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charge, or likely soon to become so; such commutation to be fixed by the commissioner at such sum as he may deem sufficient to defray the necessary expenses of such persons during the continuance of their then sick, disabled, or infirm state.

Legislation § 2960. Enacted March 12, 1872; based on Stats. 1852, p. 81, $ 9, as amended by Stats. 1853, p. 71.

§ 2961. Commutation-money to be paid into state treasury. The commissioner receiving any commutation-money, or any moneys from fines or penalties, under this chapter, must account for and pay the same, less twenty per cent, which he may retain as his compensation, on the first Tuesday of every month, to the treasurer of state, in the same manner in which county treasurers account. He must specify in his account the names of the parties paying each sum of money, the date of such pay ment, for what paid, or the name of the vessel and the number of passengers on account of whom it was paid, or annex thereto an affidavit of its correctness. The commissioner must also furnish to the parties paying any commutation-money, or any money from other sources, receipts in duplicate, specifying the amount paid, the name of the vessel, and the number of passengers on account of whom or for what it was paid. (Amendment approved 1874; Code Amdts. 1873-74, p. 41.]

Commutation-money: See ante, $ 2960.
Compensation of commissioner: See ante, $ 2955.

Legislation § 2961. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 41.

§ 2962. Certain vessels exempted. Masters of vessels arriving at any of the ports of this state from any port in this state, or from Oregon, or Washington Territory, [state,] are exempt from making the statement required by this chapter when the vessels in which they arrive have not taken on board at their port of departure, or at any intermediate port, any alien passenger, to be landed at the port of arrival; and masters of vessels arriving from Panama are also exempted from the provisions of this chapter when they have not landed, or are not about to land, passengers who took their departure from ports other than the port of New York; and in no case must such master be required to report any passenger other than way passengers taken on board between the port of New York and the port of arrival in this state.

Legislation § 2962. Enacted March 12, 1872; based on Stats. 1852, p. 83, § 13, as amended by Stats. 1862, p. 487, $ 4.

§ 2963. Certain persons exempted. The consuls, ministers, agents, or other public functionaries of any foreign government, arriving in this state in their official capacity, are exempt from the provisions of this chapter.

Legislation § 2963. Enacted March 12, 1872; based on Stats. 1852, p. 83, § 13, as amended by Stats. 1862, p. 487, $ 4.

§ 2964. Powers and duties of commissioners of immigration. The commissioner of immigration must approve all bonds and administer all oaths required in the discharge of his duties. Whenever it appears that the master or commander of any vessel has not made a full and correct report, as provided by this chapter, the commissioner must inquire into the same, and for that purpose may require the attendance of witnesses

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before him in the same manner as notaries public may in civil cases. Testimony so taken may be read as evidence on the trial of any action commenced for any penalty or forfeiture accruing under the provisions of this chapter in the same manner and with the like effect as if regularly taken in such action.

Notaries public, attendance of witness before: Ante, ş 794, subd. 3.

Legislation & 2964. Enacted March 12, 1872; based on Stats. 1852, p. 82, § 12, as amended by Stats. 1863, p. 150, § 1; Stats. 1869-70, p. 331, $ 4.

$ 2965. Same and fees. The commissioner of immigration must prepare all bonds required to be given by the owners or consignees, masters, captains, or commanders of vessels, and administer the oaths to the sureties upon such bonds, and for each boud he may charge and collect a fee of three dollars, and for the administration of each oath he may charge one dollar; and if he neglects to administer the oath to such sureties, or to require them to justify on each bond, as required herein, or if he demands or receives any other or larger fees, commissions, or compensation for services than is expressly allowed in this chapter, he shall pay to the state of California the penal sum of one hundred dollars for each offense,

Bond and sureties: Ante, $ 2954.

Legislation & 2965. Enacted March 12, 1872; based on Stats. 1852, p. 80, 8 5; Stats. 1862, p. 487, § 5; Stats. 1869-70, p. 331, $ 5.

§ 2966. Ex officio commissioners. In all the ports in this state other than San Francisco the mayor or chief municipal officer at such port, or if there be none such, then the sheriff of that county is ex officio commis. sioner of immigration for such port, and in carrying out the provisions of this chapter, and has all the powers and is liable to all the penalties provided herein.

Legislation § 2966. Enacted March 12, 1872; based on Stats. 1862,

P. 487.

§ 2967. Duties of district attorneys under this chapter. [Repealed 1874; Code Amdts. 1873–74, p. 42.]

Legislation & 2967. 1. Enacted March 12, 1872; based on Stats. 1862, p. 488, $ 7. 2. Repealed by Code Amdts. 1873–74, p. 42.

8 2968. Bond of commissioner. The commissioner of immigration for the port of San Francisco must execute an official bond in the sum of twenty-five hundred dollars. [Amendment approved 1876; Code Amdts. 1875–76, p. 55.]

Official bonds: See ante, $ 947 et seq.

Legislation & 2968. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1875–76, p. 55.

§ 2969. Disposition of funds. All moneys received by the state controller from the office of commissioner of immigration shall constitute a special fund, to be designated as "the leprosy fund.” The commissioner of immigration is hereby authorized and required to pay into the state treasury, monthly, in the same manner as county treasurers account, all per capita fees collected by him, and moneys derived from fines, penalties, and forfeitures. The state controller is hereby authorized and required to audit the salary and office expenses of the commissioner of immigration monthly, the same to be paid in the controller's warrants on said special fund; provided, however, that no such account of salary and office expenses shall be audited in excess of the amount of “leprosy funds" on hand, and no liability shall accrue to the state for any deficiency relating thereto.

Sec. 2. The commissioner of immigration shall not appoint more than one deputy, and the salary of said deputy is hereby fixed at one hun. dred dollars per month; and furthermore, the governor is hereby authorized to suspend the payment for said deputy whenever the employment of the same may be deemed in his judgment unnecessary.

Sec. 3. The commissioner of immigration shall hold office during the governor's pleasure.

Holds at pleasure of governor: See ante, $ 369.
Compensation of commissioner: See ante, § 2955, 2961.
Legislation & 2969. Added by Stats. 1883, p. 368.


Preservation of the Public Health.
Article I. State Board of Health. $8 2978-2984.

II. Vaccine Agent. $ $ 2993, 2994.
III. Health and Quarantine Regulations for the City and Harbor

of San Francisco. $$ 3004-3035.
IV. Health Regulations for the City of Sacramento. $8 3042-

3019. V. Health and Quarantine of Other Cities, Towns, and Harbors. 88 3059-3064.


State Board of Health, $ 2978. Who constitute the state board. $ 2979. Powers and duties of board. § 2979a. Duties of coroner regarding contagious diseases. Duties of

physician. Duties of state board of health. § 2980. To report as to the effect of intoxicating liquors. 8 2981. Meetings of state board of health. Secretary. Expenses. $ 2982. Secretary, salary and duties. Assistant. § 2983. Expenses of, limited. [Repealed.] 8 2984. Rules of state board of health: duty of local boards. Reports

to state board. Registration of deaths. $ 2978. Who constitute the state board. The state board of health shall consist of seven duly licensed and practicing physicians of this state, appointed by the governor for the term of four years. (Amendment approved 1905; Stats. 1905, p. 398.)

State board of health:

Appointment and term: Ante, $ 368, subl. 2, § 369.

Legislature to provide for maintenance and efficiency of: Const., art. XX, $ 14. Number of members composing: Ante, $ 343.

ort of: Ante, $$ 332, 334. Legislation § 2978. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 329, § 1. 2. Amended by Stats. 1905, p. 398.

$ 2979. Powers and duties of board. The state board of health shall examine into the causes of communicable diseases in man and domestic animals occurring or likely to occur in this state.

It may quarantine or isolate, inspect and disinfect persons, animals, property and things of whatever nature, and houses, rooms, places, cities or localities, whenever in the judgment of said board or pending its meeting, whenever in the judgment of its executive officer such action shall be deemed necessary to protect or preserve the public health; and said board may destroy or cause to be destroyed, bedeling, carpets, household goods, furnishings and materials, clothing or animals, when in the judgment of said board or that of its executive officer such clothing, furnishings, bedding, goods, materials or animals are an imminent menace to the public health.

It may establish and maintain places of quarantine or isolation.

It shall bave sanitary control of all public buildings or places owned, leased or controlled by the state, and no officer or person having charge of the erection of any public building owned or controlled by the state shall proceed with the construction thereof until the state board of health shall, in writing, have approved the plans and specifications there. for, in so far as the same may, in any way, affect the sanitation thereof.

It shall cause special investigation of the sources of mortality and the effects of localities, employments, conditions and circumstances on the public health, the preparation and sale of drugs and food and the adulteration thereof.

It must perform suah duties as are or may be required by law for the detection and prevention of the adulteration of articles useil for food and drink, and for the punishment of persons guilty of violation of any law providing against such adulteration.

It shall examine and have power to prevent the pollution of sources of public domestic water and ice supply.

It shall have power to prepare or purchase and distribute at cost antitoxins, vaccine and other approved serums and lymphs.

It shall maintain a bureau of vital statistics under the supervision of its executive officer, where shall be collected and recorded all births, marriages and deaths, burials and cremations within the state. These statistics together with the number of cases of communicable diseases, and such further comparative statisties and information as may be deemed of value to scientists, the medical profession, the general public and aid in the maintenance good health conditions may be published by the board in such manner and at such times as it may deem proper.

It shall have power to prescribe and enforce regulations for the embalming, cremation, burial, disinterment and transportation of the dead.

It shall have power to prescribe the form of certificates of birth and death, and of permits for burial, disinterment, cremation and transportation of the dead, and provide measures for their observance; and whenever the board, or when it is not in session, its secretary, shall so order, no burial permit shall be issued until after the body has been inspected by the state board of health or some one designated by it or its secretary for the purpose.

It shall have power to abate public nuisances. It may advise all local health authorities, and, when in its judgment the public health is menaced, it shall control and regulate their action.

It shall have general power of inspection, examination, quarantine and disinfection of persons, places and things, within the state, and for the purpose of conducting the same may appoint inspectors, who, under the direction of the board, shall be vested with like powers; provided that this act shall in no wise conflict with the national quarantine laws.

It shall have power to commence and maintain all proper and necessary actions and proceedings to enforce its regulations, to enjoin and abate nuisances dangerous to health, to compel the performance of any act specifically enjoined upon any person, officer or board, by any law of this state relating to the public health, and to protect and preserve the public health; also to defend all actions and proceedings involving its powers and duties; and in all such actions and proceedings it shall sue and be sued under the name of the state board of health.

It shall have power to adopt and enforce rules and regulations for the execution of its duties under this section. It shall at each biennial session of the legislature make a report with such suggestions as to legislative action as it deems proper. (Amendment approved 1909; Stats. 1909, p. 49.]

Willful violation of health laws, punishment for: Pen. Code, § 377.

Failing to perform duty required under laws for preservation of health, if willful, is misdemeanor: Pen. Code, $ 378.

Acts relating to state board of health: See Gen. Laws, tit. “Public Health."

Act to regulate quarantine: See Gen. Laws, tit. "Quarantine."

Act to provide for state analyst: See Gen. Laws, tit. “State Analyst."

Duty to maintain bureau of vital statistics: See post, $ 3074.

Legislation § 2979. 1. Enacted March 12, 1872; based on Stats. 1869–70, p. 329, § 2. 2. Amended by Stats. 1905, p. 398. 3. By Stats. 1909, p. 49.

§ 2979a. Duties of coroner regarding contagious diseases. Duties of physician. Duties of state board of health. It is the duty of each coroner, and of every county, city and county, city or town health officer, and every member of the local board of health, knowing, or having reason to believe that any case of cholera, plague, yellow fever, leprosy, diphtheria, scarlet fever, smallpox, typrus fever, typhoid fever, anthrax, glanders, epidemie cerebrospinal meningitis, tuberculosis, pneumonia, dysentery, erysipelas, uncinariasis or hookworm, trachoma, dengue, tetanus, measles, German measles, chickenpox, whooping-cough, mumps, pellagra, beriberi, syphilis, gonococcus infection, rabies, poliomyelitis, or any other contagious or infectious disease exists, or has recently existed, within the city, county, city and county, town, or township of which he is such officer, to take such measures as may be necessary to prevent the spread of such disease, and to report at once in writing such cases to the secretary of the state board of health at Sacramento.

It is also the duty of every attending or consulting physician, nurse, or other person having charge of or caring for any person afflicted with any of said contagious diseases, to report at once in writing to the local board of health or local health officer the nature of the disease, the name of the person aftlicted and the place of his or her confinement; provided, however, that syphilis and gonococcus infection shall be reported by office number only.

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