and his heirs and assigns, upon the special trusts, and for the uses and purposes following, to wit:

1st. To lease the same, and to take, collect and receive the rents, issues and profits thereof, and out of the same to keep the said premises in good repair and properly insured, and pay all taxes and assessments and charges thereon.

2d. To pay the residue of said rents, issues and profits thereof, to the said C. D., upon her sole and separate receipt, to the intent that she may enjoy, possess and have the same, free from the control or interference of the said A. B., her husband.

3d. That in case of the decease of the said C. D., after the solemnization of the said marriage, and during the life of her said husband, the said E. F. shall convey the said land and premises to such person as she, the said C. D., by her last will and testament, or instrument in the nature of a last will and testament, subscribed by her, in the presence of two witnesses, may direct and appoint. And in default of such appointment, then and in that case the said land and premises shall be conveyed to such person or persons as would be the legal heir and representative of the said E. F., by the statute for the distribution of intestate estates.

4th. That in case of the decease of the party of the third part, or of his resignation of said trust, he, or his executors or administrators, shall convey the whole of the trust estate to such person, or persons, as may be appointed in writing by the party of the second part, to be the trustee, or trustees, under this indenture; and such new trustee, or trustees, shall have all the powers, and shall hold the trust estate subject to all the provisions, herein set forth and expressed.

And the said party of the first part doth hereby signify his assent to the provisions of this indenture, and doth covenant to and with the said party of the third part, and his successors in the said trust, to permit the said party of the second part, after the solemnization of the said intended marriage, to receive the aforesaid profits to her sole and separate use, and freely to dispose of the trust estate, by her will, or by her testamentary appointment, and not to interfere with the said trust estate, rents, issues, &c.

In witness [as in other forms.]

Deed of Trust for Benefit of Wife.

This indenture, made, &c., witnesseth, &c. [as in other forms], all that certain lot, piece, or parcel of land, situate, lying, and being in said city of San Francisco, bounded and described as follows, to wit: [here insert description] and also all and singular the house

hold furniture, goods and chattels now in the dwelling-house on said premises, together with all and singular the buildings, tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the right, title, interest, estate, property, possession, claim, and demand whatsoever, both at law and in equity, of the said parties of the first part, in and to the above-described premises, and every part and parcel thereof, with the appurtenances; to have and to hold all and singular the above-mentioned and described premises, household furniture, &c., together with the appurtenances unto the said party of the second part, his heirs and successors forever: in trust, nevertheless, for the sole and separate use, benefit, and behoof of said wife of said her heirs and assigns forever, free from the control and disposition, and from the debts and liabilities of her said husband, and to collect and receive the rents, issues, and profits thereof, and pay over the same, when and as received, to said to and for and to be applied to her sole and separate use, free from the control and disposition, debts and liabilities of her said or any future husband.

In witness whereof, the said parties of the first part have hereunto set their hands and seals, the day and year first above

City and County of San Francisco,

}

ss:

[L. S.]

[L. S.]

Know all men by these presents: That I, Mary Barlow, of said city and county, wife of John Barlow, residing in the city and county of San Francisco and state aforesaid, do hereby declare and make known my intention to carry on business on my own account, and in my own name as sole trader, in pursuance of an act of the legislature of the state of California, entitled, " An Act to authorize Married Women to transact Business in their own Name as sole Traders;" approved April 12, 1852. And I further declare, that said business will be the business of a boardinghouse, and will be carried on and practised in said city and county of San Francisco, and that the amount of capital invested in this business does not exceed five thousand dollars; [does not exceed eight thousand dollars-and the said Mary Barlow further declares, that the excess of money above five thousand dollars, did not come from any fund or funds belonging to her said husband.]

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,

SS:

On 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 county aforesaid, the day and year last above written. THOMAS WILLIAMS,

Notary Public. [L. 8.]

CHAPTER XXII.

THE INSANE, INDIGENT, SICK, POOR AND VAGRANTS.

INSANE PERSONS.

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

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

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