In witness whereof, I have hereunto set my hand and seal, this first day of July, A. D. 1859. MARY BARLow. [L. S.] In presence of THOMAS WILLIAMs.

State of California, City and County of San Francisco, n this first day of July, A. D. 1859, before me, Thomas Williams, a notary public in and for the county aforesaid, personally appeared Mary Barlow, wife of John Barlow, personally known to me to be the individual described in, and who executed the above declaration as a party thereto, and that said Mary Barlow, wife of the said John Barlow, having been by me first acquainted with the contents of said instrument, acknowledged to me on an examination apart from and without the hearing of her said husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her said husband, and that she does not wish to retract the execution of the same. In witness whereof, I have hereunto set my hand and affixed my official seal, in the o the day and year last above written. OMAS WILLIAMs, Notary Public. [L. S.]

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C H A P T E R X. X II.


THE Insane Asylum of the state of California is under the management of a board of trustees, consisting of five members, chosen by the legislature. The resident physician is elected in like manner, and holds his office for two years, at a yearly salary of five thousand dollars. He is also the superintendent and chief executive officer of the Asylum. He appoints, with the approval of the trustees, the necessary and proper number of assistants and attendants. An assistant physician is also appointed, who performs such duties as may be directed by the superintendent, and prescribed by the by-laws." The provision of the statute regulating the admission of patients to the Asylum, as amended by the act of 1859, is as follows: The county judge of any county in this state shall, upon application of any person under oath, setting forth that any person by reason of insanity is unsafe to be at large, or is suffering under mental derangement, cause the same person to be brought before him at such time and place as he may direct; and the said county judge shall also cause to appear at the same time and place two respectable physicians, who shall proceed to examine the person alleged to be insane, and if said physicians, after careful examination, shall certify upon oath that the charge be correct, also to the name of the patient, age, birth-place, length of residence, state last from, previous habits, apparent cause of insanity, length of time affected, class of insanity, and present condition of the person affected, as near as may be ascertained, of every lunatic person so examined, and if such judge be satisfied that such person is by reason of insanity unsafe to be at large, he shall direct the sheriff of the county to convey to and place in the Insane Asylum such lunatic person, and shall transmit a copy of the physicians' certificate to the resident physician of said asylum. The county judge shall also cause inquiry to be made into the ability or inability of such insane person to bear the charge or expense for the time he may remain in the asylum, and he shall certify the result of the inquiry to the trustees of the asylum, and in those cases where the insane person possesses the ability to pay this expense, the trustees shall require a deposit at the time of admission, and from time to time, in advance, so long as the insane person remains an inmate of the asylum. An indigent insane person is sent to the asylum at the expense of the county from whence he is certified; and, in the event of his death, his funeral expenses are furnished from the same source. He is treated there without charge, and is entitled to the same medical care and treatment as paying patients, and to good and wholesome diet.' Whenever any convict confined in the state prison shall, in the opinion of the physician of the prison, be insane, and should be removed to the Insane Asylum, the physician shall make oath to the same before the county judge in the county in which the said prison is located, and said judge shall summon two competent physicians to examine the alleged case of insanity, and if in their opinion the said convict is of unsound mind and should be removed, the judge shall send the statement of said physicians, with his opinion, to the governor, who is hereby authorized, in his discretion, to remove said convict to the State Insane asylum.” Should said convict recover his sanity before the expiration of his term of sentence, the resident and assistant physician of the Asylum shall certify the same to the governor, who, upon the receipt of such certificate, shall order said convict to be sent back to the state prison.” An act committed by a person in a state of insanity cannot be published as a public offence, nor can a person be tried, adjudged to punishment or punished for a public offence, while he is insane." If the question of insanity arise upon the trial, or upon pronouncing judgment, a jury is summoned to try, and pass upon the same; and if the defendant be found to be insane, his trial or judgment is suspended until he become sane—and, if necessary, the court may order him into the keeping of the sheriff or some proper person.” When an insane person has property, the Probate Judge is authorized, after the insane person has been notified, and has been produced for examination, to appoint a guardian to take charge of such insane person and of his property, and to have the control and management of the same, with like authority as a guardian for a minor.” A guardian may be appointed in like manner and with like authority for any person, who, by reason of extreme old age, or other cause, is mentally incompetent to manage his property.”

* Wood's Dig. art. 87-99.

1 Wood's Dig. art. 102 and 103. * id. 105.


For the care, aid and medical treatment of the indigent sick of a county, it is provided that the board of supervisors shall use the portion of the hospital fund provided by the state, apportioned to such county, and levy a county tax annually."

With the means thus provided, the supervisors are required to provide the buildings, and procure the medical aid and attendance that may be necessary."

Applications by indigent sick persons for medical aid and for admission to the hospital, are made to the supervisors, or the physician by them appointed."


Benevolent associations may be formed and incorporated for the care and protection of sick and disabled, or unprotected and needy persons, orphans, foundlings, &c. See chapter on CoRPORATIONS.

1 Wood's Dig. art. 1778. 3 id. 2872. 2 id. 1774–1780. *id. 8275–8281.


All persons, except Digger Indians, who have no visible means of living, who, in ten days do not seek employment, nor labor when employment is offered to them; all healthy beggars who travel with written statements of their misfortunes; all persons who roam about from place to place without any lawful business; all lewd and dissolute persons who live in and about houses of ill-fame; all common prostitutes and common drunkards, may be committed to jail, and sentenced to hard labor for such time as the court before whom they are convicted shall think proper, not exceeding ninety days.'


The statutes of both Oregon and Washington in relation to the poor and indigent sick, provide that the county commissioners are invested with the superintendence of the poor of their county. They are authorized to build a workhouse, and to take care of such paupers and sick people of the county as are without relatives. Where any person likely to become a county charge has relatives, they are compelled to provide for such pauper; children being first called upon, next parents, and next the brothers and sisters, when they have sufficient ability.”

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The same statute exists in Oregon, relative to the appointment of a guardian for an insane person as in California, and the proceedings are had in like manner, and the guardian appointed has like authority. The words “insane person,” are made to include “every idiot, every person not of sound mind, every lunatic and distracted person.”

1 Wood's Dig, art. 3450. * Statutes O. p. 393 and 896, * Statutes O. p. 505, 506; Statutes W. p.395,396.

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