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amended

First.

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. Seventh.

Ninth.

found, signed by the Probate Judge, and attested by the seal of the Court, shall be attached to the will.

Sec. 3 Section 52 of said Act is so amended as to read as fol- Section 52 lows : Sec. 52. Administration of the estate of a person dying intes- Persons dying tate shall be granted to some one or more of the persons hereinafter intestate. mentioned, and they shall be, respectively, entitled in the following How entitled. order : First, the surviving husband or wife, or some person as he or second. she may request to have appointed ; Second, the children ; Third, Third the father or mother ; Fourth, the brothers ; Fifth, the sisters ; Fifth. Sixth, the grandchildren ; Seventh, any other of the next of kin who sixth would be entitled to share in the distribution of the estate ; Eighth, Eighth. the Public Administrator ; Ninth, creditors ; Tenth, any person or Tenth. persons legally competent, provided, that when there was any partner- Proviso. ship existing between the intestate at the time of his death, and any other person, the surviving partner shall in no case be appointed administrator of the estate of such intestate.

SEC 4. Section 88 of said Act is so amended as to read as fol- Section 88 lows : Section 88. When there shall be a delay in granting letters testamentary or of administration, from any cause, or when such let-mentary or of

administration. ters shall have been granted irregularly, or no sufficient bond shall have been filed as required by law, or when no application shall have been made for such letters, the Probate Judge shall appoint a special Probate Judge administrator to collect and take charge of the estate of the deceased, administrator. in whatever county or counties the same may be found, and to exercise such other powers as may be necessary for the preservation of Further power the estate ; or he may direct the Public Administrator of his county Judge. to take charge of the estate.

Sec. 5. Said Act is hereby amended by an additional section Additional thereto, to read as follows : Section 314. All other issues of fact joined in the Probate Court, shall be disposed of in the same manner joined. as is provided in Section 20 of this Act, for issues joined on application for probate of wills.

a

amended Letters testa

of

section. Other issues

CHAPTER CXI.

AN ACT

For the Relief of H. B. and C. E. Paine.

(Approved April 23, 1855 )

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

Assembly, do enact as follows :

SECTION 1. The Controller of State is hereby authorized and re-Warrant. quired to draw his warrant on the State Treasurer, in favor of H. B. and C. E. Paine, for the sum of one hundred and ninety-seven dollars ; and the Treasurer is required to pay the same out of any money in the Treasury not otherwise appropriated.

CHAPTER CXII.

AN ACT

To amend an Act entitled An Act to create a Board of Super

visors, in the counties of this State, and to define their duties and powers,passed March 20, 1855.

(Approved April 23, 1855.)

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

Assembly, do enact as follows :

Soction &
amended.
Supervisors.
Election for.

Section 1. That section third of said Act shall read as follows :In each of the counties where no Board of Supervisors now exists, there shall be an election held for Supervisors on the second

Monday in April, A. D., eighteen hundred and fifty-five. And Shall qualify.

the Supervisors elected under this Act shall qualify on or before the

first day of the first regular meeting of the Board, as provided in this Term of office. Act; and shall hold their office until the next general election, and until Proviso. their successors are elected and qualified, provided, thai in the counties

of Sacramento and Yuba the first election for Supervisors to be held under the provisions of this section, shall be held on the first Monday in

April, A. D., eighteen hundred and fifty-five, and provided further, provided.

that in the county of Klamath, the election be held on the first Monday

in May next, aná provided further, that in the county of San Joaquin, provided.

the first election for Supervisors to be held on the same day of the Municipal election of the city of Stockton, next following the passage of this Act.

Further

Further

CHAPTER CXIII.

AN ACT

To establish the boundaries of Amador County, and fix the County

Seat thereof.

(Approved April 23, 1855.)

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

Assembly, do enact as follows :

Boundaries.

SECTION 1. The following shall be the boundaries of the county of Amador : Beginning in the middle of the Mokelumne river, on the eastern boundary of San Joaquin county, thence up the middle of the channel of said river, to the junction of the North Fork of the same ; thence up the middle of the said North Fork to its source; thence due east to the eastern boundary of the State ; thence north-westwardly to the southern boundary of El Dorado County; thence down the middle of the said South Fork of the South Fork to its mouth; thence on an air line to the middle of the Cosumnes river, where said river enters Sacramento County; thence south-eastwardly on the line of Sacramento and San Joaquin counties, to the place of beginning.

Sec. 2. The County Seat of said county shall be at the town of County Seat. Jackson.

CHAPTER CXIV.

AN ACT

Relating to the safe keeping of the Public Moneys.

(Approved April 23, 1855.)

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

Assembly, do enact as follows :

Treasurer's

Section 1. All the Public Moneys of this State which may be at Fire proof vault. any time on hand in the Treasury, shall hereafter be kept in the "fireproof vault” in the building now occupied as the Capitol

, in the city of Duty of SuperSacramento; and the Superintendent of Public Buildings, is hereby re-intendent of

Public Buildings quired to furnish said vault, with a sufficient safe, and he is further required to furnish the room adjoining said vault, in a suitable manner for the office of the Treasurer of State, also a room contiguous thereto for office. the office of the Controller of State, and the Treasurer and Controller are hereby required to keep their respective offices in said rooms.

Sec 2. The Treasurer of State is hereby required to withdraw any Requirement and all moneys, belonging to the State, which may be on deposit, or in possession of any other person or persons, Bankiug House or Houses, Corporation or Corporations whatever, and deposit the same in said Public moneys. vault, and none of the Public Moneys shall hereafter be deposited with any Individual, Copartnership, or Corporation, but shall be kept in said vault, for the use of the State.

Controller's office.

CHAPTER CXV.

AN ACT

Concerning the Organization of the Militia.

(Approved April 25, 1855.]

The People of the State of California represented in Senate and

Assembly, do enact as follows ;

Citizens subject
to military
duty.

Division of
Companies.

First Division.

Second,

Third.

Fourth.

Fifth.

Sixth.

Brigades or
Division

Section 1. All free, able-bodied white citizens, between the ages of eighteen and forty-five years, residing in this State, and not exempt by law, shall be subject to military duty, and shall be enrolled as hereinafter directed.

Sec. 2. The enrolled militia and volunteer and independent companies of this State, shall be organized into six divisions, and twelve brigades, as follows, viz. : The Counties of San Diego, San Bernardino, Los Angeles, Santa Barbara, San Luis Obispo and Monterey, shall compose the First Division ; the Counties of Santa Cruz, Santa Clara, San Francisco, Alameda and Contra Costa, shall compose the Second Division; the Counties of San Joaquin, Mariposa, Tulare, Tuolumne and Calaveras, shall compose the Third Division ; the Counties of Amador, El Dorado, Sacramento, Placer, Nevada and Sierra, shall compose the Fourth Division ; the Counties of Yuba, Sutter, Yolo, Solano, Napa, Sonoma, Marin and Mendocino, shall compose the Fifth Division, the Counties of Butte, Plumas, Colusi, Shasta, Siskiyou, Trinity, Humboldt and Klamath, shall compose the Sixth Division. The Counties of San Diego, San Bernardino and Los Angeles, shall compose the First Brigade, First Division ; the Counties of Santa Barbara, San Luis Obispo and Monterey, shall compose the Second Brigade, First Division; the Counties of Santa Cruz, Santa Clara, Alameda and Contra Costa, shall compose the First Brigade, Second Division; the County of San Francisco shall compose the Second Brigade, Second Division ; the Counties of San Joaquin, Tulare and Mariposa, shall compose the First Brigade, Third Division ; the counties of Tuolumne and Calaveras shall compose the Second Brigade, Third Division ; the counties of Amador, El Dorado and Sacramento shall compose the First Brigade, Fourth Division; the Counties of Placer, Nevada and Sierra, shall compose the Second Brigade, Fourth Division ; the Counties of Yuba, Sutter and Yolo, shall compose the First Brigade, Fifth Division; the Counties of Solano, Napa, Sonoma, Marin and Mendocino, shall compose the Second Brigade, Fifth Division ; the Counties of Butte, Plumas, Colusi and Shasta, shall compose the First Brigade, Sixth Division; the Counties of Siskiyou, Trinity, Humboldt and Klamath, shall compose the Second Brigade, Sixth Division.

Sec. 3. Any and all new counties which may hereafter be organized in this State, shall be attached to the respective Brigade and Division in which the larger portion of said new county is now located.

Sec. 4. The Governor of this State shall appoint, after the passage of this Act, six Major-Generals, and twelve Brigadier-Generals, who shall be residents of the respective Divisions and Brigades

New counties.

Appointments of Governor.

Commander

Rank.

Governor.

created by this Act, and who shall hold their office for the term of four Term of office. years, and until their successors are elected, or appointed and qualified.

Sec. 5. The Commander-in-Chief may nominate and appoint an Appointments of Aid-de-Camp for each and every Brigade, who shall rank respectively in-Chief. as Colonels of Cavalry, and who shall continue in office for the same term of time as the Commander-in-Chief by whom they were ap-Term of office. pointed, or at his pleasure.

Sec. 6. The Legislature shall elect, by joint-ballot, one Quarter-AdjutantMaster-General, who shall perform the duties of Adjutant-General, Duties. and shall be ex-officio Inspector-General, and shall rank as BrigadierGeneral, and who shall hold his office for four years, and until bis Term of office. successor is elected and qualified. The first election shall take place First election. on or after the first day of April, eighteen hundred and fifty-eight, when the term of the present incumbent will expire

Sec. 7. It shall be the duty of the Quarter-Master and Adjutant-Duty of General to carefully guard, and provide a suitable place for the pre-Quartermaster. servation of all arms, accoutrements, ammunition, ordnance stores and military effects granted by the United States to the State of California, or which may be purchased by this State, or in any other manner become the property of the State ; also to receive and keep all reports and returns made to him, in accordance with the provisions of this Act; he shall report to the Governor, on the fifteenth day of To report to December, annually, to be laid before the Legislature : first, an account of all arms, ordnance stores and military effects of every description, which may have come into his possession since his last annual report, how, where and from what source ; second, an account

; of all articles issued or expended, to whom issued, or how expended, and by whose order ; third, a statement of the present condition of all effects in his possession ; fourth, how much money has been expended for the care, repair, preservation and transportation of arms or other effects, belonging to the State, since his last annual report; fifth, the number, strength and condition of the Volunteer and Independent companies duly organized in this State ; sixth, the strength of the enrolled Militia of each and every Brigade and Division.

Sec. 8. He shall make and transmit an annual return of the Further duty. Militia of this State, pursuant to the requirements of the Act of Congress of March second, eighteen hundred and three, to the President of the United States, a copy of which, duly certified, he shall lay before the Commander-in-Chief of this State.

Sec. 9. He shall issue to the commanding officer of any Volun- To issue arms. teer or Independent company, or to any military officer, on a proper requisition, approved by the Governor, such arms, accoutrements, ammunition or other military effects in his possession, as may be exactly designated in such requisition, taking such security therefor as Security for. is hereinafter designated, and shall perform all other duties appertaining to his office, or which are enjoined on him by law.

Sec. 10. He shall give bonds to the people of the State of Cali- His bonds. fornia, with good and sufficient securities, to be approved by the Governor, in the sum of twenty-five thousand dollars, conditioned that he will faithfully perform all the duties enjoined on him by law. He shall reside at the Seat of Government, and shall keep his office Residence. open for the transaction of business every day, (Sundays excepted, ) ofice hours. from the hours of eleven o'clock, A. M. to three o'clock, P. M.

Sec. 11. He shall receive a salary of three thousand dollars Saláry. annually, to be paid out of moneys appropriated for that purpose.

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