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CHAPTER X X XVIII.

AN ACT

To fix the time of holding the District Court in the Third Judicial

District.

(Approved March 14, 1855.)

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

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SECTION 1. The District Court in the Third Judicial District shall When in

Santa Clara. be held as follows: First, In the county of Santa Clara on the third Monday of January, April, July and October ; Second, In the county of Alameda on third Monday of February, May, Au- Alameda. gast and November ; Third, In the county of Monterey on the Monterey. second Monday of March, June, September and December; Fourth, In the county of Santa Cruz on the first Monday of January, April, Santa Cruz. July and October. Sec. 2. So much of section one of the Act passed May 18th,

Repeal. A. D. 1853, entitled " An Act to fix the time of holding the terms of the District Court throughout this State ” as conflicts with the provisions of this Act, is hereby repealed.

CHAPTER XXXIX.

AN ACT

Making Appropriations to meet Deficiencies in Appropriations hereto

fore made to Defray the Civil Expenses of Government accruing prior to the first day of February, 1855.

(Approved March 14, 1855.)

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

Assembly, do enact as follows: SECTION 1. That the following sums be and are hereby appropri- Appropriation. ated out of any money in the Treasury not otherwise appropriated for the objects hereinafter expressed, to meet the outstanding indebtedness of the State prior to February 1st, 1855, namely: For Prisoners. transportation of prisoners to the State Prison, fifteen thousand dollars. For transportation of insane to the Insane Asylum, twelve Insado. hundred dollars. For official advertisements, seven thousand dollars. Advertisements.

Counsel.
Suits.
Warrants.
Counsel.
Printing.
Legislature.
Land
Commission.

For fees of counsel employed by the State, one thousand dollars. For costs of suits in cases where the State was a party, two thousand dollars. For Controller's Warrant plate and printing, seven hundred and fifty dollars. For counsel to assist Attorney General, two thousand dollars. For paper for State printing, two thousand five hundred dollars. For contingent expenses of Legislature, .eight thousand dollars. For contingent expenses of the California Land

Commissioners, twenty-two thousand dollars. For contingent expenses Supreme Court. of Supreme Court, eleven thousand eight hundred and twenty-five

dollars. For contingent expenses of the Controller's office, three

thousand dollars. For contingent expenses of Treasurer's office, two Secretary

thousand eight hundred and fifty dollars. For contingent expenses Attorney

of Secretary of State's office, nineteen hundred dollars. For conGeneral.

tingent expenses of Attorney General's office, two thousand four Sup. Public hundred dollars. For contingent expenses of Superintendent of

Public Instruction, twenty-eight hundred and fifty dollars. For conSurveyor

tingent expenses of Surveyor General's office, fifty dollars. For Quarter-master contingent expenses of Quarter-Master General's office, one hundred

and fifty dollars.

Controller.
Treasurer.

of State.

Instruction.

General.

General.

CHAPTER XL.

AN ACT

Supplementary to an Act entitled " An Act concerning County Re

corders,passed March twenty-sixth, one thousand eight hundred and fifty-one.

(Approved March 14, 1855 ]

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

Assembly, do enact as follows:

Section 1. The provisions of the Act entitled " An Act concern

ing County Recorders, passed March twenty-sixth, one thousand Mariposa County excepted. eight hundred and fifty-one,” shall not apply to Mariposa county, so

far as such Act unites the office of County Recorder with that of Separate from County Clerk, but in said county the office of County Recorder shall County Clerk.

be separate and distinct from the office of County Clerk. Act to apply to SEC. 2. All the provisions of said Act concerning County ReMariposa Co.

corders, as to the duties and responsibilities, and continuance in office
of the Recorders of San Francisco, Sacramento, Santa Clara, El
Dorado, San Joaquin, Tuolumne and Butte, shall apply in all
respects to the records [Recorders) of Mariposa county.
Sec. 3. There shall be an election held in Mariposa co

county for Books, etc.

County Recorder, at the next general election held for county officers in said county, and after the Recorder is so elected and qualified according to law, the County Clerk shall deliver to said Recorder all the papers, furniture, books, &c., belonging properly to said office.

When elected.

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CHAPTER XLI.

AN ACT

Extending the provisions of an Act entitled An Act giving the

Consent of the Legislature of the State of California to the
Purchase by the United States of Land within this State for
Public Purposes,to the Grant heretofore made by Thomas 0.
Larkin and wife, Robert Semple and wife and Bethuel Phelps
to the United States of certain Lands adjoining the City of
Benicia.

(Approved March 14, 1855.)

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

Assembly, do enact as follows:

SECTION 1. The several provisions of the Act entitled “An Act Provisions giving the consent of the Legislature of the State of California to extended. the purchase by the United States of land within the State for Public Purposes," passed April 27th, 1852, are hereby extended, so as to include the grant made by Thomas 0. Larkin and wife, Robert Semple and wife and Bethuel Phelps, on the sixteenth and seventeenth days of April, eighteen hundred and forty-nine, to the United States, of the tract of land adjoining to the city of Benicia, containing six hundred acres, be the same more or less, and now occupied and used by the United States for military purposes.

CHAPTER XLII.

AN ACT

Concerning the Office of Treasurer of State.

(Approved March 16, 1855.)

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

Assembly, do enact as follows:

Treasurer

SECTION 1. When upon presentation for payment to the Treas-Duty of urer of State of any Controller's warrant or warrants, drawn upon when no funds the Treasurer of State, there shall be no funds or money in the in Treasury. Treasury applicable to the payment of the same, it shall be the duty of the Treasurer to endorse on the back of each warrant so presented for payment, the date of its presentation, by whom presented, and

Order of payment.

Notice to holders.

Purport of notice.

that the same is not paid for want of funds, and also make registry of the same in a book prepared and kept by him for that purpose; which registry shall state the number of each warrant, the date and amount of the same; also the date of presentation for payment, and by whom presented

Sec. 2. İt shall be the duty of the Treasurer, and he is hereby directed and required to pay and redeem warrants drawn upon the Treasurer of State, and payable out of the general or any special fund, in the order of the date of their presentation, commencing with the earliest date, as evidenced by the endorsement and registry provided for in the preceding section, and not otherwise, except as hereinafter provided.

Sec. 3. Whenever funds applicable to the redemption of outstanding Controller's warrants once presented and registered as aforesaid, shall have accumulated in the Treasury to the amount of twenty thousand dollars, it shall be the duty of the Treasurer of State to give notice of the fact to the holders of such warrants, by advertisement for twenty days in two daily newspapers published in the city of Sacramento, and one in the city of San Francisco, which notice shall state the amount of money in the Treasury, applicable to the payment and redemption of such warrants, the dates of the presentation of the warrants entitled to payment, and that, unless the same be re-presented for payment within sixty days from the date of the notice, the fund reserved for the redemption of the same, will be applied to the payment of unpaid. warrants next in order of registry; and the money reserved for the payment of warrants not re-presented within ninety days from the date of the notice, shall, by the Treasurer, be applied to the redemption of unpaid warrants next in order of registry; provided, nothing in this Act contained shall be so construed as to prohibit the Treasurer of State from receiving Controller's warrants for school lands, State taxes, or in payment of other State dues, in pursuance of the provisions of laws now in force.

Sec. 4. The registry of all warrants which have failed to be represented within the sixty days notice provided for in section three of this Act, shall, by the Treasurer, be cancelled; but said warrants may again be presented to the Treasurer, who shall make a new registry of presentation of the same.

Sec. 5. The books of the Treasurer containing the registry of warrants shall always be open to the inspection of those who present warrants for payment, free of charge.

Sec. 6. It shall be the duty of the State Treasurer to report to the Controller of State on the first Monday of each month, the amount, date and number of all warrants redeemed by him.

Sec. 7. This Act shall not apply to warrants issued previous to July first, A. D. 1855, nor to warrants issued for indebtedness which has accrued previous to the first day of July next.

Sec. 8. This Act shall take effect, and be in force from and after the thirtieth day of June, eighteen hundred and fifty-five.

Proviso.

Warrants not presented.

Books to

be open.

Report to
Controller.

Warrants applied to.

Takes effect.

CHAPTER XLIII.

AN ACT

In relation to the Contingent Expenses of the Legislature.

[Approved March 16, 1855.)

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

Assembly, do enact as follows : SECTION 1. The Controller of State is hereby required to set Appropriation. apart from the first moneys received into the Treasury to the uses of the General Fund as heretofore provided by law, the sum of five thousand dollars for the Senate, and eight thousand dollars for the Assembly, not otherwise appropriated, as the Contingent Fund of the Legislature from the first of February, 1855, to first of February 1856.

Sec. 2. Bills for the same shall be audited by the Committee on Bills to be Contingent Expenses of each house respectively, and upon their ap-approved. proval, the President of the Senate, and the Speaker of the House of Assembly, shall certify the same, and the Controller of State Warrants. shall draw warrants upon the Treasurer for payment, out of the Contingent Fund of the Legislature.

Sec. 3. Whatever surplus that may remain unexpended from the Surplus. Contingent Fund of the Legislature shall be paid into the General Fund at the close of the session ; provided, that nothing herein con- Proviso. tained shall be so construed as to require any payment to be made from this Contingent Fund to any Member of the Legislature nor to any person employed by the Legislature for per diem services.

CHAPTER XLIV ::

AN ACT

To repeal an Act entitled An Act to proride for the Establish

ment of a State Marine Hospital at San Francisco, and to provide for the Indigent Sick in this State, passed May 19, 1853.

(Approved March 16, 1855.)

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

Assembly, do enact as follows:

Section 1. An Act entitled An Act to provide for the Establish- Repealed ment of a State Marine Hospital at San Francisco, and to provide for the Indigent Sick in this State, passed May nineteenth, one thousand eight hundred and fifty three, is hereby repealed.

Sec. 2. This Act shall take effect from and after the first day of Take effect. April next.

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