They shall of any citizen desiring to examine the same. 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. Ibid § 8. Trustees to appoint resi dent and ascians. Sala sistant physi ries and of physicians. 42. 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 qualification 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. Ibid § 9. Trustees to elect treasurer. 43. 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 expenses 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. mileage Ibid § 11. Resident physician to be executive officer. Powers. 44. Each trustee shall receive as his compensation ten dolIbid § 10. lars for each meeting of the board at which he shall Compensation be present, payable out of any moneys appropriated of trustees. to the use of the asylum; provided, that the sum paid to the said trustees 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. 45. 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, have permanently recovered their reason. He shall maintain discipline among the subordinate officers and employes, and enforce obedience to the laws, rules, and regulations adopted for the government of the institution, and is empowered to discharge any employe 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 Warrants. 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 trus tees. 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 con- Contracts. tracts 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 same. Necessary expenditures, Expenses. 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. Ibid § 12. report of 46. 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, M and shall, at the end of each month, submit the physician. 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, employes, or patients. A monthly report of the same tenor shall also be made to the trustees. 47. At the end of each month the resident physician shall cause a pay-roll to be made, which shall show the Ibid § 13. name of each person employed in or about the asy- Pay-roll. lum, 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. Ibid § 14. Bills, how 48. 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 presenta- audited and tion, and shall be by them audited and approved paid. before they are paid; and no money shall be paid out by the treasurer, except as provided in the last section, unless ordered by the board, and the order entered upon their minutes. Ibid § 15. to report. 49. 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. 50. 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. lbid § 16. Trustees to examine accounts. Act of Jan. 15, 1874. § 1. be sold within one mile of 51. It shall not be lawful for any person to keep any saloon or bar, or to sell or offer for sale any spirituous or No liquor to malt liquors, within one mile of the asylum building, now in course of construction upon the property Napa asylum. 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 (superseded by act of April 3, 1876, § 13,172 infra). Every person who *** within one mile of the insane as amended April asylum at Napa, * sells, gives away, or exposes for sale, any vinous or alcoholic liquor, is guilty of a misdemeanor. § 13,172. 3, 1876. Selling liquor within a mile of Napa asylum. Act '76, p. 133, 22. against direc ployes. * * 52. An act entitled "An act to provide for the accommodation for the insane of the state of California, and to. Proceedings provide a special fund therefor," approved March tors and em- 27th, 1872, is hereby continued in force so far as the same gives or creates a right on the part of the people of this state to proceed against the directors and employes 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 24th, 1874*, entitled "An act to provide for the construction of the Napa state asylum for the insane, and for other purposes," or any part thereof. 53. No insane person, non-resident of this state, must be received into the asylum unless he became insane within this state. $2199. Admis sion of nonresidents. Examination 54. Whenever it appears by affidavit to the satisfaction of a magistrate of the county, that any person within $2210. the county is so far disordered in his mind as to en- for admission. danger health, person or property, he must issue and deliver to some peace officer for service a warrant, directing that such person be arrested and taken before any judge of a court of record within the county for examination. 55. When the person is taken before the judge he must issue subpoenas to two or more witnesses, best acquainted $2211. with such insane person, to appear and testify before witnesses. him at such examination. Number of Physicians to attend. 56. The judge must also issue subpoenas for at least two graduates of medicine to appear and attend such $2212. examination. 57. At the examination the persons subpoenaed must appear and answer all questions pertinent to the matter under investigation. 58. The physicians must hear such testimony, make a personal examination of the alleged insane person. $2213. Duty of wit nesses. and must $2214. Duty of physicians. Certificate of 59. The physicians, after hearing the testimony and making the examination, must, if they believe such person $2215 to be dangerously insane, make a certificate, under physicians. their hand, showing as near as possible: (1) That such person is so far disordered in his mind as to endanger health, person, or property. (2) The premonitory symptoms, apparent cause or class of insanity, the duration and condition of the disease. (3) The nativity, age, residence, occupation, and previous habits of the person. (4) The place from whence the person came, the length of his residence in this state. *This was merely an appropriation of $600,000 required to complete the asylum. |