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indigent sick shall be admitted

San Francisco city patients.

may issue certificates of admission

Patients of Sacramento and Stockton

Embezzlement and penalty therefor.

state marine hospital shall apply to the resident physicians or either of them, and on the certificate of said physicians or either of them the party shall be admitted therein. Indigent sick persons, not residents of any county in this state, may be admitted as state patients.

Sec. 18. The corporate authorities of the city of San Francisco are authorized to send to the state marine hospital any of the indigent sick of said city, upon such terms as the city authorities and the

board of trustees may determine. County judges Sec. 19. The county judge of any county in this state may, upon

the presentation of a certificate from a competent physician, grant a certificate of admission to the state marine hospital to any indigent sick person properly chargeable to the state, and upon the pre-enta : tion of such certificate the resident physician shall admit such applicant to all the benefits of the hospital.

Sec. 20. All state patients remaining in the Sacramento and Stock

ton state hospitals at the time when such hospitals shall be abolished state hospital.

by law, shall be admitted as patients into the state marine hospital.

Sec. 21. Any officer or employee of the state marine hospital who shall destroy, embezzle, sell or use any of the provisions, medicines, furniture or property of the hospital, or in any other manner dispose of it, except as prescribed by the board of trustees, shall be deemed guilty of larocny and punished by fine or imprisonment, or both, at the discretion of any court of competent jurisdiction, and for any violation of this section the person so offending shall be held to have forfeited all salery or other compensation that he or she would otherwise have been entitled to.

Sec. 22. There shall be set apart by the state treasurer as a hossources thereof. pital fund the net amounts accruing to the state treasury, as follows:

three-fifths of the amount derived as a commutation or tax on passengers arriving at the ports of this state, and the fines and penalties collected by reason of a violation of the laws regulating the same; all sums paid into the state treasury for license for auction, gaming, billiards, ten pin or bowling alleys, hawkers and peddlers, or collected as fines or penalties for a violation of the same.

Sec. 23. Of the amounts derived from the sources before enuOne half to the merated, the one-half thereof shall be appropriated to the support by this act, and and maintenance of the state marine hospital at the city of San

Francisco, and the remainder thereof shall be distributed to each organized county in this state, proportionably to the population of

said counties quarterly, on the first days of July, October, January appropriated for and April of each year, which several amounts shall be paid over to the indigent vick. the order of, and subject to the direction and disbursement of the

State hospital

Distribution of the same

the balance to be
divided among
the counties of
the state in
proportion to
the population
of each-to be

supervisors to

this act.

board of supervisors, if there shall be such board, and if no such Board of board, then by the court of sessions, as a special fund to be appropri- have the ated exclusively to the support and maintenance of the indigent sick the moneys paid of their counties respectively: Provided, that such allowance to the counties of the state marine hospital shall not exceed the sum of one hundred thou- Appropriation sand dollars, and if such sum shall not amount to one hundred hospital not to thousand dollars, then the comptroller shall draw his warrant for the box to

Deficiency to be deficiency, provided the necessities of ice hospital require it. Pro- paid from vided, nothing contained in this act shall conflict with the provisions this act not to of law at present existing, or which may hereafter exixt, for the sup- state insane port and maintenance of the insane in the lunatic asylum of the hospital. state.

Sec. 24. The comptroller of state, treasurer of state and attorney Board of general are hereby constituted a board of examiners of the accounts settle the affairs and demands owing by each of the respective state hospitals at Sa- hothitalisierent cramento and Stockton, and the accounts and indebtedness of said abolished by hospitals up to the period when, by the provisions of this act, the same are abolished, and so much thereof as is found just and equita- Liabilities to be ble by such board of examiners shall by them be certified to the hospitali

hospital fund. state comptroller, who shall thereupon draw his warrant upon the state treasurer in favor of the president of the board of trustees respectively, to be paid out of the fund provided for the support of the state hospital, by the several acts' now in force or repealed by this act: Provided, if such fund shall be insufficient to pay and discharge or if such fund the full amount of such indebtedness so audited, the treasurer of is deficient, from state shall and he is hereby authorized to pay the president of the respective board aforesaid the amount of such balance out of any moneys in the general fund not otherwise specifically appropriated by law: And further provided, if upon the examination of such accounts and the payment of all the debts of each state hospital respectively there shall be any surplus funds belonging to such hospi- Disposition of

surplus funds. tal, the same shall be paid into the hospital fund of this state.

Sec. 25. All property now belonging to the state hospital at Sacra- Property of mento and Stockton, not otherwise disposed of by law, is hereby ce

state hospitals ded and conveyed to the respective counties in which such property counties where is located, to be used for indigent sick purposes exclusively.

Sec. 26. The trustees shall, before some competent officer, sub- Trustees to take scribe, before entering upon their duties, to an oath to faithfully perform the duties of their office as prescribed in this act; and all nurses, attendants or employees shall be sworn, by the president of Also employees. the board of trustees, (who is hereby authorized to administer such oath,) to faithfully perform all the duties required by law, or by their superiors in office.

Sacramento and

it is located.

oath.

Commencement of this act.

Hospital acts repeal d.

Sec. 27. This act shall take effect and be in force from and after the thirtieth day of June, one thousand eight hundred and fiftythree.

Sec. 28. The acts hereinafter referred to by their titles are hereby repealed : Provided, such repeal shall in no wise affect any suits now pending, by virtue of any act hereby repealed :-An act providing for the creation of a marine hospital for the state of California, passed April ninth, eighteen hundred and fifty, is hereby repealed; An act amendatory of second section of an act creating a marine hospital for the state of California, passed April twenty-second, eighteen hundred and fifty, is hereby repealed; An act for the relief of the indigent sick, passed April sixteenth, eighteen hundred and fifty-two, 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, eighteen 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, eighteen 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, eighteen hundred and fifty-one is hereby repealed.

CHAPTER CCXV.

AN ACT to reincorporate the City of San Francisco.- [Passed

April 15, 1851.]

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

Assembly, do enact as follows :

CHARTER OF THE CITY OF SAN FRANCISCO.

ARTICLE I.

City incorporated.

GENERAL POWERS, BOUNDARIES AND WARDS. Section 1. The people of the city of San Francisco shall continue to be a body politic and corporate, under the style of the City of San Francisco,” and by that name they shall have perpetual succession, may complain and defend in all courts and in all actions and proceedings, and may purchase, receive, and hold property, real and personal, and sell or otherwise dispose of the same for their common benefit: Provided, that they shall purchase without the city only such property as may be necessary for the purposes of burial, or for the

erection of prisons, hospitals, asylums, and waterworks for supplying the city with water.

Sec. 2. The city of San Francisco shall hereafter be bounded as fol- Boundary of city. lows: On the south by a line parallel with Clay street, two and a half miles distant, in a southerly direction, from the centre of Portsmouth square, on the west by a line parallel with Kearney street, two miles distant, in a westerly direction, from the centre of Portsmouth square. Its northern and eastern boundaries shall be coincident with those of the county of San Francisco.

Sec. 3. The said, city shall continue as now divided into eight Wards. wards, which number shall not be altered, unless by act of the legislature. The common council shall, at least three months before the general election in the year eighteen hundred and fifty-two, and also during the second year thereafter, redistrict the city, so that each ward shall contain as near as may be the same number of inhabitants.

ARTICLE II.

OF ELECTIONS.

for office.

SECTION 1. For the government of said city there shall be elected City officers. annually, by general ticket, the following officers: A mayor, recorder, comptroller, treasurer, collector, attorney, marshal, street commissioner, and three assessors; and, also, by the respective wards, a body of aldermen and a board of assista ni elderigen.

Sec. 2. No person who is not a qualified voter shall be eligible to Who eligible any office under this charter, nor shall any person be entitled to vote at any city election unless he shall be an elector for state officers, and have resided in the ward thirty days next preceding said election.

Sec. 3. All vacancies, except as hereinafter provided, shall be filled Vacancies. by election in such manner as may be prescribed by ordinance.

Sec. 4. It shall be the duty of the common council to call all city Notice of elections, to designate the places of holding the same, giving at least ten days' notice thereof, to appoint inspectors of elections, to examine the returns and declare the results, and to determine contested elections.

Sec. 5. The first general election for officers under this charter shall be held on the fourth Monday of April, one thousand eight to be held. hundred and fifty-one, and thereafter annually at the general election for state officers. No election shall be held in any place where intoxicating liquors are vended. Sec. 6. All provisions of law regulating elections for state officers

Law regulating shall apply, so far as practicable, to elections under this charter.

elections.

elections.

When elections

Tie votes.

Sec. 7. When two or more persons have an equal, and the highest number of votes for the office of mayor, the common council shall decide the election by joint ballot.

Sec. 8. At the first election under this charter only two assessors shall be elected, and the county assessor shall act as one of the city assessors during the term for which he was elected.

Assessors.

ARTICLE III.

OF THE COMMON COUNCIL.

Aldermen and assistants.

Meetings of aldermen.

Section 1. The legislative power of the city shall be vested in a board of aldermen and a board of assistant aldermen, which shall each consist of one member from each ward, and shall form the common council of the city. No person shall be eligible to either board who shall not be an elector of the ward for which he may be elected ; nor shall he be a member except whilst a resident of the ward which he represents.

Sec. 2. Both boards shall assemble on the first Monday after their election; they shall sit in separate chambers, and their proceedings shall be public. A majority in each board shall be a quorum, but a smaller number may adjourn from time to time, and may compel the attendance of absent members. Each board shall elect a president from its own body, choose its clerk and other officers, determine the rules of its proceedings, judge of the qualifications of clection of its own members, and keep a journal of its own proceedings, and shall have power to compel the attendance of members, to punish them for disorderly conduct, and, with the consent of two-thirds, to expel a member. Either board may originate or amend any ordinance or resolution, and no ordinance or resolution shall be passed unless by a majority of all the members elected to each board. On the final passage of every ordinance or resolution, ayes and nays shall be taken and entered upon the journal.

Sec. 3. Every ordinance passed by both boards, shall, before it takes effect, be presented to the mayor for his approval. If he approve he shall sign it, if not he shall return it with his objections to the board in which it originated. Said board shall enter the objections on its journal and publish them in some city newspaper. If at any stated meeting thereafter two-thirds of all the members elected to each board shall agree to pass said ordinance, notwithstanding the objections of the mayor, it shall become a law. Should any ordinance not be returned by the mayor within ten days after he shall have received it, it shall become a law, the same as it it had received his signature.

Ordinances,

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