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adjutant-general into the state treasury at the end of each month. The moneys thus received by the state treasury shall be placed to the credit of the general fund. The number of copies authorized by this section shall not exceed three thousand (3,000) in any one year. En. March 12, 1872. Am'd. 1881, 33.

TITLE V.

PUBLIC INSTITUTIONS.

Chapter I. State Commission in Lunacy, State Hospitals, and Care, Custody, Apprehension, Commitment of Insane and other Incompetent Persons, §§ 2136-2199.

. II.

III.

STATE

§ 2136.

§ 2137.

§ 2138.

§ 2139.

§ 2140.

§ 2141. 2142.

IV.

Deaf, Dumb, and Blind Asylum, §§ 2237-2282.
State Library, §§ 2292-2305.

Supreme Court Library, §§ 2313-2316.

V. Other Public Institutions, §§ 2326-2328.

CHAPTER I.

COMMISSION IN LUNACY, STATE HOSPITALS, AND
CARE, CUSTODY, APPREHENSION, COMMITMENT
OF INSANE AND OTHER INCOMPETENT

§ 2142a.

§ 2143.

§ 2144.

2145.

2146.

2147.

2148.

2149.

2150. 2151.

§ 2152.
§ 2153.
§ 2153a.
$ 2154.
§ 2155.

§ 2156.
2157.

§ 2158.

PERSONS.

Commission in lunacy-of whom consists.

The superintendent, his appointment, qualification, and salary.

Office and meetings of the commission.

The seal of the commission.

Expenses and salary of commission.

Powers of commission.

Duties of commission.

Special investigations by commission.

Visits, examinations, and reports.

Information to be furnished to the commission.
State hospitals.

The property of the hospitals.

Managers of the state hospitals, and their appointment.

Managers, eligibility of, and causes of forfeiture of office.
Managers compensation.

Powers and duties of the managers.

Limitation upon the powers of managers.
Appointments by the managers.

The medical superintendent and his duties.
Appointees of the medical superintendents.
Salaries.

Removals.

Resident officers.

Restrictions on physicians and medical superintendents.
Contingent fund, how used.

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§ 2168.

§ 2169.

§ 2170.

§ 2171.

§ 2172.

2165a. Prohibition of actions.

§ 2173. 2174.

§ 2175.

§ 2175a.

Recommendations, and their filing.
Detention hospitals.

Medical examiners.

Charges of insanity, and proceedings thereon.
Attendance and examination of witnesses.
Certificate of examiners.

Order of commitment.

Execution of the order of commitment.

Right to refuse to receive person committed.
Jury trial.

Costs of proceedings.

Limitations with respect to imbecile persons.

Liability of relatives and guardians of insane persons.

Insane persons in care of their relatives or guardians.
Duty of the commission.

Duties of district attorneys.

§ 2176.

§ 2177.

§ 2178.

§ 2179.

§ 2180.

Fixing amount to be paid for support.

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Appointment of guardian.

Orders to be made for payments by guardians.

Duties of officers respecting insane poor.
Homœopathic treatment.

Admissions under special agreements.

2185a. Admission of insane soldiers and sailors.

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Return of insane persons to other state or country.
Commitments of incompetents other than insane persons.
Moneys received from counties for support of incompe-
tents.

Admissions of incompetents by agreement.

Terms of life tenure.

Private hospitals.

Actions by commission.
Interpretation.
Reservations.

2200-2222. (Repealed.)

$2136. Commission in lunacy-of whom consists. There shall continue to be a state commission in lunacy consisting of five members, to wit: The general superintendent of the state hospitals, the secretary of the state board of health, and the three members of the state board of examiners. In the absence of the governor, at any meeting of the commission, the secretary of the state board of examiners is authorized to act in his place, with the same powers and with like effect as the governor might exercise, if present;

and in the like absence of the attorney-general, the assistant attorney-general may act in his place, with like authority as he might exercise, if present. All the members, other than the general superintendent, must serve without salary. En. March 12, 1872. Rep. 1903, 485. En. Stats. 1903, 486.

§ 2137. The superintendent, his appointment, qualification, and salary. The general superintendent of state hospitals is appointed by the governor, to hold office for four years, and must not hold any other office. He must be a reputable physician, and graduate of an incorporated medical college, who has had at least ten years' actual practice in his profession, and six years' actual experience in the care and treatment of the insane, at least one year of which must have been in the state hospitals of this state. His salary is four thousand dollars per annum, and cannot be changed during his term of office, and he must also be allowed his actual traveling and incidental expenses, to be audited by the other members of the commission. En. March 12, 1872. Am'd. 1883, 288; 1889, 177. Rep. 1903, 485. En. 1903, 487.

Cal. Rep.Cit. 89, 603.

§ 2138. Office and meetings of the commission. The secretary of state must provide the commission with a suitably furnished office in the state capitol, in which it must hold stated meetings at least once in every three months. It may hold other meetings at such office, or elsewhere, at such times as it may be deemed necessary. En. March 12, 1872. Rep. 1903, 485. En. 1903, 487.

$2139. The seal of the commission. The commission must have and keep an official seal. Every process, order, or other paper issued or executed by the commission, may, by its direction, be attested with its seal by the secretary, or by any member of the commission, and when so attested must be deemed to be duly executed by the commission En. March 12, 1872. Rep. 1903, 485. En. 1903, 487.

2140. Expenses and salary of commission. The salary of the general superintendent and the reasonable expenses of the commission, and of the necessary clerical assistance, must be paid by the treasurer of state on the warrant of the controller, out of any money appropriated for the

support of the insane, feeble-minded and other incompetent persons, pro rata, from the amount appropriated for the maintenance of each hospital. En. March 12, 1872. Am'd. 1877-8, 45. Rep. 1903, 485. En. 1903, 487.

§ 2141. Powers of commission. power:

The commission has

1. To employ a secretary, a stenographer, and such other employees as it may deem necessary and fix their compensations.

2. To appoint, by its order, a competent person to examine the books, papers, and accounts, and also into the general condition and management of any institution in this chapter mentioned, to the extent deemed necessary and specified in such order;

3. To fix the annual salaries of the resident officers and treasurer of the state hospitals, which must be uniform in all state hospitals for the insane and as near uniform as possible in all state hospitals, and to classify the other officers and employees in grades, and determine the salaries and wages to be paid in each grade, which must be uniform in all hospitals for the insane, and as near uniform as possible in all state hospitals.

4. To determine the kind and character of all employees who shall be employed at any state hospital according to the needs and objects of the hospital. En. Stats. 1903, 487.

§ 2142. Duties of commission. The duties of the commission are:

1. To take charge of the execution of the laws relating to the care, custody, and treatment of the insane, feebleminded persons, epileptics and idiots, and other incompetent persons as provided in this chapter;

2. To examine all public and private institutions receiving and caring for the insane and other incompetent persons, and inquire into their methods of government, and the treatment of all inmates thereof;

3. To examine into the condition of all buildings, grounds, or other property connected with such institutions, and into all matters relating to their management. For the purposes specified in this subdivision, each commissioner is entitled to free access to the grounds, buildings, and all books and papers relating to any such institution,

and every person connected therewith must give such information and afford such facilities for any such examination or inquiry, as the commissioners may require;

4. To make such regulations in regard to the correspondence of the inmates in said institutions in custody as in its judgment will promote their interests, which regulations must be complied with and enforced by the proper authorities of each institution; but no restriction must be placed upon the correspondence of such inmates with the superior judge and district attorney of the county from which they were committed or admitted to such institutions;

5. To adopt, for all hospitals, rules and regulations, books of record for steward's and all departments, blank forms, both clinical and otherwise, questions for examination of employees, and for examination in all the different branches of medicine and surgery, and especially in diseases affecting the mind and nervous system, of all officers and internes, for the special use of the hospital;

6. To keep in its office a record showing the name, residence, and certificate of each duly qualified medical examiner, and to immediately file, when received, each duly certified copy of a medical examiner's certificate, and advise him of its receipt and filing;

7. To keep in its office a record showing:

(1) The name, residence, sex, age, nativity, occupation, civil condition, and date of commitment of every patient and inmate in custody in the several institutions for the care and treatment of insane and other incompetent persons in the state, and the name and résidence of the person making the petition for commitment, and of the persons signing the medical certificate, and of the judge making the order of commitment;

(2) The name of the institution where each patient or inmate is confined, the date of admission, and whether brought from home or another institution, and if from another institution, the name of such institution, by whom brought, and the patient's or inmate's condition;

(3) The date of the discharge of each patient or inmate from such institution, and whether recovered, improved, or unimproved, and to whose care committed;

(4) If transferred, for what cause, and to what institution; and if dead, the date and cause of death;

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