CHAPTER CCXV. AN ACT Supplementary to an Act entitled "An Act making Appropriations to [Approved May 7, 1855.] WHEREAS, by mistake, an Act entitled "An Act making Appropriations to Defray the Ordinary Civil Expenses of the Government of this State, from the first day of February, A. D. 1855, to the first day of February, A. D. 1856," passed April 27th, 1855, failed to appropriate the amount required by law for the payment of the salary of the Quartermaster General, now, therefore, The People of the State of California, represented in Senate and termaster Gen'l. SECTION 1. The sum of one thousand dollars is hereby appropri- Amount appro ated out of any money in the Treasury not otherwise appropriated, priated for Quar to pay the compensation of the Quartermaster General; this sum, in addition to the amount already appropriated, being the amount required by law to be appropriated for the salary of the Quartermaster General. CHAPTER CCXVI. AN ACT To provide for the Payment of the Amount remaining due for Express [Approved May 7, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Controller of State is hereby authorized and re- Amount approquired to draw his warrant on the Treasurer of the State for the sum priated. of three thousand three hundred and seventeen dollars and thirty-nine cents, in favor of Wells, Fargo & Co., [payable] out of any moneys in the Treasury not otherwise appropriated, for the purpose of paying the amount remaining due to the said Wells, Fargo & Co. for express charges for the Fifth Session of the Legislature. Construction of Act. CHAPTER CCXVII. AN ACT Supplementary to an Act entitled "An Act to Separate the Office of Collector of Taxes from the Office of Sheriff, in the County of Yuba," passed April 27th, 1855. [Approved May 7, 1855.] The People of the State of California, represented in Senate and SECTION 1. None of the provisions of the Act entitled "An Act to separate the Office of Collector of Taxes from the Office of Sheriff in the County of Yuba," passed April 27th, 1855, shall be construed so as to apply to the collection of State, County and Foreign License Taxes, to be collected previous to the first day of March, 1856, but shall be in full force on and after said first day of March, 1856. Time Act of April will take effect. CHAPTER CCXVIII. AN ACT Explanatory of and supplemental to an Act entitled "An Act to [Approved May 7, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Act entitled "An Act to Re-Incorporate the City of San Francisco," passed April twenty-eighth, eighteen hundred and fifty-five, shall not be construed to take effect, nor to operate as a repeal of an Act entitled "An Act to Re-Incorporate the City of San Francisco," passed April fifteenth, eighteen hundred and fifty-one, prior to construed. the election and qualification of the officers provided to be elected under the Act first above mentioned. Section 54 of said Act shall be con- Sec. 54, how strued so as to require that one of the eight persons to be elected as members of the Board of Education, under the provisions of said section, shall be elected from each ward of the City of San Francisco as now divided, and that the Superintendent of Common Schools shall be elected from the city at large. CHAPTER CCXIX. AN ACT To provide for Funding the Legal and Equitable Debt of the City of San Francisco, and for the final Redemption of the same. [Approved May 7, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Common Council of the City of San Francisco, to Funding outbe elected at the first election under an Act entitled "An Act to Re-Incor- standing debt. porate the City of San Francisco," passed April twenty-eighth, eighteen hundred and fifty-five, shall provide, by ordinance, for funding, at a rate of interest not to exceed six per cent. per annum, all the outstanding indebtedness of the City of San Francisco, which may be existing as a legal and equitable claim against said city at the time of their election and qualification. They shall provide, in the same ordinance, for the Payment of annual or semi-annual payment of the interest to accrue on said funded debt. The bonds for said debt shall be made payable within twenty Bonds. years, in the City of New York or the City of San Francisco, at the option of the bond-holders. No indebtedness against said city, except the funded debt, shall draw interest. interest. Board of SEC. 2. For this purpose the Common Council shall appoint, by ordinance, three persons, not members of the City Government, citizens Examiners. of said city, as a Board of Examiners. It shall be the duty of said Board to examine all accounts and claims against the city, and to report to the Common Council such as they may consider legal or equitable indebtedness against said city. The Board of Examiners shall, before entering upon their duties, execute good and sufficient bonds, to be approved Bonds of Board. of by the Common Council, in the penal sum of fifty thousand dollars, each, for the faithful performance of their duties; and shall, on making their report, affirm under oath, that all indebtedness, as reported by them, is correct and in accordance with the provisions of the next preceding section of this Act. The official bonds of the Board of Examin- Bonds, when ers shall be cancelled on the expiration of the term for which they were appointed; provided, they are found by the Council to have complied Proviso. cancelled. Power of Board. with the requirements of this Act; otherwise, they shall be prosecuted on their bonds, and be deemed guilty of malfeasance in office, and punishable with imprisonment in the State Prison for one year. They shall have power to send for persons and papers, to administer oaths and affirmations, and to punish as for contempt a refusal to appear and answer. They may continue in session from day to day, until the first day of September next, unless their examination be sooner concluded, and Compensation. shall receive such compensation as the Common Council may de Basis of claims. Report of Tax to pay interest. Where payable. Payment of bonds at maturity. termine. SEC. 3. The Ordinances of the Common Council duly passed, and a valuable consideration received by the city, shall be deemed the only proper basis of claims by the Examiners in making their report; and no scrip, Controller's warrant, or certified or audited accounts shall be received by them as evidence of indebtedness against the city, sufficient to entitle the holder thereof to the benefit of this Act, without proof or evidence aliundi connecting such warrant, scrip or account with the original debt upon which it was issued and no claim based upon any fraudulent contract or without consideration, shall be funded under this Act. SEC. 4. When the report of said Examiners shall have been made to the Common Council, said Council shall have power by ordinance, to confirm or reject the same, or to confirm in part and reject the balance; said report, if confirmed, or if confirmed only in part, then as to such part as may be confirmed, shall be taken to be a correct account and statement of the debts of said city that are entitled to be funded under this Act. SEC. 5. The Common Council shall provide by ordinance, by a tax upon the taxable property within the limits of said city, for the semiannual payment of the interest to accrue on said funded debt, payable in the City of San Francisco or the City of New York; the first interest due upon the bonds to be issued under this Act, shall be payable on the first day of January, A. D. eighteen hundred and fifty six; and thereafter, the interest shall be payable, semi-annually, on the first day of July and January of each year. The Common Council shall at the expiration of ten years from and after the passage of this Act, by ordinance provide for raising by tax on the property within the city limits, such an amount, annually, as shall be deemed sufficient to pay, at maturity, Further duty of the bonds issued under this Act. It shall also be the duty of the ComCommissioners. missioners, after having created the sinking fund herein provided, annually to invite proposals for the surrender of bonds, and advertise at least ninety days in two daily papers in the City of San Francisco, for the same. The Commissioners shall publish all the bids received by them, and shall accept the best for the city; but, in no case shall any bid be accepted above par value. All bonds purchased, the dates, numbers and amounts of the same, shall be entered by the Controller in a book to be kept by him for that purpose, and shall be by him endorsed so Cancelled;" after which, the Commissioners shall file such bond as cancelled, and keep the same in some safe depository as their vouchers. But if bonds cannot be purchased, as herein provided, then the Fund Commissioners shall from time to time invest all money in their hands in State or United States securities, and shall so continue to invest until sufficient amount is in their possession to pay off all the bonds issued under this Funding Act. Publication of bids. Indorsement of Investment. Board of Fund SEC. 6. The Mayor, Controller and Treasurer of the City of San Commissioners. Francisco, and their successors in office, are created, under this Act, a Board of Fund Commissioners, and shall receive twelve hundred dollars, each, per annum, for their services as such Funding Commissioners. The bonds to be issued shall bear interest, as provided for Interest of bonds by the first section of this Act, from the date of the passage of this Act; and shall be signed by each member of the Commission in his official capacity, and countersigned by the Chairman of the Board of Examiners. Each coupon shall be signed by the Chairman of the Board of Commissioners. The Board of Commissioners shall cause all moneys paid into the City Treasury, collected by tax, as provided in section five of this Act, to be applied to the payment of the semiannual interest of the debt funded by this Act. The Fund Commis- Commissioner■ sioners shall carry out all the provisions of this Act; shall be held individually liable, and also liable on their official bonds for the faithful performance of their duties under this Act. Collections. held liable. CHAPTER CCXX. AN ACT To Re-Locate the County Seat of Yolo County, by the Qualified [Approved May 7, 1855.] The People of the State of California, represented in Senate and SECTION 1. The qualified voters of Yolo County shall, at the Election. general election, in September, eighteen hundred and fifty-five, elect, by ballot, some point or place to be the County Seat of Yolo County. SEC. 2. The form of ballot to be used at said election shall be as Form of ballot. follows: "For County Seat," naming the place voted for.; and the said ballots shall be counted at the same time and in like manner as those cast for officers to be chosen at the said election. SEC. 3. The returns of the voters [votes] so cast for a County Seat of Returns of votes. said County, shall be made to the County Clerk of said county, in the same manner as provided by law for the election of officers at the General Election. SEC. 4. After the returns shall have been made and canvassed, it Duty of Judge. shall be the duty of the County Judges [Judge] of said county, to declare that place which shall have received a number of votes equal to a majority of all the votes cast, to be the County Seat of Yolo County; and shall cause the same to be certified to the Secretary of State. SEC. 5. If at any such election there shall not be a number of Majority of votes cast equal to a majority of all the votes cast, for any one point votes. or place, the County Seat of said county shall remain at its present location. |