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To act as
Chief of

Staff.

Staff of.

Transportation of

arms.

Salary of
Armorer.

Salary of
Adjutant
General.

Salary of
Assistant

Adjutant

General.

Salaries, when and

2109. He is ex officio Chief of Staff, Quartermaster General, Commissary General, Inspector General, and Chief of Ordnance.

2110. His Staff consists of one Assistant Adjutant General, with the rank of Major, one Aid-de-Camp, with the rank of Captain, and one Orderly, with the rank of Sergeant Major, appointed by him and holding office at his pleasure.

2111. The transportation of arms, equipments, and military stores issued to troops or received by the State, and all other military transportation, must be contracted for by the Adjutant General, under the direction of the Commander in Chief, and vouchers for such transportation, when audited by the State Board of Military Auditors, must be paid from the Military Fund, on the warrant of the Controller.

2112. The annual salary of the Armorer is eighteen hundred dollars.

2113. The annual salary of the Adjutant General is three thousand dollars.

2114. The annual salary of the Assistant Adjutant General is two thousand dollars.

2115. The salaries provided for in this Chapter out of what are payable monthly out of the General Fund in the

Fund

payable.

Official bond.

Title in

force, etc.

State Treasury.

2116. The Adjutant General must execute an official bond in the sum of twenty-five thousand dollars. NOTE.-See Secs. 947-985, inclusive, ante.

2117. The provisions of this Title shall be in force and effect from and after the first day of May, eighteen hundred and seventy-two, and the Chairman of the Revision Commission is hereby directed to have prepared and printed in pamphlet form, for the use of the

Adjutant General, twelve hundred copies of the provisions of the Codes relating to the militia, the cost of making the copy for the printer to be audited and allowed by the Board of Examiners, and paid out of the Military Fund in the State Treasury.

NOTE. This section was added by Act of April 1, 1872; cited in note to Sec. 18, ante. The following sections of the Penal Code Cal. are applicable to this Title. Some of them are referred to ante: Sec. 176, omission of duty by public officer; id. 442, retaining arms or equipments; id. 443, disposing of same; id. 652, failing to attend drills, etc.; id. 653, disobedience to orders, etc.; id. 723, power of Sheriff or other officer in overcoming resistance to process; id. 724, the officer to certify to Court the name of resisters, etc.; id. 725, when Governor to order out a military force to aid in executing process; id. 726, magistrates and officers to command rioters to disperse; id. 727, to arrest rioters if they do not disperse; id. 728, officers who may order out the military; id. 729, commanding officer and troops to obey the order; id. 730, armed force, to obey orders of whom; id. 731, conduct of the troops; id. 732, Governor may in certain cases declare a county in a state of insurrection; id. 733, may revoke the proclamation. This Title is founded on Stats. 1862, p. 362; 1863, p. 441; 1868, p. 665.

CHAPTER

TITLE V.

PUBLIC INSTITUTIONS.

I. Insane Asylum.

II. Deaf, Dumb, and Blind Asylum.

III. State Library.

IV. Supreme Court Library.

V. Other Public Institutions.

NOTE.-The Home of the Inebriate, located at San Francisco, is, properly speaking, a local institution receiving aid from the State, and is left to be conducted under existing statutes.

49-VOL. I.

CHAPTER I.

INSANE ASYLUMS.

ARTICLE I. BOARD OF DIRECTORS.
II. MEDICAL SUPERINTENDENT.

III. ASSISTANT PHYSICIANS.

IV. TREASurer.

V. GENERAL PROVISIONS.

VI. EXAMINATION AND COMMITTAL OF INSANE PERSONS

Under

control of Board of Directors.

Powers and duties of Board.

ARTICLE I.

THE BOARD OF DIRECTORS OF THE INSANE ASYLUM.

SECTION 2136. Under control of Board of Directors.

2137. Powers and duties of Board.

2138. Moneys for support of Asylum, how drawn.
2139. Board must contract for supplies.

2140. Compensation of Directors.

2136. The Insane Asylum, located at Stockton, is under the management and control of a Board of Directors, consisting of five persons, appointed and holding their offices as provided in Title I, Part III of this Code.

NOTE.-See Sec. 368, Subd. 2, ante. See, also, Note at the end of this Chapter for the "Napa" Asylum. 2137. The powers and duties of the Board of Direc tors of the Insane Asylum are as follows:

1. To make by-laws, not inconsistent with the laws of this State, for their own government and the gov ernment of the Asylum;

2. To hold stated meetings at the Asylum for the transaction of business on the first Monday in each month;

3. To keep a record of their proceedings, open at all times to the inspection of any citizen;

4. To elect a Medical Superintendent, two Assistant Physicians, and a Treasurer;

5. To provide on the Asylum grounds suitable apart

ments, furniture, provisions, and lights for the medical Same. Superintendent, assistant physicians, and their families;

6. To make diligent inquiry into the departments of labor and expense, the condition of the Asylum and its property;

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.

2138. If the Board approve the estimates made under the provisions of Section 2153, 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.

Moneys for
Asylum,

support of

how drawn.

contract for

2139. Upon the receipt of each report provided Board must for in Subdivision 5 of Section 2152, the Board of supplies. 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.

tion of

2140. The compensation of the Directors is ten Compensadollars each for every day spent in attending or travel- Directors. ing to the meetings of the Board; not, however, to exceed one hundred and thirty dollars annually to each member.

ARTICLE II.

MEDICAL SUPERINTENDENT.

SECTION 2150. Qualifications of.

2151. Term of office.

2152. General powers and duties.

Qualifications of.

Term of office.

General powers

SECTION 2153. Must estimate expenses and report to Directors.
2154. Salary.

2155. Bond.

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. His term of office is four years from and after his election.

2152. He is the chief executive officer of the and duties. Asylum, with powers and duties as follows:

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.

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