have against a judgment obtained by the State against said sureties, and paid off by them. SEC. 2. The Controller of State is hereby authorized and Warrant. directed to issue to said Blake, Olmstead, Anderson, Rice, and the Administrator of John Cole, deceased, their agent, or assigns, his warrant upon the State Treasurer for the sum of nine hundred and eighty-nine dollars and sixty-five cents, upon filing with said Controller the orders of the Board of Supervisors of Trinity County, allowing D. W. Patten, Assessor, and J. W. Jaynes, Deputy Assessor of said County, said sum for the State's portion of Assessor's fees for assessments made in the year eighteen hundred and fifty-six. CHAP. CCCVII.-An Act to authorize the Courts of Record of this State to admit E. G. Browne to Practice as an Attorney and Counselor-at-law. [Approved April 16, 1859.] The People of the State of California, represented in Senate and Assembly, do enact as follows: practice. SECTION 1. It is hereby made lawful for any, or all, of the Admitted to Courts of Record of this State, to admit E. G. Browne to practice as an attorney or counselor-at-law, in the same manner as though he were a citizen of the United States and of this State. CHAP. CCCVIII.-An Act for the Relief of Hiram McLaughlin. The People of the State of California, represented in Senate and from SECTION 1. The Mayor and Common Council of the City of Released Los Angeles, are hereby authorized and empowered to release, liability. discharge, and acquit Hiram McLaughlin from any and all liability, obligation, and responsibility, as a surety upon the official bond of Wm. C. Getman, deceased, filed by the said Getman, as Marshal of the City of Los Angeles. Act repealed. DistrictAttorney to petition. Compensat'n Take effect. CHAP. CCCIX.-An Act to abolish the Office of Public Administrator, in and for the Counties of Tuolumne and Santa Barbara. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. An Act concerning the office of Public Administrator, and making it elective, passed April fifteenth, one thousand eight hundred and fifty-one, and the several Acts amendatory and supplementary thereto, so far as the same relate to the Counties of Tuolumne and Santa Barbara, are hereby repealed. SEC. 2. Whenever any resident of the Counties of Tuolumne, or Santa Barbara, dies possessed of any property, and no person applies to the Probate Court for letters of administration, entitled thereto by law, it shall be the duty of the District-Attorney to petition the Probate Court for letters of administration, to any legally qualified person, in the discretion of the Court, which person shall give such bonds for the faithful performance of his duties, as is required by law. SEC. 3. The District-Attorney shall receive such compensation for the performance of duties prescribed in this Act, as the Probate Court may deem just. SEC. 4. This Act shall take effect, on and after the first day of October, A. D. one thousand eight hundred and fifty-nine. City officers. CHAP. CCCX.-An Act to amend an Act entitled "An Act to incorporate the Town of Petaluma," approved April twelfth, one thousand eight hundred and fifty-eight. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section six of the above-entitled Act is hereby amended so as to read as follows: Section six-There shall also be elected, at each annual election of the City of Petaluma, a Recorder, Treasurer, Assessor, Marshal, and Street Commissioner, who shall hold office for one year, and until their successors are elected and qualified. The Marshal shall be Collector of all taxes levied by the Board, and the Trustees shall have power to remove all officers appointed by them, at pleasure. They, (the said Trustees,) shall have power to prescribe the duties and fix the compensation of all City officers not herein provided, and fill, by appointment, all offices becoming vacant by death, resignation, or otherwise, till the next general election; Provided, the said Street Commissioner shall not receive more than three dollars per day for the time actually employed; his bills to be approved and audited by the Trustees, as other bills are against the City. SEC. 2. Section ten of said Act is hereby amended so as to read as follows: Section ten-The Board of Trustees shall not contract any Board of liabilities, either by borrowing money, loaning the credit of the Trustees. City, or contracting debts, which, singly or in the aggregate with any previous debts or liabilities, shall exceed the sum of five hundred dollars over and above the amount in the treasury, and one-half the amount of the estimated revenue then due the City. CHAP. CCCXI-An Act to provide for Fixing the Commencement of the Terms of Office in the County of Butte. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Sheriff, Treasurer, County Clerk, Recorder, Until 1860. Assessor, Surveyor, District-Attorney, Supervisors, and Superintendent of Common Schools, of the County of Butte, shall continue to hold their respective offices until the first Monday in January, A. D. one thousand eight hundred and sixty, and until their successors are elected and qualified. office. SEC. 2. The Sheriff, Treasurer, County Clerk, Recorder, As- Enter upon sessor, Surveyor, District-Attorney, Supervisors, and Superintendent of Common Schools, hereafter to be elected in the County of Butte, shall enter upon the discharge of the duties of their respective offices on the first Monday of January after their election, and shall hold their several terms of office, commencing from such first Monday in January. CHAP. CCCXII.-An Act to amend an Act entitled an Act concerning Hogs found running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa Clara, approved April twenty-first, eighteen hundred and fifty six. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section nine of the above-entitled Act is hereby amended so as to read as follows: Section nine-Any Constable refusing or neglecting to pay to Penalty for the owners, or the County Treasurer, the surplus money derived neglect. from such sale, shall be liable for the same, on his official bond, and shall be deemed guilty of a misdemeanor, and upon a conviction thereof, shall be punished by fine, not exceeding one hundred dollars; Provided, that the provisions of the foregoing Act shall not apply to any hogs belonging to any inhabitant of the County of Sonoma, living in the vicinity of the boundary dividing Sonoma and Marin Counties, which may voluntarily wander into Marin County, unless such hogs are found trespassing upon grounds in Marin County, inclosed by such a fence as is declared lawful as against hogs in Sonoma County. Patents to be issued. Evidence. CHAP. CCCXIII.—An Act to provide for the Issuance of_Patents to Lands located with State School-land Warrants, and for Lands purchased under the Act of April twenty-third, one thousand eight hundred and fifty-eight. [Approved April 16, 1859.] The People of the State of California, represented in Senate and SECTION 1. In all cases where school-land warrants have been issued, in pursuance of the Act approved May third, one thousand eight hundred and fifty-two, entitled "An Act to provide for the disposal of the five hundred thousand acres of land donated to this State for School purposes, by Act of Congress, approved April fourth, one thousand eight hundred and forty-one," and the same shall have been, or may be, hereafter located upon any of the public lands within this State, subject to such location, and in conformity with the provisions of said Act, or of an Act approved April thirtieth, one thousand eight hundred and fif ty-seven, providing for the location and patenting of school lands, or where parties have purchased lands under the Act of April twenty-third, one thousand eight hundred and fifty-eight, and obtained the certificate of purchase of the Register of the State Land Office, the holder of such warrant, or certificate of purchase, his, her, or their heirs or assigns, upon complying with the provisions of this Act, shall be entitled to receive a patent, from the State, for the lands thus located, or purchased. In all cases where school-land warrants, issued in pursuance of the Act of May third, one thousand eight hundred and fifty-two, have been located upon lands in the manner required by the circular of the General Land Office, of August sixth, one thousand eight hundred and fifty-seven, in relation to selections of school lands, the location shall be deemed to have been made in pursuance of said Act of May third, one thousand eight hundred and fifty two. SEC. 2. The holder of a warrant or certificate of purchase, desiring a patent, shall be required to produce to the Register of the State Land Office, proper evidence to show: First-That such warrant has been located, in conformity with the provisions of the Act under which the same purports to have been located. Second-That the lands have been duly surveyed by authority of the United States Government, and the plats of such survey have been approved by the Surveyor-General, and that the location conforms to such survey. Third-That the location of such warrant has been made or filed in the United States Land Office, for the District in which the land is situated, and the location made with the consent of the Register and Receiver of such Land Office, and at least ninety days have elapsed since said location, or if said applicant holds a certificate of purchase, he shall prove to said Register that the lands have been purchased in accordance with the Act of the twenty-third April, one thousand eight hundred and fifty-eight, and that the purchase-money, and all interest due thereon, has been fully paid, and that notice of such application has been made by publication in a public newspaper, published within the county in which such lands are situated, for at least four weeks next preceding such application, or if no newspaper is so published, then by written notices, posted in two conspicuous places on the lands so applied for, and one on the Court-house door of the County, and upon such proof of the foregoing facts, all persons holding adversely may be entitled to appear before the Register and contest the application for such patent. This section shall be construed to authorize and permit purchasers to pay in cash for lands purchased under the Act of the twenty-third of April, one thousand eight hundred and fifty-eight. SEC. 3. Upon the production of the evidence, required in sec- Certificate of tion two of this Act, the Register of the State Land Office shall location. issue, to, the applicant, his certificate of the proper location of such warrant upon the tract, or tracts, of land described in such location, or, if the holder of a certificate of purchase, that all the principal and interest due thereon has been paid, and that the applicant is entitled to receive a patent for the lands described in the location of said warrant, or in said certificate of purchase; but no such certificate shall issue, until the warrant, or certificate of purchase, upon which the same is to be issued, shall be surrendered to said Register. SEC. 4. Upon the production of the certificate of the Register Patent. of the State Land Office, as provided in section three of this Act, the Governor of the State shall issue a patent, to the purchaser entitled thereto, for the lands described in said certificate, which shall be signed by him, and countersigned by the Register of the State Land Office, and he shall affix the seal of his office thereto; such patent shall vest in the grantee, therein named, a good and valid title, in fee-simple, to the lands therein described. SEC. 5. All warrants, or certificates of purchase, surrendered under the provisions of this Act, shall be canceled by the Register, by writing on the face thereof " canceled," and shall note the lands upon which the same have been located, and by whom, and shall also note upon the official plats in his office the lands thus selected. The warrants or certificates of purchase thus canceled shall be kept on file in the office of said Register of the State Land Office. The land thus patented shall be deemed to be Canceled. |