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when fraud is

exist.

of fines.

inspectors.

execute bond.

offered for sale, to be recovered with costs before any court of competent jurisdiction, by said inspectors for their use.

Sec. 4. The inspectors appointed in accordance with the provisions May inspect flour of this act shall, at their discretion, or whenever there is apparent supposed to fraud in the weight or quality of any barrel or package of flour marked with a private mark as provided in the foregoing section, inspect the same, and if it is found to be deficient in weight, or to False weights.

Damaged and contain flour of a bad quality or such as has been pulverized or re- re-ground flour. ground, the person who sold the same shall be deemed guilty of a misdemeanor, and shall be punished for every such offence by fine not Penalty for

vending the exceeding five hundred dollars, to be recovered by said inspector, same. with costs, before any court of competent jurisdiction ; and all moneys so recovered by them as such fine, shall be paid by said inspectors quarterly to the state treasurer, and shall be by him applied to Appropriation the fund for the support of the state marine hospital at San Francisco.

Sec. 5. Said inspectors shall each be entitled to receive at the rate Compensation of of five cents for every one hundred pounds of four by them inspected or marked.

Sec. 6. The inspectors appointed in accordance with the provisions Inspectors to of this act. shall severally give to the state of California, a bond in the sum of five thousand dollars, conditioned for the faithful performance of their duties, to be approved by the governor; and any inspector who shall falsely mark any flour, shall be liable to the person Penalty for

falsely branding injured thereby in double the amount of the damage incurred. Sec. 7. Any person or persons who shall alter or counterfeit any Penalty for

counterfeiting mark used in conformity with the provisions of this act, or who shall brands and sell or offer for sale, flour put up in any barrel or package previously used, and marked as provided in this act, without erasing or destroying said mark, shall forfeit the sum of five hundred dollars for each and every offence, to be sued for before any court of competent jurisdiction in this state, one-half of which shall go to the informer and Appropriation the residue to the state hospital fund. Sec. 8. The inspectors hereinbefore provided for shall be responsi- Responsibility of

inspectors, and ble for their acts, and if they or any persons acting by their authori. penalty for

false branding. ty, shall mark any flour either in barrels or packages erroneously, knowing the same to be erroneous, the inspector so offending shall, on conviction thereof, be fined for each offence in a sum not to exceed five hundred dollars: Provided, always, that no vender of flour shall be required to have any flour inspected under this act, unless at his Inspection to be

voluntary own request.

flour.

marks.

of fines.

CHAPTER CCXIV.

AN ACT to provide for the Establishment of a State Marine Hospi

tal at San Francisco, and to provide for the Indigent Sick in this State. (1)-[Passed May 19, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

State marine hospital established.

to be under the

and powers.

Section 1. There shall be established in the city of San Francisco and for the state of California, a hospital to be called the “ state

marine hospital.” Administration Sec. 2. The administration of said hospital shall be under the concontrol of a board trol of a board of trustees to consist of five members, who shall be annually elected annually elected by the legislature in joint convention, and shall be by the legislature. citizens of the United States and of this state. They shall elect by Officers.

ballot a president from their number, who shall preside over their

deliberations, and a vice president to act as president in the absence Corporate name of the president. They shall be known by the name and style of the

trustees of the state marine hospital, and by that name, they and their successors shall be known in law and have perpetual succession, may

sue and be sued in all courts in this state, may receive and hold propGovernor to fill erty, real and personal, for the use and benefit of said hospital. If board of trustees. any vacancies occur in the board of trustees by death, resignation or

otherwise, the governor shall appoint some suitable person for the

unexpired term. Meetings of Sec. 3. The board of trustees shall meet on the first Monday of

each month, or as often as may be necessary, and three members shall

constitute a quorum for the transaction of all business. They shall proceedings.

keep or cause to be kept a record of their proceedings, which shall be open to the inspection of the legislature and executive departments

of the government. Powers of board Sec. 4. The board of trustees shall have full power and authority of trustees.

to control and administer the affairs of the said state marine hospital; to rent buildings necessary for its purposes ; to improve its property of whatsoever nature or kind it may be; to appoint persons suitable and necessary to be employed in the hospital, and to define their compensation. But the board of trustees shall have no power to alienate,

board.

Record of

Not to alienate

(1) For insane asylum, see ante, chapter 203, and for act abolishing state hospitals, chapter 204.

contents thereof.

and the officers

sell, mortgage or dispose of in any way, any real estate belonging to, or mortgage or claimed by, the state marine hospital without the consent of the hospitai. legislature; nor shall any of the property of the hospital be made liable, in any manner, for any

debt which

may be contracted by the board of trustees.

Sec. 5. The board of trustees shall make a full report, annually, To make annual to the legislature during the first week of its session, showing therein legislature, and the amount of receipts and expenditures, the condition of the property, the number of the patients admitted during the year, their names, diseases, and places of nativity, the number who have died, were cured or discharged, and the number remaining in the hospital at the end of the year.

Sec. 6. The board of trustees shall have power to form, adopt, and to form and put j ut into execution all ordinances and by-laws requisite for the govern- for the

government of ment of themselves and the institution under their charge : Provided, the institution such ordinances and by-laws do not conflict with the laws of the United thereof. states or of this state, or of the ordinances of the city of San Francisco. Sec. 7. A treasurer shall be chosen by the board of trustees, who Treasurer.

How elected, shall hold his office at the will of the board, and who, before entering and duties. upon the duties of the office, shall give bond to the board of trustees, with good and sufficient sureties, in the sum of thirty thousand dollars conditioned to be paid to the said board of trustees, upon a failure to discharge faithfully the duties of his office. It shall be his duty to col- To be disbursing lect all debts due the state marine hospital, to keep a correct account institution. of its property, credits and revenues, and such other duties connected with his office as the board of trustees may direct, and to make all such disbursements as shall have been previously authorized by the board of trustees and not otherwise, and to make a monthly report to Monthly report

and salary. tiem. The salary of the treasurer shall not exceed two thousand dollars per annum payable quarterly, and he shall not be entitled to any clerk hire or office rent.

Sec. 8. There shall be elected by the legislature every two years Resident and two resident physicians and two visiting physicians, who shall be regu- physicians. lar graduates in medicine, and who shall have practised their pro- Number fession at least five years from the date of their diplomas, and one of

qualifications. whom shall be a surgeon. It shall be the duty of the resident phy- Duty of resident

physicians. sicians to take charge of the wards of the hospital, and they shall prescribe for the sick therein, and shall keep records of all prescriptions. They shall reside within the hospital, and shall not be allowed to Not to engage in

private practice. engage in any private practice, and shall, by right of office, be superintendents of the hospital, give orders for the admission of patients,

officer of the

thereof, and

and have the immediate control of its inmates; and shall, with the

consent of the trustees, en ploy and discharge all nurses, attendants To consult and

and employees : Provided, that they shall in all cases consult and co-operate with visiting co-operate with the visiting physicians in all matters relating to the physicians.

treatment of the patients, the interior arrangements and general Trustees in other management of the institution. The trustees shall, in all other respects to have the general respects, have the superintendence thereof, make rules and orders superintendence of the affairs of for its government, and provide bedding, clothing, fuel, provisions, the hospital.

medicines, and such other articles as shall be requisite therein; and shall order paid out of the funds of the hospital all wages for nurses

and attendants, as well as all incidental expenses of said hospital, and Compensation shall determine the comp insation of said nurses and employees. The of employees. Salary of resident resident physicians shall receive, as compensation in full for all ser

vices rendered by them, the sum of four thousand dollars, payable

quarterly, by order of the board of trustees out of the hospital fund. Duty of visiting Sec. 9. It shall be the duty of the visiting physicians to be in physicians

attendance at the hospital at least twice in each day, or as often as the condition of the patients who may be under their charge shall demand; and they shall in all cases consult and co-operate with the

resident physicians in all matters relating to the treatment and care Salary. of patients, shall receive for their services in full the sum of four

thousand dollars each, payable quarterly by order of the board of

trustees, out of the hospital fund. Physicians may

Sec. 10. If either of the resident or visiting physicians shall absent be suspended for themselves without consent of the board of trustees, or neglect to dismeblech of diety charge their duties as prescribed by this act, he or they shall be susof the governor, pended from office by the board of trustees, with the assent and apprountil meeting of legislature. bation of the governor, until the meeting of the next legislature, which,

after hearing the representations of the board of trustees and resident or visiting physician, or physicians so suspended, shall dismiss or re

instate him or them. Any vacancy which shall be made in either of Vacancies to be filled by the the above named offices by suspension, death, resignation, or removal,

shall be filled by appointment by the governor, of a person having the requisite qualifications, who shall retain office until the next session of the legislature.

Sec. 11. It shall be the duty of the persons heretofore constituting marine hospital the board of trustees of the state marine hospital at San Francisco to repealed by this

deliver to the board of trustees of the state marine hospital, created by them to the by this act, all the property, real and personal, held by them in trust trustees created for the state marine hospital at San Francisco, and it shall be the

duty of the trustees of the state marine hospital hereby created, to take care of and provide for the patients which may be in the state

absence or

governor.

Trustees of

act to deliver

care of the sick

institution not

in contracts.

resident

contents thereof.

Resident

marine hospital at San Francisco at the time this act shall take effect, and all moneys now belonging to the state marine hospital at San Francisco shall be transferred to the trustees of the state marine Who shall take hospital hereby created, and the said trustees shall pay out of any therein, and funds which may come into their hands all of the debts which may be debts thereof. owing by the said state marine hospital at San Francisco, which have been created in accordance with law.

Sec. 12. No trustee, officer or employee of the state marine hospi- Officers of tal shall have any interest in any undertaking or contract for account to be interested of said state marine hospital, and any violation of this section shall operate as a forfeiture of office, and no officer shall be allowed to charge or appropriate any fee or perquisite to his own use.

Sec. 13. The resident physicians shall cause to be kept an exact Record of account in a book for the purpose, of all effects of persons

who

may physician and die at the state marine hospital, the date of receipts, the name of the Effects of owner, and a full description of the property; if in money the same patients. shall at once be placed in the hands of the treasurer, which, if not If not claimed, claimed by some person legally entitled thereto within six months af- portion of

hospital fund. ter the death of any such person, shall constitute a part of the hospital fund; but it shall be the duty of the resident physician to cause

physician to notice of the fact, with the name of the deceased, to be sent by letter forward notice to the county clerk of the county in which the deceased resided before statement of he or she came to this state, and such notice shall also be published patients, in one or more newspapers as prescribed by law. Provided, always, that said sum of money or value of any such property shall exceed, after all legal charges shall have been deducted, the sum of one hundred dollars.

Sec. 14. The resident physician shall audit all bills against the Resident state marine hospital, and all accounts or bills thus audited and auditing officer. approved by the board of trustees shall be paid out of the hospital fund.

Sec. 15. The trustees shall present a detailed account quarterly to Quarterly, the comptroller of state, under oath, for all moneys received and ex- presented to

comptroller pended for and on account of the state marine hospital, and the comp- of stato troller in his annual report shall set forth as specifically as possible who shall specify the amount received, the source from whence derived, and the pur- annual report. poses for which expended. Sec. 16. The trustees shall advertise in one or more newspapers as To advertise for

supplies. provided by law quarterly, for such supplies of whatsoever kind, other than medicines, as are required for the use of the hospital, and con- Contracts to be tracts shall be made with the lowest responsible bidder.

Sec. 17. All invalid persons desirous of being admitted into the Invalids and

deceased

physician to be

accounts to be

given to lowest bidder

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