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thereof, and receive the purchase-money therefor, and the titles so conveyed shall be as valid as if made under an order of the proper Probate Court in the due course of law.
SEC, 3. The said executors shall, from time to time, and as Account. often as they shall be required by the Probate Court having jurisdiction of the estate of the said Larkin, and the administration thereof, render to said Court a correct and accurate account of the lands so sold, to whom sold, and at what price, and shall account for the proceeds of such sales as for other assets in their hands pertaining to said estate.
Sec. 4. Nothing in this Act contained shall be so construed Will. as to contravene any of the provisions of the last will and testament of the said Thomas O. Larkin, deceased.
CHAP. CLV.-An Act supplemental to an Act entitled an Act to
amend an Act to regulate Proceedings in Civil Cases, passed April twenty-ninth, eighteen hundred and fifty-one, approved February twenty-first, eighteen hundred and fifty-nine.
[Approved April 2, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Nothing in section one, two, and three, of an Act Countios entitled an Act to amend an Act to regulate proceedings in civil exempted. cases, approved February twenty-first, eighteen hundred and fifty-nine, shall be so construed as to apply to the Counties of Solano, Fresno, Tulare, Calaveras, Sutter, Sonoma, Butte, Mariposa, Yolo, Contra Costa, Tehama, Los Angeles, Monterey, Plumas, San Bernardino, Stanislaus, San Joaquin, Yuba, Merced, Trinity, Humboldt, Klamath, Del Norte, Tuolumne, Santa Cruz, Shasta, Napa, El Dorado, Placer, Santa Barbara, San Luis Obis. po, Marin, Mendocino, Alameda, Santa Clara, and Amador. But said Counties shall be governed, in reference to the subject-matter of said sections one, two, and three, by the provisions of the laws in force prior to the passage of the said Act of February twenty-first, eighteen hundred and fifty-nine.
SEC. 2. This Act shall take effect, and be in force, from and Take effect. after the twentieth day of May, eighteen hundred and fifty-nine.
CHAP. CLVI.- An Act to remedy the loss of a certain Certificate of
the Mokelumne Hill Canal and Mining Company.
[Approved April 2, 1859.]
Whereas, The Mokelumne Hill Canal and Mining Company has Preamble.
filed in the office of the Secretary of State, on the twenty-third
day of March, eighteen hundred and fifty-nine, a certificate,
Secretary of State's office: Therefore-
Assembly, do enact as follows :
Authorized to sell certain
CHAP. CLVII.-An Act Supplemental to an Act entitled an Act
granting certain powers to the Board of Elucation of the City and County of San Francisco, approved April twenty-sixth, eighteen hundred and fifty-eight.
[Approved April 4, 1859.]
Assembly, do enact as follows:
of said City and County of San Francisco, and his successors, real estate. shall be, and are hereby, authorized, empowered, and required,
whenever thereto requested by said Board of Education, to make, execute, and deliver, to said Board of Education-trustees, as aforesaid-a good and sufficient deed, of all the title of the City and County of San Francisco, in and to that portion of one-hundred-vara lot, number two hundred and seventy-four, situated at the north-east intersection of Bryant and Price streets, in said City, conveyed to the City of San Francisco, by Louis Bonvallot, and Anie Roni, at the special instance and request of Austin E. Smith, in compliance with ordinance of said City, number one thousand and thirty-three, approved June thirtieth, eighteen hundred and fifty-six, and which said premises are more particularly described in said deed, recorded in the Recorder's office of said City and County, in book number sixty-two of deeds, page four hundred and ninety-two; and said Board of Education are hereby authorized, empowered, and required, whenever the deed from the said President shall have been exec:.ted, to release, relinquish, and convey to the said Austin E. Smith, and his beirs,
Power to sue.
all their right, title, and interest, in and to one-hundred-vara lot number two hundred and fifty-eight, and more particularly described in a deed from James Van Ness, Mayor of the City of San Francisco, to Austin E. Smith, recorded in the Recorder's office of said City and County, in book number sixty-two of decds, on page four hundred and ninety-one, and in contirination of the title so conveyed by said City to said Austin E. Smith.
SEC. 2. The said Board of Education, as such trustees, shall have full power, in their own name, as the Board of Education of the City and County of San Francisco—trustees as aforesaid—to sue for any and all lots, and any and all lands and property granted, deeded, conveyed, or belonging to said Board of Trustees, as aforesaid, and to prosecute all actions, at law or in equity, necessary to recover and receive the full enjoyment and possession of the same, and further, to do any and all lawful acts necessary thereto.
CHAP. CLVIII.-An Act to provide for levying Tares for State
and County purposes, in Solano County, for the year A. D. eighteen hundred and fifty-nine.
(Approved April 5, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The Board of Supervisors of Solano County are Levying on Monday, the eleventh day of April, A. D. eighteen hundred 1859. hereby required to meet at the County-seat of Solano County, and fifty-nine, for the purpose of levying all taxes necessary for State and County purposes, for the year A. D. eighteen hundred and fifty-nine.
Sec. 2. The taxes levied at such meeting of the Board of Su-Efect and pervisors of said County, shall have the same force and effect, and be in all respects as legal and binding, as if they had been regularly levied on or before the first Monday of March, A. D. eighteen hundred and fifty-nine.
CHAP. CLIX.-An Act to provide for the payment of Judgments
against the City, the County, and the City and County of San Francisco.
[Approved April 6, 1859.]
Assembly, do enact as follows:
of San Francisco shall immediately ascertain the amount to which the City and County of San Francisco is indebted upon all final judgments against the City of San Francisco, and against the County of San Francisco, and against the City and County of San Francisco, upon which judgments the time for appeal has passed, or upon which the said City and County does not intend to appeal.
SEC. 2. The amount so ascertained shall be added by said Board of Supervisors to the tax authorized by law to be raised for all other purposes, for the fiscal year eighteen hundred and fifty-nine, eighteen hundred and sixty, by taxation upon the real and personal property subject to taxation in said City and County, and the said amount, so added, shall be levied as a special tax, and thereupon shall be collected in like manner as other taxes, and shall constitute a Special Fund in the treasury of said City and County, upon which the Board of Supervisors of said City and County are hereby authorized to allow demands for the payment of said judgments, which judgments shall have priority in payment according to their date, and the Auditor of said City and County may thereupon audit, and the Treasurer pay, the said demands.
CHAP. CLX-An Act to audit certain Claims.
[Approved April 6, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The claim of (). D. Avaline, for publishing proclamations of the Governor of the State, in the month of October,
one thousand eight hundred and fifty-six, the sum of twenty-three dollars, is hereby audited and allowed.
And the claim of Woodworth Johnson, for work done at Insane Asylum in the month of December, A. D. one thousand eight hundred and fifty-six, the sum of twenty dollars, is hereby audited and allowed.
CHAP. CLXI.- An Act to audit and allow the Claim of Adam Schup
[Approved April 6, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The claim of Adam Schuppert, for printing and translating, in the German language, the report of the Superin
-endent of Public Instruction, in the year eighteen hundred and fifty-six, the sum of one thousand three hundred and fortyfour dollars and thirty-one cents, is hereby audited and allowed.
CHAP. CLXII.-An Act in relation to Trial-Jurors in the Court of
[Approved April 6, 1859.)
Assembly, do enact as follows : SECTION 1. The trial-jury summoned for the Court of Ses- Court of sions in the Counties of Placer, San Mateo, San Luis Obispo, Del Norte, Sonoma, Mendocino, and Marin, shall be the Trial Court. jury for the County Courts of said Counties; Provided, that nothing contained herein shall be held to entitled any juror to received pay out of the County treasury of said County for more than service in one Court, less the amount he may have received at such term as fees paid by parties in civil or criminal
CHAP. CLXIII.—An Act to regulate the Fees of certain Officers in
[Approved April 6, 1859.]
Clerk of the
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
amed, Fees of for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully charge, demand, and receive, the same.
SEC. 2. The fees of the Clerk of the District Court shall be as follows:
For entering each suit on the register of actions, and making the necessary entries therein, for each folio, twenty-five cents.
For issuing every writ or process, under seal, seventy-five cents.
For issuing a subpena, for each witness, fifteen cents.
For entering every motion, rule, order, or default, thirty-five cents.
For entering every discontinuance, dismissal, or non-suit, thirty-five cents.
For entering every cause on the calendar, and making a copy for the bar, for each term of the Court, seventy-five cents.
For calling and swearing every jury, seventy-five cents.