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duties of board of trustees. Draft of buildings.

to the govesnor.

Contract to be

lowest bidder.

Present buildings may

Trustees to make

Record of

administer the affairs of said asylum. They shall cause a draft of such building or buildings to be made as they may deem necessary

and proper for the insane asylum of California, which draft or plan To be submitted shall be subject to the inspection of the governor of the state, and if

he approve the same, they may receive sealed proposals for the furnishing of the material and for the erection of the same, and the con

tract shall be given to the lowest responsible bidder : Provided, that given to the

the cost shall not exceed, when completed, the sum of fifty thousand Cost of building.

dollars : Provided, that nothing herein contained shall prevent the trustees, with the consent of the governor, from entering into a con

tract with the contractor or contractors of the present hospital build. be completed

ings to complete the same in conformity with this section.

Sec. 4. The trustees shall have power to make by-laws for their by-laws.

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 proceedings.

to the inspection of a committee of the legislature. During the first Annual reports week of each session, an annual report shall be submitted to the lethe legislaturo. gislature, 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 legislature

during the first week of the session thereof; they shall have stated Monthly meetings at least once a month, and a majority shall constitute a meetings.

quorum to transact business.

Sec. 5. The legislature shall elect on joint ballot one resident physi. physician. cian, who shall be superintendent of the asylum; he shall hold his Qualifications. office for two years, and until his successor is appointed and qualified;

he shall be a graduate in medicine, and shall have practised his pro

fession at least five years from the date of his diploma, and he shall Annual salary. 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 supplies for

with provisions, fuel, household furniture, and such other necessaries family. as may be required for the comfort of himself and family, if he

Contents.

Quorum, Legislature to elect resident

Term of office.

And necessary

himself and

has one.

Resident physician shall also be superintendent of asylum.

Sec. 6. The resident physician, who shall also be the superintend. ent, shall be the chief executive officer of the asylum; he shall have the general superintendence of the buildings, grounds and property,

duties,

resident officer.

and the direction and control of all persons therein, subject to the Powers and laws and regulations established by the trustees; he shall daily ascertain the condition of the patients and prescribe their treatment ; he shall appoint, with the approval of the trustees, so many assistants To appoint, with

the approval of and attendants as he may think proper and necessary for the econo- trustees,

attendants, etc., mical and efficient performance of the business of the asylum, and to to fix their

compensation, prescribe their several duties and places, and to fix, with the trustees' and to discharge approval, their compensation, and to discharge any of them, at his necessary. 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 May suspend a 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 Written notice

to be given. 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 con- To maintain duct, fidelity and economy in every department of labor and expense; discipline. 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 ac- To keep record of counts and records of all his doings, and of the entire business and and business of

the institution. 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 Abstract to be records are fully made up to the end of the year, and that the princi- trustees at the pal facts and results, with his report thereon, be presented to the trustees immediately thereafter, that they may submit the same, and to be submitted a report therewith, to the legislature. The said resident physician Resident shall reside within the asylum, and shall not be allowed to engage in Ilis duties. 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 Assistant

. to the responsibility of the superintendent in his sickness or absence ; llis duties. and the said assistant physician may call to his aid, for the time be- assistance, and

May obtain ing, such medical assistance as he may deem necessary, but the com- therefor. pensation to be allowed shall not exceed that given to the assistant physician for like services. Sec. 7. There shall also be elected, in the same manner, an assist- Assistant

physician. ant physician, who shall be a regular graduate in medicine, and who

Qualifications shall have practiced his profession at least five years from the date of and duties.

end of the year.

compensation

issue warrants

when audited by trustees.

Trustees to

And organize

To elect a treasurer.

of his duties.

true accounts of

etc.
And act as
secretary of
the board.

Compensation. his diploma; he shall reside within the asylum, and perform soch

other duties as may be directed by the superintendent and preseribed by the by-laws. He shall have a salary of three thousand dollars per

annum, payable quarterly. Comptroller to Sec. 8. All vouchers for expenditures shall first be examined and for expenditures approved by the board of trustees; and, when audited, the comptrol

ler of state is hereby directed to draw his warrant, and the treasurer of state to pay the same from the asylum fund.

Sec. 9. Within thirty days after the passage of this act, the trusqualify within thirty days. tees shall take the oath of office, and shall immediately undertake the

organization of said asylum, in conformity with the provisions of this the asylum.

act. They shall by ballot elect a treasurer, who shall hold his office Who shall give for one year, and until his successor is qualified; and who, before faithful discharge 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 Treasurer to keep faithful discharge of his duties. The treasurer shall keep a correct expenditures, 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 Salary of may direct. The salary for the office of treasurer and secretary shall

not exceed one thousand dollars per annum, to be paid quarterly. physician may act as treasurer The assistant physician may be elected treasurer and secretary.

Sec. 10. The board of trustees may expel any of their members may expel any of

for cause, by a two-third vote of the whole number, and any vacancy Vacancy in

in the board may be supplied by an election by the trustees. Physicians may Sec. 11. Should either the resident or assistant physician neglect be suspended for

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 form office at the discretion of the

trustees : Provided, that no such suspension or removal shall be had By a vote of 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 defence.

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.

Sec. 13. All officers appointed or elected under this act shall be be citizens of the citizens of the United States and of this state ; and shall, before Requisites.

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.

treasurer. Assistant

and secretary Board of trustees

its members.

board.

certain causes.

two-thirds of the board.

Governor to fill vacancies.

Officers elected under the act to

United States.

asylum.

direct;

Sec. 14. The county judge of any county in this state shall, upon County judge me application to any person under oath, setting forth that any person, lunatics to

be conveyed to by reason of insanity, is unsafe to be at large, or is suffering under the insane mental derangement, forthwith cause the said person to be brought before him, at such time and place as he may

and the said county judge shall 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 Proof of insanity. certify on oath that the charge of insanity be correct; and if such judge be satisfied that such person is, by reason of insanity, unsafe to be at large, shall order the lunatic person to be conveyed to and placed in the insane asylum of California.

Sec. 15. The courts of this state shall have power to commit to Insane criminals said asylum any person who may have been charged with an offence mitted to the

insane asylum. punishable by imprisonment or death, who shall have been found to be insane, in manner provided by law, at the time the offence was committed, and who shall continue insane.

Sec. 16. The state shall in all cases be chargeable with the State to be expenses incurred in the conveyance of the indigent insane to and expenses of from the asylum, and for their maintenance during their residence in lunatics to the said asylum: Provided, the amount charged for such expenses shall To be deducted be allowed by the trustees of said asylum, and also in the event of deceased the death of such insane person, the funeral expenses thereof to be paid out of the asylum fund.

Sec. 17. Paying patients, whose friends or whose property can pay Paying patients. their expenses, shall pay according to the terms directed by the trustees; but the insane poor shall in all respects receive the same medi- Insane poor, cal care and treatment from the institution, and good and wholesome thereof. diet, and no record of debt shall be made against them. Sec. 18. Two-fifths of all moneys which may be received, in com- Certain revenues

apropriated for mutation of bonds, in accordance with an act concerning passengers support of the arriving in the ports of the state of California, approved May third, by virtue of one thousand eight hundred and fifty-two, is hereby set apart and appropriated as a fund for the insane asylum of California. (1) Sec. 19. All laws or portions of laws conflicting or being inconsist. Former acts

repealed. ent with this act, are hereby repealed.

charged with the

asylum.

from effects of

lunatics.

and treatment

this act.

(1) For act referred to, see ante, p. 224.

78

CHAPTER CCIV.

AN ACT to abolish the present State Hospitals, and to provide for

liquidating the Indebtedness of the same. (1)–[Passed May 17,

1853.] The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Acts relative to Stockton state hospitals repealed.

repealed.

Section 1. An act to create a state hospital in the city of Stockton, passed April thirtieth, eighteen hundred and fifty-one, is hereby repealed. An act to authorize the trustees of the Stockton state boxpital to erect a building for the insane of the state, and to proride for their support, is hereby repealed. An act to amend the twenty-seeond section of an act to create a state hospital in the city of Stockton, passed May first, eighteen hundred and fifty-two, is hereby

repealed. Acts relative to Sec. 2. The acts hereinafter referred to by their titles, are hereby marine hospital at San Francisco repealed. An act providing for the creation of a marine hospital for

the state of California, passed April ninth, one thousand eight hun. dred and fifty, is hereby repealed. An act améndatory of section second of an act creating a marine hospital for the state of California, passed April twenty-second, one thousand eight hundred and fifty, is hereby repealed. An act amendatory of an act providing for the creation of a marine hospital for the state of California, passed February seventh, one thousand eight hundred and fifty-one, is hereby repealed. An act to amend an act to provide a revenue for the state marine hospital at San Francisco, passed March twentieth, one thousand eight hundred and fifty-one, is hereby repealed. An act to amend an act to provide for the establishment of a state marine hospital at San

Francisco, approved April thirtieth, one thousand eight hundred and Acts relative to fifty-one, is hereby repealed. An act to create a state hospital in the

city of Sacramento, passed April fifteenth, one thousand eight bundred and fifty-one, is hereby repealed. An act amendatory of an act entitled an act to create a state hospital in Sacramento, passed April twenty-eighth, one thousand eight hundred and fifty-one, is hereby repealed. An act amendatory of an act entitled an act to create a state hospital in Sacramento, passed April fifteenth, one thousand eight hundred and fifty-one, is hereby repealed.

at Sacramento repealed.

(1) For insane asylum, see preceding chapter, and for state marine hospital, see post, chap. 214.

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