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Warrants.

Sec. 3. The Controller of State is hereby authorized and directed to draw warrants on the Treasurer of State in favor of William B. Olds, payable out of the General Fund, for the amount herein above specified, upon the production to him of a certificate from the Secretary of State that said library has been received by him.

CHAPTER CXCIX.

AN ACT

To prevent the Improper and Criminal Use of Deadly Weapons.

(Approved May 5, 1855.)

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

Assembly, do enact as follows :

Proviso.

Using weapon.

Section 1. That any person in this state having, carrying or procuring from another person any dirk, dirk-knife, bowie-knife, sword, sword-cane, pistol, gun or other deadly weapon, who shall, in the presence of two or more persons, draw or exhibit any of said deadly weapons in a rude, angry and threatening manner, not in necessary self-defense, or who shall, in any manner, unlawfully use the same, in any fight or quarrel, the person or persons so offending, upon conviction thereof in any criminal court in any County of tbis State, shall

be fined in any sum not less than one hundred, nor more than five Penalty

hundred dollars, or imprisonment in the County Jail not less than one nor more than six months, at the discretion of the Court, or both

such fine and imprisonmnt, together with the costs of prosecution ; How collected. which said costs shall, in all cases, be computed and collected in the

same manner as costs in civil cases; provided, however, that both fine and imprisonment shall not be inflicted uuless so determined by the verdict of a jury.

SEC. 2. All fines and forfeitures arising under the provisions of

Sec this Act, shall be paid into the County Treasury of the county wherein such offense was committed, for County purposes; provided, nevertheless, that no Sheriff, Deputy Sheriff, Marshal, Constable or other peace officer, shall be held to answer under the provisions of this Act, for drawing or exhibiting any of the weapons hereinbefore mentioned, while in tlie lawful discharge of his or their duties.

Sec. 3. It shall be the duty of all military, civil and peace officers in this State, to be vigilant in carrying the provisions of this Act into full force and effect, as well, also, as all Graud Juries or Grand Jurors, to inquire into and make presentments of each and every offense un

der this Act which shall come under or within their knowledge. Judges.

Sec. 4. It shall and is hereby made the duty of all Judges in this State to give this Act in charge to the Grand Juries at each term of

Fines.

Proviso.

Officers.

269

their respective Courts; and also to all trial juries, empannelied for the trial of any of the offenses herein before mentioned in this Act.

CHAPTER CC.

AN ACT

To amend an Act entitled "An Act to Regulate Proceedings in Crimi-.

nal Cases," passed May 1st, 1851.

[Approved May 5, 1855.)

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

Assembly, do enact as follows:

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Beil.
First.

Section 1. Section one hundred and sixty-two of an Act entitled Sec. repealed An Act to Regulate Proceedings in Criminal Cases," be and the same is hereby repealed.

Sec. 2. Section five hundred and seventeen of an Act entitled Section 517 "An Act to Regulate Proceedings in Criminal Cases,” is hereby amended. amended so as to read as follows: Section five hundred and seventeen. The qualifications of bail are as follows: First. Each of them must be a resident and a householder or freeholder within the State; but the Court or Magistrate may refuse to accept any person as bail, who is not a resident of the county where bail is offered. Second. They must each be worth the amount specified in the recognizance, exclusive of property exempt from execution; but the Court or Magistrate, on taking bail, may allow more than two bail to justify severally in amounts less than that expressed in the recognizance, if the whole justification be equivalent to that of sufficient bail.

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Second,

CHAPTER CCI.

AN ACT

To purchase the Portrait of Major General John Augustus Suller, and to provide for taking the Portrait of Major General John E. Wool, U. S. A.

(Approved May 5, 1855 )

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

Assembly, do enact as follows :

Sum appropria led.

Section 1. That the sum of two thousand and five hundred dol. lars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the purchase, from William S. Jewett, Esquire, the full-length Portrait of Major General John Augustus Sutter, now suspended in the Hall of the Assembly.

Sec. 2. That the Controller of State is hereby required to draw bis warrant or warrants to the amount of said sum of two thousand and five hundred dollars upon the State Treasurer in favor of the said William S. Jewett, for the purchase aforesaid. The said Jewett is hereby authorized to take a Portrait of General Wool, and apply to the Legislature of eighteen hundred and fifty-six for an appropriation in payment therefor.

Portrait of
Wool.

CHAPTER CCII.

AN ACT

Authorizing the Construction of a Bridge across Mission Creek, in the

County of San Francisco.

This bill having remained with the Gorernor ten days (Sundays excepted,) and the Senate and Assembly being in session, it has become a law this fifth day of May, A. D. 1855.

J. W. DENVER. Secretary of State,

By W. 11. R. WOOD, Deputy Secretary of State.

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

Assembly, do enact as follows:

F. D. Cottle authorized.

Proviso.

Section 1. Franklin D. Cottle and such others as he may associate with him, are hereby authorized and empowered to build a draw-bridge across Mission Creek, at the point where Brannan street intersects the same ; provided, said “ bridge," built in a good and substantial manner, shall be completedand ready fo r the use of the public within three months from the passage of this Act; and provided further, that no toll shall be charged for persons crossing over, or boats going through said “Bridge,” nor for persons passing along the street leading thereto in the city of San Francisco ; also the road leading therefrom into and through the County of San Francisco.

Sec. 2. The Board of Supervisors of the County of San Francisco are hereby authorized and required to marage, control and Supervisors. keep in good repair said “ Bridge,” and cause the same to be so managed that the free navigation of said creek shall at no time be low managed. obstructed ; but nothing herein shall be so construed as to allow said Board to make said Bridge a Toll-Bridge.

Toll-Bridge.

Duty of

CHAPTER CCIII.

AN ACT

To Legalize certain Records in the County of San Luis Obispo.

(Approved May 5, 1855.)

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

Assembly, do enact as follows:

Section 1. The records of all deeds, mortgages or other docu- Records

legalized. ments of whatever description, which by law are required to be recorded, and which are recorded in the Recorder's office of San Luis Obispo County, in books other than those specified in the “Act concerning County Recorders,” passed March twenty-second, one thousand eight hundred and fifty-one, are hereby legalized and are declared to have the same force and effect as though they were recorded in the books specified in the Act aforesaid concerning Recorders, and in accordance with its provisions.

Force and effect of same.

CHAPTER CCIV.

AN ACT

&

To amend an Act entitled An Act to Create a Board of Super.

visors for the County of San Diego, and to define their duties," approred May 3d, 1852.

(Approved May 5, 1855.)

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

Assembly, do enact as follows :

Sec. 11 of Act relating to Su. pervisors

Section 1. The eleventh section of an Act entitled “ An Act to

create a Board of Supervisors for the County of San Diego, and to ning San Diego define their duties;” shall be so amended as to read as follows: The county repealed. sixty-ninth section of an Act entitled “ An Act concerning Courts

of Justice in this State and Judicial officers," approved March elerenth, eighteen hundred and fifty-one; and the twenty-ninth, thirtieth, thirty-first, and thirty-second sections of an Act entitled “ An Act concerning County Recorders," approved March twenty-sixth, eighteen hundred and fifty.one, in so nuch as they may apply to the County of San Diego, or conflict with this Act, are hereby repealed.

C H A P T E R C C V.

AN ACT

To Legalize the Acts of the County Recorder of the County of

San Diego while acting as County Auditor, since the third day of May, eighteen hundred and fifly-two.

(Approved May 5, 1855.)

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

Assembly, do enact as follows .

Records legalized.

SECTION 1. All acts done by the County Recorder of the County of San Diego, while acting as County Auditor since the third day of May, one thousand eight bundred and fifty-two, are hereby legalized.

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