clause. SEC. 36. All Acts, and parts of Acts, in conflict with the pro- Repealing visions of this Act, so far as they apply to the County of Nevada, are hereby repealed. SEC. 37. This Act shall take effect and be in force from and Take effect. after the first Monday in October, one thousand eight hundred and fifty-nine. CHAP. CCLXIX.-An Act for the Payment of Expenses incurred in the Suppression of Indian Hostilities, in certain Counties in this State. [Approved April 16, 1859.] The People of the State of California, represented in Senate and SECTION 1. The sum of fifty-two thousand five hundred and $52,527 86 twenty-seven dollars and eighty-six cents ($52,527 86,) is hereby appropriatel appropriated, out of any money in the General Fund not otherwise appropriated, for the payment of the indebtedness incurred by the expedition against the Indians in the Counties of Humboldt and Klamath, during the year A. D. eighteen hundred and fiftyeight, and eighteen hundred and fifty-nine. SEC. 2. The following schedule of pay is hereby established, Schedule of for the officers and men engaged in the expedition, viz.: For pay and allowances of Captain, one hundred dollars per month. For Surgeon, one hundred dollars per month. For First-Lieutenant, seventy-five dollars per month. For Second-Lieutenant, sixty-five dollars per month. Three Duty Sergeants, fifty-five dollars per month. Four Corporals, fifty-two dollars and fifty cents per month. pay. audited. SEC. 3. The Board of Military Auditors are hereby required Claims to be to audit, and allow, all legal claims, for services rendered, supplies furnished, and expenses incurred, in the late Indian War, in Humboldt and Klamath Counties; and the Controller shall draw his warrant on the Treasurer, for such amounts as shall be audited under the provisions of this Act. of Examin'rs SEC. 4. This Act shall be exempt from the provisions of an Exempt Act entitled "An Act to create a Board of Examiners, to define from Board their powers and duties, and to impose certain duties upon the Controller and Treasurer," approved April twenty-first, one thousand eight hundred and fifty-eight. foreclosure. CHAP. CCLXX.-An Act amendatory of, and supplemental to, an [Approved April 16, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section nine of an Act entitled an Act creating a State Land Office for the State of California is hereby amended so as to read as follows: Certificate of Section nine-When the Register shall have countersigned the receipt of the State Treasurer, it shall be his duty to enter the sale upon the map and proper books of his office, and then to issue to the purchaser a certificate of purchase, bearing the seal of his office, properly describing the tract sold, the amount paid, and the amount due, and when payable, with other particulars of sale, and stating that when payment in full has been made, the party purchasing, his heirs, or assigns, will be entitled to a patent, provided the land has been confirmed to the State by the General Government, but if default is made in making such payment, the tract will revert to the State, and all previous payments be forfeited. Such certificates, and all rights acquired thereby shall be subject to sale and transfer, by deed or assignment, executed and acknowledged before any officer authorized to take acknowledgments of deeds, or before the said Register. Full entries of all sales made and certificates issued shall be kept by the said Register in proper books of his office. Trial of contest. SEC. 2. Section sixteen of said Act is hereby amended so as to read as follows: Section sixteen-The Surveyor-General and Register are hereby authorized to issue all the necessary instructions for the proper fulfillment of the requirements of this Act. In all cases where a contest for the certificate of purchase or other evidence of title to the same tract or tracts of land shall arise before the Register, when such contest is purely a question of fact or a question as to the survey, the Register shall determine the same according to the facts, and issue the certificate of purchase therefor to the person he shall determine to be entitled thereto. When, in the judgment of the Register, a question of law alone or of law and fact, is involved in such case, or when either party shall demand a trial of such questions in the Courts of this State, said Register shall enter such demand or judgment of the Register in the record of the proceedings had before him, together with a direction that the parties are referred to the Courts of the State for a legal determination of such conflicting claim or contest. Either party to such contest may bring his action in the District Court of the County in which the land in question is situate, to determine such conflicting claim, and the proffer of a certified copy of said entry, made by the Register, shall give to said District Court full and complete jurisdiction to hear, try, and determine said conflicting claims. Upon the filing, with the State Register, a certified copy of the final judgment of said District Court, said State Register shall issue his certificate of purchase, or other evidence. of title, in accordance with such judgment. SEC. 3. The Surveyor-General and Register of the State Land Deputy. Office shall have power, under his hand and seal, to appoint a Deputy who may, during the absence of the Surveyor-General and Register from the office, perform all duties belonging to the offices. And for his own security, the Surveyor-General and Register may require such Deputy to give him a bond, in such sum and with such securities as he may deem sufficient; Provided, that said Deputy shall be entitled to no compensation from the State for acting in such capacity. CHAP. CCLXXI.-An Act supplementary to an Act entitled "An Act concerning Crimes and Punishments," passed April sixteenth, one thousand eight hundred and fifty. [Approved April 16, 1859.] The People of the State of California, represented in Senate and SECTION 1. If any person, or persons, shall exhibit to another, Obscene publish, pass, sell, or offer for sale, within this State, any lewd or book, etc. obscene book, pamphlet, picture, print, card, paper, or writing, or shall have in his, her, or their, possession, any such lewd or obscene book, pamphlet, picture, print, card, paper, or writing, with intent to exhibit, publish, pass, or sell, the same, every person so offending shall be deemed guilty of a misdemeanor, and punished, on conviction, by a fine not exceeding five hundred dollars, or imprisonment in the County-jail not exceeding three months, or by both such fine and imprisonment. SEC. 2. In prosecutions, under this Act, it shall not be neces- Averment. sary to set forth, in the indictment or complaint, any portion of the language used in such book, pamphlet, picture, print, card, paper, or writing; but it shall be sufficient to aver, generally, the fact of the lewdness or obscenity thereof. Court. SEC. 3. The Court before which any conviction may be had, Destroyed by for any of the offences mentioned in this Act, may order to be order of destroyed any and all such lewd or obscene books, pamphlets, pictures, prints, cards, papers, or writings, which may be brought before it, or be used upon a trial; and the Sheriff, Marshal, Chief of Police, or Constable, charged with the execution of said order, shall immediately thereafter destroy the same. SEC. 4. Courts of Sessions, Justices of the Peace, Recorders' Jurisdiction. Courts, in this State, and the Police Judge's Court, of the City and County of San Francisco, in this State, shall have full and complete jurisdiction over all cases arising under the provisions of this Act. Sept. 15, to Landing seines. Bluff shore. Centre of the river. Penalty. CHAP. CCLXXII.—An Act to regulate Salmon Fisheries on Eel [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful to catch or take salmon from Eel River, at any time between the fifteenth day of September and the twenty-fifth day of November, of each year, in any manner, and by any means, not prohibited by the laws of this State. SEC. 2. The owners of land, fronting on the above-named River, shall have exclusive right and privilege of casting, hauling, and landing seines and nets, on their own water-front. For the purposes of this Act, all bars, and the bed of said river, lying between the lines of the official survey and extreme low-water mark, shall be deemed and held to be the water-front of the landowner whose lines border on said river, or run nearest thereto. SEC. 3. Where there is a bar, or grade, suitable for landing seines or nets, on one side of the river, and a bold shore, and steep, abrupt bank on the other, the owner, or owners, of the land embracing such bar, or grade, shall have the exclusive privilege of using the entire width of the river, for fishing purposes. at such points or places; Provided, always, that such owner, or owners, shall in nowise impede, or interfere with, the navigation of said river. SEC. 4. Whenever, on both sides of said river, there is a bar, or grade, suitable for landing seines or nets, the owners of the land on each side of said river, embracing such bars, or grades, shall exercise fishing privileges and rights to the centre of the river, at low-water mark. SEC. 5. Any person who shall cast, haul, or draw any seine, or net, on Eel River, for the purpose of catching salmon, at any other season than named in this Act, or not having the right to cast, haul, draw, or land such seine, or net, as provided in this Act, shall be deemed, and held to be, a trespasser against the persons whose rights are by this Act fixed and determined, and, in addition to any civil action had thereon, may be convicted of a misdemeanor, for every such offence, and punished by fine, not less than twenty-five, nor exceeding two hundred dollars, or imprisonment in the County-jail, not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court. CHAP. CCLXXIII.-An Act to audit and allow Certain Claims. [Approved April 16, 1859.] The People of the State of California, represented in Senate and SECTION 1. The claim of Wm. H. Peterson, for arresting a mur- Peterson. derer, by the name of Anestacia Garcia, on the twelfth of October, eighteen hundred and fif y-six, and indicted for the murder of Isaac B. Wall and Thomas Williamson, in the County of Los Angeles, the sum of one thousand dollars, is hereby audited and allowed. And the claim of T. R. Eldredge, for translating the Reports Eldredge. of the State Treasurer and Controller, for the year eighteen hundred and fifty-six, in the French langnage, the sum of five hundred and four dollars and thirty-seven cents, is hereby audited and allowed. CHAP. CCLXXIV.-An Act to Separate the Offices of County Recorder, County Auditor, and Clerk of the Probate Court, from the office of County Clerk, in the County of Sierra. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. From and after the first Monday in October, in offices the year one thousand eight hundred and fifty-nine, the offices separated. of County Recorder, County Auditor, and Clerk of the Probate Court, in the County of Sierra, shall be separate from the office of County Clerk. SEC. 2. At the general election to be held in the year one Election of thousand eight hundred and fifty-nine, and at the general elec- Recorder. tion every two years thereafter, shall be elected in the said County, a County Recorder, who shall enter upon the duties of his office on the first Monday in October, subsequent to his election, and shall hold said office for the term of two years, and until his successor is elected and qualifled. office. SEC. 3. The term of said office shall be two years, and shall Term of commence on the first Monday in October, in the year one thousand eight hundred and fifty-nine, and on the first Monday in October every second year thereafter. SEC. 4. The County Recorder of said County shall be ex Ex officio. officio County Auditor, and Clerk of the Probate Court, and shall qualify, for his said office and ex officio offices; shall enter into such bond, or bonds, which bond, or bonds, shall be filed with the County Clerk of said County, for the faithful discharge of his duties; shall be possessed of all the authority, shall be subject to all the prohibitions, liabilities, and penalties, and shall |
