Judge to Police Commissioner. SEC. 7. The Judge of the City Criminal Court and the be ex officio County Judge of said City and County of San Francisco are hereby made ex officio Police Commissioners of said city and county, with the same powers and duties as are now exercised by the other members of said Board of Police Commissioners, which Board shall, from and after the passage of this Act, consist of the Mayor, Police Judge, Chief of Police, the Judge of the City Criminal Court, and the County Judge of said City and County of San Francisco. No compensation shall be paid to or received by said officers as Police Commissioners. SEC. 8. This Act shall take effect from and after its passage. Parties may CHAP. DXLIX.-An Act for the incorporation of societies for the prevention of cruelty to children. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. Any five or more persons of full age, a majorincorporate. ity of whom shall be citizens and residents within the State, Powers of who shall desire to associate themselves together for the purpose of preventing cruelty to children, may make, sign, and acknowledge, before any person authorized to take acknowledgments of deeds of this State, and file in the office of the Secretary of State, and, also, in the office of the Clerk of the county in which the business of the society is to be conducted, a certificate in writing, in which shall be stated the name or title by which said society shall be known in law, the particular business and objects of such society, the number of trustees, directors, or managers, to manage the same, and the names of the trustees, directors, or managers of the society for the first year of its existence; but such certificate shall not be filed unless the written consent and approbation of the District Judge of the district in which the place of business or principal office of such society shall be located, be indorsed on such certificate. SEC. 2. Upon filing the certificate as aforesaid, the persons corporation. who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon, by virtue of this Act, be a body politic and corporate by its name stated in such certificate, and as such shall have power: First-To have perpetual succession by its corporate name. Second-To sue and be sued, complain and defend, in any Court of law or equity. Third-To make and use a common seal, which may be affixed by making an impression directly in the paper, and alter the same at pleasure. Fourth-To appoint such officers, managers, and agents, as the business of the corporation may require. Fifth-To make by-laws, not inconsistent with the laws of this State or of the United States, for the management of its property and the regulation of its affairs. Sixth-To contract and be contracted with. Seventh-To take and hold by gift, purchase, grant, devise, or bequest, any property, real or personal, and the same to dispose of at pleasure. But such a corporation shall not, in its corporate capacity, hold real estate the yearly income derived from which shall exceed the sum of fifty thousand dollars. Eighth-To exercise any corporate powers necessary for the exercise of the powers above enumerated and given. complaint. SEC. 3. Any society so incorporated may prefer a com- May prefer plaint before any Court or magistrate having jurisdiction, for the violation of any law relating to or affecting children, and may aid in bringing the fact before such Court or magistrate in any proceeding taken. give aid. SEC. 4. All magistrates, Constables, Sheriffs, and officers Officers to of police shall, as occasion may require, aid the society so incorporated, its officers, members, and agents, in the enforcement of all laws which now are or may hereafter be enacted relating to or affecting children. SEC. 5. The provisions of this Act shall not extend or Act, how apply to any association or individuals who shall, in the cer- applied. tificate filed as hereinabove provided, use or specify a name or style the same, or substantially the same, as that of any previously existing incorporated society in this State. SEC. 6. This Act shall take effect immediately. CHAP. DL. [See volume of Amendments to the Codes.] CHAP. DLI.-An Act prescribing the manner of counting the moneys in the hands of the County Treasurer of the County of Sacramento. [Approved April 3, 1876.] The People of the State of California, represented in Senate and . SECTION 1. The Treasurer of the County of Sacramento Books to be must permit the Chairman of the Board of Supervisors, examined. Sheriff, and Auditor of said county, or any two of them, to examine his books and count the money in the treasury whenever they may wish to make an examination or counting. moneys. SEC. 2. The Chairman of the Board of Supervisors, Sheriff, Counting of and Auditor, or any two of them, must, at least once in each month, count the money in the county treasury, and make and verify, in duplicate, statements showing: Code not to apply. Governor to appoint Directors. Directors to organize. Duties of First-The amount of money that ought to be in the treasury. Second-The amount of money and kind actually therein. SEC. 3. The County of Sacramento is hereby made exempt from the provisions of sections four thousand one hundred and sixty-five and four thousand two hundred and twenty-one of the Political Code. SEC. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 5. This Act shall take effect and be in force from and after its passage. CHAP. DLII.-An Act to regulate and govern the California [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. For the government and management of the California State Prison there shall be appointed by the Goyernor, on or before the first Monday in January, A. D. eighteen hundred and eighty, three Directors, two of whom shall hold office until the first Monday in January, A. D. eighteen hundred and eighty-two, and the other until the first Monday in January, A. D. eighteen hundred and eighty-four, or until their successors are appointed and qualified, and in the month of January, A. D. eighteen hundred and eighty-two, and in the same month, biennially thereafter, he shall appoint, by and with the advice and consent of the Senate, alternately, first, two Directors, and then one, who shall hold their offices for the period of four years and until their successors are appointed and qualified, and subscribe an oath of office which shall be indorsed on his commission. SEC. 2. Said Directors shall hold their first meeting within thirty days after the appointments as provided in section one of this Act, and at their meeting in January, biennally thereafter, elect one of their number President of the Board. SEC. 3. A majority of the Board shall constitute a quorum for the transaction of business, and no order of the Board shall be valid unless it is entered on the journal and is concurred in by two members. SEC. 4. It shall be the duty of the Directors: First-To prescribe rules and regulations for the government of the prison, specifying the duties of all the officers, and to revise and change the same, from time to time, as circumstances may require. At least two of said Directors shall visit the prison, in company, on the first Tuesday in each month, and examine all the different departments and audit all claims against them. The Directors shall order an inspection of the prison by one of their number, at least once in each month. Second-All of the Directors shall meet at the State Prison on the first Tuesday in January, April, July, and October, and in addition to the duties above described they shall examine the books and accounts of the Clerk and Steward. Third-To enter on their journal the result of all examinations, whether by a full Board or a portion thereof, and of all other official acts, which shall be signed by the members present. Fourth-On or before the fifteenth of November, and biennally thereafter, to report to the Governor the condition of the prison, together with a detailed statement of its receipts and expenditures, and such suggestions as its interests may require. Fifth-During their official visits to the prison, and of the Warden at all times, to hear any and all complaints that any prisoner or officer of the prison may wish to make, and a record of any complaint so made shall be kept in writing by the members of the Board or Warden; said record must be held strictly private and exhibited to none but the officers enumerated above. SEC. 5. The Directors shall appoint a Warden, who shall warden, take and subscribe an oath or affirmation faithfully to dis- bond of. charge the duties of his office, and enter into a bond to the State of California, in the sum of fifteen thousand dollars, with two good and sufficient freehold sureties, to be approved by the Directors and the Attorney-General of the State, conditioned for the faithful performance of the duties which may devolve upon him as such officer, and he shall hold his office for the term of four years from and after the first Tuesday in January next after his appointment, unless sooner removed by the Directors. SEC. 6. The Warden shall reside at the State Prison, in Duties of apartments to be assigned to him by the Directors, and to Warden. be furnished at the expense of the State in a plain and substantial manner, under the direction and supervision of the Directors; and it shall be his duty: First-To carefully supervise the government, discipline, and police of the prison. Second-To give all necessary directions to the inferior officers and guards, and to secure a careful and diligent discharge of their several duties. Third-To examine daily into the state of the prison, and the health, condition, and safety of the convicts. Fourth-To report to the Directors, at each quarterly meeting, the number of guards employed, their names and duties, and such other matters as may be required. Fifth-And generally to have charge of all the departments of the prison and its officers, as its executive head. appointed by SEC. 7. The Board shall appoint a clerk, a steward, a officers to be physician, and a teacher; and the Warden shall appoint, by Directors. and with the advice and consent of the Board, Superintendents of the yard, kitchen, shops, hospital, a Captain of the Guard, and as many guards as may be necessary, subject to the right of the Board, at any time, to order the number Duties of Deputy Warden. Contracts for supplies. increased or diminished. All persons so appointed shall take an oath of office, and enter into a bond to the State, with sureties satisfactory to the Board, that they will faithfully discharge the duties which devolve upon them: The Clerk, in the sum of five thousand dollars; the Steward, in the sum of eight thousand dollars; the Superintendents and Captain of the Guard, each in the sum of eight hundred dollars; and the guards, each in the sum of five hundred dollars. Each of said persons shall discharge the duties pertaining to his position under the direction of the Warden, and in pursuance of the rules and regulations of the Board, and of this Act. All officers appointed under the provisions of this section shall hold their offices for the period of four years, unless sooner removed as provided in section thirteen. SEC. 8. The Clerk shall keep the accounts of the prison in such a manner as to exhibit clearly all the financial transactions of it; he shall also keep a register of convicts, in which shall be entered the name of each convict, the crime of which he is convicted, the period of his sentence, from what county, by what Court sentenced, his nativity, an accurate description of his person, and if known, whether he has been previously confined in a State Prison in this or any other State, and when and how he was discharged. The Clerk shall also act as Secretary of the Board. SEC. 9. In addition to the duties which may be prescribed by the Board, the Deputy Warden shall, in the absence or disability of the Warden, or in case of his death, resignation. or removal, discharge all the duties of that office. SEC. 10. The Board of Directors are hereby authorized and required to contract for provisions, clothing, medicines, forage, fuel, and other supplies for the prison, for any period of time not exceeding one year; such contracts shall be given to the lowest bidder, at a public letting thereof, if the price bid is a fair and reasonable one, and not greater than the usual market value and price. Each bid shall be accompanied by a bond, in such penal sum as said Board shall determine, with good and sufficient sureties, conditional for the faithful performance of the terms of such contract. Notice of the time, place, and conditions of the letting of each contract shall be given for at least four consecutive weeks, in two daily newspapers printed and published in the City of San Francisco, and one newspaper printed and published in the City of Sacramento, and also four insertions in a weekly paper published in the county in which the prison is situated. If all the bids made at such letting are deemed unreasonably high, the Board may, in their discretion, decline to contract, and may again advertise for proposals, and may so continue to renew the advertisement until satisfactory contracts may be had, and, in the meantime, the Board may contract with any one whose offer may be regarded just and proper; but no contract thus made shall be let to run more than sixty (60) days, or shall in any case extend beyond the public letting. No bid shall be accepted, and a contract entered into [in]pursuance thereof, when such bid is higher than any other bid made at the same letting for the same article, |