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faithfully to discharge the duties of their office; and said board of directors shall appoint a clerk of their own body, whose duties shall be defined by the board.
Sec. 3. The board of directors or a majority of them, shall form a quorum to transact business, shall be a body corporate and politic, with perpetual succession, and shall be known by the name of “The Board of Directors of the County Infirmary of
County." They may make all such contracts and purchases as may be necessary for the institution, and may prescribe such rules and regulations as they may think proper for the management and good government of the same, and for introducing the practice of sobriety, morality, and industry, among its inhabitants. They shall meet, quarter-yearly, at such place as they may agree on, and the president may call a special meeting of the board at any time he may deem it necessary.
Sec. 4. The board of directors shall appoint a superintendent, outside of said board, who shall reside in some apartment of the county infirmary, or other building contiguous thereto, and shall receive such compensation for his services, perform such duties, and give security for their faithful performance, as the board shall judge proper. He shall be governed in all respects by the rules and regulations of the board, and may be removed by them at pleasure. He may require all persons received into the county infirmary to perform such reasonable and moderate labor as may be suited to their ages and bodily strength, the proceeds of which shall be appropriated to the use of the institution in such manner as the board of directors may point out. The superintendent shall receive into the county infirmary any person who shall produce to him such an order or voucher as is hereinafter required, and he shall enter into a book to be provided by him and kept for that purpose the name, age, birthplace, lerigth of residence, state last from, previous habits and present condition of the person, as near as may be, of every person so received into the county infirmary, together with the day on which such person was received.
Sec. 5. The board of directors shall cause the county infirmary to be visited at least once in every month by a committee of their body, which committee shall carefully examine the condition of the inmates, the manner in which they are fed, clothed and otherwise provided for and treated. They shall ascertain what labors they are required to perform, and shall inspect the books and a counts of the superintendent and make report thereof at the next meeting of the board.
Sec. 6. The board of directors shall every year cause to be published, in at least two county newspapers, and in one if there is no more published, the state of the institution, with a full and correct account of all their proceedings, contracts and disbursements; and the expense of establishing and supporting the institution shall be paid on the order of the county auditor, by the direction of the supervisors, out of any money in the "County Infirmary Fund” of the county
Sec. 7. It shall be the duty of the board of directors to take cognizance of all indigent persons for whose benefit the funds provided in this act have been set apart, and to make all contracts they may deem necessary to provide for the same; and all applications for the benefits of this act shall be made to the board of directors or superintendent by them appointed; and when any person has been or shall hereafter be received into any county infirmary as an indigent, on account of any infirmity or disease, the directors of such county infirmary may, when, in their opinion, such person is so far restored to health and bodily strength as to be able to support himself or herself, direct the superintendent of such county infirmary to discharge such person therefrom.
Sec. 8. All moneys received in commutation of bonds, under the provisions of " An Act concerning passengers arriving in the ports of the state of California," shall be used for no other purpose than for the protection and support of the indigent, and shall constitute and be known as the “Infirmary Fund of the State of California."
Sec. 9. The infirmary fund, together with all other moneys collected for the benefit of said fund, shall be set apart by the state treasurer for the purpose expressed and directed in the eighth section of this act, and after the first day of June, one thousand eight hundred and sixty, shall be divided and apportioned among the counties of this state, in proportion to the population as ascertained by the census of one thousand eight hundred and fifty; provided, that until the official return of the next census shall be made, the pro rata distribution shall be made upon the highest aggregate vote of the different counties, as returned to the secretary of state's office at the last general election; and said funds shall be paid over by the treasurer of the state, on the warrants of the state controller, who shall issue such warrants upon receiving the order of the board of supervisors to the treasurer of each county. The board of supervisors of each county shall use the same for the support and care of the indigent in their counties, and for no other purpose, and shall render an annual account of the use made thereof to the controller of state, to be presented by him, in a condensed form, in his annual report. The amounts appropriated after the first apportionment shall be due to the counties on the first Mondays of March, June, September, and December, of each year.
Sec. 10. The board of directors shall employ such medical aid for the proper treatment and care of the indigent, as may in their judgment be required, and shall fix the compensation of the same. Every physician employed by the board of directors, shall be a graduate from some
legally incorporated regular college of medicine, or a licentiate of some existing board of medical examiners, of this or any other state. Any physician being employed by the board aforesaid, to attend to the indigent of the county in which he resides, and failing to perform any of the duties assigned him by the board aforesaid, or willfully neglecting the same, shall be forth with discharged; provided, the said charge or charges, be sustained by competent testimony before the board of directors.
Sec. 11. When necessary, it shall be the duty of the board of directors to provide a suitable building or buildings, for the separate accommodation of the indigent laboring under contagious disease.
Sec. 12. In addition to the taxes to be assessed under the provisions of law now existing, or which may hereafter exist, the board of supervisors of each county, may annually assess such taxes, not exceeding one-fourth of one per cent. on all real and personal property in their respective counties, as may by them be deemed necessary and sufficient, for the care and protection of the resident indigent; which tax shall be collected in the same manner, at the same time, and by the same officers who are or may be appointed to collect county and state revenue; and the said taxes, when collected, shall be paid into the county treasury, and the treasurer shall receipt therefor; and the money thus collected shall constitute and be known as the “County Infirmary Fund” of the county, and be used for the care and protection of the indigent, and shall be appropriated for no other object.
Sec. 13. No money set apart under the provisions of this act, for the benefit of the indigent, shall be drawn from the hands of the officer or officers having charge of the same according to law, except upon presentation of the order of the board of directors, drawn on the county infirmary fund.
Sec. 14. No person having charge, care, keeping or disbursing of the funds provided for in this act, or any part thereof, shall have any interest, directly or indirectly, in any undertaking or contracts made or entered into for the purpose of carrying out the object and intention of this act.
Sec. 15. It shall be lawful for the auditor of a county in which a county infirmary may be situated, to receive any order or orders, given by the board of directors of said institution, to any person or persons, for labor, provisions, medical attendance, or supplies of any kind, furnished for said institution, and to give an order on the county treasurer, who shall receive the same and pay out of any money in his hands appropriated for that purpose.
Sec. 16. The board of directors shall have power to receive, dispose of, and convey all real and personal property conveyed to them by gift, devise, or otherwise, for use of the indigent, and said board shall prosecute and defend any action at law, when the interest of the county infirmary fund requires it.
Sec. 17. If any person shall transport, remove or bring, or cause to be transported, removed or brought, any poor or indigent person from any city or county in this state, to any other city or county in this state, without lawful authority, and there leave such poor or indigent person, with intent to make such city or county chargeable with the support of such pauper, each and every person so offending shall forfeit and pay the sum of one hundred dollars for each and every such offense, for the use of the indigent of the city or county in which such pauper shall be left, to be recovered by action of debt, in the name of the state of California, before any court of competent jurisdiction.
Sec. 18. If any person shall willfully and without lawful authority bring or cause to be brought into this state any poor or indigent person, or lunatic, without a protector, from any place without this state, and there leave or attempt to leave such person, with intent to make the city or county, or city and county in which such person shall be left, or attempted to be left, chargeable with the support or maintenance of such person, each and every person so offending shall forfeit and pay not less than one hundred nor more than six hundred dollars for every such person left, or attempted to be left, to be recovered in the name of the state of California, in the action of debt, before any court of competent jurisdiction, for the use of thel city or county wherein such poor or indigent person or lunatic shall be left, or attempted to be left, as aforesaid, and any person or persons guilty of either of the offenses specified in this section, shall be obliged to convey such poor or indigent person or lunatic person out of this state, or shall give bond to the state of California, with security to be approved of by the treasurer of such city or county, for the maintenance of such poor or indigent person or lunatic; provided, however, that in every county, wherein the poor are supported in a county infirmary, the penalties which may be collected under this act, shall be appropriated for the benefit of such county infirmary.
Sec. 19. It shall be the duty of the board of directors and of the prosecuting attorneys of each county, whereof any of the offenses by this act provided against, shall be committed, to cause such offense to be prosecuted as soon as possible after the commission of such offense, and all such offenses shall be prosecuted by commencing proceedings within one year after the commission of the offense, and not thereafter; and in all cases where prosecution shall fail, the costs of court shall be taxed against, and paid by, the county which would be entitled to the penalty if the prosecution had been successful.
Sec. 20. "Indigent person" or "invalid” is defined to be every poor person who is blind, lame, old, sick, impotent, or decrepit, or in any other way disabled or enfeebled, so as to be unable by his or her work to maintain themselves, and as such come under the provisions of this act.
Sec. 21. The board of directors of the county infirmaries shall have power to bind out to apprenticeship all such indigent children as may belong to the county infirmaries, in the same manner as that authorized by the provisions of the act entitled "An Act to provide for Binding Minors as Apprentices, Clerks, and Servants," approved April teith, one thousand eight hundred and fifty-eight.
Sec. 22. Every county infirmary provided by any county for the reception and support of the indigent, and all real and personal property whatever belonging to or connected with the same, shall be exempt from all assessment and taxation levied either by the state or by any county, city, town, or village; and the superintendent of every county infirmary established under the provisions of this act, shall be exempt from all service in the militia, from serving on juries, and from all assessments for labor on the highways.
Sec. 23. The board of directors shall have power in their respective counties to change county hospitals into county infirmaries, or, after thirty days' notice in one or more newspapers of the county in which they may reside, to sell at public or private sale, and cause to be conveyed, any property belonging to the county, as county hospitals or pertaining thereto, appropriating the proceeds of such sale to the use of their respective county infirmaries.
Sec. 24. The county hospital fund of the respective counties to which this act applies is hereby transferred to the infirmary fund of the same; and all moneys 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.
Sec. 25. This act shall be in force only in those counties of this state whose supervisors shall elect to adopt the system hereby established.
Sec. 26. The following counties are exempt from the provisions of this act: Humboldt, Placer, Yuba, Sacramento, Mendocino, Santa Cruz, San Luis Obispo, Shasta, Siskiyou, Sierra, Calaveras, Yolo, Plumas, Nevada, Tuolumne, Sonoma, and Monterey.
Act of April 21, 1860, to provide for the better maintenance of the Indigent Sick of Calaveras county. ART. 516, Sec. 1. The board of supervisors of Calaveras county are hereby legally authorized to levy, annually, and cause to be collected, a special per capita tax, not to exceed the sum of one dollar for each taxable inhabitant thereof, to be appropriated to the maintenance of the indigent sick of Calaveras county.
Sec. 2. The tax specified by this act shall be collected in the same manner and by the same officers who are now empowered to collect the poll tax of said county. And the said tax, when collected, shall be paid into the county treasury; and the treasurer shall receipt therefor, and the money thus collected shall be set apart and shall constitute and be known as the “Special Hospital Fund” of said county, and shall be used for the care and protection of the indigent sick of said county, and shall be appropriated for no other purpose.
Sec. 3. The treasurer of the county of Calaveras shall cause to be procured blank receipts for the tax herein provided, which receipts shall be signed by the treasurer, and countersigned by the county recorder, and by the treasurer delivered to the poll tax collectors, taking their receipts for the same, and making a registry of the same with the number thereof, in a book to be kept by him for that purpose.
Sec. 4. No money set apart under the provisions of this act for the benefit of the indigent sick shall be drawn from the hands of the treasurer, except upon the presentation of an order from the board of supervisors drawn on the special hospital fund. Sec. 5. The provisions of this act shall take effect from and after its passage.
Act of April 18, 1860, to regulate the care and maintenance of the Indigent Sick in Yuba county. ART. 517, Sec. 1. It is hereby made the duty of the board of supervisors of the county of Yuba, to provide for the care and maintenance of the indigent sick of Yuba county, as in this act provided, and not otherwise.
Sec. 2. The board of supervisors shall keep and furnish when needed, sufficient buildings and grounds for a county hospital.
Sec. 3. Said board of supervisors shall appoint a practicing physician, who shall be a graduate of some legally incorporated medical college, and whose duty it shall be to attend to the indigent sick of said county, and render all the medical aid and treatment to such indigent sick that may be required. Such physician shall receive a salary not exceeding the sum of two thousand dollars a year, to be paid, quarterly, in cash, from the hospital fund of Yuba county.
Sec. 4. The physician so appointed shall be styled the hospital physician of Yuba county, and shall hold his position under such appointment for the term of two years, subject however to be removed at any time, by an order of the board of supervisors made therefor; and in case of such removal, he shall only draw his pro ruta of such salary for the time he has held such position of physician; provided, no such removal shall take place unless said hospital physician shall have been guilty of some misconduct, or neglect of duty; in which case he shall be furnished by the board of supervisors, at least three days before the hearing, with written specifications of the charges made against him, and he shall have the right to appear before the board and contest such charges.
Sec. 5. It shall be the duty of such hospital physician, under the provisions, orders, and directions of the board of supervisors made therefor, to pass upon all applications for admittance to the hospital of said county, and to give his certificate of admittance thereto, in all proper cases. It shall also be his duty to report to the hospital warden, hereinafter provided for, all persons whose condition of health warrants their discharge from such hospital.
Sec. 6. It shall be the duty of said board of supervisors to appoint some competent person of age and experience, and having a wife and family, as hospital warden, who shall hold such position for the term of two years, under such appointment, subject to removal therefrom by said board of supervisors, at any time, by an order made therefor; that the salary of such warden shall not exceed one thousand dollars a year, besides the board of himself and three members of his family, which salary shall be paid, quarterly, in cash, out of the hospital fund of said county; and in case of a removal from such position, he shall draw pay only for the time for which he may have held such position of warden; provided, no such removal shall take place unless said hospital warden shall have been guilty of some misconduct or neglect of duty; in which case he shall be furnished by the board of supervisors, at least three days before the hearing, with written specifications of the charges made against him; and he shall have the right to appear before the board and contest such charges.
Sec. 7. It shall be the duty of such warden to remove into said hospital with his wife and the members of his family, to be boarded and there reside, and take charge of the same, the grounds thereto attached and the indigent sick therein kept, and superintend and take charge of the care and management of such hospital under and in pursuance of the orders and directions of said board of supervisors and the medical advice and direction of such physician; and it shall be the duty of such warden to receive all persons into said hospital having a certificate therefor from the hospital physician, and to discharge all persons therefrom whom such physician may direct.
Sec. 8. It shall be the duty of the hospital physician to keep a book, which shall be furnished to him by the board of supervisors, to be by him handed over to his successor in office, wherein he shall enter the names of all persons applying for admittance to said hospital, their ages, the nature of their disease, or character of their sickness, the place of residence, and number of deaths, with the dates of such application, stating whether granted or rejected, and the date of all certificates of admittance, together with the names of all persons ordered by him to be discharged with the dates of such order, which book shall always be subject to the inspection of the board of supervisors, the grand jury, and the officers of the county of Yuba.
Sec. 9. It shall be the duty of the hospital warden to keep a book, which shall be furnished to him by the board of supervisors, to be by him handed over to his successor in office, wherein he shall enter the names and dates of all persons received into said hospital and discharged therefrom, which book shall always be subject to the inspection of the board of supervisors, the grand jury, and county officers, of Yuba county.
Sec. 10. It shall be the duty of the board of supervisors to advertise ten days in the county official press for bids, and to contract with the lowest bidder for the furnishing of all medicines for the use of said hospital.
Sec. 11. It shall be the duty of the board of supervisors to provide food and other necessaries for the support and comfort of the indigent sick, and to provide the necessary help to aid the hospital warden in taking care of, feeding, and nursing, such indigent sick.
Sec. 12. It shall be the duty of the board of supervisors to advertise for ten days in the county official press, for separate proposals to furnish meats, bread, flour, milk, and other provisions, for the hospital, stating the quality and kind required, and the nature and time of payment therefor, and to award the contract or contracts to the lowest responsible bidder or bidders. All contracts made or awarded under this section may be terminated at the option of the board of supervisors at the termination of any quarter after the sa are made, and go in to effect.
Sec. 13. It shall be the further duty of the hospital warden to take the charge and custody of all provisions and other articles brought into the hospital or procured therefor, and to keep a full, true, and correct, account of the same, specifying each article, showing the date of their reception. He shall also keep an account of all articles of clothing disposed of, designating the articles, and the person to whom allowed, and the time when. Ho shall keep a correct daily account of the marketing for said hospital and superintend the same, and see that sufficient meats and other provisions are furnished of quality according to contract, and that there is no wasteful extravagance or improvident supply thereof. He shall also see to and superintend the cooking and preparation of the food for such indigent sick, and do all other acts and things that may be required of him about the charge and management of said hospital by the board of supervisors.
Sec. 14. It shall be the duty of said warden to make a monthly report to the board of supervisors of all meats, provisions, or other articles delivered to, or received by him, for said hospital, stating therein each separate article, the persons from whom received, and the date of its delivery, together with the price thereof, and when authorized to be purchased. It shall also be his duty to report to said board of supervisors quarterly, the amount of provisions, clothing and other articles supplied for said hospital that shall be on hand at the date of such report, also the time of service rendered by any employé in and about said hospital.
Sec. 15. It is hereby declared lawful, and the board of supervisors are hereby authorized to require of the wife and family of the warden, and any of the indigent sick capable of doing manual labor, to aid and assist in doing the service and labor required to be done in taking care of, nursing and feeding said sick, improving the grounds of said hospital, or other necessary work required to be done in and about the management and conducting said hospital, and for that purpose the board of supervisors may direct the warden to make use of and require such service and see that the same is rendered, so as to administer the affairs of the hospital as economically as possible.
Sec. 16. The board of supervisors shall pass upon all claims and charges against the said hospital at least once a quarter, and audit all just claims, and order warrants to be drawn, payable in cash, out of the hospital fund, for all claims and charges so audited and allowed.
Sec. 17. The provisions of the foregoing sections of this act shall not be construed to in any manner impair any contract or contracts already made by the board of supervisors, for the care and maintenance of the indigent sick of Yuba county.
Sec. 18. It is hereby further enacted, in order to carry out the provisions hereinbefore provided, and to place the management of the hospital of Yuba county upon a cash basis, that the holders of any and all indebtedness, demands or claims, against the hospital of said county, that may have arisen or been incurred on account of said hospital, or the care and management of the indigent sick prior to the first day of October, eighteen hundred and sixty, whether in warrants, audited claims or otherwise, shall be entitled to the privilege of having the same funded by the funding commissioners of said county, under the provisions of an act entitled an act to provide for funding the indebtedness of the county of Yuba, approved March twentysixth, one thousand eight hundred and fifty-seven; provided, such funding shall be done before the first day of January, one thousand eight hundred and sixty-one; and, provided further, that all unaudited claims shall be first audited and allowed by the board of supervisors.
Sec. 19. The said funding commissioners shall compute the amount of interest, and upon all warrants which may be presented to them for funding, from their date up to the time the same shall be funded, and shall issue to the holders of the same bonds in sums as provided in said act for the principal of said warrants, and all interests which may have accumulated upon the same up to the day of issue of such bonds.
Sec. 20. Said bonds shall bear the date of the day of their issuance, and shall bear interest at the rate of ten per cent. per annum, payable semi-annually, on the first day of January and July, of each year, from and after their date, until the same shall be paid and liquidated; said bonds and the interest to accrue thereon, shall be made payable at the office of the county treasurer, or in the city of New York, at the option of the person to whom the same shall be issued.
Sec. 21. Said bonds shall be in manner and form and signed by the same officers, as prescribed by the said act first above named; and the same provisions for the payment of the interest which may accrue thereon and for the final payment of the bonds when due, shall be made by the proper authorities as by law are prescribed for the payment of the bonds heretofore issued under the provisions of said act.
Sec. 22. The funding commissioners shall receive in payment of all services required to be performed by this act, the same compensation as is provided by the act first above named. Sec. 23. The county treasurer shall
, at all times hereafter, retain in his hands funds sufficient to pay the interest that may accrue on said bonds, from January to July of each year, and every year until the first day of April of each and every year, and the holder or owner of any of said bonds may, at any time, between the first day of January and the first day of April of each and every year, present to the county treasurer of said county, at his office, the coupons for the interest to become due on the first day of July then following, and the county treasurer shall pay and cancel the same, deducting therefrom three per cent. on the dollar for all coupons so paid, and the three per cent. so retained and deducted by the county treasurer, shall by him be set over to the general fund of the county, to be used for county purposes as directed by law; provided, that all coupons not presented and canceled as herein provided, the treasurer shall provide for and pay as provided in “An Act to provide for Funding the Indebtedness of the County of Yuba," approved March twenty-sixth, one thousand eight hundred and fifty-seven.
Sec. 24. It shall not be lawful for the board of supervisors of the county of Yuba, except as this act provides, to make any assessment or levy any tax to be used or applied in any way for the payment or liquidation of any of the indebtedness mentioned in section eighteen of this act, and it shall not be lawful to pay any such indebtedness otherwise than by funding the