insane person, except the order of a court or judge on proceeding in habeas corpus; and if, after such removal, it is brought to the knowledge of the judge by verified statement that the person thus removed is not cared for properly, or is dangerous to persons or property by reason of such want of care, he may order such person returned to the asylum.

SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 3. This act shall take effect immediately.

2218. Sheriff to deliver insane person, commitment, etc., at asylum.

SEC. 2218. The insane person, together with the order of the judge and certificate of the physicians, must be delivered to the sheriff of the county, and by him must be delivered to the officer in charge of the insane asylum.

2219. Money found on insane person to be delivered at asylum.

SEC. 2219. Any moneys found on the person of an insane person at the time of arrest must be certified to by the judge, and sent with such person to the asylum, there to be delivered to the medical superintendent, who must deliver the same to the treasurer. If the sum exceeds one hundred dollars, the excess must be applied to the payment of the expenses of such person while in the asylum; if the sum is one hundred dollars or less, it must be kept and delivered to the person when discharged, or applied to the payment of funeral expenses, if the person dies at the asylum.

2220. Idiots, imbeciles, etc., not to be admitted.

SEC. 2220. No case of idiocy or imbecility, or simple feebleness of mind, must be maintained at, nor must any case of delirium tremens be admitted into, the asylum.

2221. Compensation for delivery of insane to asylums.

SEC. 2221. Persons delivering insane persons at the asylums must receive all expenses necessarily incurred in their transportation, and also a just and reasonable compensation for their own services, the amount of the expenses and compensation in each case to be audited and allowed by the board of examiners, and paid out of any moneys in the state treasury appropriated for that purpose. The necessary expenses of an assistant, when more than one person is required such insane person, shall also be allowed; provided, however, that in charge of such insane person shall certify, under oath, the urgent necessity of such assistance. No compensation, except as herein provided, shall be received or allowed for delivering insane persons at the asylums. [Amendment, approved April 12, 1880; Amendments 1880, 49 (Ban. ed. 192); took effect immediately; repealed all conflicting acts.]

to convey

the

person

Under former section there was allowed and county treasury: Adams v. San Francisco, mileage to sheriffs, which allowance the sheriff 50 Cal. 117.

of San Francisco was required to pay to the city

2222. Fees of physicians.

SEC. 2222. The physicians attending each examination of an insane person are allowed five dollars each, to be paid by the county treasurer of the county where the examination was had, on the order of the board of supervisors.

An Act to provide further accommodation for the insane of the state of California, and to provide

a special fund therefor.
[Approved March 27, 1872; 1871-2, 673.]

superseded by the provisions of the act of March 6, 1876, given below. By section 22 of that act, as will be seen by reference to it, this act was continued in force only for a special

This act provides for the establishment of a new asylum for the insane; for the appointment of commissioners to select a site, and for tution. The site selected was Napa, and the purpose. the construction and management of the instiasylum has been built there. Its management, as provided by this act, has, however, been above.

Under the circumstances, this act is omitted, except its title and reference as

An Act to prohibit the sale of intoxicating liquors within a certain distance of the Napa state asylum for the insane.

[Approved January 15, 1874; 1873-4, 27.]

No liquor to be sold within one mile of Napa asylum.

SECTION 1. It shall not be lawful for any person to keep any saloon or bar, or to sell or offer for sale any spirituous or malt liquors, within one mile of the asylum building, now in course of construction upon the property in Napa county, deeded to the state of California for the site of the Napa state asylum for the insane; and any person so doing shall be guilty of a misdemeanor, and for each offense shall be punished by a fine not exceeding five hundred dollars. SEC. 2. This act shall take effect and be in force from and after its passage.

See, in reference to the subject of the foregoing act, section 172 of the Penal Code, as amended April 3, 1876.

An Act to provide for the completion of the Napa state asylum for the insane, and for other purposes.

[Approved March 24, 1874; 1873-4, 565.]

This act appropriated six hundred thousand dollars for the completion of the Napa insane asylum, legalized contracts then made, and re

quired the asylum to be completed for the sum so appropriated.

An Act to provide for the future management of the Napa state asylum for the insane. [Approved March 6, 1876; 1875-6, 133.]

Governor to appoint five trustees.

SECTION 1. Within ten days after the passage of this act the governor shall appoint five trus tees to manage the affairs of the Napa state asylum for the insane, three of whom shall be residents of Napa county; and he shall designate at the time of the appointment the respective terms of office of said trustees, under the following classification, to wit: three of said trustees shall serve for two years, and two of said trustees shall serve for four years, from the time of their appointment. Their successors shall be appointed by the governor, and shall hold their offices for the term of four years and until their successors are appointed and qualified. In case of a vacancy occurring in said board, the governor shall appoint, in manner aforesaid, to fill the unexpired term.

Trustees to organize.

SEC. 2. The trustees provided for in the preceding section shall qualify by taking the usual oath of office, and shall, within ten days after such qualification, organize themselves into a board by the election of one of their number as president, and the secretary and treasurer hereinafter provided for, and, as soon as such organization has been perfected, they shall notify the same to the "board of directors," created under "An act to provide further accommodation for the insane of the state of California, and to provide a special fund therefor,' approved March twenty-seventh, eighteen hundred and seventy-two, by serving a notice of that fact on the secretary or president of said board of directors.

Offices declared vacant.

SEC. 3. As soon as the said "board of directors" of the Napa state asylum for the insane shall receive the notification referred to in the preceding section of this act, their offices, and also those of all persons receiving appointments by, through, or under them, shall become vacant, and their functions as a board and as directors, officers, and employees shall cease to exist. Directors to turn over books and property.

SEC. 4. Upon receiving the said notification, it shall be the duty of the said "board of direc tors," their secretary and treasurer, medical superintendent, officers, and employees, to prepare a list of all books, papers, moneys, property, and effects of every kind and nature whatever belonging to the Napa state asylum for the insane, or in their possession, or under their control, and deliver the said list, together with the articles enumerated therein, upon the order of the president of the board of trustees created by this act, taking duplicate receipts therefor, and filing one with the state board of examiners.

Trustees to complete buildings.

SEC. 5. The trustees created under this act shall, as soon as funds are provided by the legis lature, cause the buildings of the Napa state asylum for the insane to be completed, and the grounds and premises to be improved, under plans now existing, as soon as practicable; provided, that such alterations as will reduce the cost of construction of the said asylum may be made by said board of trustees; but no contracts must be entered into or liabilities incurred beyond the amount appropriated by the legislature.

Trustees not to be interested parties.

SEC. 6. The trustees and other officers shall have no interest, direct or indirect, in the furnishing of any building materials, or in any contract for the same, or in any contract for labor in finishing said buildings, or improving said grounds or premises, nor in any contract for labor, material, or supplies for the maintenance thereof.

Powers and duties of trustees.

SEC. 7. The board of trustees created under this act shall be known by the name and style of the "board of trustees of the Napa state asylum for the insane," and by that name they and their successors shall be known in law, may receive, take, and hold property, both real and personal, in trust for the state, and for the use and benefit of said asylum. They shall have power to govern, manage, and administer the affairs of said asylum, and make and adopt bylaws for their government and the government of the asylum. They shall appoint all officers

and employees of said asylum, prescribe their duties, and remove them when, in their judgment, the good of the public services requires it. They shall cause to be kept a full and correct record of their proceedings, which shall be open at all times to the inspection of any citizen desiring to examine the same. They shall hold stated meetings at the asylum monthly, and a majority of the board shall constitute a quorum for the transaction of business. They shall keep themselves constantly advised of all items of labor and expense, and the condition of the buildings and property of the asylum. They shall submit to the governor biennially, on or before the first day of September next preceding the regular session of the legislature, a report showing the receipts and expenditures, the general condition of the asylum, the number of patients under treatment during the two preceding years, and such other matters touching the general affairs of the asylum as they may deem advisable.

Trustees to appoint resident and assistant physicians-Salaries and qualifications of physicians. SEC. 8. The board of trustees shall appoint a resident physician and an assistant physician, each of whom shall hold office for four years, and until his successor is elected and qualified. The salary of the resident physician shall be three thousand dollars per annum, and of the assistant physician two thousand dollars per annum; and each of them and their families shall be furnished room, household furniture, provisions, fuel, and lights at and from the supplies of the asylum. Both the resident and assistant physicians shall reside at the asylum; shall be well educated and experienced physicians, regular graduates in medicine, and shall have practiced at least five years from the date of their respective diplomas, and shall not engage in outside practice. Their duties not specified in this act shall be fixed and prescribed in the by-laws of the

board of trustees.

Trustees to elect treasurer.

SEC. 9. The board of trustees shall elect a treasurer, who shall not be of their number, and who shall hold office for two years, and until his successor is elected and qualified. The treasurer shall qualify by taking the usual oath of office, and shall give bond, with good and sufficient sureties, to be approved by the board, in a sum not less than thirty thousand dollars, payable to the people of the state of California, and conditioned for the faithful performance of his duties according to law, and for the delivery to his successor of all books, papers, vouchers, moneys, and effects held by him in virtue of his office. The board of trustees may increase the amount of the bonds of the treasurer, and may require additional security at any time; and they may remove him. The treasurer shall act as secretary of the board of trustees, and have charge of the books and accounts of the asylum, and all matters of finance relating thereto. He shall keep accurate account of all expenditures, under appropriate headings, taking vouchers for all moneys paid out, and make a detailed statement under oath each month to the state board of examiners of the expense of the preceding month, and shall perform such other duties as the board may prescribe. His salary shall be fixed by the board of trustees, not to exceed six hundred dollars per annum.

Compensation and mileage of trustees.

SEC. 10. Each trustee shall receive as his compensation ten dollars for each meeting of the board at which he shall be present, payable out of any moneys appropriated to the use of the asylum; provided, that the sum paid to the said trustee shall not exceed one hundred and thirty dollars per annum; and provided further, that any trustee whose residence is out of the county in which said asylum is situated shall be allowed, for traveling expenses, mileage at the rate of ten cents per mile for the distance necessarily traveled in attending the monthly meeting of the board.

Resident physician to be executive officer.

have

SEC. 11. The resident physician shall be the executive officer of the asylum, under the regulations and by-laws of the trustees. He shall have control of the patients, prescribe or direct their treatment, adopt sanitary measures for their welfare, and discharge such as, in his opinion, permanently recovered their reason. He shall maintain discipline among the subordinate officers and employees, and enforce obedience to the laws, rules, and regulations adopted for the government of the institution, and is empowered to discharge any employee or attendant for violation of the laws or rules of the asylum. He shall estimate quarterly, in advance, the probable expenses of the asylum, and submit the same to the board of trustees, at their last regular meeting preceding the commencement of such quarter, for their approval. And the controller of state is hereby authorized and directed to draw his warrants for the amount of such estimate, approved by the trustees, as soon as the same shall have been approved by the state board of examiners, in three equal sums, in favor of the board of trustees. And the state treasurer is authorized and directed to pay the same out of any moneys appropriated by law for the use and benefit of said asylum. He shall estimate and report to the trustees the amount, kind, and quality of furniture and household furnishing goods, provisions, fuel, forage, clothing, and other materials required for the six months ending on the first day of May and November of each year; and the trustees shall then advertise for four successive weeks for Contracts for furnishing said supplies. All contracts shall be awarded to the lowest bidder or bidders, upon their giving to the board of trustees satisfactory security for the faithful performance of the saine. Necessary expenditures, other than those for provisions, fuel, forage, clothing, and furniture, and household furnishing goods, may be made by the resident physician, subject to the approval of the board.

Monthly report of physician.

SEO. 12. The resident physician shall cause accurate and careful accounts to be kept of the daily expenditures of all articles of stores and property placed in his charge, and shall, at the end of each month, submit the same to the board of trustees for their inspection; and on each daily

report shall be shown the number of persons fed and lodged in the asylum, whether as officers and their families, employees, or patients. A monthly report of the same tenor shall also be made to the trustees.

Pay-roll.

SEC. 13. At the end of each month the resident physician shall cause a pay-roll to be made, which shall show the name of each person employed in or about the asylum, giving the capacity in which each is employed, the time employed, the rate of salary or wages, and the amount due each. Upon receiving this roll, sworn to and certified by the resident physician and approved by the president of the board, the treasurer shall pay the persons named on the roll the sums due them, taking their receipts on the roll for the moneys received, which roll, so receipted, shall be his voucher.

Bills, how audited and paid.

SEC. 14. All bills against the asylum shall be presented to the treasurer, and be by him submitted to the board of trustees at their next regular meeting after presentation, and shall be by them audited and approved before they are paid; and no money shall be paid out by the treas urer, except as provided in the last section, unless ordered by the board, and the order entered upon their minutes.

Treasurer to report.

SEC. 15. At every stated meeting of the board the treasurer shall present a clear and detailed statement of all moneys received and paid out by him, with vouchers regularly numbered to show for the payments, the statements to classify all receipts and expenditures under appropriate and intelligible heads. He shall also present his books, and show that they are written up to date, properly posted, and the balance of cash in his hands belonging to the asylum shown. Trustees to examine accounts.

SEC. 16. The vouchers, statements, and books of the treasurer shall be examined by the board of trustees at each stated meeting, and if found correct and kept in accordance with the provisions of this act and the by-laws, the president of the board shall give the treasurer a certificate of the fact, and cause a note of it to be made in the minutes of the board. The minutes of each meeting of the board shall be approved by the board and signed by the secretary and president.

Commitment of insane persons.

SEC. 17. The county judge of any county in this state, and the probate judge of the city and county of San Francisco, shall, upon application under oath, setting forth that a person, by reason of insanity, is dangerous to be at large, cause such person to be brought before him; and he shall summon to appear, at the same time and place, two or more witnesses who well knew the accused during the time of the alleged insanity, who shall testify under oath as to conversation, manners, and general conduct upon which said charge of insanity is based; and shall also cause to appear before him, at the same time and place, two physicians, who shall be regular grad uates in medicine, before whom the judge shall examine the charge; and if, after a careful hearing of the case, and a personal examination of the alleged insane person, the said physicians shall certify on oath that the person examined is insane, and the case is of a recent or curable character, or that the said insane person is of a homicidal, suicidal, or incendiary disposition, or that, from any other violent symptoms, the said insane person would be dangerous to his or her own life, or the lives or property of the community in which he or she may live; and if said physi cians shall also certify to the name, age, nativity, residence, occupation, length of time in this state, state last from, previous habits, premonitory symptoms, apparent cause and class of insanity, duration of the disease, and present condition, as nearly as can be ascertained by inquiry and examination; and if the judge shall be satisfied that the facts revealed in the examination establish the existence of the insanity of the person accused, and that it is of a recent or curable nature, or of a homicidal, suicidal, or incendiary character, or that, from the violence of the symptoms, the said insane person would be dangerous to his or her own life, or to the lives or property of others, if at large, he shall direct the sheriff of the county, or some suitable person, to convey to and place in charge of the officers of the insane asylum of this state to which the order is directed, such insane person, and shall transmit a copy of the complaint and commitment, and physicians' certificate, which shall always be in the form as furnished to the courts by the resident physician of said asylum; and the person taking such insane person to the insane asylum shall be allowed therefor the same fees as are allowed by law to the sheriff in such cases, to be paid in like manner. And the physicians attending the examination aforesaid shall be allowed, by the board of supervisors of the county in which the examination is had, five dollars each, unless they are otherwise paid.

Idiots and imbeciles.

SEC. 18. No case of idiocy, imbecility, harmless chronic mental unsoundness, or acute mania-a-potu shall be committed to this asylum; and whenever in the opinion of the resident physician, after a careful examination of the case of any person committed, it shall be satisfactorily ascertained by him that the party had been unlawfully committed, and that he or she comes under the rule of exemptions provided for in this section, he shall have the authority to discharge such person so unlawfully committed, and return him or her to the county from which committed, at the expense of such county.

Guardian for insane.

SEC. 19. The judge shall inquire into the ability of insane persons committed by him to the asylum to bear the actual charges and expenses for the time that such person may remain in the asylum. In case an insane person committed to the asylum under the provisions of this act shall be possessed of real or personal property sufficient to pay such charges and expenses, the

judge shall appoint a guardian for such person, who shall be subject to all the provisions of the general laws of this state in relation to guardians, as far as the same are applicable; and when there is not sufficient money in the hands of the guardian, the judge may order a sale of property of such insane person, or so much thereof as may be necessary, and from the proceeds of such sale the guardian shall pay to the board of trustees the sum fixed upon by them each month, quarterly in advance, for the maintenance of such ward; and he also shall, out of the proceeds of such sale, or such other funds as he may have belonging to such ward, pay for such clothing as the resident physician shall, from time to time, furnish such insane person; and he shall give a bond, with good and sufficient sureties, payable to the board of trustees, and approved by the judge, for the faithful performance of the duties required of him by this act, as long as the property of his insane ward is sufficient for the purpose. If indigent insane persons have kindred of degree of husband or wife, father, mother, or children, living within this state, of sufficient ability, who are otherwise liable, said kindred shall support such indigent insane person to the extent prescribed for paying patients. The board of trustees shall furnish such blank bonds as are required by this section, to the several judges in this state. A breach of any bond provided for in this act may be prosecuted in the superior court of any county in this state in which any one of the obligors may reside, and the same shall be prosecuted by the district attorney of the county in which the action shall be brought, and shall be conducted throughout, and the judgment enforced, as in a civil action for the recovery of a debt. Should there remain in the hands of the board of trustees, or their treasurer, at the time any insane person is discharged, any money unexpended, so paid by the guardian or kindred, the same shall be refunded; provided, that the board of trustees shall not be required to refund any money for a fraction of a month, but upon the death of any insane person, after paying the ordinary burial expenses, the remainder of any moneys received from the guardian, or on deposit with the board of trustees, or their treasurer, shall be refunded to the person or persons thereto entitled, on demand. Any moneys found on the person of any insane person at the time of arrest shall be certified to by the judge, and sent with such person to the asylum, there to be delivered to the treasurer, to be applied to payment of the expenses of such person while in the asylum; but upon the recovery of such insane person, all sums remaining after deducting such expenses shall be returned to such person when discharged from the asylum. All moneys belonging to the state coming into the hands of the board of trustees, other than that appropri ated by the state, shall be kept by said trustees in a separate fund, to be known as a contingent fund, and the same shall by the said trustees be expended at such times and in such manner as to the said board appears for the best interest of said asylum, and for the improvement thereof, and of the grounds and buildings therewith connected. A full, strict, and itemized account of all such receipts and expenditures shall be included in the biennial report of said board of trustees. The kindred or friends of an inmate of the asylum may receive such inmate therefrom, on their giving satisfactory evidence to the judge of the court issuing the commitment, that they, or any of them, are capable and suited to take care of and give proper care to such insane person, and give protection against any of his acts as an insane person. If such satisfactory evidence appear to the judge, he may issue an order, directed to the trustees of the asylum, for the removal of such person; but the trustees shall reject all other orders or applications for the release or removal of any insane person, except the order of a court or judge on proceeding in habeas corpus; and if, after such removal, it is brought to the knowledge of the judge, by verified statement, that the person thus removed is not cared for properly, or is dangerous to persons or property by reason of such want of care, he may order such person returned to the asylum. [Amended March 13, 1883; Statutes 1883, 281; took effect immediately.]

Non-residents and temporary patients.

SEC. 20. Non-residents of this state, conveyed or coming herein while insane, shall not be committed to or supported in the Napa state asylum for the insane; but this prohibition shall not prevent the commitment to and temporary care in said asylum of persons stricken with insanity while traveling or temporarily sojourning in the state; or sailors attacked with insanity upon the high seas, and first arriving thereafter in some port within this state.

Transfer of patients.

SEC. 21. Until the Napa state asylum for the insane shall be occupied to its entire capacity, the judges who are authorized herein to commit insane persons may order all persons thereafter by them duly examined and declared insane to the Napa state asylum; but the county judges of this state, or the probate judge of the city and county of San Francisco, may order the transfer any insane person committed from their respective counties from one asylum to the other, upon the joint recommendation and consent of the resident physicians of each, the cost of such transfer to be paid by the guardian or friends of the patient transferred.

of

Proceedings against directors and employees.

SEC. 22. An act entitled "An act to provide further accommodation for the insane of the state of California, and to provide a special fund therefor," approved March twenty-seventh, eighteen hundred and seventy-two, is hereby continued in force so far only as the same gives or creates a right on the part of the people of this state to proceed against the directors and employees mentioned therein, civilly or criminally, for any fraudulent or illegal acts on their part, under the alleged authority of this act; provided, that nothing herein shall be so construed as to repeal the act of March twenty-fourth, eighteen hundred and seventy-four, entitled “An act to provide for the construction of the Napa state asylum for the insane, and for other purposes,”

or any part thereof.

SEC. 23. This act shall take effect from and after its passage.