OCR Interpretation

Calaveras chronicle. [volume] (Mokelumne Hill [Calif.]) 1851-18??, October 18, 1851, Image 5

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A* Act to create a State Hoapital in
the city of Stockton.
The People of the Stole uf C ahlornin re
presented in Senate and Assembly do en- j
act at follows:
Section 1. There shall be established !
within the city of Stockton a Hoapital,
to he atyled the Stockton Stale Hospi
tal, in the manlier hereinafter provided, |
Sec. 2. The administration of said
Hoapital afmir be under the control of
a Board of Trustees, to consist of six
members, to lie chosen by the legisla
te ; they shall lie citizens of the
Hniled States, and residents of the city
•f Stockton, and shall elect by ballot a
President- from their number who shall
preside over their deliberations, and a
riw President to 1 act as President in
Kis'aßaence, They shall be known by
the name amf style of the 'l'nistees of
the Stockton State Hospital, and by that
name they and their successors shall be
known in law—have perpetual succes
sion* may sue and be sued in all courts
•f this Skate, may receive and bold pro
perty* real and personal, for the use
and benefit of said Hospital.
Sec. }. The Board of Trustees shall
lave full power to manage and admin-
Mler the affairs of said Hospital, to pur
chase the necessary land for the pur
pose of erecting said hospital buildings
whenever a sufficient amount of funds,
ever and above all liabilities, shall be
received by them in their official capa
city. The trustees are authorized to
make temporary arrangements for the
establishment and organization of said
Sec. 4. The trustees shall have power
•b make by-laws for their own govern
ment and the government of the hospi
tal. Provided that they are not repu
gent to the laws of the United States—
of this State, or the ordinances of the
city of Stockton, they shall cause to be
kept a record" of their proceedings,
which shall at aft times be open for the
inspection of a committee, appointed
by the legislature. They shall submit
to the legislature during the first week
of each session, an annual report, show
ing the amount of the receipts end ex
penditures, the condition ot the hospi
tal, the number of patients admitted
and discharged during the year, the na
ture 6f their disease,-the number of pa
tients remaining in tba hospital at the
date of their report,- wkh such other
matter touching the general' affairs of
the hospital. They shall have power
to- appoint suitable persons necessary
to be employed in said Hospital, to fix
their compensation, and shall have
power to fill all vacancies which may
occur by death, resignation, or removal
from office in their own body, by elec
tion or otherwise; said vacancies so
filled shall expire on the first week of
the ensuing legislature, when the trus
tees chosen - Hy the legislature shall be
divided by Iht into- two classes. The
trusteeeef the first class shall go out of
office at the expiration of the first year,
so that one-half be chosen annually.
They shall have stated meetings at
least once a month. A majority shall
constitute a quorum to transact busi
3oc. 5.' Within thirty days after the
pa«nge of this aat, the trustees shall
take the oath of office, ami shall imrac
dlately undertake the organization of
•aid hospital, in conformity with the
provisions of this act. They shall by
ballot annually elect a treasurer, who
ahall bold his office for the term of one
year, or until his successor shall be qua
lified, and who, before entering upon
the duties of his office, shall give bond
and security to bo approved by the
board of trustees, in the sum of twenty
thousand dollars, payable to the trus
tee* of the Stockton State Hoopital,
conditioned for the faithful discharge
of his duties. Provided, however, that
no officer to be created under this act
ahall receive or be entitled to any pay
until said hospital shall have been duly
organized and ready for operation.
■ Sec. 6. It ahall be the duty of the
treasurer to collect all money due the
Hospital to keep a correct account of its
property, assets and revenue—receive
asid safely keen all moneys, and pay
the some out as herein provided, which
sbaU ho ealled the hospital fund. Ho
•hall also act as Secretary to the board
of trustees, he shall make a monthly
report to said trustees of his official
transactions—keep the books, and have
charge of all hospital accounts, and
perform such duties connected with his
office as the trustees may direct. His
compensation shall not exceed the sum
of two thousand dollars, to be paid
quarterly out of the fund of the Stock
ton SmeHospitak
.-The legislature shall elect a
resident physician, who shall bold of
fice for the term of two years, he shall
he a graduate in medicine, and shall
Rave practised at least five years from
the date of hia diploma. It shall he his
duly tp have a general supervision of
the hospital, give orders for the admis
sion of patients,. have the Immediate
control of its inmates,-ami make rules
nnd ordeiw for id government. By
consent of the trustees* he shall employ
and discharge aM motes, nurses,- and at
tendants, and shall m escribe in cases of
emergency; he shall not lie allowed to
engage in any priavte practice which
shaH interfere with his official duties,
joud ho shall reside in the hospital. He
shall salary not en* coding four
thousand dollars per annum, to be paid
quarterly out of the fuuds of the
Stockton State Hospital.
Sec. 8. 1 here shall also be elected
iu the same manner, a visiting physi
cian, who shall be a regular graduate
ro medicine, and who shall have prac
tised his profession at least five years
from the date of his diploma. He shall
visit the said hospital at least once
every day, unless prevented by sick
ness or other such lawful hindrance.
He shall prescribe for the sick therein,
and shall keep records of all prescrip
tions, and shall have a salary’ not ex
ceeding four thousand dollars per an
num, to be paid quarterly out of the
funds of the Stockton stale hospital.
Sec. 9. The trustees may employ
from liine to time such additional med
ical assistance as the temporary wants
of the hospital and the inmates thereof
may require. All officers appointed or
elected under this act, shall be citizens
of the United States, and shall, before
entering upon their duties, take an oath
of office faithfully to discharge their
respective trusts, and no officer shall be
allowed to charge or appropriate any
fee or perquisite to his own use. Pro
vided, that no more than two visiting
physicians shall he elected.
Sec. 10. It shall be the duty of the
trustees to audit all bills and accounts
against the hospital, and nil claims thus
audited shall be paid out of the general
fund, on the order of the resident phy
sician, countersigned by the president
of the board, and no funds shall be
paid out except as provided in this sec
tion. No interest shall be allowed on
any claim exceeding the legal interest
of the state.
bee. 11. All funds collected or re
ceived shall be deposited by the trea
surer at least once in each week, and
oflener, if required by the trustees, in
sonic banking house or ot|ier place of
safe keeping in the city of Stockton, to
be designated by the trustees, and no
moneys thus deposited shall be drawn
out except as provided in section 10.
Sec. F 2. Should the treasurer refuse
to deposit the funds as provided for in
this act, or withhold any of the funds
of the hospital which may come into
his bands, exceeding the term of seven
days, be shall he deemed guilty of a
misdemeanor, and on conviction before
any competent tribunal, shall be fined
in a sum not exceeding twenty thou
sand dollars, or imprisonment not ex
ceeding twelve months, or both such
fine and imprisonment.
Sec. 13. Should either the resident
or visiting physician neglect or refuse
to discharge their duties as herein pre
scribed, or absent themselves without
consent of the board, they shall be sus
pended or removed from office, at the
discretion of the trustees \ Provided
that no such'removal shall he had ex
cept by a vote of two-thirds of the
whole board, nor until the party sought
to be removed shall be first heard io his
owu defence.
Sec;. 14. The treasurer shall enter in
a suitable book to be kept for the pur
pose an exact account of all funds, pro
perty, or articles of value, which may
lie deposited at the hospital for safe
keeping belonging to the estate of per
sona who shalll have died therein, the
date when received, a description of
the property, and to whom belonging,
and the said property or effects shall be
returned to the rightful owner or own
ers, or his or their legal representatives,
whenever demanded.
Sec 15. Any member of the board of
trustees who, for three consecutive sit
tings, shall not have attended its legal
meetings, except prevented by sickness
or some other reasonable cause, or who
may be implicated in a criminal suit,
his office shall he declared vacant, and
another immediately appointed in his
place. The board of trustees may ex
pel any of its own members, for cause,
by a two-third vote of the whole num
See 16. No member of the board of
trustees, nor other officer or employee
of the hospital, shall be permitted in
hie own name, or in the name of others,
to have any interest in any undertaking
or contract on account of said hospital,
whether for supplies or any other pur
pose; any violation of this section shall
operate as a forfeiture of office.
Sec. 17. Any person in good health,
on’ the payment of ten dollars to the
treasurer of the hospital, shall be ad
mitted to aH the benefits of said hospi
tal for the term of one year from the
date of his receipt. In such case it
shall be the duty of the treasurer upon
presentation of a certificate from the
resident physician,- that the person
making application is in good health;
and on payment of ten dollars to be en
tered in a book kept fbr the purpose,
the name, age, complexion, with a full
description of the oerson, to whom he
shall give a duplicate copy of said re
ceipt, which shall entitle the party to
admission when sick, but said receipt
shall in no case he transferable.
Sec. 18. All invalid persons desirous
of being admitted into the hospital shall
apply to the resident physician, and on !
the certificate of raid physician and the
payment of such fee as shall from time
Uptime be determined by the trustees of
the hospital, the party shall be admitted
as a patient therein, and shall be allow
ed to remain as long as the party is in
valid ; Provided, said fees shall be
promptly paid and that no person si sll
be admitted under the provisions of this
section, to the prejudice of those who
may have complied with the provisions
of the seventh section, or of the indi
gent sick who may be the objects of
state charity.
Sec, 19. it shall be lawful for the col
lector of the port of Stockton to send
all sick and disabled seamen to the stale
hospital upon such terms and under such
rules and regulations as shall be agreed
upon between the collector and the
Sec. 20. All directors, managers or
any other person interested with any
circus, theatre, or exhibition of any
kind, ojieu to the public of the city of
Stockton, shall pay in coin to the treas
urer of the hospital, for each and every
representation, the sum of five dollars,
and for every public and subscription
ball or concert, and all lectures and
publie exhibitions of any kind, the sum
of ten dollars shall be paid in like man
ner. The mayor of the city shall pro
hibit all entertainments or diversions
herein named, unless the applicant shall
first exhibit to him the receipt for said
tax, signed by the treasurer of the hos
Sec. 21. From and after the passage
of this act the comptroller of state is
hereby authorized and required to au
dit and issue his warrants upon the
treasurer of the state in favor of the
president of the board of trustees of
the state hospital, countersigned by the
treasurer thereof quarterly, the nett
proceeds of all sums of moneys which
may be allowed and paid into the slate
treasury arising from the one-fourth of
the total amount of taxes which may
accrue nett to the state treasury from
licenses for gambling and sales at pub
lic auction ; Provided said one-fourth
shall not exceed the sum ot twenty
thousand dollars.
Sec. 22. The comptroller of state is
hereby req u ired to and it and issue his
warrants upon the treasurer of state in
favor of the president of the board of
trustees of the state hospital, counter
signed by the treasurer thereof, payable
emt of any money Wot otherwise appro
priated out of the general fund, the
sum of fifteen thousand dollars, pay able
quarterly during the first year.
Sec. 23. All charges, fees, fines or
penalties collected by virtue of the fore
going provisions ot this act, shall be
wholly for the use and benefit of the
state hospital, and shall be applied to
no other purpose whatever.
Sec. 24. The legislature shall have
power to alter or amend this act when
ever the same by them may be deemed
Speaker of the Assembly.
President of the Senate.
Approved April 30, 1851.
Office of Secretary of State, )
Vallejo, April 30, 18-51. )
I herebyt-ertify that the foregoing is a
true copy of an original Act now on tile in
this office. W. VAN VOORIIIES,
octlß Secretary of State.
An Act prescribing the amount of com
pensation ami inode of payment to
persons who have performed military
services for the State of California,
and expenses incurred therein.
The People of the State of Calif ter nia, re
pretented in Senate and Assembly , do
enact as follows :
Sec. I. There shall be paid to the
officers and sokiiers who have hereto
: fore rendered actual military service to
the state California, in compliance
with an order from the Executive of
this State, in all Indian wars since the
the thirteenth day of November, one
thousand eight hundred and forty-nine,
the following pay per diem for the
number of days of actual service ren
dered by each, to wit: To each major
fifteen dollars per day ; to each captain
twelve dollars per day ; to each lieute
nant ten dollars per day ; to each ser
geant seven dollars |»erday; to each
corporal six dollars per day; to each
private five dollars per day ; to each
quartermaster twelve dollars per day ;
to each commissary twelve dollars per
day; to each surgeon twelve dollars per
day; to each adjutant twelve dollars per
day. Each officer and private who
may have furnished his own horse or
horses, shall be allowed one dollar per
day for each horse so furnished ; pro
vided, the number furnished shall not
exceed the number of horses allowed
to officers and privates in the United
States army ; and further provided, that
each officer shall make affidavit before
some Judge or Justice of the Peace,
that such horse or horses were actually
in use by him in the campaign for the
time charged, were necessary for the
service,- and aie not allowed for or to
be allowed as the property of any other
individual in service, which affidavit
shall' be returned by the paymasters as
hereinafter provided ft>r in the return
of vouchers.
Sec. 2. The amount of compensation
to be paid under the provisions of the
first section of this act, shall be ascer
tained from the returns of the proper
commanding officer or officers now on
file in tbd adjutant general’s office.
Sec. 3, AH necessary expenses incur
red* to*arming, equipping, and for pro*-
vision* and clothing furnished to or for
the use of persons who have been in
actual military service,shall be paid on
the certificate of the proper officer t or
officers, now on-file in the adjutant gen
eral’s office.
Sec. 4. That William Rogers, of El
Dorado county, and Wil jam Foster,
of I*os Angeles, are hereby ap|>ointed
paymasters, to pay and liquidate all
claims against this state for actual mili
tary services rendered, as hereinafter
Sec 5. Said William lingers shall
pay and liquidate all claims fur services
rendered and expenses incurred by the
troops under command of Major Wil
liam lingers, in El Dorado, Sutler, and
j Yuba counties.
Sec ti. Sait! William Foster shall pay
and liquidate all claims for services
i rendered and expenses incurred by the
troops under the command .of General
Joseph C. Morehead, engaged in what
has been commonly denominated the
Gila expedition.
Sec 8. The said paymasters may at
tend at such times and places to perform
the duties assigned them in this act, us
the commander-in-chief may direct.
Sec 8. The comptroller and treasu
rer of slate are hereby jointly constitu-
I ted an examining board, to w hom the
accounts and vouchers of the paymas
j ters shall be returned for examination
I and approval, on or before the first day
of January, one thousand eight hun
dred and filly-two; in default of which
j settlement, it shall l*e the duty of the
comptroller to proceed against suchde-
I faulter in the manner provided by law
j for the enforcement of payments due
the State, and the defaulter shall like-
I wise be subject to the same damages as
! provided by law in like cases.
| Sec 9. The comptroller of State is
hereby authorized to issue his warrant
on the treasurer of Stale for the sum of
one hundred thousand dollars, payable
to William Rogers out of the “ War
Doan Fund,” and u similar warrant to
William Foster for one hundred and
twenty-five thousand dollars, payable
out of the same fund, to enable them
to make the payments specified in this
Sec. 10. The treasurer may pay and
deliver to said paymasters on such war
rants in bonds of the war loan, that in
their judgment can be paid out or sold
in discharge of any indebtedness to be
liquidated under this act.
Sec 11. Fa"h of paymasters ap
pointed by this act shall execute a bond
| in the penal sum ofsuth amount as
may be by each received, w ith sureties
to be approved by the governor, comp
troller, and treasurer, for the faithful
pcrlurmonce of the duties entrusted to
them by this act.
Sec 12. Said paymasters each
receive for his services rendered under
this act. seven per centum on the
amount d sbnrsed by each in discharge
of his duties.
Sec 13. 1 hat in default of said pay
masters accepting their appointments,
or in the cve:;t ot the death or resigna
tion of either, the vacancy shall be fill
ed by appointment by the governor, and
the person appointed shall give like
bond us required by this act.
Sec 14. T lie comptroller shall file in
his office all accounts and vouchers
which may have been rendered by ei
ther paymaster, and shall hold such ac
counts subject to the examination of the
Sec 15. In the application and son
struction of the payments to he made
as herein contemplated, it shall be the
duty of the disbursing officers to be
guided by the rules and regulations in
force for like disbursements to volun
teers in the service of the United
Sneaker of the Assembly.
President of the Senate.
Approved, March 7, 1851.
Department of State, >
Vallejo, July 11th, 1851.$
I, W. \ an \ oorhies, Secretary of
state for the state of California, do here
by certify that the foregoing is a cor
rect copy of an original act now on file
in this office. W. Van Voorhies,
octlß Secretary of State. 3
An Act authorizing the Treasurer of
the State to negociate a loan upon
the faith and credit of the State, for
the purpose of defraying the expen
ses which have been and may be in
curred, ia suppressing Indian hostili
ties in this State, in the absence of
adequate provision being made by
the General Government.
The People of the Stete of California re
presented in Senate and Assembly do
enact as follows:
Section 1. By virtue of the power
given to the legislature by the consti
tution of this state, article eighth, “ In
case of war to repel invasion, or sup
press insurrection,” a loan not exceed
ing five hundred thousand dollars is
hereby authorized to be ndtrociated up
on the faith and credit of the state, I
payable in ten years, and at any period
after five years, at the pleasure of the
state; said loan to bear a rate of inter
est not exceeding 12 per cent, per an- ;
num, payable annually or semi-annual
ly, at such place as the contracting par
ties"may agree. Provided r however,
that the interest of the first year may
be paid ia advance out of tbeloan thus
Sec 2. That the treasurer be, and* be
is hereby authorized and required to
cause suitable bonds to be provided for
said loan, in sums not less than one
thousand dollars.
Sec 3. All such bonds shall be signed
by the treasurer, in his official charac
ter, made payable to and endorsed by
tbc governor in his official character.
who shall affix , the sen! of the State
thereto, and countersigned by the
comptroller, which bond executed ns
aforesaid shall be transferable on deli
very, and bind the State for the faith
ful payment thereof.
Sec 4. After the bonds aforesaid
shall have been countersigned by the
comptroller, it shall be his duly to
make a register of the same in a book
to be kept for that purpose, with the
number and amount thereof, and deli
ver them to the treasurer, charging
him with the same. The treasurer
shall also keep a register of such bond*
as may be negociated.
Sec 5. Coupons for the interest shall
be attached to each bond so that they
may be removed without injury or mu
tilation to the bond.
Sec G. The treasurer shall be, and
he is hereby authorized with the appro
val of the governor of the state, to ne
goeiate such loan as speedily as possi
ble, at such time and place, and in such
amounts as they may determine the ex
igencies of the state require; but no
loan shall be negociated below- the par
value thereof.
Sec 7. Any claim which this state
has now-, or may hereafter have upon
the General Government, for moneys
expended out of this loan, for the pur
poses aforesaid shall be, and the same
is hereby set apart and pledged for the
payment of the principal and interest
arising upon said bonds together with
all other moneys in the treasury, not
otherwise appropriated, or so much
thereof as may be necessary.
Sec 8. The treasurer is hereby au
thorized to defray such expenses as may
be incurred incurred in obtaining the
above loan. Provided, That it does
not exceed the sum of two thousand
dollars to be paid out of any moneys
in the treasury not otherwise appro
priated. Provided, said loan be nego
ciated in lhi» state.
Speaker of the Assembly,
President of the Senate.
Approved, February 18, JSSI.
Office of the Secretary of State. } T
Vallejo, June 12, 1851. $
1 hereby certify that the foregoing is
a true copy of an original act now on
file in this office.
W. V an V oorhiks,
oct 13 Secretary «f Slat*.
An Act to prohibit Officers from being
interested iti certain contracts.
The People of the State of California, re
jtresented in Senate and Assembly, do
enact as follows :
Section 1. That it shall not be lawful
for any officer of slate or member of
legislature, alderman or member of the
common council of any city in this state,
or for the trustees of any city, town or
village, or for the supervisor of any
county to become a contractor under
any contractor, or order for supplies
authorised by or for the state, or any
department thereof, or the legislature,
or either branch thereof, or by or for
the aldermen or common cmuncil, board
of trustees, or board of county super
visors, of" which he is a member, or to
be in any manner interested, directly
or indirectly, as principal in any such
Sec 2. That it shall not be lawful for
any town, city, county or state officer
or member of the legislature, to be in
terested in any contract made by such
officer or legislature of which he is a
member ; or be a purchaser or be inter
ested in any purchase at any sale mad*
by such officer, or a seller at any pur
chase made by such officer in the dis
charge of liicr official duties.
Sec 3. That all contracts made in
violation of the provisions of the first
and second sections of this act, may be
declared void at the instance of the ci
ty, town or village, or county interested,
or of any other party interested in such
contract, except the officers prohibited
in said sections from making or beings
interested in such contract.
Sec 4. Any person violating tjbe pro
visions of this act, directly or
shall forfeit his office, and shall tie pu
nished by fine not less than five hun
dred, nor more than five thousand dol
lars, or by imprisonment in the county
jail for not more than six months, or
Speaker of Assembly.
President of the Senate
Approved May*T, 1851.
Office of Secretary of State, >
Vallejo, June 28, lißsl. $
I herebyjcertify that the foregoing is
a true copy of -an original act now on-t
file in this office.
oct!8 : Secretary of State.
Patriotic Sympathy. —We learn,
shys the New York Herald, that the sai
lors of the U. S. ship Albany, at Ha
vana, were thrown into a great state of
excitement on learning that fifty Amer
icans were be shot. They waited
upon Cayt. Randolph to get permission
to land and prevent the execution ; they
desired him to open his batterries upon
the town ; and when the guns were
heard at the execution, they wated the
flag ofthe Albany struck.

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