CHAPTER CLXXII. AN ACT To provide for the Payment of State Prison Inspectors. [Approved April 30, 1855.] The People of the State of California, represented in Senate and SECTION 1. The pay of State Prison Inspectors shall be twelve Compensation. hundred dollars per annum; and the Controller of State is hereby authorized and directed to audit the accounts of the State Prison Inspectors heretofore appointed, at the aforesaid rates, from the dates of their appointment and confirmation by the Senate, respectively; and to draw his warrant upon the State Treasurer for the amounts due such Inspectors; he is hereby directed to pay the same out of the general fund; provided, that nothing contained in this Act shall Proviso. be so construed as to allow any pay to any one of the Board of Inspectors for services for which he may already have been paid. CHAPTER CLXXIII. AN ACT To provide for Funding the Floating Debt of the City of Marysville, and for the Extinguishment thereof. [Approved April 30, 1855.] The People of the State of California, represented in Senate and Commissioners. SECTION 1. The city of Marysville is hereby authorized to fund its Board of floating debt in the manner hereinafter provided; and to that end the Mayor, President of the Council, and Treasurer of said city, and their successors in office, shall constitute a Board of Commissioners, to be styled, "The Funding Commissioners of the City of Marysville," and shall have and exercise the powers and perform the duties hereinafter provided. to be funded. SEC. 2. The holders of all legally created city indebtedness due Warrants not at the time of the passage of this Act, and of all indebtedness as evidenced by the issue of warrants upon bona fide and regularly audited and certified accounts, in accordance with the ordinance or Funding power to cease. Certificates of stock. Signing of certificate. Purport. Interest. ordinances authorizing the same, which shall become due prior to the first day of July, one thousand eight hundred and fifty-five, shall be entitled to the privileges of funding the same, by virtue of this Act; on and after which date, the funding powers of said Commissioners shall wholly cease and determine. Certificates of stock shall be issued at one hundred cents on the dollar for an equal amount of indebtedness surrendered, the vouchers of which indebtedness shall be effectually canceled after settlement. SEC. 3. Said certificates of stock shall be in form prescribed by said Commissioners and shall be signed by each of them holding office, and each certificate shall purport in substance as follows: The city of Marysville is indebted to the holder thereof, a sum to be expressed Denomination. therein, which sum and certificate shall be for the sum either of one hundred dollars, or five hundred dollars, or one thousand dollars, at the option of the creditors. The stock shall bear an interest of ten When payable. per cent. per annum, payable semi-annually, on the first day of January and July of each year; the interest shall be made payable in the city of New York, or in Marysville, at the option of the creditors to whom the certificate is issued. The principal shall be made payable in the city of Marysville or New York, at the option of the person or persons to whom the certificate is issued. Said stock shall be dated on the first day of July, 1855, the principal thereof be payable, in fifteen years after date; the interest on said stock shall be made payable on coupons annexed to each certificate, the first coupon being payable on the first day of January, A. D. eighteen hundred and fiftysix, and thereafter semi-annually. Said coupons shall be signed by the Mayor and Treasurer of said city, and shall be equally binding with the certificates. The certificates shall be signed under the corporate seal of the city. Date of stock. Principalwhen payable. Coupons. By whom signed. Commissioners to certify. Assessment. First moneys collected. Common Coancil restricted. Commissioners to inspect books. SEC. 4. The said Commissioners previous to the making out of the general assessment list for the said city in each and every year, shall certify and deliver to the City Assessor the amount which shall be necessary to be raised for the payment of the interest of the debt herein funded for the current year; and the said Assessor in completing said assessment list shall add to the amount which may be authorized by law to be raised for other purposes the amount so certified for the payment of such interest, and of the sinking fund when due, as hereafter specified; and the first moneys collected on the whole of such general assessment list which shall remain in the hands of the City Treasurer, shall be paid by said Treasurer into the hands of the Commissioners created by this Act, as fast as the same be collected; and in payment of other than that, shall be, directly or indirectly, made out of the moneys assessed or collected in said assessment list for any other purpose, until the amounts authorized by this section to be assessed and collected shall have been actually paid over to said Commissioners. The Common Council of said city shall not have power to enact any provisions which shall prevent or hinder the immediate collection, in current coin, of the amounts authorized to be raised by this section, or otherwise contravene the provisions of this section; and if any such provisions are attempted to be enacted, it shall be the duty of the City Collector to disregard the same, and to collect and pay over the current coin as authorized in this section. Said Commissioners shall have the right at all times to inspect the books of the Assessor and Collector of the city. SEC. 5. The said Commissioners shall receive into their custody Disposition. all the moneys which shall be levied and collected for the purposes of Moneys received. this Act. Out of the same they shall pay the interest of the said stock, and the residue thereof they shall securely invest; and re-invest the proceeds thereof, under good security, until they shall be able to apply the same to the extinguishment of the debt herein created, as hereinafter provided. They shall keep regular books of accounts, Books, &c. minutes of their proceedings, which shall be open at all times to the inspection of the Common Council of the city; and shall, within one Statement. month before the expiration of the fiscal year of said city, transmit to the Common Council thereof a statement, verified by oath of one or more of said Commissioners, showing the amount of moneys received and paid out by them; the expenditures by them made; the amount of stock outstanding and the amount redeemed within the current year; with the condition of the moneys and funds in their hands, and how the same are invested and secured; which statement the Common Publication. Council shall cause to be published forthwith in the newspaper published in said city. Commissioners SEC. 6. Seven years from and after the passage of this Act, there Ten per cent. shall commence to be collected, annually, and paid over by said As- to be paid. sessors to the Commissioners, in addition to and in the same manner as the interest is specified herein to be assessed and paid over, ten per cent. upon the aggregate amount of the whole debt herein created, as a sinking fund for the payment of said principal sum at maturity. The same shall be devoted to the purchase of the stock, for which How applied. proposals shall in all cases be invited from the public, annually, with at least ninety days' notice, and the best offer of sale be accepted; Proviso. provided, however, that no bid shall be accepted at a higher rate than the par value. When said stock cannot be purchased, the Commissioners shall invest and re-invest, under good security, all the moneys which shall come into their hands not required for the payment of interest; and said investment and re-investments shall continue until sufficient shall be in their hands to redeem said principal at maturity. If any portion of said stock be purchased, it shall be Stock purchased. effectually canceled and filed away in the office of the Commissioners. At the time when the principal of said stock becomes payable, the Principal Commissioners shall devote the moneys in their hands to the redemption of the same, and shall pay over the surplus, if any, to the Treas- Surplus. urer of the city. to invest. of stock. Commissioners. SEC. 7. The said Commissioners shall, before entering upon their Bonds of duties, give good and sufficient bonds, to be approved by the Common Council, in the penal sum of twenty thousand dollars each, for the faithful performance of their duties, except the Treasurer, whose Exception. official bond shall hereafter provide for the faithful performance of his duties as Commissioner in addition to the covenants now therein contained. SEC. 8. The duties hereby required to be performed by said Com- Official duties. missioners shall be deemed a part of their official duties as Mayor, President of the Council and Treasurer, respectively, and shall be No compenperformed without compensation; and nothing herein contained shall sation. be construed as authorizing either one of said Commissioners to re ceive or charge any commission or per centage upon any moneys No per centage. received or disbursed in performance of the duties enjoined upon them, or either of them, by this Act; nor shall they receive any gift, No gifts, &c. present or compensation of any description for any service rendered in funding the said debt, other than is provided in this Act; and if Penalty. Proviso. Clerk. No warrants to be drawn. Common Council to issue. Disposition of bonds. Proviso. either of said Commissioners shall violate any of the provisions of this Act, he and his sureties shall be liable on his official bond therefor in double the amount proven to have been so received by said Commissioners; provided, that the said Board of Commissioners may employ a Clerk until the first day of July, 1855, at a rate of compensation not to exceed one hundred and fifty dollars per month. SEC. 9. On and after the first day of July, A. D. 1855, it shall not be lawful for the City Clerk, or other authorities, to draw any warrant upon the treasury without there be cash actually therein to meet the warrant so drawn. Any violation of this section shall be deemed a misdemeanor, and upon conviction thereof the party or parties so offending shall be subject to a fine of not less than five thousand dollars, nor more than ten thousand dollars, or imprisonment in the State Prison for a term of not less than one year, nor more than five years, at the discretion of the Court. SEC. 10. The Common Council of said city may, by ordinance, authorize the Board of Funding Commissioners to issue bonds similar to those described in the third section of this Act, to an amount not exceeding ten thousand dollars, for the purpose of defraying the current expenses of the city after the first day of July, 1855; said bonds to be disposed of in manner to be prescribed by the Common Council of said city; provided, that none of the proceeds of said bonds shall be appropriated or used for the purpose of paying any debt of said city that has now accrued or that may accrue previous to the first day of July, 1855. Section 6 amended. License of eligible foreigners. Ineligible foreigners. CHAPTER CLXXIV. AN ACT To amend an Act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges, passed March 30th, 1853. [Approved April 30, 1855.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section six of An Act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges, passed March thirtieth, eighteen hundred and fifty-three, is hereby amended so as to read as follows: Section sixth. The amount to be paid for each license by each foreigner eligible to become a citizen of the United States, shall be at the rate of four dollars per month; and the amount to be paid for each license by each foreigner ineligible to become a citizen of the United States, shall be at the rate of four dollars per month, until the first day of October, A. D. eighteen hundred and fifty-five; and six dollars per month from the first day of license. October, A. D. eighteen hundred and fifty-five, to the first day of October, A. D. eighteen hundred and fifty-six; and eight dollars per month, from the first day of October, A. D. eighteen hundred and fifty-six, to the first day of October, A. D. eighteen hundred and fifty-seven; and so on, increasing the license two dollars per month Increased from and after the first day of October, each year, to be paid by all Further increase. foreigners ineligible to become citizens; said licenses shall be substantially in the form set out in section second of this Act, (the amount per month being changed to correspond with the year herein Amount set forth,) and shall in no case be transferable; provided, that [no foreigner shall be entitled to hold or work in any mining claim, unless he pays his monthly tax as herein provided for. per month. CHAPTER CLXXV. AN ACT To punish Vagrants, Vagabonds, and Dangerous and Suspicious Persons. [Approved April 30, 1855.] The People of the State of California, represented in Senate and SECTION 1. All persons except Digger Indians, who have no visi-Punishment. ble means of living, who in ten days do not seek employment, nor labor when employment is offered to them, all healthy beggars, who travel with written statements of their misfortunes, all persons who roam about from place to place without any lawful business, all lewd and dissolute persons who live in and about houses of Ill-Fame; all common prostitutes and common drunkards may be committed to jail and sentenced to hard labor for such time as the Court, before whom they are convicted shall think proper, not exceeding ninety days. SEC. 2. All persons who are commonly known as "Greasers" or Disarming of the issue of Spanish and Indian blood, who may come within the provisions of the first section of this Act, and who go armed and are not known to be peaceable and quiet persons, and who can give no good account of themselves, may be disarmed by any lawful officer, and punished otherwise as provided in the foregoing section. "Greasers." SEC. 3. It shall be the duty of any Justice of the Peace, on Duty of Justice. knowledge or on written complaint from any creditable person of the State, to issue his warrant to apprehend such person or persons, and upon due conviction to send such person or persons to jail, as prescribed in section first of this Act; and on a second conviction for Second the same offense any offenders may be sentenced to the County Jail for such additional time as the Court may deem proper, not exceeding one hundred and twenty days; and in case of a conviction for conviction. |