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Terms.

County Court, when held.

Court of Sessions when held.

Probate Court, when held.

Repeal.

CHAPTER XIV.

AN ACT

Fixing the times of holding the terms of the County Courts,
Courts of Sessions and Probate Courts in and for Butte
County.

[Approved February 14, 1855.]

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

SECTION 1. There shall be held in the county of Butte, in each year, four regular terms of the County Court, Court of Sessions, and Probate Court, each.

SEC. 2. The regular terms of the County Court shall be held on the first Monday in February, May and August, and on the fourth Monday in November of each year, and shall continue from term to term, unless all the business of the term be sooner disposed of.

SEC. 3. The regular terms of the Court of Sessions, shall be held on the second Monday in February, May and August, and on the first Monday in December of each year, and shall continue from term to term unless all the business be sooner disposed of.

SEC. 4. The regular terms of the Probate Court shall be held on the fourth Monday in February and May, on the third Monday in August, and on the second Monday in December of each year, and shall continue from term to term unless all the business be sooner disposed of.

SEC. 5. The provisions of "An Act of the Legislature passed May 19, A. D., 1853," entitled "An Act concerning the Courts of Justice of this State and Judicial Officers," and the provisions of an Act of the Legislature, passed March 20, A. D., 1854, entitled "An Act to amend an Act concerning the Courts of Justice of this State and Judicial Officers," so far as they conflict with the provisions of this Act only, are hereby repealed.

SEC. 6. This Act shall take effect March 1, 1855.

CHAPTER XV.

AN ACT

To change the time of holding Courts of Sessions and County
Courts in the County of Napa.

[Approved February 14, 1855.]

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

SECTION 1. The Court of Sessions in and for Napa County, shall be held at the county seat of said county, on the first Monday of Terms. August, December and April of each year.

SEC. 2. The County Court of said county shall be held on the County Court, second Monday of August, December and April of each year, and when held. the Probate Court of said county shall be held on the third Mon- Probate Court, day of August, December and April of each year.

when held.

Effect.

SEC. 3. This Act shall take effect from and after its passage. SEC. 4. Sections forty-six, fifty-nine and sixty-five of "an Act concerning the Courts of Justice of this State and Judicial Officers," passed May 19, 1853, so far as the same relate to the Repeal. county of Napa, are hereby repealed.

CHAPTER XVI.

AN ACT

To Fund the Debt of Contra Costa County, and to provide for

the

payment of the same.

[Approved February 14, 1855.]

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

debt of Contra

prepared.

SECTION 1. With a view to fund the debt of the County of Con- To fund the tra Costa, in this State, and to provide for the payment thereof, the Costa County. Treasurer of said county shall cause to be prepared bonds for an Treasurer to amount equal to the present county indebtedness, together with all have bonds indebtedness that shall have accrued on or before the first day of April, one thousand eight hundred and fifty-five; said bonds shall be of the denominations of one hundred and five hundred dollars each, Denomination and each and every bond shall purport in substance that the county

of bonds.

Purport

of bonds.
Interest
10 per cent.

To be paid in
New York.
When paid.

of Contra Costa owes to the holder thereof, a sum to be expressed therein, bearing an interest of ten per cent. per annum from the date of issue; the interest to be paid on presentation at the city of New York, on the first day of July, eighteen hundred and fifty-five, and on the first day of January and July of every year thereafter, until Bonds payable said bonds shall be paid and liquidated; said bonds shall be due and at San Francisco. payable at the city of San Francisco, California, on or before the When payable. first day of April, one thousand eight hundred and seventy; said bonds shall be signed by the Funding Commissioners hereinafter named; countersigned by the County Auditor, and endorsed by the County Treasurer, and shall have the seal of the county annexed thereto.

By whom signed.

Seal of the county.

Funding

SEC. 2. Robert N. Wood, B. S. Hines, and Daniel Small, are Commissioners. hereby appointed Commissioners for the funding of the indebtedness of Contra Costa county, by the name and style of Funding ComCommissioners. missioners of Contra Costa county.

Name and style of

Duty of.

SEC. 3. It shall be the duty of said Commissioners to keep an account of the number, denomination, and amount of all bonds signed by them, in accordance with the provisions of this Act. It shall be County Auditor. the duty of the County Auditor to furnish the Commissioners aforesaid a certified copy of the record of warrants issued from his Commissioners office since the organization of the county, and this within twenty

to examine warrants and

are correct.

No others considered

days after the passage of this Act. It shall be the duty of the said ascertain if they Commissioners to examine all warrants presented for funding, and ascertain if they are the true and correct ones issued, according to the County Treasurer's and Auditor's books, corresponding with the entries therein; and no other than those shall be considered true and lawful warrants to be funded, and it shall be the duty of the ComCommissioners missioners aforesaid, and County Auditor each, to keep a separate record of all such bonds, together with the coupons, as may be record of bonds issued, showing the number, date and amount of said bonds and couTo whom issued. pons, and to whom the same were issued.

lawful to be funded.

and Auditor each to keep a

and coupons.

Coupons shall express amount

of interest due. When payable.

By whom signed. County Treasurer to cancel coupons when paid.

In presence of whom.

SEC. 4. Said bonds shall have coupons annexed thereto; said coupons shall express the amount of interest due at the respective periods herein named, when payable, and shall be signed by said Commissioners, Auditor, and Treasurer, as prescribed for the Bonds.

SEC. 5. When any coupon shall be paid under the provisions of this Act, it shall be the duty of the County Treasurer to cancel the same in the presence of the County Judge and County Auditor, and Auditor to make said Auditor shall make a certificate thereof, and record the same, which shall be signed by said County Judge, Auditor, and Treas

and record a

certificate.

By whom

signed.

County Trea

surer to pay for having bonds

urer.

SEC. 6. The County Treasurer shall pay out of the County Treasury, out of any money not otherwise appropriated, any and all expenses he may incur in having said bonds prepared, the sum so paid thousand dollars. out not to exceed one thousand dollars.

prepared, not to exceed one

Holders of indebtedness

pre

SEC. 7. From and after the passage of this Act, all persons having any indebtedness of said county of Contra Costa, which acagainst county crued prior to the first day of April, A. D., 1855, shall, upon the sentation to said Commissioners, county warrants for the same, receive in exchange therefor, a bond or bonds of the county of Contra Costa, with coupons annexed thereto, as provided for in this Act; provided, that for any fractional sum less than amount of bonds

shall receive, in lieu, bonds of county.

Provisions for fractional sums.

authorized to be issued, said Commissioners shall issue to the holders of county warrants a certificate for such fractional sum, and upon the presentation of same to County Auditor, he shall draw a warrant on County Treasurer for the amount so certified.

Treasurer.

SEC. 8. The County Treasurer shall endorse on the back of each Duties of County bond redeemed by him, the date on which he redeemed the same, and from whom received, and also keep a record of the same, giving the number, date and amount of the bond, and shall cancel the same, in the same manner as herein before provided for the cancellation of

coupons.

Special Tax

Interest Tax.

SEC. 9. In addition to the ordinary taxes for general county purposes, there shall this year and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for, (by payment or otherwise as provided in this Act,) be collected in the called the same manner with ordinary revenues of said county, and by the same officers, a special tax, to be called the interest tax, of thirty cents on each one hundred dollars of taxable property, which tax shall be collected and paid into the County Treasury in legal currency; the fund derived from this tax shall be applied only to the payment of the in- Applied to the terest to accrue upon the bonds herein provided for; provided, how-payment of the ever, that should said fund furnish a surplus over and above what Surplus paid into may be required for the payment of said interest, said surplus shall Sinking Fund. be paid into the sinking fund herein provided for.

interest.

interest on

SEC. 10. It shall be the duty of the County Judge of said county of Contra Costa, to make certain arrangements for the payment of Payment of the interest on said bonds when the same shall fall due, at least sixty bonds. days before the time of payment, and in the event that the said. If Interest Fund interest fund is insufficient, the said County Judge shall draw a war- is insufficient. rant on the County Treasurer of Contra Costa county on the general fund of said county for such purpose, and said County Treasurer If General Fund shall forthwith pay such warrant, and in the event that those funds should prove prove inadequate, the said County Judge is hereby authorized, empowered and required to make such contracts and arrangements in the name, behalf, and for said county as may be necessary for the payment of said interest, and the protection of the faith of the county of Contra Costa; provided, that said County Judge shall proviso. have first drawn from the County Treasurer such sums as may be in the County Treasury subject to and provided for the payment of said interest by the provisions of this Act.

inadequate.

Sinking Fund.

SEC. 11. It shall be the duty of said Treasurer to set apart a fund, to be called the "Sinking Fund" of the county of Contra Costa. Into this fund shall be paid: First, any and all surplus of what moneys to the interest fund as aforesaid. Second, whatever surplus may re- be paid into. main in the treasury of the county of Contra Costa on the first day of March, A. D., 1855, and on the first day of March every year Surplus of Sinkthereafter, after paying the ordinary yearly expense of the county; ing Fund to be each of such payments to be continued until the sinking fund shall Fund." be sufficient for the payment of the principal and interest of the bonds as aforesaid, and when these shall be paid and liquidated, the payment shall cease, and all surplus remaining in said sinking fund shall be paid into the general fund of said county.

paid into General

thousand dollars

SEC. 12. Whenever at any time there shall be in the sinking fund Whenever one a sum of money amounting to one thousand dollars or upwards, the shall be in the County Treasurer shall advertise in a public newspaper, published in Siuking Fund.

opened.

par value.

the city of San Francisco, for the space of two weeks, for sealed proposals for the redemption of said bonds. After the expiration of the Sealed proposals. publication, the Treasurer shall open sealed proposals in presence of Proposals to be the County Judge, and shall pay and liquidate bonds presented at Lowest proposal. the lowest value at which they may be proposed to be liquidated; No bids above provided, no bid shall be received exceeding the par value and interest on said bonds; provided, however, whenever there may be sufficient in the sinking fund for the extinguishment of the debt of said county, it shall be the duty of the Treasurer to advertise in some newspaper in San Francisco, for the space of sixty days for the readvertise for re- demption of the outstanding bonds of said county as hereinbefore provided; after which time the said bonds shall cease to bear any interest.

When sufficient

in Sinking Fund to pay debt of County. Treasurer to

demption of

bonds.
When bonds

shall cease to
bear interest.
When to take
effect.

Compensation.

SEC. 13. This Act shall take effect from and after its passage, and it shall not be lawful for the County Treasurer to pay or liquidate any of the indebtedness of said county of Contra Costa, which accrued prior to the first day of February, 1855, in any other manner than herein provided.

SEC. 14. The Commissioners, Treasurer and Auditor, shall receive as a compensation for their services, eight dollars each, for every day actually engaged in the performance of the duties herein required.

Married women
to convey real
estate.
Provided the
husband has
been absent
one year.

Execution of Conveyance to be acknowledged.

Oaths of two witnesses.

CHAPTER XVII.

AN ACT

To authorize Married Women to Convey Real Estate held by them in their own right.

[Approved February 14, 1855.]

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

SECTION 1. That a married woman of legal age shall have power to convey and transfer lands or any estate or interest therein, vested in or held by her in her own right, as fully and perfectly as she might or could do if single or unmarried; provided, the husband of such married woman be not and for one year next preceeding the execution of the instrument of conveyance by the wife, has not been bona-fide residing in this State.

SEC. 2. The execution of an instrument of conveyance by a married woman, independent of her husband, as provided in the preceeding section, shall be acknowledged before the District Judge of the county, in which the lands described in the conveyance are located, and the Judge taking such acknowledgment, shall, before he certify the same, be satisfied by the oaths of at least two credible disinterested citizens of this State, that the husband of such married

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