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CHAPTER XIV.

AN ACT

Fixing the times of holding the terms of the County Courts, ,

Courts of Sessions and Probate Courts in and for Butte
County.

(Approved February 14, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Terms.

County Court, when held.

Court of Sessions when held.

Probate Court, when held.

Section 1. There shall be held in the county of Butte, in each year, four regular terms of the County Court, Court of Sessions, and Probate Court, each.

Sec. 2. The regular terms of the County Court shall be held on the first Monday in February, May and August, and on the fourth Monday in November of each year, and shall continue from term to term, unless all the business of the term be sooner disposed of.

Sec. 3. The regular terms of the Court of Sessions, shall be held on the second Monday in February, May and August, and on the first Monday in December of each year, and shall continue from term to term unless all the business be sooner disposed of.

Sec. 4. The regular terms of the Probate Court shall be held on the fourth Monday in February and May, on the third Monday in August, and on the second Monday in December of each year, and shall continue from term to term unless all the business be sooner disposed of.

Sec. 5. The provisions of “An Act of the Legislature passed May 19, A. D., 1853," entitled “An Act concerning the Courts of Justice of this State and Judicial Officers," and the provisions of an Act of the Legislature, passed March 20, A. D., 1854, entitled “ An Act to amend an Act concerning the Courts of Justice of this State and Judicial Officers," so far as they conflict with the provisions of this Act only, are hereby repealed.

Sec. 6. This Act shall take effect March 1, 1855.

Repoal.

CHAPTER XV.

AN ACT

To change the time of holding Courts of Sessions and County

Courts in the County of Napa.

(Approved February 14, 1855.)

The People of the State of California, represented in Senate and

Assembly do enact as follows :

SECTION 1. The Court of Sessions in and for Napa County, shall
be held at the county seat of said county, on the first Monday of Terms.
August, December and April of each year.
SEC. 2. The County Court of said county shall be held on the

County Court, second Monday of August, December and April of each year, and when held. the Probate Court of said county shall be held on the third Mon- Probate Court, day of August, December and April of each year.

Sec. 3. This Act shall take effect from and after its passage.

Sec. 4. Sections forty-six, fifty-nine and sixty-five of “an Act concerning the Courts of Justice of this State and Judicial Officers,” passed May 19, 1853, so far as the same relate to the Repeal. county of Napa, are hereby repealed.

when held.

Effect.

CHAPTER XVI.

AN ACT

To Fund the Debt of Contra Costa County, and to provide for

the payment of the same.

(Approved February 14, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

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debt of Contra

SECTION 1. With a view to fund the debt of the County of Con-To fund the tra Costa, in this state, and to provide for the payment thereof, the Costa County. Treasurer of said county shall cause to be prepared bonds for an Treasurer to amount equal to the present county indebtedness, together with all have bonds

prepared. indebtedness that shall have accrued on or before the first day of April, one thousand eight hundred and fifty-five ; said bonds shall be of the denominations of one hundred and five hundred dollars each, Denomination

of bonds. and each and every bond shall purport in substance that the county

Purport
of bonds.
Interest
10 per cent.
To be paid in
New York.
When paid.

Seal of the county

style of

to examine warrants and

are correct.

considered

of Contra Costa owes to the holder thereof, a sum to be expressed therein, bearing an interest of ten per cent. per annum from the date of issue ; the interest to be paid on presentation at the city of New York, on the first day of July, eighteen hundred and fifty-five, and

on the first day of January and July of every year thereafter, until Bonds payable said bonds shall be paid and liquidated ; said bonds shall be due and at San F'rancisco. payable at the city of San Francisco, California, on or before the When payable. first day of April, one thousand eight hundred and seventy; said By whom bonds shall be signed by the Funding Commissioners hereinafter signed.

named ; countersigned by the County Auditor, and endorsed by the County Treasurer, and shall have the seal of the county annexed

thereto. Funding

Sec. 2. Robert N. Wood, B. S. Hines, and Daniel Small, are Commissioners. hereby appointed Commissioners for the funding of the indebtedness

of Contra Costa county, by the name and style of Funding ComCommissioners. missioners of Contra Costa county.

Sec. 3. It shall be the duty of said Commissioners to keep an Duty of.

account of the number, denomination, and amount of all bonds signed

by them, in accordance with the provisions of this Act. It shall be County Auditor. the duty of the County Auditor to furnish the Commissioners afore

said a certified copy of the record of warrants issued from his Commissioners office since the organization of the county, and this within twenty

days after the passage of this Act. It shall be the duty of the said ascertain if they Commissioners to examine all warrants presented for funding, and

ascertain if they are the true and correct ones issued, according to

the County Treasurer's and Auditor's books, corresponding with the No others

entries therein; and no other than those shall be considered true and lawful to be

lawful warrants to be funded, and it shall be the duty of the ComCommissioners missioners aforesaid, and County Auditor each, to keep a separate

record of all such bonds, together with the coupons, as may be record of bonds issued, showing the number, date and amount of said bonds and couTo whom issued. pons, and to whom the same were issued. Coupons shall Sec. 4. Said bonds shall have coupons annexed thereto ; said of interest duo. coupons shall express the amount of interest due at the respective When payable. periods herein named, when payable, and shall be signed by said By whom

Commissioners, Auditor, and Treasurer, as prescribed for the signed

, County Trea

Bonds.

Sec. 5. When any coupon shall be paid under the provisions of paid.

this Act, it shall be the duty of the County Treasurer to cancel the

same in the presence of the County Judge and County Auditor, and Auditor to make said Auditor shall make a certificate thereof, and record the same,

which shall be signed by said County Judge, Auditor, and Treassigned. County Trea- Sec. 6. The County Treasurer shall pay out of the County Treahaving bonds sury, out of any money not otherwise appropriated, any and all exprepared, uot to

penses he may incur in having said bonds prepared, the sum so paid thousand dollars. Out not to exceed one thousand dollars.

Sec. 7. From and after the passage of this Act, all persons

having any indebtedness of said county of Contra Costa, which acagainst county crued prior to the first day of April, A. D., 1855, shall, upon the pre

sentation to said Commissioners, county warrants for the same, recounty. ceive in exchange therefor, a bond or bonds of the county of Contra

Costa, with coupons annexed thereto, as provided for in this Act ; fractional sume, provided, that for any fractional sum less than amouut of bonds

funded

and Auditor each to keep a

and

surer to cancel coupons when

In presence of whom.

and record a certificate, By whom

urer.

surer to pay for

exceed one

Holders of indebtedness

lieu, bonds of

Provisions for

Treasurer.

Interest Tax.

interest.

interest on

authorized to be issued, said Commissioners shall issue to the holders of county warrants a certificate for such fractional sum, and upon the presentation of same to County Auditor, he shall draw a warrant on County Treasurer for the amount so certified.

Sec. 8. The County Treasurer shall endorse on the back of each Duties of County bond redeemed by bim, the date on which he redeemed the same, and from whom received, and also keep a record of the same, giving the number, date and amount of the bond, and shall cancel the same, in the same manner as herein before provided for the cancellation of coupons.

Sec. 9. In addition to the ordinary taxes for general county purposes, there shall this year and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for,

Special Tax (by payment or otherwise as provided in this Act,) be collected in the called the saine manner with ordinary revenues of said county, and by the same officers, a special tax, to be called the interest tax, of thirty cents on each one hundred dollars of taxable property, which tax shall be collected and paid into the County Treasury in legal currency ; the fund derived from this tax shall be applied only to the payment of the in- Applied to the terest to accrue upon the bonds herein provided for ; provided, how-payment of the ever, that should said fund furnish a surplus over and above what Surplus paid inte may be required for the payment of said interest, said surplus shall Sioking Fund. be paid into the sinking fund herein provided for.

Sec. 10. It shall be the duty of the County Judge of said county of Contra Costa, to make certain arrangements for the payment of Prace rest of the interest on said bonds when the same shall fall due, at least sixty bonds. days before the time of payment, and in the event that the said interest fund is insufficient, the said County Judge shall draw a war- is insufficient. rant on the County Treasurer of Contra Costa county on the general fund of said county for such purpose, and said County Treasurer shall forthwith pay such warrant, and in the event that those funds should prove prove inadequate, the said County Judge is hereby authorized, em- inadequate. powered and required to make such contracts and arrangements in the name, behalf, and for said county as may be necessary for the payment of said interest, and the protection of the faith of the county of Contra Costa ; provided, that said County Judge shall proviso. have first drawn from the County Treasurer such sums as may be in the County Treasury subject to and provided for the payment of said interest by the provisions of this Act. Sec. 11. It shall be the duty of said Treasurer to set apart a

Sinking Fund. fund, to be called the “Sinking Fund” of the county of Contra Costa. Into this fund shall be paid : First, any and all surplus of what moneys to the interest fund as aforesaid. Second, whatever surplus may re- be paid into. main in the treasury of the county of Contra Costa on the first day of March, A. D., 1855, and on the first day of March every year surplus of Sinkthereafter, after paying the ordinary yearly expense of the county; ing. Rund to be each of such payments to be continued until the sinking fund shall Fund. be sufficient for the payment of the principal and interest of the bonds as aforesaid, and when these shall be paid and liquidated, the payment shall cease, and all surplus remaining in said sinking fund shall be paid into the general fund of said county.

Sec. 12. Whenever at any time there shall be in the sinking fund Whenever one a sum of money amounting to one thousand dollars or upwards, the shall be in the County Treasurer shall advertise in a public newspaper, published in Siuking Fund.

If Interest Fund

If General Fund

paid into

thousand dollars witnesses.

par value.

in Sinking Fund to pay debt of

Treasurer to

the city of San Francisco, for the space of two weeks, for sealed pro

posals for the redemption of said bonds. After the expiration of the Soaled proposals. publication, the Treasurer shall open sealed proposals in presence of Proposals to be the County Judge, and shall pay and liquidate bonds presented at

. Lowest proposal. the lowest value at which they may be proposed to be liquidated ; No bids above provided, no bid shall be received exceeding the par value and in

terest on said bonds ; provided, however, whenever there may be When sufficient sufficient in the sinking fund for the extinguishment of the debt of

said county, it shall be the duty of the Treasurer to advertise in some County.

newspaper in San Francisco, for the space of sixty days for the readvertise for re- demption of the outstanding bonds of said county as hereinbefore demption of

provided ; after which time the said bonds shall cease to bear any interest.

Sec. 13. This Act shall take effect from and after its passage, and it shall not be lawful for the County Treasurer to pay or liquidate any of the indebtedness of said county of Contra Costa, which accrued prior to the first day of February, 1855, in any other manner than herein provided.

Sec. 14. The Commissioners, Treasurer and Auditor, shall receive Compensation.

as a compensation for their services, eight dollars each, for every day actually engaged in the performance of the duties herein required.

bonds.
When bonds
shall cease to
bear interest.
When to take
effect.

CHAPTER X VII.

AN ACT

To authorize Married Women to Convey Real Estate held by them in

their own right.

(Approved February 14, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Married women
to convey real
estate.
Provided the
husband has
been absent
one year.

SECTION 1. That a married woman of legal age shall have power to convey and transfer lands or any estate or interest therein, vested in or held by her in her own right, as fully and perfectly as she might or could do if single or unmarried ; provided, the husband of such married woman be not and for one year next preceeding the execution of the instrument of conveyance by the wife, has not been bona-fide residing in this State.

Sec. 2. The execution of an instrument of conveyance by a marconveyance to be ried woman, independent of her husband, as provided in the pre

.

ceeding section, shall be acknowledged before the District Judge of the county, in which the lands described in the conveyance are lo

cated, and the Judge taking such acknowledgment, shall, before he Oaths of two

certify the same, be satisfied by the oaths of at least two credible disinterested citizens of this State, that the husband of such married

Execution of

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