CHAPTER XXVII. An Act concerning municipal corporations. [Approved March 9, 1885.] The People of the State of California, represented in Senate and are such from certificate SECTION 1. All municipal corporations, whose incorpora- Municipal tion has been or may hereafter be authenticated by an order corporations of any Board of Supervisors in this State, declaring the same date of filing incorporated as a municipal corporation, and a certified copy with Secre of which order has been or may hereafter be filed by such tary of State. Board of Supervisors in the office of the Secretary of State, and which have heretofore been or may hereafter be organized under a certificate from the Secretary of State, showing such order to have been filed in his office, and which thereafter have acted, or hereafter may act, in the form and manner of a municipal corporation, under the provisions of an Act entitled "An Act to provide for the organization, incorporation, and government of municipal corporations,' approved March thirteenth, eighteen hundred and eightythree, are hereby declared to be and to have been municipal corporations from the date of filing the certified copy of said order of the Board of Supervisors with the Secretary of State; and all the acts of said municipal corporations heretofore exercised, or which may be hereafter exercised, according to the Act aforesaid, are hereby validated and declared to be legal. SEC. 2. This Act shall take effect immediately. CHAPTER XXVIII. An Act to authorize the Board of Fish Commissioners of this State to build and maintain a salmon hatchery, and providing ways and means therefor. [Approved March 9, 1885.] The People of the State of California, represented in Senate and SECTION 1. The Board of Fish Commissioners of this State Hatchery. are hereby authorized and empowered to erect, construct, and maintain, upon the headwaters of the Sacramento River, at a point to be determined upon by said Board, a suitable hatchery for the propagation of salmon. allowed by SEC. 2. All claims of persons for labor done and for mate- Claims rials furnished to said Board, in pursuance of the authority Board of herein obligated, shall first be presented to said Board, and Examiners. shall be by them forwarded to the State Board of Examiners, Appropria tion. and, after allowance by them, shall be paid out of the funds hereinafter provided. SEC. 3. The sum of ten thousand dollars is hereby appropriated out of the General Fund not otherwise appropriated, and shall be used in payment of said claims. SEC. 4. This Act shall take effect on and after its passage. Salary of Superintendent of State Printing. Appropria tion. Judge to ascertain ability of insane per sons to pay Guardian. CHAPTER XXIX. An Act to amend section five hundred and thirty-four of the [Approved March 9, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section five hundred and thirty-four of the Political Code, which fixes the salary of the Superintendent of State Printing at twenty-four hundred dollars per annum, is amended to read as follows: 534. The Superintendent of State Printing shall receive a salary of three thousand dollars per annum, payable monthly, out of any money in the General Fund not otherwise appropriated, and the sum of twelve hundred dollars. is hereby appropriated out of the General Fund, to supply the deficiency in the appropriation provided for in the General Appropriation Bill, for the salary of the Superintendent of State Printing, for the thirty-seventh and thirty-eighth fiscal years. CHAPTER XXX. An Act entitled an Act to provide for the future management of the State Asylums for the Insane. [Approved March 9, 1885.] The People of the State of California, represented in Senate and SECTION 1. The Judge of the Superior Court of any county in this State 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 sue on bond. are applicable; and when there is not sufficient money in Property to the hands of the guardian, the Judge may order a sale of be sold. the property of such insane person, or so much thereof as may be necessary, and from the proceeds of such sale the guardian shall pay 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 Bond of sureties, payable to the Board of Trustees, and approved by guardian. 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 per- Kindred to sons have kindred of degree of husband or wife, father, support. 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 At- District torney of the county in which the action shall be brought, Attorney to 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 guardians, or on deposit with the Board of Trustees or their Treasurer, shall be refunded to the person or persons thereto entitled, on demand. Any Money on, moneys found on the person of any insane person at the belonging to 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, re- Fund. ceived by the Board of Trustees, other than that appropriated 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, Trustees to and itemized account of all such receipts and expenditures report. insane. may remove insane. Kindred 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. 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. Court may commit to House of CHAPTER XXXI. An Act to provide for the commitment of persons convicted of crime to the House of Correction. [Approved March 9, 1885.] The People of the State of California, represented in Senate and SECTION 1. Any Court or judicial officer authorized by law to commit persons to the county jail in any county, or city Correction. and county, of this State, wherein there is situated a House of Correction, may commit to said House of Correction, instead of to the county jail, any person convicted of crime, the punishment for which now is imprisonment in the said jail; but no person shall be sentenced to imprisonment therein for a shorter or longer term than that for which he might be sentenced in the county jail. SEC. 2. This Act shall take effect immediately. CHAPTER XXXII. An Act to prevent the overcrowding of Asylums for the Insane. [Approved March 9, 1885.]. The People of the State of California, represented in Senate and charged from SECTION 1. No case of idiocy, imbecility, harmless, chronic, certain cases mental unsoundness, or acute mania-a-potu, heretofore or to be dis hereafter committed to either of the State Asylums for the Asylums for Insane, whenever, in the opinion of the Resident Physician Insane. of any State Asylum for the Insane at Napa, after a careful examination of the case of any person committed to the asylum of which he is the chief executive officer, it shall satisfactorily appear that such person has been improperly committed, and comes under the rule of exemptions provided for in this Act, he shall have the authority, and it shall be his duty, to discharge such person so improperly committed, and return him or her to the county from which committed at the expense of such county; and no person having been so discharged shall be again committed to either of the said asylums, unless permission for such commitment be first obtained from the Resident Physician or Medical Superintendent thereof; and in case a person so discharged shall be again committed without such permission, the Resident Physician or Medical Superintendent shall refuse to receive such person, and shall not permit such person to be received into the asylum under such commitment. 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 from and after its passage. CHAPTER XXXIII. An Act to provide an additional Asylum for the Insane of the [Approved March 9, 1885.] The People of the State of California, represented in Senate and SECTION 1. There shall be established, upon a site to be Hospital for selected as hereinafter provided, a State Hospital for the chronic treatment of the chronic insane, to be designated by the name of the California Hospital for the Chronic Insane. insane. ers. SEC. 2. The Governor is hereby authorized and directed Commissionto appoint not less than three Commissioners, whose duty it shall be to select a site for the said hospital. |