supplied Insane Asylum in the months of October, November, and December, A. D. eighteen hundred and fifty-six, the sum of eighty dollars, is hereby audited and allowed. And the claim of D. Cohen, for clothing furnished Insane Cohen. Asylum in the months of November, and December, A. D. eighteen hundred and fifty-six, the sum of three hundred and thirtyfour dollars and fifteen cents, is hereby audited and allowed. And the claim of R. Crozier, for vegetables furnished Insane Crozier. Asylum in the month of November, A. D. eighteen hundred and fifty-six, the sum of fifty-nine dollars and thirteen cents, is hereby audited and allowed. Beamis. And the claim of Nash and Beamis, for boots and shoes fur- Nash and nished Insane Asylum in the month of November A. D. eighteen hundred and fifty-six, the sum of thirty dollars and fifty cents, is hereby audited and allowed. Doll. And the claim of Mills and Doll, for hardware furnished In- Mills and sane Asylum in the month of October, A. D. eighteen hundred and fifty-six, the sum of fifty-five dollars and eighty-seven cents, is hereby audited and allowed. Hickman. And the claim of Saunders and Hickman, for hardware fur- Saunders & nished Insane Asylum in the months of October, November, and December, A. D. eighteen hundred and fifty-six, the sum of three hundred and seventy-two dollars and ninety-six cents, is hereby audited and allowed. And the claim of L. Vilhac, for vegetables furnished Insane vilhac. Asylum in the month of December, A. D. eighteen hundred and fifty-six, the sum of twenty-seven dollars and twenty cents, is hereby audited and allowed. And the claim of E. S. Holden, for drugs and medicines fur- Holden. nished Insane Asylum in the month of July, A. D. eighteen hundred and fifty-six, the sum of one hundred and thirty-two dollars and thirty-two cents, is hereby audited and allowed. And the claim of Simpson & Gray, for lumber furnished Insane Simpson and Asylum in the months of November and December, A. D. eighteen Gray. hundred and fifty-six, the sum of one hundred and thirty dollars and eighty-six cents, is hereby audited and allowed. And the claim of John Gross & Co., for bread furnished Insane Gross & Co. Asylum in the months of September, October, November, and December, A. D. eighteen hundred and fifty-six, the sum of one thousand eight hundred and eight dollars and fourteen cents, is hereby audited and allowed. Brothers. And the claim of Eldridge & Brothers, for vegetables, furnished Eldridge and the Insane Asylum in the months of November and December, A. D. eighteen hundred and fifty-six, the sum of two hundred and eighty-five dollars and forty-one cents, is hereby audited and allowed. O'Connor. And the claim of Fox & O'Connor, for liquors furnished In- Fox & sane Asylum in the months of October, November, and December, in the year eighteen hundred and fifty-six, the sum of one hundred and sixty-two dollars, is hereby audited and allowed. And the claim of W. H. Webster, for merchandise furnished Webster. Insane Asylum in the months of August and September, A. D. eighteen hundred and fifty-six, the sum of twenty-four dollars and five cents, is hereby audited and allowed. Sanderson. Maurice. Gage. Paige. And the claim of George H. Sanderson, for groceries and crockery-ware furnished Insane Asylum for the months of November and December, A. D. eighteen hundred and fifty-six, the sum of sixty-three dollars and fifty cents, is hereby audited and allowed. And the claim of R. C. Maurice, for dry-goods furnished Insane Asylum in the month of December, A. D. eighteen hundred and fifty-six, the sum of fifty-two dollars and fifty cents, is hereby audited and allowed. And the claim of O. C. Gage, for oil furnished Insane Asylum in the month of December, A. D. eighteen hundred and fifty-six, the sum of seven dollars and fifty cents, is hereby audited and allowed. And the claim of Timothy Paige, for oil furnished the Insane Asylum in the months of October and November, A. D. eighteen. hundred and fifty-six, the sum of thirty-four dollars, is hereby audited and allowed. County Repealing clause. CHAP. CXL.-An Act fixing the Salaries of the County Judge of [Approved March 26, 1859.] The People of the State of California, represented in Senate and SECTION 1. From and after the date of the passage of this Act, the County Judge of San Bernardino County shall receive for his salary, annually, the sum of one thousand dollars, payable monthly; and the District-Attorney for said County shall receive for his services, annually, the sum of eight hundred dollars, payable monthly. The County Auditor of said County is hereby authorized and required to draw his warrant, monthly, on the County Treasurer, for the payment of said salaries and services. SEC. 3. All Acts, or parts of Acts, inconsistent with the foregoing, are hereby repealed. CHAP. CXLI.-An Act to change and fix the Time of holding the [Approved March 26, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Court of Sessions, the County Court, and the Time fixed. Probate Court, of the County of San Bernardino, shall be held as follows: The Court of Sessions, in said County, shall meet on the first Monday of February, June, and October, of each year, and shall continue until all the business is completed. The County Court of said County shall meet on the first Monday of March, May, July, September, November, and January, of each year, and continue until all the business is completed. The Probate Court of said County, shall meet on the fourth Monday of each month during the year, and continue until all the business is completed. SEC. 2. All Acts, and parts of Acts, inconsistent with the Repealing foregoing, are hereby repealed. clause. CHAP. CXLII.-An Act to authorize the sale of certain Real Estate by Guardians. [Approved March 28, 1859.] The People of the State of California, represented in Senate and estate. SECTION 1. The legally appointed guardian or guardians of Authorized José Antonio Baca, Juan Baca, Miguel Baca, Dolores Pena, and to sell real José Pena, minor heirs of the estate of the late Manuel Baca, of Solano County, deceased, is, or are, hereby authorized and empowered to sell, at public or private sale, as shall be deemed most advantageous for the interest of said minors, the whole or any undivided interest of each one, or all of said minors, in the tract of land in the County of Solano, known as the Baca and Pena grant, for which a patent has been issued by the Government of the United States. Probate SEC. 2. The said guardian or guardians shall make a full re- Report to port of any and all such sales as shall be made by him or them, Judge to the Probate Court of Solano County, and the Judge of the said Court shall, either in term-time or in vacation, in open Court, or in Chambers, examine the same, and confirm or set aside the said sale or sales, as he may deem just and proper, and for the interest of said minors. The guardian or guardians, is, or are, hereby authorized, upon the confirmation of any such sale or sales, as herein before provided, and upon the compliance on Expenses. Surplus invested. the part of the purchaser or purchasers with the terms of such sale or sales, to execute, acknowledge, and deliver to said purchaser or purchasers a conveyance of the land so sold, which shall absolutely and forever convey to, and vest in, the grantee or grantees, all the right, title, interest, claim, demand, reversion, and remainder, legal and equitable, of the aforesaid minors or either of them, in and to the property described in said deed or conveyance; Provided, however, that no deed or conveyance for said real estate or any part thereof shall be valid, or convey any title, unless the sale shall have been confirmed by the Probate Judge aforesaid, previous to the execution of said deed or conveyance; And provided, further, however, that no such sale or sales shall be approved by said Probate Judge, until said guardian or guardians shall have filed in said Court a bond, or bonds, with sufficient sureties, to the satisfaction of said Judge, in double the value of the real estate sought to be sold, conditioned for the faithful custody and disposition of the funds produced from said sale or sales for the benefit of said minor or minors; And provided, also, that the sureties on said bond or bonds shall justify as in case of bonds given under the Civil Practice Act of this State. SEC. 3. After any sale or sales shall have been made, as aforesaid, the guardian, or guardians, shall proceed to ascertain the amount of taxes due upon the real estate of said minors, and what sums will be required to redeem or discharge the said lands from any tax-sales heretofore made, and also to ascertain the expense of prosecuting the claim of said minors to the land aforesaid, and the debts outstanding against said minors for their support, maintenance, and education, and all other accounts legally chargeable against said minors, or their estate, and when ascertained, the said guardian, or guardians, shall report the same to the Probate Judge of Solano County. If the said demands are just and proper, the said Judge shall certify and allow the same, or any part he may think proper, and direct and empower the said guardian, or guardians, to pay and discharge the same. SEC. 4. Any and all funds remaining in the hands of the funds to be guardian, or guardians, arising from said sale or sales, after the payment of the charges and expenses allowed by the Court, as aforesaid, shall be laid out and invested under the direction of said Probate Judge, for the support, maintenance, and education of said minors, and said guardian, or guardians, shall be liable on their bonds for the safe-keeping and proper disposition of all such funds, in all respects, according to the general provisions of the statute concerning guardians. CHAP. CXLIII.-An Act to provide for the Payment of Volume Eight of the Reports of the Supreme Court of the State of California. [Approved March 28, 1859.] The People of the State of California, represented in Senate and SECTION 1. The sum of two thousand dollars is hereby appro- $2000. priated from the General Fund, out of any moneys in the treasury not otherwise appropriated, to be applied to the payment of volume eight of the Reports of the Supreme Court of the State of California, containing reports of cases decided at the July and October Terms of said Court, in the year eighteen hundred and fifty-seven. Treasurer. SEC. 2. The Controller is hereby authorized and required to Warrant on draw his warrant on the Treasurer, in favor of H. Toler Booraem, for the sum of two thousand dollars, on receiving the certificate of the Secretary of State that he has received from said Booraem three hundred copies of said volume eight of said Reports. SEC. 3. Said volume eight of said Reports is hereby declared Official to be one of the Official Reports of the Supreme Court of this reports. State. CHAP. CXLIV.-An Act to amend an Act entitled an Act to regulate proceedings in Civil Cases in the Courts of Justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one. [Approved March 28, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section forty of said Act is hereby amended so as to read as follows: Section forty-The defendant may demur to the complaint Demurrer. within the time required in the summons to answer, when it appears upon the face thereof, either, first, that the Court has no jurisdiction of the person of the defendant, or the subject of the action; or, second, that the plaintiff has not legal capacity to sue; or, third, that there is another action pending between the same parties for the same cause; or, fourth, that there is a defect or misjoinder of parties plaintiff or defendant; or, fifth, that several causes of action have been improperly united; or, sixth, that the complaint does not state facts sufficient to constitute a cause of action; or, seventh, that the complaint is ambiguous, unintelligible, or uncertain. SEC. 2. Section two hundred and thirty-one of said Act is hereby amended so as to read as follows: Section two hundred and thirty-one-The judgment-debtor or Redemption. |
