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 exam-
ined, 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 in-
sane 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 asy-
lum; 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 per-
formed 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 elect on the expiration of the term of the incumbent. People v. 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. Id.
3. The term of the office of the resident physician of the asylum never runs apart from the officer, and com-
mences running only from the date of his election, the act only fixing the duration of his term, but not the
xact 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 particu-
lar 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.

ASYLUM—DEAF, DUMB, AND BLIND «St611,8]
Sulli Cemental

ARTICLE

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

30. Oath and bond of trustees. President and secre- 32.
tary of the Board.

31. Plans for a building to be advertised for. Proposals

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

33.

rum for business. Payment to contractors.
$10,000 appropriated.

Duty and powers of trustees. Duty of governor to
appoint successors to trustees.

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 cause 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 sufficient sureties, 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 public 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.

ATTORNEY.

Act of March 2, 1859, to amend "An Act concerning Attorneys and Counsellors at law," approved February 19, 1851.

Section 1. Section six of said act is hereby amended so as to read as follows: ART. 34, Sec. 6. Every white male citizen of the United States, who has been admitted to practice law in the courts of a sister state, may be admitted to practice in the courts of this state, upon the production of his license, and satisfactory evidence of good moral character; but the court may examine the applicant as to his qualifications.

Sec. 2. Section thirteen of said act is hereby amended so as to read as follows: ART. 35, Sec. 13. An attorney and counsellor may be removed or suspended by the supreme court, and by the district courts of the state, for either of the following causes, arising after his admission to practice:

First-His conviction of a felony, or misdemeanor, involving moral turpitude, in which cases the record of conviction shall be conclusive evidence.

Second-Willful disobedience or violation of an order of the court requiring him to do, or forbear, an act connected with, or in the course of, his profession, and any violation of the oath taken by him as such attorney and counselor. In all cases where an attorney is removed or suspended by a district court, he may appeal to the supreme court, and the judgment or order of the district court shall be subject on such appeal to review, as in other cases.

JUDICIAL DECISIONS.

1. WHERE a party changes his attorney in action, and there is no regular substitution of attorneys as pointed out by statute, notices may be served on the attorney of record. Grant v. White, 6 Cal. 55.

2. In an action to recover the value of services as attorney in a certain suit, it is not competent to prove the value of plaintiff's services in another. Hart v. Vidal, 6 Cal. 56.

3. A witness who is not an attorney is incompetent to prove the value of an attorney's services. Id.

4. An attorney in fact, not being at the same time an attorney at law, cannot sign a complaint for his principal, as "plaintiff's attorney," and all proceedings under a complaint so signed, are void. Dixey v. Pollock, 8 Cal. 570.

5. A party who gives a general power of attorney to another to transact all business, etc. authorizing the attorney to make, execute, and deliver, promissory notes," etc. will be held liable for all such notes, etc. executed in his name by his attorney, when they have reached the hands of an innocent holder, although they may have been made for the private purposes of the attorney, Hellmann v. Potter, 6 Cal. 13.

6. A power of attorney authorizing the attorney "to settle and adjust all partnership debts, accounts, and demands, and all other accounts and demands now subsisting, or which may hereafter subsist between me and any person or persons whatever," and to execute releases for such purposes, does not confer a power to release a covenant of guaranty made to the principal and others jointly, for the payment of rent and purchase money of property sold by them as tenants in common. Johnson v. Wright, 6 Cal. 373.

Act of April 18, 1859, to provide for the Licensing of Auctioneers, and to define their Duties and Liabilities.

ART. 36, Sec. 1. Any citizen of this state may become an auctioneer for the county in which he resides, and be authorized to sell real and personal property at public auction, or vendue, in giving bonds in accordance with the provisions of this act, for the faithful performance of his duties, and on the payment of the license hereinafter provided.

Sec. 2. The bonds shall be conditioned to be paid to the people of the state of California, with one or more sureties, in the sum of five thousand dollars. Said bond shall be approved by the county judge of the county in which the auctioneer shall propose doing business, which shall be filed in the office of the county clerk of said county.

ART. 37, Sec. 3. The controller of state shall cause to be printed, a sufficient number of licenses, of all classes mentioned in this bill, filled out completely, except a blank for the name of the county, and of the county auditor. Each license shall also contain a blank receipt, to be signed by the county treasurer, on delivery of said license to the purchaser thereof. He shall forward to the auditor of each county, a sufficient number of blauks for the use of said county, which shall be charged to said auditor on the controller's books.

The auditor, from time to time, shall deliver to the treasurer as many of such licenses as may be required, and shall sign the same, and charge them to the county treasurer, specifying the class of licenses in his charge.

At the end of each month, the treasurer shall return to the auditor all licenses not issued, and the auditor shall charge him with the amount of money received for licenses issued, and open a new account with the treasurer for the next month. Once in three months, the auditor shall report to the controller of state the number of licenses issued by the treasurer, for the preceding three months, and the amount of money paid for the same, and the controller shall hold the auditor responsible on his official bond, for all licenses and receipts issued to him under this section, not accounted for or returned. If either the auditor or treasurer shall issue, have in his possession, or put in circulation, any other licenses than those forwarded to the auditor by the controller, the person so offending shall be liable to indictment for a felony, and on conviction, be sentenced to imprisonment in the state-prison, for a term not less than one year, nor more than four years. ART. 38, Sec. 4. Any person who shall have filed his bond in accordance with the provisions of this act, shall, upon payment of the sum specified in this section, receive from the county treasurer a license of the class for which he has paid; said license shall be renewed quarterly, and rated as follows:

First Class-Auctioneers, whose average monthly sales shall amount to one hundred thousand dollars and upwards, shall constitute the first class, and shall pay a license of four hundred dollars per quarter.

Second Class-Auctioneers, whose average monthly sales shall amount to seventy-five thousand, and less than one hundred thousand dollars, shall constitute the second class, and pay a license of three hundred dollars per quarter.

Third Class-Auctioneers, whose average monthly sales shall amount to fifty thousand, and less than seventy-five thousand dollars, shall constitute the third class, and pay a license of two hundred dollars per quarter.

Fourth Class-Auctioneers, whose average monthly sales shall amount to thirty thousand, and less than fifty thousand dollars, shall constitute the fourth class, and pay a license of one hundred and twenty-five dollars per quarter.

Fifth Class-Auctioneers, whose average monthly sales shall amount to twenty thousand, and less than thirty thousand dollars, shall constitute the fifth class, and pay a license of one hundred dollars per quarter.

Sixth Class-Auctioneers, whose average monthly sales shall amount to ten thousand, and less than twenty thousand dollars, shall constitute the sixth class, and pay a license of sixty dollars per quarter.

Seventh Class-Auctioneers, whose average monthly sales shall be less than ten thousand dollars, shall constitute the seventh class, and pay a license of twenty-five dollars per quarter.

ART. 39, Sec. 5. No section of this act shall be so construed as to require a license to be obtained for the selling of any goods at public sale that may belong

to the United States, or to this state, or upon property sold by virtue of any process issued by any state court, or United States court.

Sec. 6. Every auctioneer applying to the county treasurer for a renewal of his license, under the provisions of this act, shall accompany the application with a statement, under oath, which shall set forth that his average receipts per month, on account of sales, during the preceding quarter, do not exceed the amount specified in the class of license for which he applies, and any auctioneer, already established in business, applying for a license, as provided in this act, for the first quarter after its passage, shall take out a license in proportion to his average monthly sales for the preceding quarter, and it is hereby made the duty of such treasurer to provide blank forms of affidavit for that purpose, and administer the oath required to such applicants without charge.

Sec. 7. No auctioneer shall be permitted to transfer his license to any other person, for any part of the time, or at any time during the period for which his license may have been issued; nor shall any auctioneer be permitted to use his license, for the purpose of transacting an auction business, in more than one store or specified place of business.

ART. 40, Sec. 8. Any auctioneer who shall fail to comply with the provisions of this act, or any person acting as an auctioneer, without first having complied with its provisions, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any court of competent jurisdiction, shall be fined not less than fifty, nor more than five hundred dollars, for each and every article sold, or offered for sale; and in default of payment of such fine, shall be imprisoned in the county jail for a period not exceeding ninety days, at the discretion of the judge before whom the case may be tried.

ART. 41, Sec. 9. In any city or town where there is no auctioneer, the sheriff or a constable shall be ex officio auctioneer, and shall be permitted to sell any property, real or personal, at public auction; and for any delinquency, as such ex officio auctioneer, he shall be liable on his official bond.

ART. 42, Sec. 10. It shall be the duty of every auctioneer, who shall sell any animal of the horse kind, or any mules, to keep a book, in which he shall register the name of each and every person bringing, or offering, any horse, or mule, to be sold, and the name of the person purchasing such horse, or mule, together with the date of such sale, or sales, and a description of each horse, or mule, so sold, together with the marks and brands. Said book shall be a public record, and subject to the inspection of any person desiring to inspect the same.

Sec. 11. Each auctioneer shall keep a book, in which he shall enter a memorandum of all sales, showing the name of the owner, or owners, of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book shall at all times be open for the inspection of any person, or persons, interested therein.

ART. 43, Sec. 12. Every county treasurer shall, at all times, hold himself in readiness to pay to the treasurer of state, on his order, countersigned by the controller, all moneys in his hands derived from sales of auction licenses, to the date of such order, less his lawful commission for receiving, or paying over, said sum or sums of money, and all sums of money not paid over on the order of the treasurer of the state, as above provided, shall be paid into the state treasury, by the county treasurer, at the time and manner of other state revenues.

ART. 44, Sec 13. All money paid into the state treasury, arising from the sale of auction licenses, under the provisions of this act, shall constitute a part of the general fund.

Sec. 14. All moneys collected under the provisions of this act shall be paid into the county treasury-two-thirds for state purposes, and one-third for county purposes.