7. To report to the governor a statement of the receipts and expenditures, the condition of the asylum, the number of patients under treatment, and of such other matters touching the duties of the board as is advisable. [Amendment, approved March 13, 1883; Statutes and Amendments 1883, 288.] 2138. Moneys for support of asylum, how drawn. SEC. 2138. If the board approve the estimates made under the provisions of section twenty-one hundred and fifty-three, it must notify the controller of state, who must draw his warrant for the amount estimated, in three equal sums, out of any moneys in the state treasury appropriated for the use of the asylum. 2139. Board must contract for supplies. SEC. 2139. Upon the receipt of each report provided for in subdivision five of section twenty-one hundred and fifty-two, the board of directors must advertise for contracts for furnishing the supplies therein specified, for three successive weeks, in one newspaper in each of the cities of Stockton, Sacramento, and San Francisco. The contract must be awarded to the lowest bidder, upon his giving satisfactory security for the faithful performance of the same. 2140. Compensation of directors. SEC. 2140. The directors shall not be directly or indirectly interested in any contract or contracts for supplies furnished said asylum, but shall receive, as their compensation, the sum of ten dollars per day for their services in attending monthly or called meetings of said board, and such mileage as is provided by law for members of the legislature of this state, payable out of any moneys set apart by law for the use and benefit of said asylum, as other bills and accounts against the asylum are paid; provided, the amount so received as per diem compensation for services shall not exceed the sum of one hundred and forty dollars per year to each director. [Amendment, approved April 1, 1878; Amendments 1877-8, 45; took effect from passage.] The limit fixed in the original section was one hundred and thirty dollars. 2150. Qualifications of. ARTICLE II. MEDICAL SUPERINTENDENT. SEC. 2150. The medical superintendent must be a graduate in medicine, and must have practiced his profession five years after the date of his diploma. 2151. Term of office. SEO. 2151. His term of office is four years from and after his election. 2152. General powers and duties. SEC. 2152. He is the chief executive officer of the asylum, with powers duties as follows: and 1. To control the patients, prescribe the treatment, and prescribe and enforce the sanitary regulations of the asylum; 2. With the consent of the board of directors, to fix the number and compensation of, and appoint, control, and remove, the attendants and assistants; 3. To prescribe and enforce the performance of the duties of the attendants and assistants; 4. To prescribe and enforce the performance of the duties of the assistant physicians; 5. To ascertain and report to the board of directors the amount, character, and quality of provisions, fuel, and clothing required for the six months ending on the first of May and November in each year; 6. With the consent of the board of directors, to make any expenditure necessary in the performance of his duties, except for provisions, fuel, and clothing; 7. To receive and pay to the treasurer all moneys found upon insane persons; 8. To keep a daily record of his official acts in the mode prescribed by the by-laws; 9. To make up his annual accounts to the first of July in each year, and as soon thereafter as possible to report a statement thereof, and of the general condition of the asylum, to the board of directors. 2153. Must estimate expenses and report to directors. SEC. 2153. He must estimate, quarterly, in advance, the probable expenses of the asylum, and submit such estimate to the directors, at their stated meetings, for their consideration and approval. 2154. Salary. SEC. 2154. The annual salary of the medical superintendent is thirty-five hundred dollars. 2155. Bond. SEC. 2155. He must execute an official bond in the sum of twenty thousand dollars. Official bonds: See ante, secs. 947 et seq. An Act in relation to the superintendent of the state insane asylum. This act, providing for the attendance of the superintendent of the Napa asylum at the said meetings, was repealed by the act of March 30, 1878, given below: An Act in relation to the state insane asylum. [Approved March 30, 1878; 1877-8, 767.] Superintendent or assistant to attend meetings of superintendents of American institutions for the insane. SECTION 1. The superintendent of the state insane asylum, at Stockton, or one of his assistants, may attend the annual meetings of the superintendents of the American institutions for the insane, and the expenses, not to exceed four hundred dollars per annum, must be audited and allowed by the board of examiners, and paid out of the state treasury. The resident physician of the Napa state asylum for the insane, or one of his assistants, may also attend such annual meetings, and the expenses, not to exceed four hundred dollars per annum, shall also be audited by the board of examiners, and paid out of the state treasury; provided, that the medical superintendent, or one of his assistants, of the Stockton asylum, may attend said meeting in the year eighteen hundred and seventy-eight, and the resident physician, or one of his assistants, of the Napa asylum, may attend said meeting in the year eighteen hundred and seventy-nine, and thereafter the said physicians shall attend said meeting alternately. Repeal. SEC. 2. An act entitled an act in relation to the superintendent of the state insane asylum, approved April first, eighteen hundred and seventy-two, is hereby repealed. SEC. 3. This act shall take effect immediately. ARTICLE III. 2165. Qualifications. ASSISTANT PHYSICIANS. SEO. 2165. The assistant physicians must be graduates in medicine. 2166. Term of office. SEO. 2166. Their term of office is four years from and after their appointment. 2167. General duties. SEC. 2167. They must perform the duties and exercise the powers prescribed by the medical superintendent or the by-laws. 2168. Senior assistant, when to act as medical superintendent. SEC. 2168. During the absence or disability of the medical superintendent the assistant longest in commission must perform his duties and exercise his powers. 2169. Salaries. SEC. 2169. The annual salary of each assistant physician is twenty-five hundred dollars. SEC. 2179. No member of the board of directors is eligible to the office of treasurer. 2180. Tenure of office. SEC. 2180. The treasurer holds his office at the pleasure of the board of directors. 2181. General duties of. SEC. 2181. It is the duty of the treasurer: 1. To act as secretary of the board of directors; 2. To keep the accounts of the board and of the receipts and expenditures; 3. To report on the first Monday in each month to the state board of examiners a statement under oath of the expenses of the preceding month; 4. To perform such other duties as may be required of him by the by-laws or board of directors. 2182. Salary. SEC. 2182. 2183. Bond. The annual salary of the treasurer is six hundred dollars. SEC. 2183. He must execute an official bond in the sum of twenty thousand dollars. Official bonds: See ante, secs. 947 et. seq. ARTICLE V. GENERAL PROVISIONS. 2193. Salaries, when and out of what fund payable. SEO. 2193. The salaries and compensation fixed by the provisions of this chapter must be paid monthly out of the moneys appropriated for the support of the asylum. 2194. Approval and filing of official bonds. SEC. 2194. The official bonds required by the provisions of this chapter must be approved by the board of directors, and filed and recorded in the office of the secretary of state. 2195. Restrictions upon residence of physicians. SEO. 2195. The medical superintendent and each assistant physiciam must reside on the asylum grounds. 2196. Restrictions upon business of physicians. engage SEC. 2196. The officers mentioned in the preceding section must not in the private practice of medicine, but must devote their whole time to the per formance of their duties, unless granted leave of absence by the board of directors. 2197. Discharge of patients on recovery. SEC. 2197. Insane persons received in the asylum must upon recovery be discharged therefrom. 2198. Insane convicts, reception and return of. SEC. 2198. Insane convicts must be received into the insane asylum, and returned to the state prison again, as provided in section twelve hundred and thirty of the Penal Code. 2199. Restrictions upon admission of non-residents. SEC. 2199. No insane person, non-resident of this state, must be received into the asylum unless he became insane within this state. 2200. Disposition of moneys unexpended at discharge or death of patient. SEC. 2200. If at the time of the discharge of a person from the asylum, or after the death and burial of any person therein confined, there remains in the custody of the directors or treasurer any moneys paid for the support or maintenance of such person, it must, upon demand, be repaid. ARTICLE VI. EXAMINATION AND COMMITTAL OF INSANE PERSONS. 2210. Examination, before whom. SEC. 2210. Whenever it appears by affidavit to the satisfaction of a magistrate of the county that any person within the county is so far disordered in his mind as to endanger 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. 2211. Two witnesses. SEC. 2211. When the person is taken before the judge he must issue subpœnas to two or more witnesses, best acquainted with such insane person, to appear and testify before him at such examination. 2212. Two physicians. SEO. 2212. The judge must also issue subpoenas for at least two graduates of medicine to appear and attend such examination. 2213. Witnesses, duty of. SEC. 2213. At the examination the person subpoenaed must appear and answer all questions pertinent to the matter under investigation. 2214. Physicians, duty of. SEC. 2214. The physicians must hear such testimony, and must make a personal examination of the alleged insane person. 2215. Certificate of physicians. SEC. 2215. The physicians, after hearing the testimony and making the examination, must, if they believe such person to be dangerously insane, make a certificate, under 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, and the length of his residence in this state. 2216. To be made on forms, etc. SEC. 2216. The certificate must be made in the form prescribed by, and, if they can be had, upon blanks furnished by, the medical superintendent of the asylum. 2217. Duty of judge and clerk on commitment of insane. SEC. 2217. The judge, after such examination and certificate made, if he believes the person so far disordered in his mind as to endanger health, person, or property, must make an order that he be confined in the insane asylum. A copy of such order shall be filed with and recorded by the county clerk of the county. The clerk shall also keep in convenient form an indexbook, showing the name, age, and sex of each person so ordered to be confined in the insane asylum, with the date of the order, and the name of the insane asylum in which the person is ordered to be confined. No fees shall be charged by the clerk for performing any of the duties provided for by this section. [Amendment, approved February 18, 1881; Statutes and Amendments 1881, 7; took effect immediately.] An Act entitled an act to provide for the future management of the state asylums for the insane. [Approved March 9, 1885.] Insane able to pay for support. 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 per sonal 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 the 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 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 resi dent 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 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 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, received 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, 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 protec tion 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 |