provements as may be erected thereon, and may sell, lease, and dispose of the same at pleasure. The said real estate shall be held by such society, for the purpose of erecting buildings and other improvements calculated to promote and encourage the interests of agriculture, horticulture, mechanics, manufactures, stockraising, and general domestic industry.

ART. 12, Sec. 3. The officers of such society shall consist of a president, two vice-presidents, a secretary, a treasurer, and two directors, all of whom shall be members of such society at the time of their election, and shall have the management of the fiscal, prudential, and other concerns of such society, and shall be styled the board of managers. The said officers shall be elected annually, by the members of the society, at such time, and in such manner, as in their constitution and by-laws they may prescribe, and shall hold their offices for the term of one year, and until their successors enter upon their duties.

Sec. 4. Such society may provide, by its constitution and by-laws, for memberships of such society, and fix the prices of such membership, and the terms of duration thereof.

ART. 13, Sec. 5. No society organized under the provisions of this act shall contract any debts or liabilities to exceed the amount of money in the treasury at the time such debt or liability shall have been contracted, except as provided

in the next section.

784,62 PSY

Sec. 6 Such society may, by the unanimous vote of the board of managers, for the purpose of purchasing and leasing property, as provided for by the second, section of this act, create debts or liabilities, not to exceed the sum of one thousand dollars, and in case of any excess being incurred, the said board of managers shall, in their individual and private capacities, be held jointly liable to such Society for the amount of such excess; Provided, that any member of said board, who shall have been absent, or caused his dissent therefrom at the time, to be entered on the minutes, shall not be so held liable.

ART. 14, Sec. 7. Within three months after the organization of such society, the board of managers thereof shall cause to be filed in the office of the county clerk of the county in which such society is organized, a certificate stating the name of the society, the purposes for which it was organized, the date of its organization, and the name of its officers, which certificate shall be signed by the president and secretary of said society; a copy of such certificate, filed as aforesaid, and certified by the county clerk, shall be received in all courts, and places, as presumptive evidence of the matters therein stated.

See 8. It shall not be lawful for any person to sue such society for the failure to award any premium, or premiums, or for a failure to pay the same when

awarde

JUDICIAL DECISIONS.

1. A person who settles for agricultural purposes upon any of the mining lands of this state, settles upon such lands subject to the rights of miners, who may proceed in good faith to extract any valuable metals there may be found in the lands so occupied by the settler, in the most practicable manner in which they can be extracted, and with the least injury to the occupying claimant. McClintock v. Bryden, 5 Cal. 97.

2. The statute making possessory rights of settlers on public lands for agricultural or grazing purposes yield to the rights of miners, has legalized what would otherwise be a trespass, and the act cannot be extended by implication to a class of cases not especially provided for. Weimer v. Lowery, 11 Cal. 104.

See MINING LAWS. WATER RIGHTS.

ARTICLE

ASSAYER OF ORES AND METALS.

ARTICLE

15. Appointment; qualifications, and term of office. 16. Duties of such officer. Act, when to take effect.

Bond.

Act of March 14, 1860.

ART. 15, Sec. 1. The governor, by and with the advice and consent of the senate,

may appoint a suitable and competent person to be state assayer, who shall be skilled in the art of assaying of ores and metals, who shall hold his office for the term of two years, and until his successor shall be appointed and qualified, and shall be sworn to the faithful discharge of his duties.

Sec. 2. Before entering upon the discharge of his duties, the person so appointed shall give an official bond, conditioned for the faithful performance of his duties, with two or more sureties, in the sum of fifty thousand dollars, to be approved by the governor of the state.

ART. 16, Sec. 3. It shall be the duty of said state assayer to assay such ores and metals as may be offered to him for that purpose, and to give certificates of the character, quality, and value, thereof; and, also, in case of all precious metals assayed, to stamp the same with such suitable stamp as may be selected or devised by said assayer, showing the quality and value thereof, according to the standard of the mint of the United States, and for such service said assayer shall be paid such compensation as may be agreed upon by the person or persons procuring the same to be done; Provided, that the charges for such labor performed shall not be more than the prices of the United States Mint for similar services done; and the charge for a seal to any certificate, when required, shall not be more than two dollars.

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

ASSESSOR, COUNTY.

Act of March 15, 1860, to amend "An Act concerning the office of County Assessor," passed March 27, 18501 ART. 17, Sec. 1. Section one of said act is hereby amended so as to read as follows:

Sec. 1. The county assessor shall hold his office for the term of two years 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.

Act of March 12, 1858, further to extend the "Act concerning Corporations," passed April 22, 1850.

ART. 18, Sec. 1. Any nine or more persons who may desire to act in concert for the care, protection, relief, or improvement of, first, orphans; or, second, foundlings; or, third, shipwrecked or destitute sailors; or, fourth, sick and disabled, or unprotected, or needy persons; or for literary or educational purposes -and who shall desire to form an incorporated company, or society, for the protection of either of said benevolent or educational objects, may do so by complying with the provisions of chapter eight of the act concerning corporations, passed April twenty-second A. D. one thousand eight hundred and fifty, and such benevolent and educational society, 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.-[Am. April 24, 1858; R. S. St. 1858, 57.

ART. 19, Sec. 2. Women, married or unmarried, may be incorporators, officers, and members, of benevolent, literary, or educational incorporations, for the purposes herein aforesaid, and may transact the business thereof in the same manner and subject to the same liabilities as males. But no married woman shall have power to contract or incur any liability therein against her husband, nor shall any husband be liable, in any manner, for any debt or liability in any manner contracted or incurred, nor shall the common property of the husband and wife be in any manner affected by his wife becoming or acting as such corporator, except the same be specifically agreed to by the husband and wife, in writing.-[Id. ART. 20, Sec. 3. 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 this State.

(Secs. 1, 2. Inserted supra.)

Supplement of April 24, 1858.

ART. 21, Sec. 3. Any corporations formed under the provisions of said act shall have the right to acquire, by purchase or otherwise, and to hold, any quantity of land not exceeding five hundred acres, with the improvements thereon; or if within the limits of any incorporated town, then not to exceed twenty acres, with the improvements thereon.

Act of March 7, 1859, to amend "An Act concerning Corporations," passed April 22, 1850. ART. 22, Sec. 1. Section one hundred and seventy-nine of said act, entitled an act concerning corporations, is hereby amended so as to read as follows:

Sec. 179. It shall be lawful for the district court within and for the county in which any such corporation shall have been constituted, on the application of such corporation, and on its satisfactorily appearing to such court by competent proof, by affidavit or otherwise, that due notice, by personal service, or by publication in some newspaper as the said court or judge thereof shall direct, has been given to all persons interested in the matter, and that it will be to the benefit, interest, and advantage, of such church, congregation, religious, moral, beneficial, literary, or scientific association, or society, to make an order for the sale or mortgage of any real estate belonging to such corporation, or for the confirmation of any contract under which a valid lien may attach to said property; and it shall be lawful for any member of such church, congregation, association or society, to oppose, by affidavit or otherwise, the granting of such order; and it shall be lawful for said court, at the time of making such order, directing the execution of a mortgage, also to make a further order, allowing such corporation to make and deliver with such mortgage, a bond, or promissory note, under the corporate seal, and in the corporate name of such corporation, as evidence of the indebtedness, to secure which, such mortgage is directed to be made; and it shail be the duty of said court, when granting such order or orders, to direct therein the application of the moneys arising from such sale, or procured under such contract, or upon such security as it shall be made to appear to said court would be for the interest and advantage of such church, congregation, association or society.

SUPPLEMENT.

Amendments to the Act of May 17, 1853, to establish an Asylum for the Insane.

ART. 23, 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 any citizen interested therein. On or before the fifteenth day of December, of each year, an annual report shall be forwarded to the governor, for his inspection, and by him 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 governor on or before the fifteenth day of December of each year, to be transmitted to the legislature on the meeting thereof. They shall have stated meetings at least once a month, and a majority shall constitute a quorum to transact business. The trustees shall not be directly or indirectly interested in any contract or supplies furnished said asylum; but said trustees shall receive for their services, the sum of ten dollars per day for their expenses in attending monthly (or called) meetings of said board, payable out of the fund for the support of the insane asylum, as other accounts against the asylum are paid; provided, that the amount so received shall not exceed the sum of one hundred and thirty dollars each for one year.-[Am. April 15, 1859.

ART. 24, 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 four years, and until his successor is appointed and qualified; he shall be a graduate in medicine, and shall have practiced in 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 have one.—[Am. April 16, 1858.

ART. 25, 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, subject to the laws and regulations of the trustees; he shall have the sole control and management of the patients; he shall ascertain their condition, daily prescribe their treatment, and adopt such sanitary measures as he may think best; 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 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 governor, on the first Monday of December, of each year. The said resident physician shall reside within the asylum grounds, 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; provided, the resident_physician shall have no power to remove or suspend the visiting physician.-[Am. April 16, 1858.

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Sez p

ART. 26, 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 prac ticed 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, payable quarterly; he shall also hold his office for the period, of four years, and until his successor is appointed and qualified. The first elec tion for resident and assistant physician, under this act, shall take place on or after the first Monday of April, A. D. one thousand eight hundred and sixty-one, when the terms of the present incumbents shall expire.

ART, 27, Sec. 8. The resident physician is required to estimate, monthly, in hong, tirobable expenses of the asylum, and submit the same to the trustes for their approval; and the controller of state is hereby directed to that his

for the mount so ascertained, in favor of the trustees, on the first day of each month, and the treasurer of state shall pay the same out of the asylum fund. It shall be the duty of the resident physician to ascertain as nearly as he can, and report to the trustees, the amount, character, and quality of provisions, clothing, fuel, and medicines, needed, for the six months ending on the first day of June and December, of each year; the trustees shall then advertise for contracts for furnishing such supplies for three weeks successively, in two newspapers published in the city of San Francisco, one in the city of Stockton, and one in the city of Sacramento. The contract or contracts shall be awarded to the lowest bidder, upon their furnishing satisfactory security for the performance of their contracts. Other needful expenditures than those for clothing, provisions, fuel, and medicine, shall be made under the direction of the resident physician, subject to the approval of the board of trustees, and shall be paid for by the trustees, on his order.-[Am. April 16, 1858.

ART. 28, 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, also to the name of the patient, age, birthplace, length of residence, state last from, previous habits, apparent cause of in