Abbildungen der Seite
PDF
EPUB

How secured.

Appeal. either of the offenses aforesaid, an appeal may be taken to the Court

of Sessions, in the same manner as provided for by law in criminal ca

ses in this State. Employment Sec. 4. The keeper of the Jail or such other person, as the Sheriff of vagrants.

of the county may appoint, shall be master or keeper of such prisoners after conviction and sball employ them at any kind of labor that the Board of Supervisors of the county may direct, and each and every person so convicted, shall be secured whilst employed outside of the County Jail, by ball and chain of sufficient weight and

strength to prevent escape. How discharged. Sec 5. When the Board of Supervisors of the county shall be of

opinion that any person, who may have been committed under the provisions of this Act, has so conducted himself or herself, whilst so confined or employed, that he or she should be no longer beld, said Board of Supervisors may discharge such person from confinement, upon his paying what may remain due of the costs of prosecution and commitment, including his support whilst so confined, or upon giving bond with two or more good and sufficient sureties in the sum of five hundred dollars for future good behavior ; provided, that the Board of Supervisors shall have power to discharge any person committed under the provisions of this Act withont such conditions, when the health of said person is such as to require his or her discharge.

Sec. 6. This Act shall go into effect thirty days after its passage.

Proviso,

Take effect.

CHAPTER CLX XVI.

AN ACT

To provide for Funding the Out-Standing Debt of the City of Oak

land, and to Prevent the creation of New Debis by said City.

(Approved April 30, 1855.)

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

Assembly, do enact as follows:

Indebtedpess.

Commissioners.

Section 1. The City of Oakland is hereby authorized to fund its outstanding legal indebtedness as it existed on the first Monday of March, eighteen hundred and fifty-five, not to exceed twenty-five thousand dollars, and for this purpose there shall be elected by the legal veters of said city, in the manner hereinafter prescribed, two citizens, residents and legal voters, who, together with the Mayor of said city shall constitute“ the Commissioners of the Funded Debt of the City of Oakland,” and as such they and their successors shall possess the power and perform the duties hereinafter enumerated.

Sec. 2. The election for said two Commissioners shall be holden in said city at such time and place as the Cominon Council of said city shall appoiut, ten days previous notice having been given by pub

Election.

Secretary

books.

lic notice posted in three public places in said city, and by publica-
tion in any newspaper printed in said city. The Judges, Inspectors, Judges.
and Clerks of said election shall be appointed by the said Council,
who shall receive the returns and declare the persons duly elected.

Sec. 3. The Mayor of the city of Oakland shall be ex-officio President and President of said Board, and the Board shall appoint one of its own members to act as Secretary. The Secretary shall keep in a bound book, a correct account of all the transactions and proceedings of the Board. The proceedings of said Board shall be public, and their Proceedings books shall be open to inspection. Any vacancy in the Board by Vacancy. death, resignation, removal from the city or otherwise, shall be filled by the City Council. Said Commissioners shall, previous to entering Oath and bonds. upon the discharge of their duties, take the oath of office prescribed by the Constitution of the State, and shall give such bonds for the faithful discharge of their duties, in such sums as shall be required by the Common Council of said city.

Sec. 4. The said Commissioners shall bave authority to fund all Power to fund. the legal indebtedness of said city wbich has accrued prior to the first Monday of March, eighteen hundred and fifty-five, on presentation of the proper vouchers by the claimants thereof ; but they shall only receive as evidences of such indebtedness certified transcripts of Eridence of judgments against said city duly obtained in some court of competent indebtedness. jurisdiction, or warrants on the Treasury of said city, or of the late town of Oakland legelly issued in accordance with the ordinances or resolutions of the Common Council of said city, or of the Board of Trustees of said town, for the legal indebtednes of said city or town; provided, that the aggregate amount to be funded under this Act shall Proviro. not exceed the sum of twenty-five thousand dollars.

Sec, 5. The said Commissioners shall cause to be prepared, and Denomination shall have power to issue on behalf of said city, bonds of the denomination of one hundred dollars, and five hundred dollars each, with coupons for interest attached, which bonds shall be made payable at the Treasurer's office in said city, on the first day of July, eighteen When payablo. hundred and sixty-five, and the interest on the same shall be made payable by the Treasurer of said city, semi-annually, on the first day of July and January of each year, on presentation of the respective coupons therefor ; provided, that the first coupons shall not be payable until the first day of January, eighteen hundred and fifty-six ; said bonds shall draw interest from date at the rate of seven per cent per year. Every bond so issued shall be signed by the President By whom and Secretary of the Board, and be authenticated with the corporate signed. seal of the city of Oakland, and shall purport in substance that the said Purport. city owes to the holder thereof the sum named in the bond, payable and bearing interest as aforesaid. The coupons for interest shall also be signed by the President and Secretary of the Board.

Sec. 6. The Common Council of the City of Oakland shall cause to Annual tax. be levied and collected upon the property within said city annually, the sum of seventcen hundred and fifty dollars as an interest tax, wbich shall be devoted exclusively to the payment of the interest on the fun- How devoted. ded debt as herein provided, so far as the same shall fall due and become payable, and no money shall be paid out of the Treasury from the taxes of any year until enough shall have been laid aside for the payment of the interest as aforesaid for the ensuing year, Sec. 7. The compensation of the two Commissioners elected shall Compensation of

Commissioners. be such as may be fixed by the City Council, not to exceed two hundred and fifty dollars cach.

Proviso.

Term of office.

Unfinished duties.

Tax of '63 and '64.

How devoted.

Prohibition.

Sec. 8. The term of office of said Board of Commissioners shall expire in one year after the passage of this Act, or at such time previously thereto when they shall have completed all the business submitted to them, when it shall be their duty to hand over all their books, papers and accounts, to the Clerk of the City Council

, and any duties remaining unfinished under the provisions of this Act shall thereafter de. volve upon the Mayor and Common Council of said city.

Sec. 9. In each of the years 1863 and 1864 the Common Council of the City of Oakland, shall cause to be raised by tax upon the property within said city a sum equal to one half of the amount of the funded debt, which shall be devoted to the payment and redemption of said bonds as they fall due, or may be presented for redemption.

Sec. 10. From and after the passage of this Act the corporate authorities of the city of Oakland are absolutely prohibited from issuing to any persons any warrant, scrip, or evidence of debt, save as hereinbefore provided for, and for any violation of this section, the officer or person so offending may be indicted, and punished as for a misdemea

But nothing in this section shall be so construed as to prohibit the proper authority of said city from auditing accounts against said city, and passing such audited accounts into the hands of the City Treasurer, and to him only as authority for the payment of said audited accounts.

Sec. 11. When audited accounts as provided for in the preceding section have been passed into the hands of the Treasurer of said city, it shall be unlawful for him to issue them or permit them to be issued to any person or persons as evidences of indebtedness, but he shall retain them in his hands, and when he pays the respective accounts, shall take a receipt for the same ; (for) any violation of the provisions of this section the officer or person so offending may be indicted and punished as for a misdemeanor.

nor.

Auditing of accounts.

Unlawful,

Penalty.

CHAPTER CLX XVII.

AN ACT

To amend an Act entitled " An Act to Prohibit the Erection of

Wiers and other obstructions to the run of Salmon.

[Approved April 30, 1855.)

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

Assembly, do enact as follows:

Unlawful

[ocr errors]

SECTION 1. Section 7th of said Act shall be amended so as to read as follows: It shall not be lawful for any person or persons to cast, draw or make use of any line or net for the purpose of catching salmon in any of the rivers of this State in the following months : August, October, December and January, in each year except as hereinafter specified ; provided, that it may be lawful for any person or persons

Proviso

to catch Salmon in the San Joaquin river or any of its tributaries in the following months : August, September, and from the 1st to the 15th day of October inclusive, in each year; and provided further, that it may be lawful for any person or persons to catch salmon in the county of Humboldt from the 25th day of October, to the 25th day of November inclusive of each year. Every person so offending and being thereof legally convicted, shall be subject to the same fines and per alties as are imposed by section two of this Act. This Act shall not apply to any of the Indian tribes so as in any manner to pre- to Indians. clude them from fishing in accordance with the custom heretofore practiced by them.

Not to apply

CHAPTER CLXXVIII.

AN ACT

Amendatory of, and Supplementary to an Act entitled An Act con

cerning Escheated Estates,passed May 4th, 1852.

[Approved April 30, 1855.]

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

Assembly, do enact as follows :

Section 1st of an Act entitled “ An Act concerning Escheated Estates," passed May 4th, 1852, is hereby amended so as to read as follows:

Section 1. If any person shall die, or any person who may have died When estate within the limits of what is now the State of California, seized of any real or personal estate, and leaving no heirs, representatives or devisees capable of inheriting or holding the same, and in all cases when there is po owner of such real estate capable of holding the same, such estate sball escheat to and be vested in this State.

Section 2d of said Act is hereby amended so as to read as follows:

Sec. 2. That whenever the Attorney General shall be infornied Attorney Gen'l or have reason to believe that any real estate hath escheated to this information. State by reason that any person hath died seized thereof, and hath left no heirs capable of inheriting the same, or by reason of the incapacity of the devisees to hold the same, or when he shall be informed or have reason to believe that any such estate hath otherwise escheated to the State, it shall be bis duty to file an information in behalf of the State in the District Court of the Judicial District in which such estate or any part thereof is situated, setting forth a description Contents. of the estate, the name of the person last lawfully seized, the name of the terre tenant and persons claiming such estate, if known, and the facts and circumstances in consequence of which said estate is claimed to have escheated, and alleging that by reason thereof the State of California hath right by law to such estate; whereupon such Court sball award and issue a summons against such person or persons,

Summons.

Publication.

Receiver.

bodies politic or corporate alleged in such information to hold, possess, or claim such estate, requiring them to appear and show cause why such estate should not be vested in the State, within the time

allowed by law in other civil cases, and the Court shall make an order Order of Court. setting forth briefly the contents of said information, and requiring

all persons interested in the estate to appear and show cause if any they have, within thirty days from the date of said order, why the same should not vest in this State ; which order shall be published at least one month from the date thereof in a newspaper published in said district, if one be published therein, and in case no newspaper should be published in said district, (by direction of the Judge,)

in some other newspaper in this State. Appeal, &c.

Sec. 3. Section 4th of said Act is hereby amended to as to read as follows: Section 4th. Any party who shall have appeared to any proceedings as aforesaid, and the Attorney General in behalf of the State, shall, respectively have the same right to prosecute an appeal or writ of error upon any judgment as aforesaid, as parties in other cases.

Sec. 4. The said District Court upon the filing of said information and application of the Attorney General, either before or after answer, upon notice to the party or parties claiming such estate, if known, may, sufficient cause therefor being shown, appoint a receiver to take charge and receive the rents and profits of the same until the title to such real estate shall be finally settled.

Sec. 5. Any person furnishing original information to the Attorney General of the escheating of any property to the State of California, together with the necessary evidence to sustain the action of the State in such behalf, shall be entitled to receive, upon the final

recovery of such property, five per centum of the property so recovProviso. ered ; provided, that the amount so received by the person or per

sons furnishing such information, shall not in the aggregate exceed the sum of twenty thousand dollars in any one case ; and provided that only one person shall be entitled to compensation for such ser.

vices. Moneys accrned. Sec. 6. All moneys which have accrued, or may hereafter accrue How paid.

to this State from escheated estates, shall be paid into the general fund, and, if need be, [used] in the defrayment of the current expenses

of the Government and the redemption of Controller's warrants. Moneys convert. Sec. 7. The amount of such moneys so received shall be conver

ted by the State Controller into bonds of the State, bearing seven Kept and

per cent. interest per annum ; which bonds shall be kept as a special deposite in the Treasury, marked “School Fund,” to be credited to said School Fund. All interest falling due on said bonds so set apart shall be semi-annualiy placed to the credit of said School Fund.

Sec. 8. All laws or parts of laws in confiict with the provisions of this Act, are hereby repealed.

Five per cent. for information.

1

ed into bonds.

marked.

Interest.

« ZurückWeiter »