Page images

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.

Supplement of April 24, 1858. (Secs. 1, 2. Inserted supra.)

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 shall 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.


23. Trustees; their powers and duties.
24. Resident physician; election; qualifications; term;

25. Duties and powers of resident physician.

26. Assistant physican; election; qualifications; du-

ties; and salary.
27. Expenses, how paid. Supplies, how furnished.
28. Proceedings to commit insane persons to asylum.

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 bis 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.

Arr. 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. Art. 26, Sec. 7 There shall also be elected, in the same manner, an assistant

See physician, who shall be a regular graduate in medicine, and who shall have prac IR 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

30 of four years, and until his successor is appointed and qualified. The first election 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

ange, trobable expenses of the asylum, and submit the same to the tråstdes for their approval; and the controller of state is hereby directed to dia tv his Ownshifor the amount 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


sanity, length of time affected, class of insanity, and present condition of the person affected, as near as may be ascertained, of every lunatic person so examined, and if such judge be satisfied that such person is, by reason of insanity, unsafe to be at large, he shall direct the sheriff of the county to convey to, and place in, the insane asylum, such lunatic person, and shall transmit a copy of the physician's certificate to the resident physician of said 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. April 15, 1859.

The duties above prescribed to be performed by the county judge, may be performed in the city and county of San Francisco by either the county judge or the police judge.—[Am. April 30, 1860.


JUDICIAL DECISIONS. 1. The twelfth section of the act concerning the insane asylum was not designed to apply to the unexpired

rm of office, but to the unexpired term of the officer, and makes no provision for a vacancy created by the failure of the legislature to eloct on the expiration of the term of the incumbent. People o. langdon, 8 Cal. 1.

2. The power of the governor to fill such vacancy in the office is not derived from the statute, but from the constitution, and the appointee of the executive would only hold until an election by the next legislature. lå.

3. The term of the office of the resident physician of the asylum never runs apart from the officer, and comiamences runuing only from the date of bis election, the act only fixing the duration of his term, but not the exact time of its commencement. Id.

4. The vacancy referred to in the act, is a vacancy occurring, by death or otherwise, in the term of a partickJar officer, which the governor has the right to fill for the remainder of his unexpired term. Id.

5. Power to appoint for the full term is vested in the legislature, and the governor has no right to exercise it. Id.

See bufe.397


Shell Comental


23. Certain persons appointed trustees. Building to be 31. Contracts, how drawn. Bond of contractor. Quo-

rum for business. Payment to contractors.
30. Oath and bond of trustees. President and secre- 32. $10,000 appropriated.
tary of the Board.

33. Duty and powers of trustees. Duty of governor to 31. Plans for a building to be advertised for. Proposals appoint successors to trustees.

for erecting building. Contract to be awarded to
lowest bidder.

Act of April 18, 1860, for the Education and Care of the Indigent Deaf, Dumb, and Blind. Art. 29, Sec. 1. Messrs. Frederick Billings, J. A. McDougall, B. H. Randolph, P. B. Clark, and H. P. Janes, are hereby constituted a board of trustees, whose term of office shall be for two years, and until their successors are appointed and qualified, who shall be authorized and empowered to erect or canse to be erected, a building or buildings, suitable for the education and care of the indigent deaf, dumb, and blind, to be erected upon any lands that may be donated to the state, in the city and county of San Francisco.

Art. 30, Sec. 2. The trustees provided for in this act shall, within thirty days after the passage of this act, qualify by taking the usual oath of office, and jointly and severally execute and deliver to the Governor a bond, payable to the State of California, in the sum of three thousand dollars, with good and suficient suretics, to be approved by the governor, conditioned for the faithful performance of all the duties which may be required of them by law, and for the delivery to their successors in office all books, papers, moneys, vouchers, and effects, belonging to their office.

Sec. 3. They shall, within ten days after the approval of their bond, organize by electing from their number a president and a secretary of the board of trustees.

Art. 31, Sec. 4. They shall, within thirty days after the approval of their bond, adopt some plans and specifications for the erection of said building or buildings, and place said plans and specifications in the office of the clerk of the city and county of San Francisco, and give pnblic notice by advertising in two or more daily newspapers published in the city and county of San Francisco, and of their readiness to receive sealed proposals for the erection of a building or buildings, in accordance with the plans and specifications there on file, and the time and place when said proposals will be received and opened.

Sec. 5. The trustees shall award said contract to the lowest responsible bidder, and have the power to reject any and all bids, and advertise again for further proposals.

Sec. 6. All contracts made under the provisions of this act shall be carefully drawn, under the supervision of the trustees, and shall contain a detailed specification of the work to be done, the manner in which the same shall be executed, quality of materials to be used, and the time within which the same shall be completed.

Sec. 7. They shall require of such person or persons to whom said contract shall be awarded, a good and sufficient bond, of double the amount of said contract, for the faithful performance of the same, to be approved by the board of trustees.

Sec. 8. A majority of the board of trustees shall constitute a quorum, and shall be competent to transact business.

Sec. 9. The trustees may make payment to the contractors from time to time, as the work shall progress; provided, that until the contract is completed, at no time shall such payment exceed seventy-five per cent. of the value of labor performed or materials furnished; said value shall be ascertained and determined by the trustees.

Art. 32, Sec. 10. The sum of ten thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated, to be expended in the erection of a building or buildings for the accommodation of the indigent deaf, dumb, and blind, for their education and care, and all necessary expenses attending the same, and the controller is hereby authorized to draw his warrants on the treasurer, in such sums as may be required of him by the board of trustees for the erection and expenses of the same; provided, that, in the aggregate, they do not exceed ten thousand dollars.

Art. 33, Sec. 11. It shall be the duty of said trustees, and they are hereby authorized, to take the general charge and management of the said institution; to make all necessary rules and regulations, not inconsistent with law, for the government of the same; to see that such laws, rules, and regulations, are complied with; to see that proper discipline is maintained therein; to appoint a principal and such other teachers as in their judgment the wants of the institution may require, and to remove such principal or other teachers at pleasure, and appoint others in their stead. It shall also be the duty of said trustees to make a full report anually, under the oath of the president of said board, to the governor of the state, of the condition and affairs of said institution.

Sec. 12. It shall be the duty of the governor, and he is hereby authorized, to appoint, biennially, successors to said trustees, and also from time to time to fill any vacancy in said board which may occur from death, resignation, or otherwise.

« PreviousContinue »