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BY.IT 12 L4WS.
PCBLtilll'D ET ACT MO ft [TV. Aw Act to create a State Hospital In the city of S:o ;kto:i. T';c Pcjp't of t’ie Strl? of Ca!ifo, n r, re proven tv lui S',late mil As anibhj do en act a s tullo iCi: Section 1 There shall be established " >I bin the city of Stockton a Hospital, to be styled the Stockton State Hospi tal, in the manner hereinafter provided. Sec. 2. The administration of said Hospital sh ill be under the control of a Board of Trustees, to consist of six members, to bo chosen by the legisla ture ; they shall be citizens of the United States, and residents of the city of Stockton, and shall elect by ballot a President from their number who shall preside over their deliberations, and a Vice President to act as President in his absence. They shall be known by the name and style of the Trustees of the Sto tkton Stale Hospital, and by that n one they and their successors shall be kn ».vn in I r.v—!i ive perpetual succes sion, m ly Stic and be sued in all courts of this St ite, m iy receive and hold pro perty, real and person 1 1, for the use and benefit of said Hospital. Sec. 3. The Board of Trustees shall have toll power to manage and admin i>ier the affairs ofs ii I Hospital, to pur chase the necessary Im l for the pur pose ot erectingsiid hospital buildings whenever a sufficient amount of funds, over an I ah ive all liabilities, shall l»e receive I hy the n in their official capa city. Thu trustees are authorized to make le up-wary arrangements for the c>toldish nunt and organization of said hospital. Sec, 4. The trustees shall have power to make by-laws for their own govern ment and the government of the hospi tal. Provided that they are not repu g nit to the laws of the United States— of this St ite, or the ordinances of the city of Stockton, they shall cause to be kept a record of their proceedings, which shall at all times he open for the i I'jiection of a committee, appointed by the legisl iture. They shall submit to the legislature during the first week of each session, an annual report, show ing the amount ut the receipts and ex penditures, the condition of the hospi tal, the number of patients admitted and discharged during the year, the na ture of their disease, the number of pa tients rom lining in the hospital at the date of their report, with such other, matter touching the general affairs ofj the hospital. They shall have power! to appoint suitable persons necessary ! to be employed in said Hospital, to fix ; th ir compensation, and shall b»»v« l power to fill all vac nicies which may j 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 by the legislature shall be div.ded by lit into two classes. The' trustees of the first class shall go out of o:fice at the expiration of the first year, so th it one-half he chosen annually. ; They shall have stated meetings at least once a month. A majority shall constitute a quorum to transact busi ness. Sec. 5. Within thirty days after the p issage of this a it, tlm trustees shall take the oath of office, mid shall imme diately undertake the organization of said hospital, in confer nity with the provisions of this act. They shall by It dlot annually elect a treasurer, who shad hold his office for the term of one year, or until his successor shall he quu- Idied, and who, before entering upon the duties of his office, shall give bond a id security to he approved by the board of trustees, in the sum of twenty thousand dollars, payable to the trus tees of the Stockton State Hospital, conditioned for the faithful discharge of his duties. Provided, however, that u » officer to be created under this act sli di receive or be entitled to any pay u nil said hospital sb dl have been duly organized and ready for operation. Sec. 6. It sb dl be the duty of the treasurer to collect all money due the h i-pital to keep a correct account of its p operty, assets and revenue—receive a id safely keep all moneys, and pay t ie same out as herein provided, which si dl he called the hospital fund. He .-it II also act as Secretary to the board of tru-lee-, be shall make a monthly n port to said trustees of his official transactions—keep the books, and have ch oge of nil hospital accounts, and perform such duties connected with his office as the tru<tees may direct. His compensation sh dl not exceed the sum of two thousand dollars, to he paid quarterly out of the fund of the Stock ton State Hospital. Sec. 7. The legislature shall elect a resident physician, who shall hold of fice for the term of two years, he shall he a graduate in medicine, and shall h ive practised at least five years from the date of his diploma. Itshall l*e his duty to have a general supervision of the hospital, give orders for the admis sion of patients, have the immediate control of its inmates, and make rules ’ * and orders for its government. By consent of the trustees, he shall employ and discharge all mates, nurses, and at tendants, and shall pi escribe in cases of emergency; he shall not lie allowed to engage in any priavte pra tice which shall interfere with his official duties, and lie shall reside in the ho.ipital. He fchull receive a salary nut exceeding four thousand dollars per annum, to be paid ; quarterly out of Tim funds of the Stockton State Hospital. Sec. S. There shall also he elected ;in the same manner, a visiting physi ,enm, who shall be a regular graduate jin medicine, and who shall have prac j ti*cd his profession at least live years j li'om the uate ot his diploma. He shall visit the said hospital at least once every day, unless prevented hy sick ness or other such lawful hindrance. He shall prescribe for the sick therein, and shall keep records of all prescrip | lions, 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 state hospital. Sec. 9. The trustees may employ from time 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 Slates, and shall, before entering upon their duties, take an oath of office fiithfully to discharge their respective trusts, and no officers!) ill lie allowed to charge or appropriate any fee or perquisite to his own use. Pro vided, that no more than two visiting physicians shall be elected. Sec. 10. It shall be the duty of the trustees to audit all bills and accounts against the hospital, and all 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 sh ill be paid out except as provided in this sec tion. No interest shall he allowed on any claim exceeding the legal interest of the state. Sec. 11, All funds collected or re ceived snail be deposited by the trea surer at least once in each "week, and oftener, if required by the trustees, in some banking house or other 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. 12. 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 hands, exceeding the term of seven d iys, he shall be 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. See. 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 removeil from otpee. at me discretion of the trustees ; Provided that no such removal shall lie 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 in his own 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 sate keeping belonging to the estate of per sons vvlm shall! h ive died therein, the date when received, a description of the property, and to whom belonging, ami the said property or effects shall lie I returned to the rightful owner or own ers, or his or their legal representatives, ! whenever demanded. Sec 15. Any member of the hoard of trustees who, for three consecutive sit ting-, shall not have attended its legal meetings, except prevented by sickness or some other reasonable cause, or who may he implicated in a criminal suit, his office shall he declared vacant, and another immediately appointed in his place. The hoard of trustees may ex pel any of its own members, for cause, by a two-third vote of the whole num ber. Sec 16. No member of the hoard of trustees, nor other officer or employee of the hospital, shall lie permitted in his own name, or in the name of others, to h ive 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 goo I health, on the payment of ten dollars to the treasurer of the hospital, shall lie ad mitted to all the benefits of said hospi tal for the term of one year from the date of his receipt. In such case it shall he the duty of the treasurer upon presentation of a certificate from the resident physician, that the |>ersoii making application is in good health, and on payment often dollars to lie en tered in a hook kept for the purpose, the name, age, complexion, with a full description of the aerson, to whom he shall give a duplicate copy of said re ceipt, which shall entitle the |>arty to admission when sick, hut 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 said physician and the payment of such fee as shall from time to time lie determined by the trustees of the hoapital, the party shall he admitted as a patient therein, and shall he allow ed to remain ns long as the party is in valid ; Provided, said fees shall promptly paid ami that no person si all | tie admitted under the provisions of tins section, to the |»|eju.-liee 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 llie state hospital upon such terms and under such rules and regulations as shall lie agreed upon between the collector ami the trustees. Sec. 20. All directors, managers or any other jierson interested with any circus, theatre, or exhibition of any kind, open 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 live dollars, and for every public and subscription ball or concert, ami all lectures and public exhibitions of any kind, the sum often 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 pital. Sec. 211 From and after the passage of this act the comptroller of state is hereby authorized ami required to au dit ami 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 ol all sums of moneys which may lie allowed ami paid into the state 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 required to audit and issue Ids warrants upon the treasurer of state in favor of the president of the Hoard of trustees of the state ho-pita), counter signed by the treasurer thereof, payable out of any money no* otherwise appro priated out of the general fund, the sum of fifteen thousand dollars, payable quarterly during the first y -ar. 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 ami 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 proper. JOHN BIGLER, Speaker of the Assembly. DAVID C. BRODERICK, President of the Senate. Approved April 30, 1351. . ,INO McDOTTGAL. Office of Secretary of State. ) Vallejo, April 30,1851. > I hereby certify that the foregoing is a true copy ot an original Act now on (He in this office. W. VAN VOORHIEB, octlß Secretary of State. An Act prescribing the amount of com peusatioti and mode of payment to persona who have performed military services for the State of California, and expenses incurred therein. The People ot the State, of California , re. presented in Senate and Assembly* do enact as follows : Sec. I. There shall l»e paid to the officers and soldiers who have hereto fore rendered actual military service to the state of 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 numl>er of days of actual service ren dered hy 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 per day; to each corjmral six dollars per day; to each private five dollars per day ; to eacn quartermaster twelve dollars per day ; to each commissary twelve dollars per day; to eachsurgeou twelve dollars per day; toeach adjutant twelve dollars per day. Each officer and private who may have furnished his own horse or horses, shall he allowed one dollar per day for each horse so furnished ; pro vided, the nnmt>er 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 Judye or Justice of the Peace, that such lorsc or horses were actually in use hy lim in the campaign for the time charged, were necessary for the service, aid aie not allowed for nr to lie allowed as the properly of any other individual in service, which affidavit shall lie rtturned by the paymasters as hereiuafte* provided for in the return of vouchers. Sec. 2. The amount of compensation to l»e pail under the provisions of the first secticu of this act, shall he ascer tained fnm the returns of the proper cominaHdiig officer or officers now on file in the adjutant general’s office. Sec. 3. All necessary excuses incur red in arming, equipping, and for pro visions aid clothing furnished to or for the use if persons who have been in actual Military service,shall be paid on the certificate of the proper officer or officers, low on file in the adjutant gen eral’s office. Sec. 4. That William Rogers, of El Dorado county, and William Foster, of Los augeles, are hereby appointed paymasters, to pay and liquidate all claims against this state for actual mili tary services rendered, as hereinafter provided. Sec 5. Said William Rogers shall pay and liquidate all claims lor services rendered and expenses incurred by the troops under command of Major 'Wil liam lingers, in El Dorado, Sutter, and Yuba counties. Sec ti. Said \\ illiam Foster shall pay ami liquidate all claims for services 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 3. Ihe said paymasters may at tend at such times and places to perform the duties assigned them in this act, as the commander-in-chief may direct. Sec 3. 1 lie comptroller ami treasu rer of state are hereby jointly constitu ted an examining board, to whom the accounts and vouchers of the paymas ters shall be returned for examination and approval, on or lie fore the first day ot January, one 'thousand eight hun dred and fifty-two; in default of which settlement, it shall be the duty of the comptroller to proceed against such de l-miter in the manner provided l»y law lor the enforcement of payments due the Stale, and the defaulter shall like 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 State for the sum of one hundred thousand dollars, payable to William Rogers out of the “War Loan Fond,” and a similar warrant to W illiam Foster for one hundred and twenty-five thousand dollars, payable out ot the same fund, to enable them to make the payments specified in this Act. 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 di'charge of any indebtedness to be liquidated under this act. Sec 11. Eti-h ol t!ie paymasters ap pointed by this act shall execute a bond in the penal sum ol such amount as maybe by each received, with sureties to be approved by the governor, comp troller, and treasurer, for the faithful perlormoiice of tiie duties entrusted to them by this act. Sec 12. Said paymasters shall each receive for his services rendered under this act, seven per centum on the amount d shorsed by each in discharge of his duties. Sec 13. That in default of said pay masters accepting their appointments, or in the event of the death or resigna tion uf cither, the vactmey shall be fill ed by appointment by the governor, and the person appointed shall give like bond as required by this acU Sec 14. The comptroller shall file in his office all accounts and vouchers which may have been rendered bv ei ther paymaster, and shall hold such ac counts subject t#the examination of the legislature. Sec 15. in the application and con struction of the payments to be made iis 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 States. JOHN BIGLER, Speaker of the Assembly. DAVID C. BRODERI ;K, President of the Senate. Approved, March 7, 1851. JOHN McDOUGAL. Department of State, > Vallujo, July 11th, 1351. S I, W. Van \om hies, Secretary of state fur the state of California, do here by certify that the loregoing is a cor rect copy ot un original act now on file iu this office. W. \ an Vooriiies, octlS Secretary of State. An Act authorizing the Treasurer ot 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 ami may he in curred, in suppressing Indian hostili ties in this Stale, in the absence of adequate provision being made by the General Government. The people of the Stele of Calif rnta re presented in Senate and Assembly do enact as follows ; Section 1. By virtue of the power given to the legislature by the consti union 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 negociated up on the faith and credit of the state, 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, however, that the interest of the first year may be paid in advance out of the loan thus made. Sec 2. That the treasurer he, and be is hereby authorized and required to cause suitable bonds to lie provided for said loan, in sums nut less than one thousand dollars. Sec 3. All such bonds shall lie signed by the treasurer, in his official charac ter, made payable to and endorsed by i tl,e governor in his official character, I vvh '> shall affix the seal of the State I thereto, and countersigned by the - comptroller, which l>ond executed as aforesaid shall he transferable on deli very, and hind the Stale for the faith | ltd payment thereof. Sec 4. After the bonds aforesaid shall have been countersigned hy the comptroller, it shall be his duly to make a register of the same in a hook to be kept for that purpose, with tho number and amount thereof, and deli ver them to the treasurer, charging him with the same. Ihe treasurer shall also keep a register of such bonds | as may he negociated. Sec 5. Coupons for the interest shall he attached to each bond so that they may be removed without injury or mu | tilation to the bond. Sec 6. The treasurer shall be, and he is hereby authorized with the appro val of the governor of the state, to ne gotiate 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 slate 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. 'L'he treasurer is hereby au thorized to defray such expenses as may be incurred incurred in obtaining the above loan. Provided, That it docs 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 tiated in ibis state. JOHN BIGLER, Speaker of the Assembly. DAVID C. BRODERICK, President of the Senate. Approved, February 18, 1851. JOHN McDOUGAL. Office of the Secretary of State. ) Vallejo, June 12, 1851. £ 1 hereby certify that the foregoing is a true copy of an original actaiow on file in this office. * W. Van Voorhies, oct 13 Secretary of State. An Act to prohibit Officers from being interested in certain contracts. The People of the State of California, re presented in Senate and Assembly, do enact as follows : Section 1. That it shall not be lawful for any officer of state or memlter 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 brunch thereof, or by or for the aldermen or common council, board of trustees, or board of countv super visors, of which he Is a member, or to be in any manner Interested, directly or indirectly, as principal in any such contract. 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 «nch officer or legislature of which he is a member ; or be a purchaser or be inter ested in any purchase at any sale made by such officer, or a seller at any pur chase made by such officer in the dis charge of his official duties. Sec 3, That all contracts made in violation of the provisions of tlie first and second sections of this net, 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 being interested in such contract. Sec 4. Any person violating the pro visions of this act, directly or indirectly, shall forfeit his office, and shall lie 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 net more than »■< months, ot both JOHN biuij£K. Speaker of A»- r .«ii«» U. C. Piosident of tl.* Senu* .npjnyvtw iday I, 1351. JOHN Mcl)uUGa*T - leqael Office of Sectary ot State, n ’ a Vallejo, June 28, 1851. J "V" I hereby certify that the foregoing a true copy of an original act now on file in this office. W. VAN VOORtilKl*, octlS Secretary of Slate. A wag says, in journeying recently, he was put into an omnibus with half a dozen persons, of whom he did not know a single one. Turning a corner shortly after, however, the omnibus was upset, “ when,” said he, “ I found them all out.” Dr. South says, “ many a man runs his head against a pulpit, who might have d»x»e his country excellent service at the plough.”