Imágenes de páginas
PDF
EPUB

prescribed by said laws and regulations of the navy department for the naval militia.

The captain and commanders for line duty shall be elected and hold office as prescribed in this chapter for officers of similar grades of regiments of infantry. All other officers, except division and marine company officers, shall be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia and shall hold office as prescribed in this title for officers of similar grades of regiments. All elections for officers of the naval militia shall be ordered by by the commander-in-chief. The commissioned officers of each division and marine company shall be elected in the same manner and hold office as prescribed in this title for company officers of the national guard.

Officers of the naval militia may be retired as provided in section 1963 and section 1963a of this chapter.

Except as otherwise provided in this chapter, all officers of the naval militia, prior to being commissioned consequent upon an election or appointment shall be subject to examination as to qualifications and general fitness for the service by a board of officers to be detailed by the commander-in-chief. Chief warrant officers may be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia and shall receive from the commander-in-chief a commission in the same form as commissioned officers of the naval militia. Warrant officers may be appointed by the adjutant-general upon the recommendation of the commanding officer of the naval militia and warrants for warrant officers may be issued by the adjutant-general upon the recommendation of the commanding officer of the naval militia. Chief petty officers and petty officers shall be appointed by the commanding officer of the naval militia, who shall issue to such chief petty officers and petty officers a warrant in proper form.

The organization of the naval militia shall conform generally to the provisions of the laws of the United States. The system of discipline and exercise shall conform as nearly as practicable to that of the navy of the United States as it is now and as it may hereafter be prescribed by Congress and that prescribed by the provisions of the Political Code relating to the national guard of California, and that prescribed by the secretary of the navy for the guidance of the naval militia; the commander-in-chief shall have power to alter, divide, annex, consolidate and disband the naval militia or any portion thereof whenever in his judg. ment the efficiency of the state forces will thereby be increased, and he shall have power to make such rules and regulations as may be deemed proper for the use, government and instruction of the naval militia; but such rules and regulations shall conform as nearly as practicable to those governing the United States navy and those prescribed by the secretary of the navy for the conduct of the naval militia. The commander-inchief is authorized to apply to the President of the United States for the detail of commissioned officers and petty officers of the navy to act as inspectors and instructors in the art of naval warfare. Summary courtsmartial for the naval militia when necessary shall be ordered by the commanding officer of the naval militia and general courts-mar for the naval militia when necessary shall be ordered by the commander-in chief and shall be organized and conducted within the laws, regulations and usages of the United States navy and the provisions of the section relating to military courts in this chapter. The proceedings shall be reviewed and sentence executed as provided in this chapter. Vessels loaned by the United States government to the state of California for the use of the naval militia shall be commanded by the ranking officer for line duty resident at the port to which said vessel is assigned, and in the absence of such ranking officer for line duty by the next ranking officer for line duty.

In a locality where there are insufficient men available to form an engineer division and there already exists an organized deck division, men of the artificer branch may be additionally enrolled in such deck division with such ratings as they may be qualified to fill, until such time as there is a sufficient number of them to form a separate engineer division, and any men in such artificer branch may be rated in the various petty officer's ratings in the artificer branch of the naval service which they are qualified to fill. In a locality where there are insufficient men available to form a marine company and there is already existing in that locality a deck division of the naval militia, a marine section may be organized with one officer and not less than twenty enlisted marines. (Amendment approved 1915; Stats. 1915, p. 679.]

Legislation § 2112. 1. Added by Stats. 1905, p. 283. 2. Amended by Stats. 1907, p. 833. 3. By Stats. 1909, p. 637. 4. By Stats. 1911, p. 331. 5. By Stats. 1913, p. 1118. 6. By Stats. 1915, p. 679. See supra, Legislation Article 18.

TITLE V.

Public Institutions. Chapter I. State Commission in Lunacy, State Hospitals, and Care, Cus

tody, Apprehension, Commitment of Insane and Other In

competent Persons. 88 2136-2199. Ib. The Industrial Home of the Adult Blind. 88 2207-2207k. Ic. The Women's Relief Corps Home of California. $ $ 2210

2210g.
II. California School for the Deaf, Dumb and the Blind. Articles

I-IV. $$ 2236-2282.
Ila. Orphan Asylums. $8 2283–2290.
III. State Library. $$ 2292-2305.
IV. Supreme Court Library. $8 2313-2316.
IVa. State Commission of Horticulture. $8 2319-2319j.
IVb. County Boards of Horticulture. $$ 2322-2322e.
V. Other Public Institutions. $$ 2326-2328.

CHAPTER I. State Commission in Lunacy, State Hospitals, and Care, Custody, Appre

hension, Commitment of Insane and other Incompetent Persons. $ 2136. Lunacy commission, to consist of whom. $ 2137. Superintendent of state hospitals., Salary. $2138. Office-rooms.

2139. The seal of the commission. $ 2140. Expenses of commission, how paid. $ 2141. General powers of commission. § 2142. General duties of commission. $ 2142a. Special investigations by commission. 1 2143. Visits, examinations, and reports. $ 2144. Information to be furnished to lunacy commission. $2145. State hospitals for insane. For feeble-minded children. $ 2146. Property of state hospitals. 12147. Managers of the state hospitals, and their appointment. | 2148. Managers, eligibility of, and causes of forfeiture of office. $ 2149. Managers' compensation. $ 2150. Powers and duties of the managers. $ 2151. Limitation upon the powers of managers. $ 2152. Appointments by board of managers of state hospitals. $ 2153. Medical superintendents. Duties of. 12153a. Powers and duties of medical superintendent. $ 2153b. Educational director for home for feeble-minded. $2154. Salaries of state hospital employees. 12155. Removals. $2156. Residence on premises. $ 2157. Restrictions on physicians and medical superintendents. 2158. Contingent fund, how used. 12159. Duties of the treasurer. 2160. Financial statements. $2161. Duties of business manager. $2162. Expenditures, restrictions on. 12163. Hospitals may manufacture supplies. $2161. Oath of office. $2165 Inventories by medical superintendents.

$ 2165a. Prohibition of actions.
§ 2166. Recommendations, and their filing.

2167. Detention hospitals. $ 2167a. Medical examiners, certificates required. § 2167b. Psychopathic parole act. § 2168. Insanity, affidavit for arrest for. Warrant of arrest. Certifi

cate of service. $ 2169. Attendance and exam ion of witnesses. $ 2170. Certificate of examiners, form of. $ 2171. Judgment. Commitment, form of. $ 2172. Delivery of committed person to hospital. § 2173. Right to refuse to receive person committed. § 2174. Jury trial. § 2175. Costs of proceedings. § 2175a. Limitations with respect to imbecile persons. $ 2176. Support, who liable for. $ 2177. Insane not in state hospitals, inquiry as to. $ 2178. Duties of district attorneys. $ 2179. Estates of insane, guardians of. § 2180. Maintenance, monthly rate for. § 2181. Payment for maintenance, how enforced. § 2181a. Disposition of unclaimed moneys of patients. Record of pro

ceedings. § 2182. Suits against relatives. $ 2183. Duties of officers respecting insane poor. $ 2184. Homeopathic treatment. § 2185. Admissions under special agreements. $ 2185a. Admission of insane soldiers and sailors. § 2185b. Voluntary patients in state hospitals. $ 21856. Arrest of inebriates and drug habitues. May be confined in hos

pital. Recommitment of person discharged. $ 2186. Superintendent's duty to examine new patients. § 2187. Transfer of patients from one hospital to another. $ 2188. Habeas corpus. § 2189. Discharge of patients. Certificate of discharge. Application for

discharge. Hearing. $ 2190. Clothing of discharged patients. $ 2190a. Escaped patients. $ 2191. Return of insane person to other state or country. $ 2192. Petition to commit inebriate, etc., to home. Financial condition

of parent. $ 2193. Moneys due state. § 2194. Admission of incompetents by agreement. $ 2195. Life-tenure patients at Sonoma home. $ 2196. Private hospitals. $ 2197. Actions for costs, etc., in insanity cases. $ 2197a. Interest on claims against county. $ 2198. Interpretation. $ 2199. Reservations.

Legislation Chapter I. 1. Enacted March 12, 1872, the title of the chapter then being "Insane Asylums," and was subdivided into Arti. cles I-VI, the titles and sections of which were: Article I. The Board of Directors of the Insane Asylum ($8 2136-2140). Article II. Medical Superintendent ($$ 2150-2155). Article III. Assistant Physicians (882165-2169). Article IV. Treasurer ($ $ 2179–2183). Article General Provisions (S$ 2193–2220). Article VI. Examination and Committal of Insane Persons ($S 2210-2222). See citations to these sections, infra. 2. Repealed by Stats. 1903, p. 485, by "An Act to

V.

repeal Chapter I of Title V of Part III of the Political Code, and to substitute therefor a new Chapter 1," etc., the new chapter sub. stituted by this act being materially amended in 1909.

§ 2136. Lunacy commission, to consist of whom. There shall continue to be a state commission in lunaey 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 attorneygeneral, the assistant attorney-general, or any deputy 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. [Amendment approved 1909; Stats. 1909, p. 56.]

Legislation § 2136. 1. Added by Stats. 1903, p. 486. 2. Amended by Stats. 1909, p. 56. For original code $ 2136, see ante, Legislation Chapter I.

§ 2137. Superintendent of state hospitals. 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 shall be fixed by the commission, and cannot be changed during his term of office, and shall be paid at the same time and in the same manner as are the salaries of other state officers. (Amendment approved 1909; Stats. 1909, p. 57.]

Legislation § 2137. 1. Added by Stats. 1903, p. 487. 2. Amended by Stats. 1909, p. 57. For original code $ 2137, see ante, Legislation Chapter I.

§ 2138. Office-rooms. 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 month. It may hold other meetings at such office, or elsewhere, at such times as it may be deemed necessary. [Amendment approved 1909; Stats. 1909, p. 57.]

Legislation § 2138. 1. Added by Stats. 1903, p. 487. 2. Amended by Stats. 1909, p. 57. For original code § 2138, see ante, Legislation Chapter I.

$ 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.

Legislation & 2139. Added by Stats. 1903, p. 487. For original code $ 2139, see ante, Legislation Chapter I.

$ 2140. Expenses of commission, how paid. The reasonable expenses of the commission, and the salaries of the necessary employees must be paid by the treasurer of state on the warrant of the controller, out of

« AnteriorContinuar »