Poll tax.

Collection.

Disposition of moneys.

Receipts.

PAUPER SICK OF TEHAMA COUNTY.

[An Act to provide for the care of the indigent sick of Tehama County, and to levy a tax therefor, approved April 10, 1862, 233, was repealed by the following act.] An Act to provide for the pauper sick of Tehama County.

Approved April 25, 1863, 481.

3746. SECTION 1. Each male inhabitant of Tehama County, over twenty-one and under sixty years of age, and not by law exempt, shall pay an annual poll-tax, for the use of said county, of two dollars, if paid between the first Monday of March and the first Monday of August, but if not paid prior to said first Monday of August, then three dollars.

3747. SEC. 2. To enforce the collection of poll-tax, as provided in this act, the collector of poll-taxes in and for said county may seize so much of any and every species of personal property claimed by any person liable to and refusing or neglecting to pay his poll tax, or property in the possession of or due from any other person, and belonging to such person so refusing to pay such poll tax, as will be sufficient to pay such polltax and costs, and shall and may sell the same at any time or place, upon giving verbal notice one hour or more previous to such sale. And any person indebted to another liable to pay poll-tax, but who has refused or neglected to pay the same, shall be liable to pay said poll-tax for such person after service upon him, by the collector of poll-taxes, of a notice in writing, identifying by name or otherwise the person or persons so liable and owing poll-tax. And the collector of poll-taxes may resort to the same summary process in enforcing the collection thereof as is above provided, against the party primarily liable to pay the same. Such debtor may deduct the amount of such polltax, with one dollar (the fee of the collector for serving the notice), from the amount of indebtedness due such party. The collector of poll-taxes, after having deducted the poll-tax for which such property was sold, and fees and costs on same as are allowed constables for similar services, shall return the surplus proceeds, if any, to the owner of the property. A delivery of the possession of any property by said collector to any purchaser at any such sale, shall be a sufficient title to the same, without execution of a certificate of purchase by said collector.

3748. SEC. 3. The poll-tax specified in this act shall be collected and paid into the county treasury at the same time, in the same manner, and by the same officer, as polltaxes are now or may hereafter be authorized by law to be collected and paid. The money arising under the provisions of this act, together with those arising under any and all acts whatever applicable to the indigent sick, pauper sick, resident indigent sick, or other hospital purposes, shall be set apart and constitute a county pauper sick fund, and be applied to the payment in the order of their registry of warrants heretofore lawfully drawn on the indigent sick fund of the county, and warrants that may hereafter be lawfully drawn upon the pauper sick fund of said county.

3749. SEC. 4. The auditor shall provide blank receipts for the poll-tax herein provided, which shall be signed by the president of the board of supervisors, and delivered by the clerk of said board to the county treasurer, taking his receipt therefor. The treasurer shall then countersign such receipts, and from time to time deliver to the Duties of officers, collector of poll-taxes a sufficient number, taking his receipt therefor. The collector shall settle monthly, on the first Monday of each month, accounting for all receipts, and pay over all funds into the county treasury, after deducting fifteen per cent. collection fees. The treasurer shall settle with the auditor monthly, and account for all receipts received under the act, in the same manner as required in other cases of collection and disbursement of revenue.

Powers of supervisors.

3750. SEC. 5. The board of supervisors shall provide for the care of the pauper sick of said county, and they are authorized to make such contracts as they may deem advisable concerning the same, but no contract for a longer time than one year shall have any validity. No accounts, demands, or claims, whatsoever, against the "Pauper Sick Fund," shall be allowed unless the consideration upon which the same is based shall have been, previously to the time of rendering such consideration, duly authorized by order, and entered in the journal of the proceedings, or under a valid written contract so previously made, and filed with the clerk of the board. The board shall not contract in any manner a greater liability for any one year than twenty-five hundred dollars, nor allow any demands, accounts, or claims, whatsoever, against said county, growing out of the care of the sick of said county, which, with other amounts previously allowed within the twelve months then last past, shall singly or in the aggregate amount to more than twenty-five hundred dollars.

3751. SEC. 6. An act to provide for the care of the indigent sick of Tehama Coun- Acts repealed. ty, and to levy a tax therefor, passed April tenth, eighteen hundred and sixty-two, and sections three and six of an act to provide for the indigent sick of the counties of this State, passed March thirty-first, eighteen hundred and fifty-five, and all acts and parts of acts in conflict with the provisions of this act, are hereby repealed.

SEO. 7. This act shall take effect immediately.

INDIGENT SICK OF SAN BERNARDINO COUNTY.

An Act to provide for the better care of indigent sick in the County of San Bernardino.
Approved May 6, 1862, 493.

established.

3752. SECTION 1. The county treasurer, district attorney, and county clerk, of San Board Bernardino County and their successors in office, are hereby constituted a board, to be known as "The Board for the Care of Indigent Sick." Said board shall have all the power now exercised by the board of supervisors by virtue of the Act of March thirty-first, eighteen hundred and fifty-five, to provide for the indigent sick in the counties of this State, and the board of supervisors shall cease to have any power relating to the same.

3753. SEO. 2. All contracts and claims by any person for the care of indigent sick, Certain claims who may not be qualified in accordance with the provisions of section four of the Act declared void. of March thirty-first, eighteen hundred and fifty-five, to provide for the indigent sick

in the counties of this State, are hereby declared null and void.

3754. SEO. 3. At any regular or special meeting of the board of supervisors, the Claims. board constituted by this act may present any claim incurred for the benefit of the indigent sick, for allowance, and if found to be correct, shall be allowed and paid. SEO. 4. All laws, and parts of laws, in contravention of this act, are hereby repealed.

SEC. 5. This act shall take effect from and after its passage.

INDIGENT SICK OF SONOMA COUNTY.

An Act to provide for the better maintenance of the indigent sick of Sonoma County.

Approved April 25, 1863, 579.

3755. SECTION 1. The board of supervisors in and for the County of Sonoma are Branch hospital. hereby empowered to set apart so much of the hospital fund, together with all moneys collected for the benefit of said fund, as properly belongs to the townships of Petaluma and Vallejo, in said county, as provided for in the act to provide for the indigent sick, approved March thirty-first, eighteen hundred and fifty-five, and apply the same to the building, furnishing, and maintaining of a branch hospital, to be located in the City of Petaluma.

compensation.

3756. SEC. 2. The board of supervisors shall employ such officers for the hospital Officers and specified in this act, as they may deem proper, and fix the compensation of the same, subject to all the restrictions and qualifications embraced in the act of March thirtyfirst, eighteen hundred and fifty-five.

3757. SEC. 3. The chairman of the board of supervisors may call a special meeting of the board for the purposes specified in this act, at any time after the passage of the same.

SEC. 4. This shall take effect from and after its passage.

Enfirmaries.

An Act to authorize the establishment of county infirmaries for the relief of the indigent, and to amend an act entitled "An Act to provide for the indigent sick in the counties of this State," approved March 31, 1855.

Approved April 18, 1860, 213.

3758. SECTION 1. The supervisors of each and every county within this State shall To establish be, and they are hereby, authorized to erect and establish county infirmaries within county infirma ries. their respective counties, whenever, in their opinion, such a measure will be advantageous, and for that purpose, it shall be lawful for the said supervisors to purchase

Proviso.

Proviso.
Proviso.

Board of directors.

Powers and liabilities.

May make contracts.

Superintendent.

Visitation.

Publication of report.

Duties of directors.

such lot or tract of land, of not more than one hundred and sixty acres, and erect thereon one or more suitable buildings for the accommodation of the institution; provided, that if the supervisors of any county shall think proper to purchase land and erect a county infirmary, under the provisions of this act, the expense of such purchase and erection shall be defrayed by a tax levied on the objects of county taxation, described in the twelfth section for that express purpose, which tax shall be collected and paid over at the same time, and in the same time, and in the same manner that other taxes are collected; provided, also, that said tax shall not exceed onefourth of one per cent.; provided further, that when there is a sufficient sum of money in the special hospital fund of any county therefor, or other provision is made by law for raising said sum, the tax authorized by this section may or may not be levied, at the option of the board of supervisors.

3759. SEC. 2. The supervisors in any county in this State, in which a county infirmary is completed or may hereafter be completed, for the reception of the indigent, shall form a board of directors of the county infirmary, and shall serve as such during the respective periods for which they are elected; and the said directors shall in all respects have the same power and authority and be subject to the same liabilities, as hereinafter provided for, and shall, previous to their entering on the duties of directors of the county infirmary, take an oath or affirmation faithfully to discharge the duties of their office; and said board of directors shall appoint a clerk of their own body, whose duties shall be defined by the board.

3760. SEC. 3. The board of directors, or a majority of them, shall form a quorum to transact business, shall be a body corporate and politic, with perpetual succession, and shall be known by the name of "The Board of Directors of the County Infirmary of County." They may make all such contracts and purchases as may be necessary for the institution, and may prescribe such rules and regulations as they may think proper for the management and good government of the same, and for introducing the practice of sobriety, morality, and industry, among its inhabitants. They shall meet, quarter-yearly, at such place as they may agree on, and the president may call a special meeting of the board at any time he may deem it necessary,

3761. SEC. 4. The board of directors shall appoint a superintendent, outside of said board, who shall reside in some apartment of the county infirmary, or other building contiguous thereto, and shall receive such compensation for his services, perform such duties, and give security for their faithful performance, as the board shall judge proper. He shall be governed in all respects by the rules and regulations of the board, and may be removed by them at pleasure. He may require all persons received into the county infirmary to perform such reasonable and moderate labor as may be suited to their ages and bodily strength, the proceeds of which shall be appropriated to the use of the institution in such manner as the board of directors may point out. The superintendent shall receive into the county infirmary any person who shall produce to him such an order or voucher as is hereinafter required, and he shall enter into a book to be provided by him and kept for that purpose the name, age, birthplace, length of residence, state last from, previous habits and present condition of the person, as near as may be, of every person so received into the county infirmary, together with the day on which such person was received.

3762. SEC. 5. The board of directors shall cause the county infirmary to be visited at least once in every month by a committee of their body, which committee shall carefully examine the condition of the inmates, the manner in which they are fed, clothed, and otherwise provided for and treated. They shall ascertain what labors they are required to perform, and shall inspect the books and accounts of the superintendent, and make report thereof at the next meeting of the board.

3763. SEC. 6. The board of directors shall every year cause to be published, in at least two county newspapers, and in one if there is no more published, the state of the institution, with a full and correct account of all their proceedings, contracts and disbursements; and the expense of establishing and supporting the institution shall be paid on the order of the county auditor, by the direction of the supervisors, out of any money in the "County Infirmary Fund" of the county.

3764. SEC. 7. It shall be the duty of the board of directors to take cognizance of all indigent 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 directors or superintendent by them appointed; and when any person has been or shall hereafter be received into any county infirmary as an indigent, on account of any infirmity

or disease, the directors of such county infirmary may, when, in their opinion, such person is so far restored to health and bodily strength as to be able to support himself or herself, direct the superintendent of such county infirmary to discharge such person therefrom.

" from the pas senger act.

3765. SEC. 8. All moneys received in commutation of bonds, under the provisions Moneys arising of "An Act concerning passengers arriving in the ports of the State of California,' shall be used for no other purpose than for the protection and support of the indigent, and shall constitute and be known as the "Infirmary Fund of the State of California."

fund.

3766. SEC. 9. The infirmary fund, together with all other moneys collected for the State infirinary benefit of said fund, shall be set apart by the State treasurer for the purpose expressed and directed in the eighth section of this act, and after the first day of June, one thousand eight hundred and sixty, shall be divided and apportioned among the counties of this State, in proportion to the population as ascertained by the census of one thousand eight hundred and fifty; provided, that until the official return of 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 general election; and said funds shall be paid over by the treasurer of the State, on the warrants of the State controller, who shall issue such warrants upon receiving the order of the board of supervisors to the treasurer of each county. The board of supervisors of each county shall use the same for the support and care of the indigent in their counties, and for no other purpose, and shall render an 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.

3767. SEC. 10. The board of directors shall employ. such medical aid for the proper Medical aid. treatment and care of the indigent, as may in their judgment be required, and shall fix the compensation of the same. Every physician employed by the board of directors, shall be a graduate from some legally incorporated regular college of medicine, or a licentiate of some existing board of medical examiners, of this or any other state. Any physician being employed by the board aforesaid, to attend to the indigent 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 said charge or charges, be sustained by competent testimony before the board of directors.

3768. SEC. 11. When necessary, it shall be the duty of the board of directors to Buildings. provide a suitable building or buildings, for the separate accommodation of the indigent laboring under contagious disease.

infirmary fund.

3769. SEC. 12. In addition to the taxes to be assessed under the provisions of law County now existing, or which may hereafter exist, the board of supervisors of each county may 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; 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 "County Infirmary Fund" of the county, and be used for the care and protection of the indigent, and shall be appropriated for no other object.

3770. SEC. 13. No money set apart under the provisions of this act, for the benefit Orders on fund. of the indigent, shall be drawn from the hands of the officer or officers having charge

of the same according to law, except upon presentation of the order of the board of directors, drawn on the county infirmary fund.

interested in contracts.

3771. SEC. 14. No person having charge, care, keeping, or disbursing, of the funds Officers not to be 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.

accounts.

3772. SEC. 15. It shall be lawful for the auditor of a county in which a county Auditing infirmary may be situated to receive any order or orders, given by the board of directors of said institution, to any person or persons, for labor, provisions, medical attendance, or supplies of any kind, furnished for said institution, and to give an

To dispose and convey real

estate

Removal of sick.

Bringing indigents or lunatics into

State.

Proviso.

Offenses to be prosecuted.

"Indigent

persons" and invalids"

defined.

Power to apprentice.

Exempt from taxation.

Directors may make changes.

order on the county treasurer, who shall receive the same and pay out of any money in his hands appropriated for that purpose.

3773. SEC. 16. The board of directors 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, and said board shall prosecute and defend any action at law, when the interests of the county infirmary fund requires it.

3774. SEC. 17. If any person shall transport, remove, or bring, or cause to be transported, removed, or brought, any poor or indigent person from any city or county in this State, to any other city or county in this State, without lawful authority, and there leave such poor or indigent person, with intent to make such city or county chargeable with the support of such pauper, each and every person so offending, shall forfeit and pay the sum of one hundred dollars, for each and every such offense, for the use of the indigent of the city or county in which such pauper shall be left, to be recovered by action of debt, in the name of the State of California, before any court of competent jurisdiction.

3775. Sec. 18. If any person shall wilfully and without lawful authority, bring or cause to be brought into this State, any poor or indigent person or lunatic, without a protector, from any place without this State, and there leave, or attempt to leave such person, with intent to make the city or county, or city and county in which such person shall be left or attempted to be left, chargeable with the support or maintenance of such person, each and every person so offending, shall forfeit and pay not less than one hundred nor more than six hundred dollars, for every such persons left or attempted to be left, to be recovered in the name of the State of California, in the action of debt, before any court of competent jurisdiction, for the use of the city or county wherein such poor or indigent person or lunatic shall be left or attempted to be left, as aforesaid; and any person or persons, guilty of either of the offenses specified in this section, shall be obliged to convey such poor or indigent person or lunatic person, out of this State, or shall give bond to the State of California, with security, to be approved of by the treasurer of such city or county, for the maintenance of such poor or indigent person or lunatic; provided, however, that in every county, wherein the poor are supported in a county infirmary, the penalties which may be collected under this act, shall be appropriated for the benefit of such county infirmary.

3776. SEC. 19. It shall be the duty of the board of directors and of the prosecuting attorneys of each county, whereof any of the offenses by this act provided against, shall be committed, to cause such offense to be prosecuted as soon as possible after the commission of such offense, and all such offenses shall be prosecuted by commencing proceedings within one year after the commission of the offense, and not thereafter; and in all cases where prosecution shall fail, the costs of court shall be taxed against, and paid by, the county which would be entitled to the penalty if the prosecution had been successful.

3777. SEC. 20. "Indigent person" or "invalid" is defined to be every poor person who is blind, lame, old, sick, impotent, or decrepit, or in any other way disabled or enfeebled, so as to be unable by his or her work to maintain themselves, and as such come under the provisions of this act.

3778. SEC. 21. The board of directors of the county infirmaries shall have power to bind out to apprenticeship all such indigent children as may belong to the county infirmaries, in the same manner as that authorized by the provisions of the act entitled "An Act to provide for binding minors as apprentices, clerks, and servants," approved April tenth, one thousand eight hundred and fifty-eight.

3779. SEC. 22. Every county infirmary provided by any county for the reception and support of the indigent, and all real and personal property whatever belonging to or connected with the same, shall be exempt from all assessment and taxation levied either by the State or by any county, city, town, or village; and the superintendent of every county infirmary established under the provisions of this act, shall be exempt from all service in the militia, from serving on juries, and from all assessments for labor on the highways.

3780. SEC. 23. The board of directors shall have power in their respective counties to change county hospitals into county infirmaries, or, after thirty days' notice in one or more newspapers of the county in which they may reside, to sell at public or private sale, and cause to be conveyed, any property belonging to the county, as county hospitals or pertaining thereto, appropriating the proceeds of such sale to the use of their respective county infirmaries.

3781. SEC. 24. The county hospital fund of the respective counties to which this