ARTICLE 67, Sec. 1. The county assessor shall hold his office for the term of one year (1) from the date of his election and until his successor is elected and qualified, and shall do and perform all the duties which are now or may hereafter be required of him by law.

ART. 68, Sec. 2. He shall, before entering on the duties of his office, execute bond, with two or more freehold sureties, to the acceptance of the county judge of his county, in the penal sum of five thousand dollars, conditioned for the faithful discharge of all duties imposed on him by law, and take the oath of office prescribed by law, which shall be indorsed on his certificate of election.

ART. 69, Sec. 3. In all cases where the office of county assessor becomes vacant, from any cause whatever, and the interests of the county and state require that such vacancy should be filled previous to the next annual election, the court of sessions of the county shall appoint some suitable person possessing the qualifications of an elector, residing within such county, to fill the vacancy, and the son thus appointed shall give bond and take the like oath as is required of assessors chosen by the people, and shall hold his office until the next annual election and until his successor is chosen and qualified. (2)

per

ART. 70, Sec. 4. Said assessor shall have the power of appointing one or more deputies to aid in his official duties, for whose conduct he shall be responsible. ART. 71, Sec. 5. If any assessor shall, by himself or deputy, be guilty of any neglect of duty enjoined on him by law, the court of sessions may make such deduction from his account for services rendered, as they may deem just and reasonable, and shall, moreover, be liable to indictment in any court of competent jurisdiction, and fined in any sum not exceeding five hundred dollars. (1)

ART. 72, Sec. 6. Each county assessor and deputy assessor shall, at the end of each week in which he shall have been engaged in the performance of any of the duties required of him by law, enter an account, in writing, of the number of days or parts of days he may have been so engaged during the week, and at the next regular term of the court of sessions, after the return of his assessment roll, shall present such statement to said court, and shall make oath to the truth thereof, and shall answer such questions respecting the same as may be propounded to him by said court. (2)

[Sec. 7, repealed by revenue act of 1854. St. 1850, 117.]

ART. 73, Sec. 8. Suit may be instituted on such assessor's bond, in the manner designated by law, for the benefit of any person who may be aggrieved by the wrongful conduct of such assessor or his deputy.

ART. 74, Sec. 9. The assessor and his deputy are hereby authorized to administer all oaths and affirmations contemplated by law in the discharge of their duties as such assessors.

See Revenue, Supervisors, Crimes and Punishments, Office, Bonds, Counties.

JUDICIAL DECISIONS.

1. WHERE an assessment is laid upon land, it is not within the province of a court to interpose and order a sale of the land by a decree rendered in an injunction suit, instituted for the purpose of preventing a sale under the assessment. Weber v. City of San Francisco, 1 Cal. 455.

2. The common council of the city of San Francisco has no authority to impose a penalty of one per cent. per day for the non-payment of an assessment. Id.

(1) For term, see Office.

(2) The legislature can impose no duties on the judiciary, except such as are of a judicial character. People . Nevada, April T. 1856. See Supervisors.

3. Where an assessment was laid for the purpose of improving a street, thereby benefiting the property of the plaintiff in common with others in the same street, and the improvement was completed without the plaintiff's interposing to prevent it, an injunction will not lie to stay the sale of the land under an ordinance of the city for the purpose of avoiding payment of the assessment. Id.

4. If the injunction bill had been filed before the work was commenced, the court would have felt bound to inquire into the regularity of the assessment. Id.

5. Manner of assessing lands. Palmer v. Boling, Oct. T. 1856.

VI.-ASSOCIATIONS, RELIGIOUS, ETC., INCORPORATION OF.

Act of April 22, 1850, concerning Corporations. Chap. 8.

ARTICLE 75, Sec. 175. It shall be lawful for all churches, congregations, religious, moral, beneficial, literary or scientific associations or societies, by such rules or methods as their rules, regulations or discipline may direct, to appoint or elect any number, not less than three nor more than fifteen, as trustees or directors, to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof.-[Am. May 13, 1854, R. S. St. 1850, 373, C. L. 308.

ART. 76, Sec. 176. Upon the appointment or election of such trustees or directors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the judges holding the election, stating the names of the trustees or directors. The name by which the said trustees shall thereafter forever be called and known shall be particularly mentioned and specified. ART. 77, Sec. 177. Such certificate shall he acknowledged by the persons making the same, or proved by a subscribing witness thereto, before some officer authorized to take acknowledgment of deeds, and recorded, together with the certificate of such acknowledgment or proof, by the clerk of the county within which such church, congregation, religious, moral, beneficial, literary or scientific society or association shall be situated.

ART. 78, Sec. 178. Such trustees or directors may have a common seal, and may alter the same at pleasure; they may take into their possession and custody all the temporalities of such corporation, whether the same shall consist of real or personal estate, and whether given, granted or devised, directly or indirectly, to such society or association, or to any person or persons for their use; they may sue and be sued; may recover and hold all the debts, demands, rights and privileges, all churches, burying places, halls, school houses, hospitals or other buildings, all the estates and appurtenances belonging to such association or society; they may have, lease and improve the same, erect all houses or buildings that are necessary to carry out the objects of the society or association, and perform all duties imposed on them by the regulations, rules or discipline of such organization.

ART. 79, Sec. 179. It shall be lawful for the county court of the county in which any such corporation shall have been constituted, on the application of such corporation, if such shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom to such uses as the said corporation, with the approbation of said court, shall conceive to be for the interest of such corporation.

ART. 80, Sec. 180. Every corporation of the character aforesaid, heretofore incorporated, in pursuance of law, and not since dissolved, shall be and is hereby established and confirmed; and in case of the dissolution of any such corporation, or any corporation hereafter to be formed in pursuance of the provisions of this chapter, for any cause whatever, the same may be incorporated under the provisions of this chapter, at any time within six years after such dissolution, and thereupon all the estate, real and personal, formerly belonging to the same, and not lawfully disposed of, shall vest in such corporation, as if there had been no such dissolution.

ART. 81, Sec. 181. All lands, tenements and hereditaments, that have been or may hereafter be lawfully conveyed by devise, gift, grant, purchase or otherwise, to any persons, as trustees in trust for the use of any such organization, shall descend, with the improvements, in perpetual succession to, and shall be held by such trustees, in trust for such organizations, provided the amount of real estate held by such society shall never exceed the amount named in the following section.

ART. 82, Sec. 182. The real estate held by the trustees in trust for such organization, shall in no case exceed four whole lots in a town or city, or twenty acres in the county; nor shall the annual income of such real and personal property, held in trust by them, exceed the sum of twenty thousand dollars; provided, that the grand lodge of the ancient order of free and accepted masons in this state, or any subordinate lodge thereof, may acquire and hold such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the charitable purposes of said grand lodge, or subordinate lodges, or for the establishment and endowment of a college, school or schools in said state, and for the necessary use and ceremonies of said order, and may sue and be sued, and shall have such other general powers as are granted to corporations under an act entitled "An Act concerning Corporations," passed April twenty-second, one thousand eight hundred and fifty.--[Am. May 7, 1853, R. S. St. 1852, 168; St. 1850, 374, C. L. 309.

ART. 83, Sec. 183. It shall be the duty of said trustees annually to make a full report of all property, real and personal, held in trust by them, and the condition of the corporation, to the society or association by which they have been appointed or elected, a copy of which report shall be filed in the county clerk's office, where the original certificate is filed, with an affidavit of the truth of such report, and also that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file.

ART. 84, Sec. 184. Whenever the rules, regulations and discipline of any religious denomination, society or church require, for the administration of the temporalities thereof, and the management of the estate and property thereof, it shall be lawful for the bishop, chief priest, or presiding elder of such religious denomination, society or church to become a sole corporation, in the manner prescribed in this chapter, as nearly as may be, and with all the powers and duties, and for the uses and purposes in this chapter provided for religious incorporations, and subject to all the conditions, limitations and provisions in said chapter prescribed; provided, that, for proof of the appointment or election of such bishop, chief priest or presiding elder, it shall be sufficient to record with the clerk of the county in which such bishop, chief priest or presiding elder resides, the original, or a copy of his commission, or certificate, or letters of election or appointment, duly attested; and that all property held by such bishop, chief priest or presiding elder, shall be in trust for the use, purpose and behoof of his religious denomination, society or church; and that the limitation, in section one hundred and eightytwo, shall not apply to incorporations formed under this section; and provided, also, that the district judge of the district in which any incorporation is formed

under this chapter, shall, at all times, have access to the books of such incorporation. [Am. May 13, 1854, R. S. St. 1852, 168; St. 1850, 374, C. L. 310.

Act of March 13, 1857, further to extend the Act concerning Corporations, passed April 22, 1850.

ART. 85, Sec. 1. Any nine or more persons who may desire to act in concert for the care, protection, relief or improvement of, 1. Orphans; or, 2. Foundlings; or, 3. Shipwrecked or destitute sailors; or, 4. Sick and disabled, or unprotected and needy persons; or, 5. For the establishment and management of cemeteries; and who shall desire to form an incorporated society for the promotion of either of the said benevolent objects, may do so by complying with the provisions of chapter eight of the act concerning incorporations, passed April twenty-second, one thousand eight hundred and fifty; and such benevolent societies, incorporated under the provisions of said act, as hereby extended, shall possess the same powers, be subject to the like liabilities, and enjoy the like privileges as therein. provided; provided, that any corporation established for purposes of forming or conducting of cemeteries, shall be competent to take and hold any quantity of land not exceeding three hundred and twenty acres.

ART. 86, Sec. 2. The corporations hereinbefore enumerated shall have power to elect such officers, and such number of directors, managers or trustees, and fill vacancies, and make such needful rules and regulations to carry their benevolent objects into effect as they may, by their constitution and by-laws, from time to time provide, and as shall not be inconsistent with any of the laws of the land.

96. Expulsion of members from board of trustees.
97. Suspension and removal of physicians.

98. Vacancy in office of physician, how filled.
99. Officers, qualifications and duties of.

100. Inquisition of insanity; expenses of insane, how
borne.

101. Criminal, insane, may be committed to.

102. Expense of conveying insane to asylum, how
borne.
103. Paying patients.

94. Expenses of, how paid; purchases how made and 104. Fund of asylum. vouchers.

95. Organization of; treasurer how elected, and du

ties; salary of.

105. Insane convict, how removed to asylum; on recovery, to be returned to prison.

Act of May 17, 1853, establishing an Asylum for the Insane.

ARTICLE 87, Sec. 1. There shall be established within and for the state of California an asylum for the insane, by the name of the Insane Asylum of California, and all buildings belonging thereto or connected therewith shall be erected upon the grounds donated to the state in or near the city of Stockton; and the trustees of the Stockton state hospital and the insane hospital, are hereby directed to deliver to the trustees of the Insane Asylum of California all property of every description belonging to or in any wise appertaining to the Stockton state hospital, and the insane hospital, which has come under their care as provided by law; and upon delivery of said property they shall receive from the trustees of said asylum a receipt therefor, and shall deliver said receipt to the controller of state. Accompanying said receipt shall be attached a list of the insane patients transferred to the trustees of the Insane Asylum of California.

ART. 88, Sec. 2. The administration of said asylum shall be confined to a board

of trustees, to be composed of five members to be chosen by the legislature. Said trustees shall be divided by the legislature into two classes; the trustees of the first class shall go out of office at the expiration of one year, so that two shall be chosen at the end of the first year and three at the end of the second year; three of whom shall be permanent citizens of Stockton, or vicinity, and shall elect by ballot, from their number, a president to preside over their deliberations, and perform such duties as may be required by law and the by-laws of the institution, and a vice-president to act as president in his absence; they shall be known by the name and style of the trustees of the Insane Asylum of California, and by that name they and their successors shall be known in law, have perpetual succession, may sue and be sued in all the courts of this state, and may receive and hold property, real and personal, for the use and benefit of said asylum. (1) ART. 89, Sec. 3. The board of trustees shall have full power to manage and administer the affairs of said asylum. They shall cause a draft of such building or buildings to be made as they may deem necessary and proper for the Insane Asylum of California, which draft or plan shall be subject to the inspection of the governor of the state, and if he approve the same, they may receive sealed proposals for the furnishing of the material and for the erection of the same, and the contract shall be given to the lowest responsible bidder; provided, that the cost shall not exceed, when completed, the sum of fifty thousand dollars; provided, that nothing herein contained shall prevent the trustees, with the consent of the governor, from entering into a contract with the contractor or contractors of the present hospital buildings to complete the same in conformity with this section.

ART. 90, Sec. 4. The trustees shall have power to make 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; they shall cause to be kept a record of their proceedings, which shall at all times be open to the inspection of a committee of the legislature. During the first week of each session, an annual report shall be submitted to the legislature, showing the annual receipts and expenditures, the condition of the asylum, the number of patients admitted during the year, the number remaining in the asylum at the date of the report, and such other matters touching the general affairs of the asylum as they may deem advisable. They shall make a thorough visitation of the asylum monthly; at the end of each year a full and detailed statement shall be drawn up by the trustees and submitted to the legislature during the first week of the session thereof; they shall have stated meetings at least once a month, and a majority shall constitute a quorum to transact business.

ART. 91, Sec. 5. The legislature shall elect, on joint ballot, one resident physician, who shall be superintendent of the asylum; he shall hold his office for two years, and until his successor is appointed 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, and he shall receive an annual salary of five thousand dollars, payable quarterly out of any moneys belonging to the hospital fund, or set apart by law for the use of said asylum. Said resident physician shall be supplied with provisions, fuel, household furniture, and such other necessaries as may be required for the comfort of himself and family, if he has one. (2)

ART. 92, Sec. 6. The resident physician, who shall also be the superintendent, shall be the chief executive officer of the asylum; he shall have the general superintendence of the buildings, grounds and property, and the direction and control of all persons therein, subject to the laws and regulations established by the trustees; he shall daily ascertain the condition of the patients and prescribe their treatment; he shall appoint, with the approval of the trustees, so many assistants and attendants as he may think proper and necessary for the economical and efficient performance of the business of the asylum, prescribe their (1) People v. Baine et al. Oct. T. 1856.

(2) People v. Reid, July T. 1856.