examination, no objection to the form of an interrogatory shall be made at the trial, unless the same was stated at the examination. Witnesses. CHAP. CCXI.-An Act Amendatory of an Act entitled "An Act to Regulate Fees in Office in certain Counties of this State," approved April twenty-eighth, eighteen hundred and fifty-seven. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section eleven of said Act is hereby amended so as to read as follows: Section eleven-Fees of witnesses for attending in any civil suit, or proceeding before any Court of Record, Referee, Commissioner, or Justice of the Peace, for each day, two dollars; for traveling to the place of trial, for each mile, twenty cents. No person shall be obliged to testify in a civil action unless his fees for attendance have been tendered him, or he shall not have demanded the same; no person shall be obliged to attend as a witness in any civil action or proceeding without the County in which he resides, unless the distance be less than thirty miles from his place of residence to the place of trial. On going out of office. Force and effect. CHAP. CCXII.—An Act to authorize District Judges in Certain Cases to sign Records and settle Statements. [Approved April 12, 1859.]. The People of the State of Californa, represented in Senate and SECTION 1. It shall be lawful, from and after the passage of this Act, for any District Judge of this State, at any time within twelve months after the expiration of his term of office, or within twelve months after he shall, from any cause, have ceased to exercise the duties of such office, to sign any records of his Court that he may have left unsigned, at the time of going out of office; also, to sign and settle statements on motions for new trials, and statements and bills of exceptions on appeal to the Supreme Court, subject to the same regulations and restrictions that now are, or hereafter may be, prescribed by law. SEC. 2. Said records, when thus signed, and said statements and such bills of exceptions, when thus settled, shall have the same legal force and effect that they would be entitled to had they been signed or settled by the Judge whilst in the exercise of his office. SEC. 3. This Act shall not be deemed to take from the suc- Successors. cessors of any District Judge the power to sign any record, or to sign and settle any statement or bill of exceptions, as heretofore authorized by law. CHAP. CCXIII.-An Act to Appropriate Money for the Relief of [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. The sum of one hundred and three dollars and Savage. fifty-eight cents is hereby appropriated, to pay Richard, Savage, for balance due him as Journal-Clerk of the Assembly of the Ninth Session, A. D. eighteen hundred and fifty-eight. And the sum of three hundred and thirty dollars, to pay J. T. Ewing, for services as Assistant-Secretary of the Senate, from the twenty-seventh day of April to the twenty-sixth day of May, a. D. eighteen hundred and fifty-eight. Ewing. And the sum of one hundred and three dollars and fifty-eight Hawkins. cents, to pay Cyril Hawkins, being balance due him for completing Assembly Journals of the Ninth Session, A. D. eighteen hundred and fifty-eight. And the sum of six hundred and seventy-three dollars and McKenzie. fifty-two cents, to pay F. S. McKenzie, for services as Stateprison Director in the months of January, February, and March, eighteen hundred and fifty-seven. And the sum of six hundred and seventy-three dollars and Bell. fifty-two cents, to pay Alexander Bell, for services as State-prison Director, in the months of January, February, and March, eighteen hundred and fifty-seven. And the sum of three hundred and sixty dollars, to pay Thos. Cazneau. N. Cazneau, for services as Secretary of the Senate, from the twenty-seventh day of April, to the twenty-sixth day of May, A. D. eighteen hundred and fifty-eight. And the sum of one hundred and thirty-eight dollars and Scobey. eleven cents, to pay J. W. Scobey, being balance due him for services rendered as Chief-Clerk of the Assembly, A. D. eighteen. hundred and fifty-eight. And the sum of one hundred and twenty-six dollars and sixty Bingay. cents, to pay J. N. Bingay, being balance due him as AssistantClerk of the Assembly, A. D. eighteen hundred and fifty-eight. And the sum of four hundred dollars, to pay J. S. Gillan, as Gillan. Warrant-Clerk to Controller in the months of January and February, A. D. eighteen hundred and fifty-eight. And the sum of two hundred and eighty dollars, to pay H. Whitman. H. Whitman, for back salary, as Clerk to Controller, for the months of March, April, May, and June, A. D. eighteen hundred and fifty-eight. Cushing. Daily Bee, Moreto. Miller. Smith. Crowell. Lee. And the sum of forty-five dollars and fifty-one cents, to pay Chas. D. Cushing, being balance due him for services rendered the Legislature of the Ninth Session, A. D. eighteen hundred and fifty-eight, as Page. And the sum of seventeen dollars and fifty cents, to pay the Daily Bee Office, for papers furnished Senators and Assemblymen during the session of the Legislature, A. D. eighteen hundred and fifty-eight. And the sum of eight dollars and fifty cents, to pay E. G. Moreto, for furnishing the Eco del Pacifico to Senators, Eighth Session, A. D. eighteen hundred and fifty-seven. And the sum of twenty-nine dollars, to pay Augustus Miller, for services as Cook of the Insane Asylum in the month of March, A. D. eighteen hundred and fifty-eight. And the sum of one hundred and ninety-eight dollars and thirty cents, to pay Austin E. Smith, for Temporary State Loan Bond No. 645, for one hundred dollars, issued April eighth, a. D. eighteen hundred and fifty, together with interest on same to the first day of January, A. D. eighteen hundred and fifty-three. And the sum of twenty-seven dollars, to pay William H. Crowell, for Clerk-fees, in the Seventh Judicial District, in the County of Sonoma, in the suit wherein the People of the State rs. W. A. Buster, William Spron, and John Headly et al., were defendants, in the month of October, A. D. eighteen hundred and fifty-seven. And the sum of eight hundred and ninety-six dollars, to pay R. P. Lee, for examination of the books of Ex-Treasurer S. A. McMeans, in the year eighteen hundred and fifty-eight. Salaries and rent. CHAP. CCXIV.-An Act to amend an Act entitled an Act to authorize the Treasurer of the City and County of San Francisco to pay certain Demands on the School Fund. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act entitled an Act to authorize the Treasurer of the City and County of San Francisco to pay certain demands on the School Fund, approved April twentieth, one thousand eight hundred and fifty-eight, is hereby amended so as to read as follows: Section one-The Treasurer of the City and County of San Francisco is hereby authorized and required to pay any and all demands for salaries of teachers in the common schools, and other demands payable out of the School Fund, of the year one thousand eight hundred and fifty-six, and one thousand eight hundred and fifty-seven, together with a demand upon the School Fund of said City and County, audited in favor of F. E. Preveaux, for rent of school-house for the months of April, May, and June, eighteen hundred and fifty-five, which are remaining un paid, and which have been duly audited and approved, out of any money that may be placed to the credit of the School Fund of said City and County of San Francisco, for the fiscal year ending June thirtieth, eighteen hundred and sixty, or out of any money that shall be loaned for the benefit of said School Fund; and if the money belonging to the School Fund for the fiscal year ending June thirtieth, eighteen hundred and fifty-nine, shall not be sufficient to carry on the schools for the usual term of ten months, then the Board of Education shall be authorized and required to order paid, and the Auditor to audit, and the Treasurer to pay, such deficiency out of the School Fund for the fiscal year ending June thirtieth, eighteen hundred and sixty. CHAP. CCXV.-An Act to provide for the Payment of Fees and Costs in Civil Actions by and against Counties. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. In all civil actions brought by the State or a Fees to be County, against any person or persons, association or corporation, audited. and in all such actions brought by any person or persons, association or corporation, against a County, Sheriffs, Clerks, and all other officers, and all persons required by law to perform services in civil actions, shall perform such services for the State or County, without requiring the payment of fees therefor in advance, but all such fees, and the costs accruing on the part of the State or County, as the case may be, shall become a charge against the State or County, as the case may be, and shall be audited and allowed as other demands against the State or County are audited and allowed. CHAP. CCXVI-An Act to provide for the Compensation of the Keeper of the County-Jail in the County of Shasta, and the Fayment for such Services in past years. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors in and for the County Keeper of of Shasta are hereby authorized and empowered to provide, by Jail. the issue of warrants, for the payment of the services of the Keeper of the County-jail in said County, since the first day of January, A. D. one thousand eight hundred and fifty-eight, and for the payment of such Jail-keeper, for services hereafter ren Warrants to dered by him according to law, at a compensation not to exceed SEC. 2. Whenever any person owning any warrants or other be canceled. evidence of indebtedness against said County, heretofore issued in payment for the services of Jail-keeper in said County, shall appear before the Board of Supervisors thereof, at any of their regular meetings, and shall deliver up any such warrant or evidence of indebtedness, for the purpose of a re-issue of warrants, under the provisions of this Act, it shall be the duty of said Board of Supervisors to cancel every such warrant or evidence of indebtedness, so delivered up, whereupon they shall become null and void; and the said Board of Supervisors are hereby authorized and empowered to issue, in lieu of such canceled warrants, or other evidence of indebtedness, a new warrant or warrants, for such sum or sums, (not to exceed in amount the original warrant or evidence of indebtedness,) as in their opinion. shall be just and equitable; and all such warrants so re-issued shall be valid and legal demands against the County; Provided, that no issue of warrants, under the provisions of this section, shall be made after the first day of January, A. D. one thousand eight hundred and sixty. Clerk's fees. CHAP. CCXVII.—An Act to amend section five hundred and nine of [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section five hundred and nine, of the above entitled Act, is amended so as to read as follows: Section five hundred and nine-On the commencement of an action, the plaintiff, and on the filing of notice of appeal from a final judgment, the appellant, shall pay to the Clerk three dollars. Each Clerk shall keep an account of all money so received, and shall pay over the same, at the end of each month, to the County Treasurer, taking his receipt for the same. It shall be the duty of the District-Attorney, at the commencement of each month, to examine the books of the Clerk and the receipts of the Treasurer, and, if found correct, shall execute a certificate to the Auditor to that effect, whereupon the Auditor shall charge the Treasurer therewith. All moneys received by the Treasurer, under the provisions of this section, shall be paid into the State Treasury, as other State revenues. Any officer who shall neglect or refuse to comply with the provisions of this section, shall be deemed guilty of L |
