Judges may remit fees. County over fees. shall be further liable to impeachment or removal from office, or both. SEC. 9. The Judges of the District Court and Probate Courts, in and for the County of Alameda, may, upon proper showing of the disability of any person to pay the legal fees, remit the same, or any part thereof, by an order in writing directed to the Clerk of the proper Court. SEC. 10. All Acts or parts of Acts, so far as they conflict with the provisions of the foregoing Act, are hereby repealed. SEC. 11. All fees collected by the County Clerk of the Clerk to pay County of Alameda, in his several official capacities, shall be paid into the treasury of said county on the first Monday of each month, and be placed to the credit of the "Salary Fund" by the Treasurer; and a transcript of such fees, duly verified by oath, shall be filed with the County Auditor, as provided in section three of an Act entitled "An Act to fix the salaries of certain officers in the County of Alameda, and for other purposes," approved February twenty-seventh, eighteen hundred and seventy-four; and until such transcript of fees is filed with the Auditor the County Clerk shall not be entitled to receive a warrant for his salary. SEC. 12. This Act shall be in force from and after the first Monday of March, A. D. one thousand eight hundred and seventy-six. Fees and Sheriff. CHAP. CXXXIII.-An Act to regulate the fees of the Sheriff of [Approved March 6, 1876.] The People of the State of California, represented in Senate and SECTION 1. In addition to the fees and compensation now mileage of allowed by law to the Sheriff of Los Angeles County, the Sheriff of said county is allowed and shall be entitled to receive the fees hereinafter specified: For making every arrest in a criminal proceeding, two dollars; for summoning a Grand Jury of twenty-four persons, three dollars; for summoning each trial jury of twelve persons, in a criminal case, two dollars; for each additional juror, twenty cents; for service of any process in criminal cases, for each mile necessarily traveled, in going only, twenty cents; provided, however, that in serving subpoena or venire, in criminal cases, he shalĺ receive mileage for the most distant only, when witnesses or jurors live in the same direction. SEC. 2. This Act shall take effect from and after the first Monday in March, eighteen hundred and seventy-six. CHAP. CXXXIV.-An Act concerning the construction and repair of levees in the City of Marysville, and the mode of raising revenue therefor. [Approved March 6, 1876.] The People of the State of California, represented in Senate and of Levee SECTION 1. A Board of City Levee Commissioners, with Election and the powers and duties hereinafter provided, is hereby created term of office for the City of Marysville. At the city election held for said Commiscity in the year eighteen hundred and seventy-six, and at the ioners. city election every four years thereafter, there shall be elected by the qualified electors of the City of Marysville three persons from the qualified electors of said city who shall constitute a Board of Levee Commissioners, who shall each hold their office for the term of four years from the first Monday in April, eighteen hundred and seventy-six, and until their successors are elected and qualified. tion of SEC. 2. The members of said Board shall meet on the first organizaMonday in April, at the City Hall of said City of Marysville, Board. and proceed to elect one of said Board as a President thereof, and in case any vacancy occurs in said Board it shall be filled by the remaining members of said Board. Commissioners. SEC. 3. No person shall act as a Levee Commissioner until Bonds of he has taken the constitutional oath of office, and given a bond in the sum of ten thousand dollars, with at least two sureties, to be approved by the Common Council of said city, conditioned for the faithful performance of his duties; nor shall any Commissioner receive any pay for his services. And if any Commissioner shall in any manner, either directly or indirectly, be interested in any contract for constructing or repairing any levee, he shall be guilty of a misdemeanor, and Misdeupon conviction thereof shall be punished by a fine not meanor. exceeding five hundred dollars, or by imprisonment not more than six months, or both such fine and imprisonment. SEC. 4. The Board of City Levee Commissioners herein City Levee created shall, from personal inspection and examination, created." Fund, how annually, on or before the time provided by law for the levy of the general city taxes of said city, make and certify to the Mayor and Common Council of said city an estimate of the amount of money that will be necessary to pay any outstanding floating indebtedness, and to put the levees under their control, and the works for their protection, in perfect repair, and to keep them so during the year; and the Common Council of said city shall levy upon all taxable property within said city levee a tax sufficient to produce the whole amount of money so estimated to be required, less the sum, if any there be, in the City Levee Fund. The taxes levied under this section shall be collected the same as other city taxes are authorized to be collected, and shall be paid to the City Treasurer of said city, and be credited by him to a fund hereby created, and to be known as the "City Levee Fund," and the money shall only be drawn from said fund upon warrants Powers of Levee Com- for claims for levee purposes, allowed and approved by a majority of the Levee Commissioners, and signed by the President and Secretary of said Board. SEC. 5. The Board of Levee Commissioners created by this Act shall have full power, as soon as they are elected and qualified, to take immediate charge, care, and control of 1929-23 the levee or levees now built and constructed by said city, Clerk. Duties of Levee Com missioners may con and to strengthen, repair, alter, or extend the same wherever necessary, and to employ one or more Overseers of said levees, who shall continue to act as such Overseers for such period of time as said Board may direct, and to be paid such per diem as said Board shall fix by warrant drawn on said City Levee Fund. SEC. 6. The City Clerk of said City of Marysville shall be ex officio Clerk of the Board of Levee Commissioners hereby created, and shall keep a full and complete record of all proceedings of said Board. SEC. 7. Each Overseer shall keep a correct account of the number of days that each person under his control may work, for which he shall give a receipt to the person performing such work, stating the number of days both in person, or with team of horses or oxen; such receipt shall be sworn to by the person performing the work, and be presented to said Board of Commissioners hereby created, whereupon, if said account be correct, the Board shall allow and approve the same, and order a warrant on said City Levee Fund for its payment. SEC. 8. The Board of City Levee Commissioners, their agents and employés, may enter upon and take possession denin lands. of any land that may be necessary for the levee, within the boundaries of said city, or any land either in the city or in the County of Yuba, outside of the city, that may be necessary or proper to furnish material for its construction, and may have the same condemned for such purpose by legal proceedings, in their name and in accordance with the Codes of the State of California, or any amendments thereto that may hereafter be enacted. Impairing SEC. 9. Any person or persons who shall maliciously cut, or in any way impair any part or portion of the levee of said City of Marysville, with intent to injure the same, shall be deemed guilty of a felony, and, upon conviction, be punished by imprisonment in the State Prison for a term not less than one year nor more than five years. SEC. 10. This Act shall go into effect from and after its passage. CHAP. CXXXV.-An Act to provide for the future management of the Napa State Asylum for the Insane. [Approved March 6, 1876.] The People of the State of California, represented in Senate and Trustees. SECTION 1. Within ten days after the passage of this Act Governor to the Governor shall appoint five Trustees to manage the appoint five affairs of the Napa State Asylum for the Insane, three of whom shall be residents of Napa County; and he shall designate at the time of the appointment the respective terms of office of said Trustees, under the following classification, to wit: three of said Trustees shall serve for two years and two of said Trustees shall serve for four years from the time of their appointment. Their successors shall be appointed by the Governor, and shall hold their offices for the term of four years and until their successors are appointed and qualified. In case of a vacancy occurring in said Board the Governor to Governor shall appoint, in manner aforesaid, to fill the canunexpired term. fill SEC. 2. The Trustees provided for in the preceding sec- Trustees to tion shall qualify by taking the usual oath of office, and organize. shall, within ten days after such qualification, organize themselves into a Board by the election of one of their number as President, and the Secretary and Treasurer hereinafter provided for, and, as soon as such organization has been perfected, they shall notify the same to the "Board of Directors" created under "An Act to provide further accommodation for the insane of the State of California, and to provide a special fund therefor," approved March twenty-seventh, eighteen hundred and seventy-two, by serving a notice of that fact on the Secretary or President of said Board of Directors. vacant. SEC. 3. As soon as the said "Board of Directors" of the offices Napa State Asylum for the Insane shall receive the notifica- declared tion referred to in the preceding section of this Act, their offices, and also those of all persons receiving appointments by, through, or under them, shall become vacant, and their functions as a Board and as Directors, officers, and employés shall cease to exist. turn over SEC. 4. Upon receiving the said notification, it shall be Directors to the duty of the said "Board of Directors," their Secretary and books and Treasurer, Medical Superintendent, officers and employés, to property. prepare a list of all books, papers, moneys, property, and effects of every kind and nature whatever belonging to the Napa State Asylum for the Insane, or in their possession, or under their control, and deliver the said list, together with the articles enumerated therein, upon the order of the President of the Board of Trustees created by this Act, taking duplicate receipts therefor, and filing one with the State Board of Examiners. SEC. 5. The Trustees created under this Act shall, as soon Trustees to as funds are provided by the Legislature, cause the buildings buildings. complete of the Napa State Asylum for the Insane to be completed, and the grounds and premises to be improved, under plans now existing, as soon as practicable; provided, that such alterations as will reduce the cost of construction of the said Restricton of asylum may be made by said Board of Trustees; but no contracts must be entered into or liabilities incurred beyond the amount appropriated by the Legislature. powers. to be inter Trustees not SEC. 6. The Trustees and other officers shall have no ested parties. interest, direct or indirect, in the furnishing of any building materials, or in any contract for the same, or in any contract for labor in finishing said buildings, or improving said grounds or premises, nor in any contract for labor, material, or supplies for the maintenance thereof. Powers and duties of Trustees. Trustees to appoint Resident and Salaries and SEC. 7. The Board of Trustees created under this Act shall be known by the name and style of the "Board of Trustees of the Napa State Asylum for the Insane," and by that name they and their successors shall be known in law, may receive, take, and hold property, both real and personal, in trust for the State, and for the use and benefit of said asylum. They shall have power to govern, manage, and administer the affairs of said asylum, and make and adopt by-laws for their government and the government of the asylum. They shall appoint all officers and employés of said asylum, prescribe their duties, and remove them when, in their judgment, the good of the public service requires it. They shall cause to be kept a full and correct record of their proceedings, which shall be open at all times to the inspection of any citizen desiring to examine the same. They shall hold stated meetings at the asylum monthly, and a majority of the Board shall constitute a quorum for the transaction of business. They shall keep themselves constantly advised of all items of labor and expense, and the condition of the buildings and property of the asylum. They shall submit to the Governor biennially, on or before the first day of September next preceding the regular session of the Legislature, a report showing the receipts and expenditures, the general condition of the asylum, the number of patients under treatment during the two preceding years, and such other matters touching the general affairs of the asylum as they may deem advisable. SEC. 8. The Board of Trustees shall appoint a Resident Physician and an Assistant Physician, each of whom shall hold office for four years, and until his successor is elected and qualified. The salary of the Resident Physician shall be three thousand dollars per annum, and of the Assistant Physician two thousand dollars per annum; and each of them and their families shall be furnished room, household furniture, provisions, fuel, and lights, at and from the supplies of the asylum. Both the Resident and Assistant Physicians shall reside at the asylum; shall be well educated and experienced physicians, regular graduates in medicine, and shall have practiced at least five years from the date of their respective diplomas, and shall not engage in outside practice. Their duties not specified in this Act shall be fixed and prescribed in the by-laws of the Board of Trustees. |