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money received

for his hire.

Application of and governed by the provisions of this act, regulating guardians and minors, during the time which he has been so hired. The money received for his hire shall, after deducting the costs, and the necessary expense for clothing for said Indian, which may have been purchased by his employer, be, if he be without a family, paid into the county treasury, to the credit of the Indian fund. But if he have a family, the same shall be appropriated for their use and benefit; provided, that any such vagrant, when arrested, and before judgment, may relieve himself by giving to such justice, mayor, or recorder, a bond, with good security, conditioned that he will, for the next twelve months, conduct himself with good behavior, and betake to some honest employment for support.

Proviso.

Selling or giving fire-arms or

Indians.

An Act to prevent the sale of fire-arms and ammunition to Indians in this State.
Passed March 24, 1854, 15.

3669. SECTION 1. Any person or persons who shall sell or give, or in any way disammunition to pose of, to any Indian or Indians of either sex, in this State, any fire-arms or ammunition of any description, shall be deemed guilty of a misdemeanor; and upon conviction thereof, in any court of competent jurisdiction in this State, shall be fined in a sum not less than twenty-five dollars, nor more than five hundred dollars, or sentenced to the county jail not less than one month, nor more than six months, or both such fine and imprisonment, in the discretion of the court.

Disposition of fines.

Interfering with superintendent of Indian affairs,

etc.

Punishment.

3670. SEC. 2. Of all fines so collected, one-fourth shall be paid to the person informing, one-fourth shall be paid into the county treasury, for road purposes, and onehalf shall be paid into the State treasury, for common school purposes.

SEC. 3. This act to take effect from and after thirty days after its passage.

An Act to aid the officers of the Indian department, appointed by the general government for the State of California, in the discharge of their duties.

Approved April 21, 1856, 223.

3671. SECTION 1. It shall be unlawful for any person or persons to wilfully and maliciously interfere with, or in any way interrupt the superintendent of Indian affairs, or any one of the Indian agents of the general government, or their employees, connected with the Indian department in this State, in the discharge of their duties in said department, either by seeking to lessen their influence with the Indians, or by seeking to hinder or frighten the Indians from going to the reservations, or such other place as may be designated by the superintendent, or by enticing them away from the reservations, or such other place as aforesaid, or by harboring them, or by interfering with them in any other malicious way whatever. [Amendment, approved April 9, 1857, 186.

3672. SEO. 2. Any person or persons violating any of the provisions of the first section of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [Amendment, approved April 9, 1857, 186.

[By concurrent resolution, passed April 19, 1858, 358, the superintendent of Indian affairs for the State of California was requested, on request of the board of supervisors of any county, to remove from the limits of such county the Indians remaining therein to some suitable reservation.]

[By concurrent resolution, passed April 16, 1860, 423, a request was directed to be urged upon the general government to appropriate Round Valley, in Mendocino County, as an Indian reservation, and to cede to the State of California entire jurisdiction over Indians and Indian affairs within our borders.]

[By concurrent resolution, passed March 28, 1862, 604, the policy of the general government in regard to Indians in California was pronounced inadvantageous, and a change recommended and urged, by which Indians might be removed to distant reservations, protected from molestation, and not suffered to return to their old haunts.]

[By concurrent resolution, adopted April 20, 1863, 797, the general government was again and still more urgently requested to remedy existing evils in regard to the Indians in this State.]

532

Indigent Sick.

3673. [The earliest legislation on the subject of the indigent sick was a part and portion of the laws in regard to hospitals. The first statute exclusively devoted to the subject wasAn Act for relief of the indigent sick, approved April 16, 1852, 137. It applied $2,000 annually out of the State treasury for the relief of the indigent arriving at the port of San Diego. It was repealed by

An Act to provide for the establishment of a State marine hospital at San Francisco, and to provide for the indigent sick in this State, approved May 19, 1852, 281, which was repealed by act approved March 16, 1855, 47.]

[An Act to authorize the court of sessions of the County of Sacramento to levy and collect a special tax for the support and maintenance of the indigent sick of said county, passed February 16, 1854, 38, and

An Act to authorize the court of sessions of the County of San Joaquin to levy and collect a special tax for the support and maintenance of the indigent sick of said county, passed May 3, 1854, 152.

The above acts, which provided for the levy and collection of an annual tax not to exceed one-fourth of one per cent. on the valuation of all real and personal property in said counties, have been superseded by the following general act.]

An Act to provide for the indigent sick in the counties(") of this State.

[See INFIRMARIES.]

Approved April 11, 1855, 67.

See 8765.

3674. SECTION 1. All moneys received in commutation of bonds under the provi- Commutationsions of "An Act concerning passengers arriving in the ports of the State of Califor- money nia," shall be used for no purpose other than for the protection and support of the indigent sick, and shall constitute and be known as the "Hospital Fund of the State of California.

3675. SEC. 2. The hospital fund, together with all moneys collected for the benefit Hospital fund. of said fund, shall be set apart by the State treasurer for the purpose expressed and directed in the first section of this act; and after the first day of April, 1855, shall be divided and apportioned among the counties of this State in proportion to the population as ascertained by the census of 1855; provided, that until the official return of Proviso. the next census shall be made, the pro rata distribution shall be made upon the highest aggregate vote of the different counties as returned to the secretary of State's office

at the last election; and said funds shall be paid over by the treasurer of the State on How paid. the warrants of the State controller, who shall issue such warrants upon receiving the order of the board of supervisors to the county treasurer of each county. The board How used. of supervisors of each county shall use the same for the support and care of the indigent sick in their counties, and for no other purpose, and shall render a semi-annual account of the use made thereof to the controller of State, to be presented by him in a condensed form in his annual report. The amounts appropriated after the first apportionment, shall be due to the counties on the first Mondays of March, June, September and December of each year.

3676. SEC. 3. The board of supervisors shall employ such medical aid for the proper Medical aid. treatment and care of the indigent sick, as may in their judgment be required, and Compensation. shall fix the compensation of the same.()

3677. SEC. 4. Every physician employed by the board of supervisors, shall be a Physician to be graduate from some legally incorporated college of medicine. a graduate.

3678. SEC. 5. Any physician being employed by the board aforesaid to attend to Physician discharged. the indigent sick of the county in which he resides, and failing to perform any of the duties assigned him by the board aforesaid, or wilfully neglecting the same, shall be forthwith discharged; provided, the charge or charges be sustained by competent tes- Proviso. timony before the said board of supervisors.

sick.

3679. SEC. 6. It shall be the duty of the board of supervisors to take cognizance of Care of indigent all indigent sick persons, for whose benefit the funds provided in this act have been set apart, and to make all contracts they may deem necessary to provide for the same, and all applications for the benefits of this act shall be made to the board of supervisors or physician by them appointed.(*)

3680. SEC. 7. When necessary, it shall be the duty of the board of supervisors to Building. provide a suitable building or buildings for the separate accommodation of persons laboring under contagious diseases.

(") See, further along, separate special acts for Shasta, Yuba, Butte, Tuolumne, Placer, Trinity, Calaveras, Nevada, Siskiyou, San Francisco, Sacramento, Tehama, San Bernardino, and Sonoma Counties.

() Secs. 8 and 6 were expressly repealed, so far as they applied to Tehama County, by act of April 10, 1862, 233, which act was afterwards repealed by act of April 25, 1863, 481.

Tax.

Orders on the hospital fund.

Officers not to be interested in contracts.

Cities may contract.

Powers of board

of supervisors to receive donations, etc.

3681. SEC. 8. In addition to the taxes to be assessed under the provisions of law now existing, or which may hereafter exist, the board of supervisors of each county shall annually assess such taxes, not exceeding one-fourth of one per cent. on all real and personal property in their respective counties, as may by them be deemed necessary and sufficient for the care and protection of the resident indigent sick, which tax shall be collected in the same manner, at the same time, and by the same officers, who are or may be appointed to collect county and State revenue; and the said taxes, when collected, shall be paid into the county treasury, and the treasurer shall receipt therefor; and the money thus collected shall constitute and be known as the special hospital fund of the county, and be used for the care and protection of the indigent sick, and shall be appropriated for no other object.

3682. SEC. 9. No money set apart under the provisions of this act, for the benefit of the indigent sick, shall be drawn from the hands of the officer or officers having charge of the same according to law, except upon the presentation of the order of the board of supervisors drawn on the hospital fund.

3683. SEC. 10. No person having charge, care, keeping or disbursing of the fund provided for in this act, or any part thereof, shall have any interest, directly or indirectly, in any undertaking or contracts made or entered into for the purpose of carrying out the object and intention of this act.

3684. SEC. 11. The corporate authorities of any city or town in this State may, and are hereby authorized to, contract with the board of supervisors of their respective counties, for the care and protection of their indigent sick, by paying such sums of money as the said board of supervisors may deem proper.

3685. SEC. 12. The board of supervisors shall have power to receive, dispose of and convey, all real and personal property, conveyed to them by gift, devise, or otherwise, for the use of the indigent sick; and said board shall prosecute and defend any action at law, where the interests of the county hospital fund requires it.

[The foregoing act was, to some extent, amended by act authorizing the establishment of county infirmaries, approved April 18, 1860, 213. See INFIRMARIES, post, 3758.]

Tax.

Additional tax.

How collected and applied.

INDIGENT SICK OF SHASTA COUNTY.

An Act to provide for the better maintenance of the indigent sick of Shasta, Siskiyou(*) and Placer() Counties.

Approved May 28, 1856, 60.

3686. SECTION 1. That the board of supervisors in and for the Counties of Shasta, Siskiyou(") and Placer,(") are hereby empowered to levy annually, and cause to be collected in said counties, such special per capita tax as they may deem necessary, not to exceed the sum of two dollars for each taxable inhabitant thereof, to be appropriated to the maintenance of the indigent sick of said counties.

3687. SEC. 2. The board of supervisors of said counties are also empowered to levy and cause to be collected annually, in addition to the amount allowed to be collected by the provision of the eighth section of an act entitled "An Act to provide for the indigent sick in the counties of this State," approved April the eleventh, one thousand eight hundred and fifty-five, such taxes, not exceeding one-fourth of one per cent. on the value of all taxable property of said counties, as may by them be deemed necessary and sufficient for the support of the resident indigent sick of said counties.

3688. SEC. 3. The taxes specified by this act shall be collected in the same manner and at the same time as other taxes, and by the same officers who are or may be appointed to collect county revenue. And the said taxes, when collected, shall be paid into the county treasury, and the treasurer shall receipt therefor; and the money thus collected shall constitute and be known as a part of the special hospital fund of the Counties of Shasta, Siskiyou and Placer, and shall be used for the care and protection of the indigent sick, and shall be appropriated for no other object. The treasurer of the county shall cause to be provided blank receipts for the tax herein provided for, for their respective counties, which receipt shall be signed by the treasurer, and countersigned by the county recorder, and by the treasurer delivered to the county assessor, taking his receipt for the same, and making a registry of the same, with the number thereof, in a book to be kept by him for that purpose.

(*) Separate special acts have been passed for the counties of Siskiyou and Placer, which will be found in the text, further along.

3689. SEC. 4. No mor.ey set apart under the provisions of this act, for the benefit Orders on of the indigent sick, shall be drawn from the hands of the officer or officers having the hospital fund. charge of the same according to law, except upon the presentation of the order of the board of supervisors drawn on the hospital fund.

INDIGENT SICK OF YUBA COUNTY.

[An Act allowing the court of sessions of Yuba County to levy a special tax for the support of the indigent sick of said county, passed April 27, 1854, 185, provided for a special tax not exceeding thirty cents upon the $100 worth of taxable property for the support of the indigent

sick.

It was superseded by]

An Act to provide for the support of the indigent sick in Yuba County.

Approved March 31, 1856, 69,

3690. SECTION 1. There shall be assessed and levied for the year one thousand Tax. eight hundred and sixty, and for each year hereafter, by the board of supervisors of Yuba County, a tax of not exceeding twenty-five cents on each one hundred dollars' worth of real and personal property in said county, to be collected in the same manner, at the same time, and by the same officer, as provided by law for the collection of State and county revenue in said county. [Amendment, approved February 9, 1860, 24.

[The next two sections are the same in both the act of March 31, 1856, 69, and February 9, 1860, 24. Sec. 4 is from the latter act.]

treasurer.

3691. SEC. 2. The moneys collected under the provisions of this act shall be paid Duty of county into the county treasury of said county, and the county treasurer shall receipt therefor, and hold the same as a special hospital fund of the county, to be used for the care and Hospital fund. protection of the indigent sick of said county and for no other object.

3692. SEC. 3. The tax hereby authorized to be levied shall be the only tax levied Restriction.

and collected in Yuba County for the support of the indigent sick of said county.

SEC. 4. All acts or parts of acts in any manner conflicting with the provisions of Repealing clause this act, be and the same are hereby repealed.

[An Act relating to the care and treatment of the indigent sick in the County of Yuba,

approved April 16, 1859, 262, was virtually repealed by the following act.]

An Act to regulate the care and maintenance of the indigent sick in and for the County of Yuba.

Approved April 18, 1860, 191.

3693. SECTION 1. It is hereby made the duty of the board of supervisors of the Duty of board of County of Yuba to provide for the care and maintenance of the indigent sick of Yuba supervisors. County, as in this act provided, and not otherwise.

3694. SEC. 2. The board of supervisors shall keep and furnish, when needed, suffi- County hospital. cient buildings and grounds for a county hospital.

3695. SEC. 3. Said board of supervisors shall appoint a practicing physician, who Physician. shall be a graduate of some legally incorporated medical college, and whose duty it shall be to attend to the indigent sick of said county, and render all the medical aid and treatment to such indigent sick that may be required. Such physician shall re- Salary. ceive a salary not exceeding the sum of two thousand dollars a year, to be paid, quarterly, in cash, from the hospital fund of Yuba County.

3696. SEC. 4. The physician so appointed shall be styled the hospital physician of Term. Yuba County, and shall hold his position under such appointment for the term of two years, subject however to be removed at any time, by an order of the board of supervisors made therefor; and in case of such removal, he shall only draw his pro rata of such salary for the time he has held such position of physician; provided, no such Proviso, removal shall take place unless said hospital physician shall have been guilty of some misconduct, or neglect of duty; in which case he shall be furnished by the board of supervisors, at least three days before the hearing, with written specifications of the charges made against him, and he shall have the right to appear before the board and contest such charges.

3697. SEC. 5. It shall be the duty of such hospital physician, under the provisions, Duties of orders, and directions of the board of supervisors made therefor, to pass upon all ap- physician. plications for admittance to the hospital of said county, and to give his certificate of admittance thereto, in all proper cases. It shall also be his duty to report to the hospital warden, hereinafter provided for, all persons whose condition of health warrants their discharge from such hospital.

3698. SEC. 6. It shall be the duty of said board of supervisors to appoint some Hospital wardon.

Proviso.

Duties of warden.

Hospital-book of physician.

Book of warden.

Medicines.

Food, etc.

Proposals for furnishing provisions.

Warden's duties as to provisions.

Warden's report.

competent person of age and experience, and having a wife and family, as hospital warden, who shall hold such position for the term of two years, under such appointment, subject to removal therefrom by said board of supervisors, at any time, by an order made therefor; that the salary of such warden shall not exceed one thousand dollars a year, besides the board of himself and three members of his family, which salary shall be paid, quarterly, in cash, out of the hospital fund of said county; and in case of a removal from such position, he shall draw pay only for the time for which he may have held such position of warden; provided, no such removal shall take place unless said hospital warden shall have been guilty of some misconduct or neglect of duty; in which case he shall be furnished by the board of supervisors, at least three days before the hearing, with written specifications of the charges made against him; and he shall have the right to appear before the board and contest such charges.

3699. SEC. 7. It shall be the duty of such warden to remove into said hospital with his wife and the members of his family, to be boarded and there reside, and take charge of the same, the grounds thereto attached and the indigent sick therein kept, and superintend and take charge of the care and management of such hospital under and in pursuance of the orders and directions of said board of supervisors and the medical advice and direction of such physician; and it shall be the duty of such warden to receive all persons into said hospital having a certificate therefor from the hospital phpsician, and to discharge all persons therefrom whom such physician may direct.

3700. SEC. 8. It shall be the duty of the hospital physician to keep a book, which shall be furnished to him by the board of supervisors, to be by him handed over to his successor in office, wherein he shall enter the names of all persons applying for admittance to said hospital, their ages, the nature of their disease, or character of their sickness, the place of residence, and number of deaths, with the dates of such application, stating whether granted or rejected, and the date of all certificates of admittance, together with the names of all persons ordered by him to be discharged, with the dates of such order, which book shall always be subject to the inspection of the board of supervisors, the grand jury, and the officers of the County of Yuba,

3701. SEC. 9. It shall be the duty of the hospital warden to keep a book, which shall be furnished to him by the board of supervisors, to be by him handed over to his successor in office, wherein he shall enter the names and dates of all persons received into said hospital and discharged therefrom, which book shall always be subject to the inspection of the board of supervisors, the grand jury, and county officers, of Yuba County.

3702. SEC. 10. It shall be the duty of the board of supervisors to advertise ten days in the county official press for bids, and to contract with the lowest bidder for the furnishing of all medicines for the use of said hospital.

3703. SEC. 11. It shall be the duty of the board of supervisors to provide food and other necessaries for the support and comfort of the indigent sick, and to provide the necessary help to aid the hospital warden in taking care of, feeding, and nursing, such indigent sick.

3704. SEC. 12. It shall be the duty of the board of supervisors to advertise for ten days in the county official press for separate proposals to furnish meats, bread, flour, milk, and other provisions, for the hospital, stating the quality and kind required, and the nature and time of payment therefor, and to award the contract or contracts to the lowest responsible bidder or bidders. All contracts made or awarded under this section may be terminated at the option of the board of supervisors at the termination of any quarter after the same are made, and go into effect.

3705. SEC. 13. It shall be the further duty of the hospital warden to take the charge and custody of all provisions and other articles brought into the hospital or procured therefor, and to keep a full, true, and correct, account of the same, specifying each article, showing the date of their reception. He shall also keep an account of all articles of clothing disposed of, designating the articles, and the person to whom allowed, and the time when. He shall keep a correct daily account of the marketing for said hospital and superintend the same, and see that sufficient meats and other provisions are furnished of quality according to contract, and that there is no wasteful extravagance or improvident supply thereof. He shall also see to and superintend the cooking and preparation of the food for such indigent sick, and do all other acts and things that may be required of him about the charge and management of said hospital by the board of supervisors.

3706. SEC. 14. It shall be the duty of said warden to make a monthly report to the

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