is sufficient notice of it for the purposes of this work.] An Act in relation to the insane fund. Passed January 28, 1854, 2. fund. 3785. SECTION 1. It shall be the duty of the State treasurer to turn over to the Insane asylum "Insane Asylum Fund," all the moneys collected under the provisions of an act entitled "An Act prescribing the mode of maintaining and defending possessory actions on public lands in this State," approved April 20, 1852. 3786. [Several of the appropriation acts, relating to the insane asylum, may be noted as follows: To appropriate money ($80,000) to enable the trustees to erect an additional building, and to inclose the grounds belonging to the asylum, passed May 15, 1854, 239. To appropriate money ($15,000) to enable the trustees to build a dining-room, kitchen, and bath house, also to purchase furniture for main building, approved May 3, 1855, 238. To appropriate $40,000 for the completion of the asylum, approved April 19, 1856, 134. To appropriate money ($40,000) for the erection of additional buildings and other improvements, approved April 26, 1858, 328. To appropriate money ($5,000) for improving the mad-houses and other improvements. To appropriate money ($1,000) for the purchase of a dairy for the asylum, approved April 10, 1860, 165.] An Act to authorize the governor to remove insane persons from the State prison to the insane asylum. Approved April 9, 1857, 187. 3787. SECTION 1. Whenever any convict, confined in the State prison, shall, in the opinion of the physician of the prison, be insane, and should be removed to the insane asylum, the physician shall make oath to the same, before the county judge, in the county in which the said prison is located, and said judge shall summon two competent physicians, to examine the alleged case of insanity, and if in their opinion the said convict is of unsound mind, and should be removed, the judge shall send the statement of said physicians, with his opinion, to the governor, who is hereby authorized, in his discretion, to remove said convict to the State insane asylum. Insane convicts prison. in the State 3788. SEC. 2. Should said convict recover his sanity, before the expiration of his Return to the term of sentence, the resident and assistant physician of the asylum shall certify the State prison. same to the governor, who, upon the receipt of such certificate, shall order said con vict to be sent back to the State prison. An Act concerning the insane asylum of California, and to levy a tax therefor. Approved April 25, 1863, 458. 3789. SECTION 1. Messrs. E. S. Holden, J. G. Gasman, Austin Sperry, H. B. Under- Board of hill, T. R. Anthony, and G. A. Shurtleff, are hereby constituted a board of directors directors. of the insane asylum of California, and shall hold their office until their successors, who shall be elected by the legislature in joint convention, and whose term of office () The county of San Mateo was virtually added to the exempted counties by Sec. 14 of a special act approved March 24, 1864; 1863-4, 237. Election. Terms of office. Oath of office. President and vice-president. Powers of directors. Duties Not to be interested in contracts. shall be four years, shall be elected and qualified. At said election, such choice shall be made that the board of directors shall always consist of citizens of the City of Stockton, or vicinity; they shall be divided into two classes, in the order of their names as herein recorded. The first, second and third named, shall go out of office at the expiration of one year from the passage of this act; the fourth, fifth, and sixth, shall go out of office at the expiration of three years from the passage of this act. In case of a vacancy in said board occurring when the legislature is not in session, said board may fill said vacancy until the next assembling of the legislature, and then the legislature shall proceed to fill said vacancy for the unexpired term only. 3790. SEC. 2. The directors herein provided shall, within thirty days after the passage of this act, qualify by taking the usual oath of office, and meet at the asylum in the City of Stockton, and organize by electing from their number a president, who shall preside at their meetings, and perform such other duties as may be prescribed by the by-laws; and they shall, at the same time and place, elect from their number a vice-president, who shall perform the duties of the president in his absence. 3791. SEC. 3. The board of directors shall be known by the name and style of the directors of the insane asylum, and by that name they and their successors shall be known in law, may sue and be sued in any of the courts of this State, and may receive and hold property, real and personal, for the use and benefit of said asylum. They shall have full power to manage and administer the affairs of said asylum, shall make and adopt by-laws for their own government and the government of the asylum, not repugnant to the laws of the United States or of this State. Said by-laws shall provide for the several necessary standing committees, to wit: auditing committee, visiting committee, committee on finance, and committee on improvements and repairs, together with such other committees as may be necessary for the dispatch of business; and said committees shall meet at the asylum once a month for the transaction of business. The board of directors shall cause to be kept a full and complete record of their proceedings, which shall be open at all times to the inspection of any citizen desiring to examine the same; they shall hold stated meetings at the asylum, monthly, and a majority of the board shall constitute a quorum for the transaction of business; they shall at such meetings receive and act on the reports from the several standing and other committees, which shall always be made in writing; they shall make a thorough inquiry into all the departments of labor and expense, and a careful examination of the buildings, property, and general condition of the asylum; and they shall submit to the governor, on or before the first day of November of each year, a report showing the receipts and expenditures, the condition of the asylum, the number of patients under treatment during the preceding year, the number remaining in the asylum at the date of the report, and such other matters touching the general affairs of the institution as they may deem advisable; and the said report shall be transmitted by the governor to the legislature. 3792. SEC. 4. The directors shall not be, directly or indirectly interested in any contract or contracts for supplies furnished said asylum, but shall receive as their comCompensation. pensation the sum of ten dollars per day for their services and expenses in attending monthly or called meetings of said board, payable out of any moneys set apart by law for the use and benefit of said asylum, as other bills and accounts against the asylum are paid; provided, the amount so received shall not exceed the sum of one hundred and thirty dollars per year to each director. Proviso. Medical visitors. Term. Oath. 3793. SEC. 5. Doctors Lorenzo Hubbard, of Marysville, J. F. Morse, of Sacramento, and J. P. Whitney, of San Francisco, are hereby constituted a board of medical visitors of said asylum. They shall be divided into three classes, and shall hold their office until their successors, whose terms of office shall be four years, shall be elected and qualified, which election shall be made by the legislature in joint convention. The first in the order herein named shall go out of office at the expiration of one year, the second and the third shall go out of office at the expiration of three years, from the passage of this act. The medical visitors shall, before entering upon their duties, take the usual oath of office. They shall hold their meetings at the asylum, semi-annually, on the first Tuesday in April and October in each year. They shall, at such meetings, make a careful and complete inquiry into the sanitary condition and medical management of the asylum, and report upon the same to the governor of the State on or beCompensation. fore the first day of November of each year. The compensation of the medical visitors shall be seventy-five dollars for each semi-annual visit, and shall be paid in like manner as provided for the payment of the compensation of the directors in section four of this act. And in case of a vacancy occurring in said board of medical visitors, Duties. Vacancies. the same shall be filled by appointment by the governor until the next meeting of the legislature, at which time the vacancy shall be filled for the unexpired term by the senate and assembly in joint convention. resident 3794. SEC. 6. The board of directors and board of medical visitors shall elect, in Election of joint ballot, one resident physician, who shall hold his office for a term of four years, physician. and until his successor shall be elected and qualified. He shall be a graduate in medicine, and shall have practiced his profession at least five years from the date of his diploma. He shall receive an annual salary of three thousand five hundred dollars, Salary. payable quarterly, out of any moneys appropriated by law for the use and benefit of said asylum. Said resident physician shall be provided with suitable apartments within the asylum grounds, and be supplied with provisions, fuel, lights, and household furniture, for the comfort of himself and family, if he has one. Before entering upon his duties he shall qualify by taking the usual oath of office, and he shall execute Oath. and deliver to the president of the board of directors a bond, with good and sufficient Bond. sureties, to be approved by the directors, in the sum of five thousand dollars, conditioned for the faithful discharge of his duties, as required by law, and the delivery to Duties. his successor of all books, papers, moneys, vouchers, and effects belonging to his office. 3795. SEO. 7. The resident physician, who shall also be superintendent, shall be Powers and duties of resident the chief executive officer of the asylum. He shall have the general superintendence physician. of the buildings, grounds, and property, subject to the laws and regulations of the directors. He shall have the sole control of the patients, prescribe their treatment, and adopt such sanitary measures as he may think best. He shall appoint, with the approval of the directors, so many attendants and assistants as he may deem proper and necessary for the economical and efficient performance of the business of the asylum, prescribe their several duties and places, fix, with the directors' approval, their compensation, and discharge any of them, subject to the approval of the board of directors. He shall also give, from time to time, such orders and instructions as he may judge best to insure good conduct, fidelity, and economy in every department of labor and expense, and he is authorized and directed to maintain salutary discipline among all who are employed by the institution, and to enforce obedience to all rules and regulations of the asylum. He is required to estimate, quarterly in advance, the probable expenses of the asylum, and submit the same to the directors at their stated meeting for their approval; and the controller of State is hereby authorized and directed to draw his warrants for the amount thus ascertained and approved by the directors, in three equal sums, in favor of the directors, to be drawn monthly, and the treasurer of State is hereby authorized and directed to pay the same out of any moneys set apart by law for the use and benefit of said asylum. The resident physician is further required to ascertain as nearly as he can, and report to the directors, the amount, character, and quality of provisions, fuel, and clothing needed for the six months ending on the first day of May and November of each year, and the directors shall then advertise for contracts for furnishing such supplies for three weeks, successively, in one newspaper in San Francisco, one in Sacramento, and one in Stockton. The contract or contracts shall be awarded to the lowest bidder or bidders, upon their giving satisfactory security for the same. Other needful expenditures than those for provisions, fuel, and clothing shall be made under the direction of the superintendent, subject to the inspection of the auditing committees and approval of the board of directors. The superintendent shall cause full and fair accounts and records of all his official transactions to be kept from day to day, in books provided for that purpose, in the manner and to the extent prescribed by the by-laws; and he shall see that all of his accounts and records are fully made up to the first day of October of each year, and that the principal facts and results, with his report thereon, be presented to the directors as soon as possible thereafter, that they may submit the same, and a report therewith, to the governor on or before the first day of November. The said resident physician shall reside within the asylum grounds, and shall not be allowed to engage in any private practice, but shall be in attendance at all times at said asylum, except when he may obtain leave of absence from the directors. [Amendment, approved April 4, 1864; 1863-4, 324; took effect immediately. 3796. SEC. 8. There shall be one assistant physician, who shall be elected at the Assistant physician. same time and manner as the resident physician. He shall be a graduate in medicine, and shall have practiced his profession at least five years from the date of his diploma, Qualifications. and shall hold his office for the term of four years, and until his successor shall be elected and qualified. The assistant physician shall perform the duties and be subject Duties. to the responsibility of the resident physician in his sickness or absence, and he shall Residence. First election under act. Treasurer. Oath. Duties Expulsion of Vacancy. Failure of physi duties Proviso. perform such other duties as may be described by the by-laws. He shall have an annual salary of twenty-five hundred dollars, payable quarterly, out of any moneys appropriated by law for the use and benefit of said asylum. And the said assistant physician shall reside within the asylum grounds, and shall be supplied with provisions, fuel, and household furniture for himself and family, if he has one; provided, that after the expiration of the term of office of the present assistant physician, the said assistant physician shall not be allowed to engage in any private practice, but shall be in attendance at all times at said asylum, except when he may obtain leave of absence from the board of directors. 3797. SEC. 9. No part of this act shall be so construed as to affect the compensation of the resident and assistant physicians during their present term of office; and the first election for resident physician and assistant physician under this act shall take place at a joint meeting of the directors and medical visitors, to be holden at the time of the stated meetings of these two bodies next preceding the expiration of the term of office of the present incumbents, the twentieth day of April, A. D. eighteen hundred and sixty-five. 3798. SEC. 10. The directors shall elect, at their first meeting after the passage of this act, a treasurer, not of their number, who shall hold his office for two years, and until his successor in office shall be elected and qualified. Before entering upon his duties, the treasurer shall qualify by taking the usual oath of office, and shall give bond, with good and sufficient sureties, in the sum of twenty thousand dollars, payable to the State of California, to be approved by the directors, conditioned for the faithful performance of his duties as required by law and prescribed by the by-laws, and for the delivery to his successor of all books, papers, moneys, vouchers, and effects, held by him by virtue of his office. The treasurer shall keep a correct account of the receipts and expenditures of the asylum, together with its property, assets, and revenue. He shall act as secretary of the board of directors, shall have charge of their books and accounts; he shall render to the State board of examiners, monthly, a detailed statement, under oath, of the expenditures of the preceding month, and shall perform such other duties as the board of directors may require. He shall have an annual salary of five hundred dollars, payable quarterly out of any moneys appropriated for the use and benefit of said asylum. 3799. SEC. 11. The board of directors may expel any one of their number, or the treasurer, for good and sufficient cause; provided, that no such expulsion shall be had except by a vote of two-thirds of the whole number, nor until the party sought to be expelled shall be first heard, by counsel or otherwise, in his own defense; and any vacancy in the board, or in the office of treasurer, may be filled for the unexpired term by an election at a stated meeting of the directors, and a majority vote of the remainder of the board shall constitute an election, 3800. SEC. 12. Should the resident or the assistant physician neglect or refuse to cians to perform discharge their duties, as herein prescribed, or absent themselves without leave, and without good and sufficient cause, they, or either of them, may be suspended or removed from office, at the discretion of the directors and medical visitors; provided, that no such suspension or removal shall be had except by a vote of two-thirds of all the directors and medical visitors on joint ballot, nor until the party accused shall be confronted by his accuser, and be heard by counsel, or otherwise, in his own defense; and any vacancy in the office of resident physician or assistant physician shall be filled in the manner prescribed in this act for the election of said officers. Employees. County judge to examine insane persons. Physicians to attend. 3801. SEC. 13. Any employee of the asylum holding office or position under appointment by the resident physician, and accused of unfitness for such place, may be discharged from service by the directors; provided, that after a hearing by the directors of said employee in his defense, a majority of the board shall, by ballot, so determine. 3802. SEO. 14. The county judge of any county in the State shall, upon application under oath setting forth that a person, by reason of insanity, is dangerous to be at large, cause the said person to be brought before him, and he shall summon to appear, at the same time and place, two or more witnesses having had frequent intercourse with the accused during the time of the alleged insanity, who shall testify under oath as to conversation, manners, and general conduct upon which said charge of insanity is based, and he shall also cause to appear before him, at the same time and place, two graduates in medicine, before whom the county judge shall examine the charge, and if, after a careful hearing of the case and a personal examination of the alleged insane person, the said physicians shall certify on oath that the person so examined is insane, and that the case is of a recent or curable character, or that the said insane examination. patients 3803. SEC. 15. The county judge shall cause inquiry to be made into the ability of Further duties insane persons committed by him to bear the charges or expenses for the time he or of county judge. she may remain in the asylum. In any case where the insane person is able, by the possession of money, or real or personal property, to pay said charges, the county judge shall appoint a guardian for said insane person, who shall be subject to the general law in relation to guardians, as far as the same may be applicable, and when there is not sufficient money in hand, the judge shall order the sale of the property of such person, or so much thereof as may be necessary, from the proceeds of which sale the said guardian shall pay to the directors of the asylum the sum of fifteen dollars a Payment month, quarterly in advance, for the maintenance of said insane person, and he shall required of out of proceeds of such sale also provide clothing for said insane person, such as may when able. be required from time to time by the resident physician, and shall give a bond, with good and sufficient sureties, payable to the directors of the asylum, and approved by the county judge, for the prompt payment, in advance, of said charges, and for the supply of said clothing for every successive quarter the said insane person may remain in the asylum, or as long as there shall be a sufficiency of said property to meet said charges and expenses. Indigent insane persons having kindred in the degree of husband or wife, father, mother, or children, living within this State, of sufficient ability, said kindred shall support such indigent insane person to the extent herein prescribed for paying patients in proportion to their respective ability; and the county judge by whom such insane person shall be committed to the asylum is hereby authorized and directed to assess and apportion upon the said kindred the sum of fifteen dollars a month, payable to the directors of said asylum quarterly in advance, and said assessment or assessments is hereby made a lien against the property of the kindred of said indigent insane person, which lien shall attach on the day and date of the commitment by the county judge. In default of said kindred so assessed to meet said charges within thirty days from the date of the assessment, or otherwise provide for said insane person, the district attorney shall enforce payment thereof by suit at law in common form, and he shall be entitled to receive the same fees allowed for collection of delinquent taxes; provided, that no homestead or other property, exempt by law from execution, shall Proviso. be sold or appropriated to pay said assessments, or to pay the charges and expenses of any insane person in the asylum, when said property is necessary for the support of a father, or a mother, or a family. Should such insane person or persons recover and be discharged before the expiration of the time for which payment shall have been made in advance, the directors of the asylum shall refund to the said guardian, or to the county judge, for distribution among said kindred in the proportion in which they shall have paid, any sum remaining over and above the charges at the rate of three dollars and seventy-five cents a week; provided, that no amount shall be refunded for Proviso, any fraction of the first month the said insane person or persons may remain in the |