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purchase.

CHAP. CLXXVII.-An Act for the Relief of Purchasers of Lunds

from the State of California.

[Approved April 8, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follou's : Cortificate of SECTION 1. In all cases where swamp and overflowed lands,

in good faith, bave been, or may be attempted to be purchased from the State under Acts of the Legislature, and the partial payments of purchase-money, or interest, has been made, and the same have been, or may become forfeited, from the fact that the terms of the purchase have not been complied with, under a strict construction of said Acts, the Register of the State Land Otlice shall issue a certificate of purchase ; Provided, the interests of the State are not thereby sacrificed, or the rights of third parties interfered with ; And provided, further, that the defaulting party shall, within six months from the passage of this Act, present his equitable claim to the Register, and prove that all arrearages have been paid up as required by the Act under which the purchase was made, and apply for his certificate of purchase in the manner which may be prescribed by said Register.

SEC. 2. When lands for which certificates of purchase have already been issued, shall have been, or may become forfeited, the Register may issue new certificates on the surrender of the old one.

The Register shall write across the face of those surendered, “Surrendered," with the date of the new certificate, and the name of the party to whom issued, and said old certificate shall be filed in the State Land Office. For issuing certificates of purchase, under the provisions of this Act, the Register shall be entitled to demand and receive the same fees as are allowed for

the issuing of original certificates. Ex lange SEC. 3. When parties bave purchased lands from the State,

supposing them to be the property of the State, and said lands shall be found to be the property of private individuals, or of the General Government, the said Register shall allow other lands belonging to the State, of a similar character, to be taken

in lieu thereof, and give title for the same. Certificates SEC. 4. In all cases where lands of the State have been, or to be issued.

may hereafter be sold, the Register of the Land Office may issue certificates of purchase; Provided, he is satisfied, from the certificate of the County Treasurer, that the money has been paid into the County treasury.

Surrender
ot olid
cit:ncates.

of land

CHAP. CLXXVIII.-An det amendatory of an Act entitled an Act

amendatory of an Act entitled an Act to authorize the Board of Supervisors of Nevada County to lery a special tax for County purposes, approved April tuenty-second, one thousand eight hundred and fifty-seven, approved February twenty-seventh, one thousand eight hundred and fifty-cight.

[Approved April 8, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The first section of an Act entitled “An Act amendatory of an Act entitled an Act to authorize the Board of Supervisors of Nevada County to levy a special tax, for County purposes, approved April twenty-second, one thousand eight hundred and fifty-seven, approved February twenty-seventh, one thousand eight hundred and fifty-eight, is hereby amended so as to read as follows:

Section onc— The Board of Supervisors in and for the County Special tax. of Nevada is hereby authorized to lovy, annually, in addition to the taxes authorized by existing laws, for County purposes, a special tax, as follows: A sum not exceeding two dollars on each male inhabitant of the County, not by law exempt from poll-tax, and an ad valorem tax, not to exceed fifty cents upon each one hundred dollars value of taxable property in said County; and such poll and property-tax shall be assessed and collected at the same time, and in the same manner as are assessed and collected the poll and property-tax under the general Revenue Laws of this State, and all the provisions of the laws now in force, or which may be hereafter enacted, regulating and prescribing the duties of officers in assessing and collecting the poll and property-taxes for State and County uses, shall be applicable to the assessment and collection of the taxes authorized to be levied by this Act. All moneys collected, under the provisions of this Act, shall be paid into the County treasury, and it shall be the duty of the County Treasurer to set apart the same, as a Fund to defray the current expenses of the County, other than the salaries and fees of the County officers, and shall be disbursed by him, on warrants drawn on said Fund by the County Auditor. If the Auditor shall draw any warrant on said Fund, unless by oriler of the Board of Supervisors, and entered of record on the proceedings of said Board, he shall be liable on his official bond for the full amount of such warrant, at the suit of said County.

Sec. 2. And be it further enacted, That section five of the Warrants. original Act, entitled "In Act to authorize the Board of Supervisors of Nevada County to levy a special tax, for County purposes," approved April twenty-second, one thousand eight hun. dred and fifty-seven, be amended so as to read as follows : “All warrants drawn on the Fund arising under the provisions of this Act shall distinctly specify on the face the liability for which they are drawn, and shall be paid in the order of presentation to the County Treasurer. It shall be the duty of the County

Auditor, on or before the first Monday in April, one thousand eight hundred and sixty, and of each year thereafter, to estimate what balance will remain in said Fund, on the first Monday of the next succeeding month, after paying all the warrants then

drawn on the said Fund. As soon as such estimate is made, it Proposals. shall be bis duty to give thirty days' notice, by publication in a

.

newspaper printed within the County, of the amount as estimated by him in said Fund, and that sealed proposals for the surrender of unpaid County warrants registered on the General Fund of the County, will be received by him up to the first londay of May of that year. If the Board of Supervisors should be in session on that day, or, if not, then on the first day thereafter, when the Board is in session, the County Auditor, and County Treasurer shall attend before said Board, and the proposals for the surrender of warrants shall be opened in their presence. The lowest bids for the surrender of warrants shall be accepted by the Board of Supervisors; Provided, that no bid for more than the

par value of the warrants to be surrendered, nor any bid, unless accompanied by the said warrants, shall be accepted. The County Treasurer shall take a description of each of the warrants accepted by the Board, with the number of each, the amount for which it is drawn, and, also, the amount for which it is offered to be surrendered, and make a record thereof in his register of warrants presented. The Board of Supervisors shall thereupon make an order, directing the Auditor to issue a warrant or warrants, on the Fund arising under this Act, in payment of the accepted bids, which shall be paid by the Treasurer on presentation, and the warrants so redeemed shall be retained by the Auditor, and canceled in the same manner as warrants deposited with him, after being redeemed by the Treasurer. The bids for the surrender of warrants being equal, the preference shall be given to the warrants for the smallest amounts—the bids and amounts being equal, the preference sball be given to the purchase of the warrants prior in date of registry. The Auditor shall return all unaccepted bids, together with the warrants therein contained, to the owners, on demand.”

CHAP. CLXXIX.- An Act to amend an Act entitled an Act to re

peal the Act passed Varch twenty-sixth, one thousand eight hundred and fifty-one, entitled "An Act to incorporate the City of Sucramento," and the several Acts amendatory and supplementary thereto, and to incorporate the City and County of Sacramento.

[Approved April 8, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : Section 1. Section fifty-six of said Act is hereby amended so as to read as follows:

Section fifty-six-Each and every Company, at its stated meet

Board of
Delegates.

ing, in the month of July, in every year, shall elect two of its Board of members as delegates to the Board of Delegates of the Fire Delegates. Department of Sacramento, which Board shall consist of two representatives from each Fire-Company, who shall be sworn to faithfully discharge the duties of their office. They shall have power to elect, and define the duties of, a President, Vice-President, Secretary, Treasurer, a Board of Trustees of the Charitable Fund of the Department, and such other officers as they may from time to time, deem necessary. They shall have power to make all laws for the government of the Fire Department, and all laws made by them shall be binding on every Company, and member of the Department. Any Engineer, Company, officer, or member of the Department, who shall violate any of said laws, or who shall refuse to obey the lawful orders of the Chief, or other Engineers, shall. upon complaint, he tried by the Board, and, if found guilty, be censured, suspended, removed from office, or expelled from the Fire Department, as the judgment of the Board may direct. They shall have power to simmon any member of the Department to attend and testify in any case when an officer or member of the Department is charged with having broken its laws; and any officer or member of the department who shall disobey such summons, may be suspended or expelled from the department, as the judgment of the Board may direct. They shall examine the returns, and declare the result of all Engineers' elections, and give them their certificates of office. The salary of the Chief Engineer shall be fifteen hun. dred dollars per annum, payable from the Salary Fund provided in section thirty-five of this Act, and he shall be, ex officio, Fire Warden. The salary of the Secretary of the Board of Delegates shall be five hundred dollars per annum, payable from the Salary Fund, provided in said section thirty-five, and he shall be, ex officio, Clerk of the Board of Trustees of the Charitable Fund of the Department The salary of the first and second Assistant Engineers shall be five hundred dollars per annum, each, payable monthly from the Salary Fund provided in said section tbirty-five, and they shall be, ex officio, Fire Wardens; Provided, that this section shall not take effect until the first Monday in August, one thousand eight hundred and fifty-nine.

Sec. 2. Section seven of said Act is hereby amended so as to read as follows:

Section seven—The Supervisors, as constituted by this Act, at officers to be their first meeting, and quarterly thereafter, shall elect a Clerk chosen. of the Water-works, an Engineer of the Water-works, a Chief of Police, a Lieutenant of Police, who shall act as Harbor-master, and not exceeding eight policemen; and the officers so elected, shall each take the oath of office, and perform such duties as are imposed by this Act, or which may be required by the Supervisors by ordinance; and they shall hold office for three months, and until their successors are elected and qualified, unless sooner suspended, tried, and removed, as hereinafter provided.

Sec. 3. Section sixty is hereby amended so as to read as follows: Section sixty-The Board of Supervisors shall have sole power Power of

Supervisors.

to order work and supplies for the Fire Department. All proposals for the same shall be opened by the Chief Engineer, in presence of the Committee on Fire and Water of the Board of Supervisors, and be, by them, without unreasonable delay, awarded to the lowest responsible bidder, or bidders. All work done for, and supplies furnisbed, said Department, shall be under the supervision of the Chief Engineer, and he shall certify all bills for such work and supplies. The Board of Supervisors shall pay to each Engine-company the sum of six hundred dollars per annum, payable monthly; and they shall pay to each Hook-and-ladder-company, and each Hose-company, the sum of four hundred dollars per annum, payable monthly; the same to be used in keeping the apparatus and hose in repair, under the general supervision and control of the Chief Engineer, and when proper care is not taken of said

pparatus and hose, he shall have power to stop the appropriation.

All moneys collected for licenses for the sale of gun-powder, shall be paid into the Charitable Fund of the Fire Department.

Charitable
Fund.

CHAP. CLXXX.-An Act amending an Act entitled “An Act con

cerning Jurors," approved May third, eighteen hundred and fiftytwo.

Jurors to be drawn by ballot.

[Approved April 8, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follous : Section 1. Section five of said Act is hereby amended so as to read as follows:

Section five-Upon the receipt of the order, as mentioned in the last section, the County Judge, County Clerk, and Sheriff, shall immediately proceed to copy from the assessment-roll of the County, the names of thirty persons, each name upon a separate piece or slip of paper. The ballots so prepared shall be placed in a box prepared by the County Clerk for that purpose, and said County Clerk shall, in presence of the County Judge and Sheriff, draw from the box the names of sixteen persons, to serve as grand-jurors until discharged by the Court. 'If it shall satisfactorily appear that any person whose name is contained on any ballot is dead, or has become insane, or has removed from the County, or that he is known in other respects not to be a competent juror, that fact shall be entered on the minutes of the drawing, and the ballot containing the name shall be destroyed. Another ballot shall then be drawn, in place of that destroyed; and the name contained thereon shall, in like manner, be entered in the minutes of the drawing, and the same proceedings shall be had as often as necessary to complete the requisite number. The Clerk shall keep a list of the names placed in the box, and a minute of the drawing, which shall be signed by the Clerk and attending officers, and forth with filed

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