Abbildungen der Seite
PDF
EPUB

Action pending.

subject matter of such deed or other papers are situated in Merced county.

SEC. 21. All actions pending or proceedings in the nature of actions, whether original or en appeal, civil or criminal, that were commenced How disposed of by a party or parties now residing within the limits of Merced county, shall be disposed of by the tribunals and officers having jurisdiction of the same in Mariposa county upon the organization of said Merced county.

Duty of County
Surveyor.

SEC. 22. It shall be the duty of the County Surveyor under the instructions and direction of the Board of Supervisors to survey and mark the lines and boundaries of Merced county in accordance with the provisions of this Act, and for said services he shall receive such comCompensation. pensation as may be allowed by law.

Sinking Fund.

SEC. 23. Twenty per cent. of all moneys received in the County Treasury of Merced county shall be set apart as a sinking fund to liquiPurpose thereof. date the debt due from Merced county to Mariposa county, and shall be paid over by the Treasurer of Merced county to the Treasurer of Mariposa county, every three months, and the Treasurer of Merced county shall take his receipt therefor.

Duty of

Treasurer.

Receipt.

Paper money.

First offense.

Subsequent offenses.

Punishment for first offense.

Subsequent offenses.

CHAPTER CV.

AN ACT

To prohibit any person or persons, Association, Company or Corporation, from exercising the privileges of Banking or creating paper to circulate as money.

[Approved April 19, 1855.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. If any person or persons, association, company or corporation shall make, issue, or put in circulation, any bill, check, ticket, certificate, promissory note or the paper of any bank, to circulate as money, the said person or persons, association, company or corporation, or the persons forming the same shall, for the first offense, be deemed guilty of a misdemeanor, and for each and every subsequent offense, be deemed guilty of felony, and shall be punished as hereinafter provided.

SEC. 2. Any person or persons who shall upon indictment be convicted of having violated the provisions of this Act, shall be punished for the first offense by imprisonment in the County Jail not more than three months, or by fine not exceeding two thousand dollars, or by both such fine and imprisonment; and for the second and every subsequent offense, shall be punished by imprisonment in the State Prison for a term not less than one year, nor more than five years, at the discretion

of the Court before whom such person or persons shall be tried and convicted.

Attorney.

SEC. 3. It shall be the duty of the District Attorney of each county Duty of District in the State to prosecute all offenses against this Act, and it shall be the Duty of Judges duty of the Judges of the Courts of Sessions to give this law in charge of Courts of to the Grand Jury, who shall inquire into and present all cases of a Grand Jury. violation thereof.

Sessions

CHAPTER CVI.

AN ACT

Supplementary to the Act entitled “ An Act to amend and supplementary to an Act entitled an Act to Incorporate the City of Sacramento, passed March, 1851," approved March 31st, 1855.

[Approved April 19, 1855.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. All moneys accruing to the Treasurer of the city of Moneys Sacramento on and after the sixth day of April, in the year eighteen accruing. hundred and fifty-five, shall be, and the same are hereby appropriated Appropriated. to the payment of the disbursements and expense accruing on and after

that date.

SEC. 2. The Common Council are hereby authorized to fund all Outstanding outstanding indebtedness of the city of Sacramento which accrued prior indebtedness. to the sixth day of April, in the year eighteen hundred and fifty-five, by issuing bonds in payment thereof, payable not less than fifteen nor Bonds. more than twenty years from the date thereof, and bearing interest payable semi-annually, which shall not exceed the rate of seven per centum per centage. per annum, to be issued in accordance with the provisions of an ordi- How issued. nance enacted for the purpose.

Limits of
payment.

SEC. 3. The income and revenue of said city of Sacramento, of Income every nature and description whatever, shall be, and the same are hereby exempted. exempted from attachment, execution and proceedings supplementary

disbursed.

machine.

to execution; but the same shall be and remain subject only to disburse- Income-how ments by the Council in accordance with the provisions of the charter. SEC. 4. The Water Works of said city of Sacramento, including Water Works.. the building, machinery and lot whereon the same are situated, as well Supply pipe. as the supply pipe purchased by the city and about to arrive, as also Pumping the pumping machine and building containing the same, belonging to said city shall be, and the same are hereby exempted from execution. execution. SEC. 5. Section sixteen of the Act entitled "An Act to amend and Act of March, '55, amended supplementary to an Act entitled an Act to incorporate the City of Sacramento, passed March, 1851," approved March 31st, 1855, is hereby amended, so as to read as follows: From and after the passage

Exempt from

Warrants preferred.

Warrants

not paid.

of this Act all warrants drawn on the City Treasurer shall be entitled to preference as to payment out of moneys in the Treasury applicable to such warrants, according to the priority of time in which the same may have been presented; and when warrants are presented to the City Treasurer for payment, and the same are not paid for want of funds, the Book of registry. Treasurer shall register such warrants, with the date of their presentation, in a book to be kept by him for that purpose, which book, during office hours, shall be open to public inspection, and upon the receipt of any moneys into the Treasury applicable to their redemption, it shall be the duty of the Treasurer to redeem the warrants in the order of their register.

Warrants redeemed.

Take effect.

SEC. 6. This Act shall take effect and be in force from and after its passage.

Name changed.

CHAPTER CVII.

AN ACT

To change the name of Joseph Wilson to Albert Calhoun Joseph

Wilson.

[Approved April 19, 1855.]

The People of the State of California, represented in Senate and
Assembly do enact as follows:

SECTION 1. It shall be lawful for the person heretofore bearing the name of Joseph Wilson, to change said name to Albert Calhoun Joseph Wilson.

CHAPTER CVIII.

AN ACT

Supplementary to and amendatory of "An Act to Incorporate the
City of Marysville," passed March 5th, 1855.

[Approved April 19, 1855.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The boundaries of the city of Marysville shall be as Boundaries. follows: Commencing at high water mark on the southern bank of the Yuba river at a point one mile east of the Public Plaza, and running thence north two miles; thence west to Feather river; thence south, following Feather river to high water mark on the southern bank of the Yuba river; thence east along the southern bank of the Yuba river to the place of beginning.

CHAPTER CIX.

AN ACT

To discharge the Board of Examiners of War Claims from further
Duties, and to abolish the same.

[Approved April 23, 1855.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Examiners of War Claims, consisting of Date of Secretary of State, the Controller and Treasurer of State, are by this discharge. Act, from and after the first day of August next, discharged from all further duties in connection therewith, and from and after that date said Board shall cease to exist.

of Acts.

SEC. 2. The Board of Examiners of War Claims are hereby re- Final action. quired to examine and take final action on all claims presented to said Board, on or before the last day of July next, and to make a full and Statement complete statement, in duplicate, of all their acts from the organiza- Duplicate. tion of the Board, to the time of the close of their duties; the duplicate of which shall be laid before the Legislature at its next session, Original. and the original shall be deposited in the office of the Secretary of State.

Clerk of Board.

Compensation.

Claims not presented.

Repealed.

SEC. 3. To enable the Board of War Claims to comply with the provisions of this Act, they are authorized to employ a Clerk for that purpose, who shall receive as compensation the same rate of pay as the First Clerk in the Secretary of State's office; and all claims not presented for payment before the first day of August next, are hereby declared to be barred.

SEC. 4. All laws and parts of laws inconsistent with and conflicting with the provisions of this Act, are hereby repealed.

Act of 1851 amended.

Issues joined.

CHAPTER CX.

AN ACT

To amend an Act to regulate the Settlement of Estates of Deceased
Persons, passed May 1st, 1851.

[Approved April 23, 1855]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section 20 of an act entitled An Act to regulate the Settlement of the Estates of Deceased Persons, passed May 1st, 1851, is hereby amended so as to read as follows: Section 20. If Contesting will. any person appears and contests a will, he shall file a statement in writing of the grounds of his opposition; when any issue or issues of fact shall be joined in the Probate Court respecting the competency of the deceased to make a last will and testament or respecting the execution by the deceased, of such last will and testament under restraint or undue influence, or fraudulent representations, or for any other cause affecting the validity of such will, such issue or issues shall, at the To be certified request of either of the parties interested, be certified immediately to to District Court. the District Court of the proper county for trial by jury; or may, by consent of the parties, be tried by the Probate Court. Issue shall be deemed joined by the filing of the grounds of opposition as aforesaid with the Clerk of the Probate Court; such issue or issues of fact shall be made up and tried in the same manner as is or may be provided by Manner of trial. law for the trial of issues of fact in other cases; upon determination, of such issue or issues of fact, the jury trying the same shall render a Special verdict. special verdict thereon, and the finding of the jury shall be certified

Tried by

Probate Court.

Issues-how

joined.

Procedure.

Section 24 amended.

Duty of Court,

by the District Court to the Probate Court, whereupon the Probate Court shall proceed to admit said will to probate or not, according to the facts found and the law.

SEC. 2. Section 24 of said Act is so amended as to read as follows: Section 24. If the Court shall be satisfied, upon the proof taken or from the facts found by the jury, that the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not under restraint, undue influence or fraudulent misrepresentation, a certificate of the proof and the facts

« ZurückWeiter »