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Appropriation.

Proviso.

Draft, &c.

Contract-to whom awarded.

Proviso.

Board of
Contractors.

Failure of
Contractor.

Estimate.

Furniture.

Proviso.

Bill for furniiure.

CHAPTER CLXXXVI.

AN ACT

To Appropriate Money to enable the Trustees of the Insane Assylum to build a Dining Room, Kitchen and Bath House; also to purchase Furniture for the Main Building of the same.

[Approved May 3, 1855.]

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

SECTION 1. That the sum of fifteen thousand dollars be and the same is hereby appropriated, out of the General Fund, to enable the Trustees of the Insane Assylum to erect or cause to be erected a Bath House, Kitchen and Dining Room; and also to purchase furniture for the main building; provided, the cost of such buildings and furniture shall not exceed the sum herein appropriated.

SEC. 2. That the Trustees shall cause a draft of the Dining Room and Kitchen (which shall be under the same roof) to be made with such specifications as they may deem necessary. They shall advertise in the two papers published in the city of Stockton, for sealed proposals for furnishing of the materials, and for the erection of the building, and the contract shall be awarded to the lowest responsible bidder; provided, the cost of the same shall not exceed the sum of ten thousand dollars.

SEC. 3. The person or persons to whom the contract may be awarded, shall, within ten days after such award, execute a bond to the Trustees of said Assylum in double the amount of the entire contract so awarded, conditioned for the faithful performance of such contract; and for any failure on the part of the contractors in the performance of such contract, it shall be the duty of the Trustees to cause suit to be instituted on said Bond against the said contractors and their sureties. The Trustees shall make or cause to be made an estimate of the work done or materials furnished, and the Controller of State, on presentation to him of such estimate, shall draw his warrant for the amount, payable to said Trustees.

SEC. 4. That the Trustees shall, by and with the advice and consent of the resident Physician, purchase or cause to be purchased such furniture as may be necessary for the main building of the Assylum; provided, that the cost of the same shall not exceed five thousand dollars. The Trustees shall make or cause to be made a bill of the costs of said furniture, and the Controller of State, on presentation to him of such bill, shall draw his warrant for the amount payable to said Trustees.

CHAPTER CLXXXVII.

AN ACT

Tv Cede Certain Property to the City of Benicia.

[Approved May 3, 1855.]

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

SECTION 1. The State of California hereby grants to the City of Grant of State. Benicia the entire water front of said city, and all of the right, title and interest, of the said State, in and to all of the lands within the corporate limits of said city which are subject to overflow; provided, Proviso. that nothing in this Act shall be so construed as to convey any right or title to any part of the water-front which lies east of a north and south line drawn from the most western part of the land belonging

to the United States, and now used for military purposes; and pro- Further proviso. vided further, that nothing herein shall be so construed as to convey to said city any part of her water-front which may extend into the Straits of Carquines beyond where the water is eighteen feet deep at low tide.

Land not subject

to execution.

SEC. 2. The said water-front and overflowed lands herein granted shall not be subject to execution upon any judgment against the said City of Benicia, but may be sold from time to time by the au- How sold. thorities of said city, in such manner as will be most to the interest of the same.

SEC. 3. Said cession is made upon this express condition, that the authorities of the city of Benicia shall not sell the property ceded without first giving notice of said sale by publication in at least one daily newspaper in San Francisco, and one newspaper, if one be published, in the County of Solano for thirty days preceding said sale, and that said property so ceded shall be sold at public auction to the highest bidder, and in separate lots not exceeding in size one hundred feet, by one hundred and sixty feet in size.

Condition

of cession.

builders.

SEC. 4. Any person who has erected useful and substantial build- Privilege of ings upon any of the property ceded to the city of Benicia by this Act, believing that he had good title to such property by virtue of a purchase from the founders of the city shall have the privilege within six months from the passage of this Act, of purchasing the lots on which they have built, at private sale, from the said city, and at a fair valuation of the lot without the buildings; such valuation to be determined by the City Council.

CHAPTER CLXXXVIII.

AN ACT

To take the Sense of the People of this State, at the General Election in A. D., 1855, on the Passage of a Prohibitory Liquor Law.

Vote on
Liquor Law.

Inscription on ballot.

Duty of Secretary of State.

Publication.

[Approved May 4, 1855.]

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

SECTION 1. Every voter, at the General Election in A. D., 1855, may vote for or against the passage of a Prohibitory Liquor Law, the provisions of which shall prohibit the manufacture and sale of all spirituous and intoxicating liquors, except for mechanical, chemical, medicinal and Sacramental purposes.

SEC. 2. Every voter, at the General Election in A. D., 1855, who votes for the passage of a Prohibitory Liquor Law, shall write upon his ballot "Prohibitory Liquor Law-Yes;" and every voter who votes against such a law, shall write upon his ballot "Prohibitory Liquor Law-No." The votes thus cast for or against a Prohibitory Liquor Law, shall be returned to the respective County Clerks in like manner as other votes are returned, and an abstract thereof sent by the respective County Clerks to the Secretary of State, in the same manner and at the same time that votes for State Officers are returned.

SEC. 3. It shall be the duty of the Secretary of State to prepare and lay before the Senate and Assembly, at the session of A. D., 1856, immediately after their organization, a complete abstract of the whole vote cast as above provided in this Act for and against a Prohibitory Liquor Law.

SEC. 4. The Secretary of State shall cause this Act to be published by the State Printer for at least ninety days previous to the next General Election.

CHAPTER CLXXXIX.

AN ACT

Supplemental to "An Act to regulate Elections," passed March 23, 1855.

[Approved May 4, 1855.]

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

SECTION. 1. That it shall be and is hereby made the duty of the statement of County Clerk, in each of the Counties of this State, on or before the County Clerk. tenth day after the returns shall have been received of any general or special election held for members of the Legislature, County, State or District officers, Members of Congress or Presidential Electors, to make out under the seal of his Court a statement thereof, setting Contents forth the names of the persons voted for, the office to fill which each of same. person was voted for; the number of votes given at each precinct to each of such persons, and the number of votes given to each in the County, and transmit the same to the Secretary of State to be filed in his office.

CHAPTER CXC.

AN ACT

To Provide for the Redemption of California " War Bonds" previous to their Maturity.

[Approved May 4, 1855.]

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

SECTION 1. The Treasurer of State is hereby required as soon as possible, after having been advised of the payment (either in part or in full) of the "War Debt" of the State of California, by the United States Government, to cause a notice to be inserted in one of the daily Journals, published in each of the cities of Sacramento and San Francisco, in the State of California, and the city of New York, State of New York; such notice shall call for proposals to surrender "War Bonds" issued by the State of California, under Acts passed, severally, February fifteenth, one thousand eight hundred and

Surrender

war bonds.

241

Acts issued under.

Surrenderwhere made.

Proposals accepted. Proviso.

Notice of
Treasurer.

Interest ceases.
Surplus.

fifty-one; March seventeenth, one thousand eight hundred and fiftyone; May third, one thousand eight hundred and fifty-two; April sixteenth, one thousand eight hundred and fifty-three; May eighteenth, one thousand eight hundred and fifty-three.

SEC. 2 Such proposals shall be receivable at the office of the Treasurer of State, but the surrender may be made in the city of Sacramento, or in the city of New York, in accordance with the propositions accepted, and it shall be the duty of the Treasurer and Controller of State, on the first Monday of each of the six succeeding months after the giving of aforesaid notices, to proceed to open, and consider such proposals, as may have been received, previous to cach respective date; such proposals as shall be most advantageous to the State of California shall be accepted; provided, no proposals shall be considered for more than par value with interest accruing.

SEC. 3. Immediately after the respective considerations, the Treasurer shall give notice in like manner as required in Section first of this Act, declaring the amount, and particularizing such Bonds as will be redeemed, stating the time and place, and after the expiration of thirty days from the time of such notice, said designated Bonds shall cease to bear interest.

SEC. 4. At the expiration of the time given for the presentation of proposals, and surrender of Bonds, the Treasurer shall proceed to convert such surplus moneys, (received from the Federal Government) as may not have been absorbed by the redemption of Bonds, into seven per cent. Civil Bonds of this State; said Bonds shall be held by the Treasurer of State, for the redemption of the remaining Bonds at maturity.

CHAPTER CXCI.

AN ACT

To amend an Act entitled "An Act to fix the times for holding the Terms of the District Courts throughout this State," passed May 18, 1853.

Terms in

first district,

[Approved May 4, 1855.]

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

SECTION 1. The several terms of the Judicial Districts in this State during each year shall commence as follows:

SEC. 2. In the first Judicial District, in the County of San Diego, on the third Monday of April, August and December. In the County of Los Angeles on the third Monday of March, July and November. In the County of San Bernardino on the third Monday of Feb. ruary, May, and October.

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