several duties and places, fix, with the trustees' approval, their compensation, and discharge any of them, at his sole discretion; but in every case of discharge he shall forthwith record the same, with the reasons, under an appropriate head, in one of the books of the asylum; he shall have power to suspend, until the next meeting of the trustees, for good and sufficient cause, a resident officer; but in such case he shall give written notice of the fact, with its causes and circumstances, to one of the trustees, whose duty thereupon shall be to call a special meeting of the board of trustees to provide for the exigency; he shall also, from time to time, give such orders and instructions as he may judge best calculated to insure good conduct, fidelity and economy in every department of labor and expense; and he is authorized and enjoined to maintain salutary discipline among all who are employed by the institution, and to enforce strict compliance with such instructions and uniform obedience to all the rules and regulations of the asylum; he shall cause full and fair accounts and records of all his doings, and of the entire business and operations of the institution, to be kept regularly from day to day, in books provided for that purpose, in the manner and to the extent prescribed in the by-laws; and he shall see that all such accounts and records are fully made up to the end of the year, and that the principal facts and results, with his report thereon, be presented to the trustees immediately thereafter, that they may submit the same, and a report therewith, to the legis lature. The said resident physician shall reside within the asylum, and shall not be allowed to engage in any private practice, but shall at all times be in attendance at said asylum, except when he may obtain leave of absence from the trustees; the assistant physician shall perform his duties and be subject to the responsibility of the superintendent in his sickness or absence; and the said assistant physician may call to his aid, for the time being, such medical assistance as he may deem necessary, but the compensation to be allowed shall not exceed that given to the assistant physician for like services.

ART. 93, Sec. 7. There shall also be elected, in the same manner, an assistant physician, who shall be a regular graduate in medicine, and who shall have practiced his profession at least five years from the date of his diploma; he shall reside within the asylum, and perform such other duties as may be directed by the superintendent and prescribed by the by-laws. He shall have a salary of three thousand dollars per annum, payable quarterly.

ART. 94, Sec. 8. The trustees are hereby required to estimate monthly in advance for the ascertained and probable expenses of the asylum, and the controller of state is hereby directed to draw his warrant for the amount so ascertained, in favor of the trustees, on the first day of each month, and the treasurer of state to pay the same out of the asylum fund. The superintendent shall make all purchases for the use of the asylum, for cash, and not on credit or time: every voucher shall be taken, duly filled up at the time it is taken; and with every abstract of vouchers for money paid there shall be proof on oath that the voucher was filled up and the money paid therefor at the time the voucher was taken; and the trustees shall make all needful rules and regulations to enforce the provisions of this section; provided, that nothing herein contained shall prevent the trustees from paying the present outstanding indebtedness of the asylum, and the controller shall draw his warrant for the amount, when duly audited according to law. [Am. May 1, 1854, R. S. St. 1853, 206, C. L. 924.

ART. 95, Sec. 9. Within thirty days after the passage of this act the trustees shall take the oath of office, and shall immediately undertake the organization of said asylum, in conformity with the provisions of this act. They shall by ballot elect a treasurer, who shall hold his office for one year, and until his successor is qualified; and who, before entering upon the duties of his office, shall give bond and security, to be approved by the board of trustees, in the sum of twenty thousand dollars, payable to the trustees of said asylum, conditioned for the

faithful discharge of his duties. The treasurer shall keep a correct account of the receipts and expenditures of the asylum, together with its property, assets and revenue; he shall also act as secretary to the board of trustees and of the asylum; he shall keep the books and have charge of the accounts, and perform such duties as the trustees may direct. The salary for the office of treasurer and secretary shall not exceed one thousand dollars per annum, to be paid quarterly. The assistant physician may be elected treasurer and secretary.

ART. 96, Sec. 10. The board of trustees may expel any of their members for cause, by a two-third vote of the whole number, and any vacancy in the board may be supplied by an election by the trustees.

ART. 97, Sec. 11. Should either the resident or assistant physician neglect or refuse to discharge their duty as herein prescribed, or absent themselves without the consent of the trustees, they, or either of them, shall be suspended or removed from office, at the discretion of the trustees; provided, that no such suspension or removal shall be had except by a vote of two-thirds of the whole board, nor until the party sought to be removed shall be first heard in his own defense.

ART. 98, Sec. 12. If any vacancy shall occur in the office of resident or assistant physician, such vacancy shall be filled for the unexpired term by appointment of the governor.

ART. 99, Sec. 13. All officers appointed or elected under this act shall be citizens of the United States, and of this state, and shall, before entering upon their duties, take an oath of office faithfully to perform their respective trusts; and no officer shall be allowed to charge or appropriate any fee or perquisite to his own use. ART. 100, Sec. 14. The county judge of any county in this state shall, upon application of any person under oath, setting forth that any person, by reason of insanity, is unsafe to be at large, or is suffering under mental derangement, cause the said person to be brought before him at such time and place as he may direct; and the said county judge shall also cause to appear, at the same time and place, two respectable physicians, who shall proceed to examine the person alleged to be insane, and if said physicians, after careful examination, shall certify upon oath that the charge be correct, and if such judge be satisfied that such person is, by reason of insanity, unsafe to be at large, he shall cause the lunatic person to be conveyed to, and placed in, the insane asylum. The county judge shall also cause inquiry to be made into the ability or inability of such insane person to bear the charge or expense for the time he may remain in the asylum, and he shall certify the result of the inquiry to the trustees of the asylum; and in those cases where the insane person possesses the ability to pay this expense, the trustees shall require a deposit at the time of admission, and from time to time in advance, so long as the insane person remains an inmate of the asylum.-[Am. May 1, 1854, R. S. St. 1853, 206, C. L. 925.

ART. 101, Sec. 15. The courts of this state shall have power to commit to said asylum any person who may have been charged with an offense punishable by imprisonment or death, who shall have been found to be insane, in manner provided by law at the time the offense was committed, and who shall continue

insane.

ART. 102, Sec. 16. The county sending the insane person to the asylum shall in all cases, where the person be indigent, be at the expense of such conveyance, and, in the event of the death of such person, be chargeable with the funeral expenses.-[Am. May 1, 1854, R. S. St. 1853, 207, C. L. 925.

ART. 103, Sec. 17. Paying patients, whose friends or whose property can pay their expenses, shall pay according to the terms directed by the trustees; but the insane poor shall in all respects receive the same medical care and treatment from the institution, and good and wholesome diet, and no record of debt shall be made against them.

ART. 104, Sec. 18. Two-fifths of all moneys which may be received in commu

tation of bonds, in accordance with an act concerning passengers arriving in the ports of the state of California, approved May third, one thousand eight hundred and fifty-two, is hereby set apart and appropriated as a fund for the Insane Asylum of California.

Act of January 28, 1854, relative to the Insane Fund.

Sec. 1. It shall be the duty of the state treasurer to turn over to the "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 twentieth, one thousand eight hundred and fifty-two. (1)

Act of April 9, 1857, to Authorize the Governor to remove Insane Persons from the State Prison to the Insane Asylum.

ART. 105, Sec. 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.

Sec. 2. Should said convict recover his sanity before the expiration of his term of sentence, the resident and assistant physician of the asylum shall certify the same to the governor, who, upon the receipt of such certificate, shall order said convict to be sent back to the state prison.

JUDICIAL DECISIONS.

1. THE legislature failing to elect a resident physician, the governor may appoint at the expiration of the term of the incumbent. People v. Reid, July T. 1856.

2. The failure of the legislature to classify the trustees of the insane asylum extended the term of all to the period of two years. People v. Baine, Oct. T. 1856.

See Office, Constitutional Construction.

ARTICLE

VIII. ATTORNEY.

I-ATTORNEY-GENERAL.

ARTICLE

tain other duties.

106. Attorney-General, where to reside and keep office; 109. To supervise district attorneys and perform cernot to depart from state without leave from legislature; to be commissioned; how to qualify.

107. Duties of.

110. To report annually to governor.

111. To assist district attorneys in certain cases.

108. To give written opinion in certain cases without 112. How elected. fee.

113. Compensation.

II.-DISTRICT ATTORNEY.

114. District-attorney, in each county; when elected | 123. Penalty for refusing to account.

and to enter upon office.

115. To file a bond.

116. Shall be public prosecutor.

117. To conduct prosecutions.

118. Failing to appear, court to appoint deputy.

124. Shall give opinion in certain cases without fee.
125. When forbidden to act as counsel in civil action.
126. Shall keep registe of business.

127. Penalty for neglect of duty.
128. Salary.

119. Duty in certain cases to institute proceedings be- 129. Duty relative to claims against county.

fore magistrates.

120. Duties further specified.

121. To receipt for money received officially.

122. To account on oath.

130. Same.

131. Any citizen may appear and oppose claim against county.

(1) See Land.

132. Who may be admitted as an attorney and coun- 144. When and by what court an attorney may be reselor.

133. What is required of applicants..

134. Certificate of admission.

135. District and county courts may admit.

136. Oath of office.

137. When examination may be dispensed with.

138. Roll of attorneys to be kept.

139. Penalty for practicing without license.

140. Authority of attorney.

141. Change of attorney, how made.

142. Notice of change to be given.

moved.

145. Convicted of felony, duty of clerk.

146. Proceedings to remove an attorney.

147. The accusation.

148. Same.

149. The answer.
150. Pleadings.

151. Same.

152. Same.

153. Same.

154. Same.

143. Death or removal of attorney.

I.

155. Trial.

156. Judgment on conviction.

ATTORNEY-GENERAL.

Act of February 1, 1850, concerning the Office of Attorney-General.

ARTICLE 106, Sec. 1. The attorney-general shall reside and keep his office at the seat of government, and shall not depart from the state without leave of absence from the legislature. He shall be commissioned by the governor, and shall take the oath prescribed by the constitution, and shall give bond, with security to be approved by the governor, in the sum of twenty thousand dollars, conditioned for the faithful performance of the duties of his office.

ART. 107, Sec. 2. The attorney-general shall attend each of the terms of the supreme court, and there prosecute or defend, as the case may be, all causes to which the state may be a party; also, all causes to which any officers of the state, in their official capacity, may be a party; also, all causes to which any county may be a party, other than those in which the interest of the county may be adverse to the state, or any officer of the state, acting in his official capacity; and after judgment obtained in any such cause, he shall direct such proceedings, and sue out such process as may be required to carry the same into execution. He shall account for and pay over to the proper officer any money which may come into his hands belonging to the state or any county. It shall also be his duty to assist in all impeachments which may be tried before the senate.

ART. 108, Sec. 3. When required, the attorney-general shall give his opinion, in writing, without fee, to the legislature, or either house thereof, upon any question of law, and to the governor, the secretary of state, controller, treasurer, surveyor-general, the trustees or commissioners of state hospital or asylum, and any district attorney, upon any question of law relating to their respective offices.

ART. 109, Sec. 4. The attorney-general shall supervise the district attorneys of the state in all matters pertaining to the duties of their office. He shall, from time to time, in his discretion, require of the district attorneys such a report as to the condition of public business intrusted to their charge, as may be prescribed by law, regulating the duties of district attorneys. He shall keep a docket of all causes to which the state, or any officer of the state in his official capacity, or any county may be a party, which docket shall at all times in business hours be open to the inspection of the public, and shall set forth the county, district, and court, in which said causes shall have been instituted, tried and adjudged, and whether civil or criminal causes; if civil causes, the nature of the demand, the stage of the proceedings, and when prosecuted to judgment, a memorandum of the judgment, of the process, if any issued thereon, and whether satisfied or not, and if not satisfied, the return of the sheriff on said process; and if criminal causes, the nature of the crime, the mode of prosecution, the stage of the proceedings, and when prosecuted to sentence, a memorandum of the sentence, and of the execution thereof, if the same shall have been executed, and if not executed, of the reasons of the delay or prevention of execution.

ART. 110, Sec. 5. The attorney-general shall also, on the fifteenth day of December, annually, report to the governor the condition of the affairs of his department, and in said report make such suggestions as shall appear to him calculated to improve the laws of the state. These reports shall be accompanied and verified by the reports which he shall have received from the district attorneys of the state, and by a transcript from the docket which he is herein commanded to keep. He shall communicate to the governor, or either house of the legislature, whenever requested, any information concerning his office.

ART. 111, Sec. 6. It shall be the duty of the attorney-general, whenever in his opinion required by the public service, or when directed by the governor, to repair to any district in the state and assist the district attorney in the discharge of his duties.

ART. 112, Sec. 7. The attorney-general shall be elected in the manner prescribed by the constitution and the law regulating elections.

ART. 113, Sec. 8. The attorney-general shall receive such compensation as may be prescribed by law.

II. DISTRICT ATTORNEY.

Act of April 29, 1851, concerning District Attorneys.-[Took effect first Monday in Oct. 1851. R. A. St. 1850, 112, chaps. 39 and 40.

ART. 114, Sec. 1. There shall be a district attorney in each county of this state, who shall be elected by the electors of the county, at the general election of the present year, and at the general election every two years thereafter, and shall enter upon his duties on the first Monday of October subsequent to his election.

ART. 115, Sec. 2. Before entering upon the duties of his office, he shall execute and file with the county clerk, a bond to the state, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties.

ART. 116, Sec. 3. The district attorney in each county shall be the public prosecutor therein.

ART. 117, Sec. 4. He shall attend the district courts held in his county, and the courts of sessions in his county, held for the transaction of criminal business, and conduct on behalf of the people all prosecutions for public offenses.

ART. 118, Sec. 5. If he fails to attend any term of those courts, the court shall designate some other person to perform the duties of district attorney during his absence from the court, who shall receive a reasonable compensation, to be certified by the court, and paid from the county treasury.

ART. 119, Sec. 6. The district attorney, when not in attendance upon the district court, or court of sessions, shall institute proceedings before magistrates, for the arrest of persons charged with, or reasonably suspected of public offenses, when he has information that any such offense has been committed; and for that purpose shall attend upon the magistrates in cases of arrest, when required by them, and shall attend before, and give advice to the grand jury, whenever cases are presented to them for their consideration.

ART. 120, Sec. 7. The district attorney shall draw all indictments when required by the grand jury; shall defend all suits brought against the state or his county; shall prosecute all recognizances forfeited in the district court, or court of sessions; and all actions for the recovery of debts, fines, penalties and forfeitures, accruing to the state, or his county; and he shall also perform such other duties as may be required of him by law."

ART. 121, Sec. 8. When he receives money or property, in his official capacity, he shall deliver a receipt therefor to the person from whom he receives it, and file a duplicate thereof with the county treasurer.

ART. 122, Sec. 9. He shall, on the first Mondays of January, April, July and October, in each year, file, in the office of the county treasurer, an account in writing, verified by oath, of all moneys received by him, in his official capacity, during the preceding three months, and shall, at the same time, pay it over to the county treasurer.