Repealing clause. Duplicate tax-list. quent. The Tax-Collector is also authorized, at any time, or times, until all taxes are fully paid, to sell any real estate which he can find belonging to any party who has not paid his taxes on personal property or real estate, on giving notice, once a week, for three successive weeks, of the time and place of such sale. Said notice shall contain a condensed description of the property to be sold, the name of the person delinquent, and the amount of the tax and costs due by such party delinquent, including fees of Tax-Collector for certificate and cost of advertisement. Said sale shall be subject to redemption, as herein provided, and the certificate and deed given by the Tax-Collector, by reason of said sale, shall be substantially the same as provided for in section eighteen and twenty-two of this Act. Every tax shall, from and after the third Monday in October in each year, be a lien on all the real estate of the person delinquent, and on all real estate subsequently acquired by such person; and said lien shall not be removed until said taxes are paid, or the title to said real estate has vested in a purchaser under a sale for taxes. SEC. 10. Sections twenty-five, twenty-six, forty-six, fiftyseven, fifty-eight, and fifty-nine, of said Act, entitled "An Act to provide revenue for the support of the government of this State," are hereby repealed. SEC. 11. Section forty-three of said Act is hereby amended so as to read as follows: Section forty-three-The Tax-Collector shall, annually, on the first Monday in March, attend at the office of the County Auditor, with a duplicate copy of the tax-list, or assessment-roll, so far as delinquent persons, or property, are concerned, in which list he shall have set down, in the numerical or alphabetical order, as entered on the assessment-list, all the matters and things contained in regard to each such delinquent person, or property, in the original list, and the Auditor shall then carefully compare said list with the assessments to persons, or property, not marked "paid," on the original list, and if found to tally therewith, he shall administer to the Tax-Collector an oath, which shall be written and subscribed in the original roll, that each and every person, and all property, assessed in said roll, on which the taxes have been paid, has the word "paid" marked opposite the name of such person, or the description of the property; and the Auditor shall then foot up the amount of taxes remaining unpaid, and credit the Tax-Collector with the amount, and charge the same to a new account, and have a final settlement with him; and in case the term of his office is about to expire, then the Tax-Collector shall make the final settlement, provided for in this section, with the County Auditor, within two weeks after the expiration of his term of office, and the Auditor shall, within thirty days thereafter, transmit by mail to the Controller of State, in such form as the Controller may require, a statement of all, and each particular kind of, property assessed, and a statement of all, and each particular kind of, property delinquent, and the whole amount of taxes delinquent. For the services required by this section, the Tax-Collector shall receive no fee or compensation whatever. SEC. 12. The provisions of this Act shall apply only to the City and County of San Francisco, and all other Counties of the Apply only State are exempted from the operations of this Act. to San Francisco. CHAP. CCCXVI.-An Act to audit and allow Certain Claims accruing under the provisions of an Act approved April twenty-eigth, one thousand eight hundred and fifty-five, entitled "An Act to provide for the Survey and Construction of a Wagon-Road over the Sierra Nevada Mountains. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. The claim of Thomas Hoffy, for services on Hoffy. wagon-road survey across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fifty-six, the sum of two hundred and seventeen dollars and twenty-five cents, is hereby audited and allowed. And the claim of John Senour, for service on wagon-road sur- Senour. vey across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fiftysix, the sum of two hundred and five dollars and fifty-cents, is hereby audited and allowed. And the claim of T. J. Arnold, for services on wagon-road Arnold. across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fiftysix, the sum of six hundred and ninety-eight dollars and thirtythree cents, is hereby audited and allowed. And the claim of C. P. Edson, for services on the wagon-road Edson. across the Sierra Nevada, the sum of four hundred and eightyfive dollars, is hereby audited and allowed. And the claim of Roger S. Day, for services on the wagon- Day. road across the Sierra Nevada, the sum of four hundred and eighty-five dollars, is hereby audited and allowed. And the claim of Loren Oviatt, for services on the wagon- Oviatt. road across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fiftysix, the sum of four hundred and ninety-five dollars, is hereby audited and allowed. And the claim of Wm. Milligan, for services on the wagon- Milligan. road across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fiftysix, the sum of two hundred and ninety-one dollars, is hereby audited and allowed. And the claim of Thomas Hill, for services on the wagon-road н. across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fifty-six, the sum of two hundred and ten dollars, is hereby audited and allowed. And the claim of James Green, for services on the wago wagon- Green. Yarnell. Bishop. Hawley and Green and Seligman. Bee. Condee. road across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fiftysix, the sum of sixty-nine dollars, is hereby audited and allowed. Ánd the claim of Richard Yarnell, for services on the wagonroad across the Sierra Nevada, the sum of seventy-two dollars, is hereby audited and allowed. And the claim of F. A. Bishop, for services on the wagon-road across the Sierra Nevada, the sum of three hundred and fiftyseven dollars, is hereby audited and allowed. And the claim of Hawley and Taylor, for services on the wagon-road across the Sierra Nevada, in the years one thousand eight hundred and fifty-five, and one thousand eight hundred and fifty-six, the sum of one hundred and seventy-nine dollars and thirty-five cents, is hereby audited and allowed. And the claim of Green and Yarnell, for provisions furnished State wagon-road surveying party, in one thousand eight hundred and fifty-five, and one thousand eight hundred and fiftysix, the sum of forty dollars, is hereby audited and allowed. And the claim of Seligman, for clothing, etc., furnished State wagon-road surveying party, the sum of one hundred and seventy-eight dollars, is hereby audited and allowed. And the claim of Albert W. Bee, for provisions, etc., delivered to Sherman Day, for the wagon-road surveying party, in the months of October and November, one thousand eight hundred and fifty-five, the sum of seventy-eight dollars and thirty-four cents, is hereby audited and allowed." And the claim of Condee & Co., for horse-hire furnished the wagon-road surveying party during the months of July, August, and September, one thousand eight hundred and fifty-five, the sum of three hundred and fifty-five dollars, is hereby audited and allowed. Give bond. Sureties. CCCXVII.-An Act to provide for the Licensing of Auctioneers, and to define their Duties and Liabilities. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. Any citizen of this State may become an auctioneer for the County in which he resides, and be authorized to sell real and personal property at public auction, or vendue, in giving bonds in accordance with the provisions of this Act, for the faithful performance of his duties, and on the payment of the license hereinafter provided. SEC. 2. The bonds shall be conditioned to be paid to the people of the State of California, with one or more sureties, in the sum of five thousand dollars. Said bond shall be approved by the County Judge of the County in which the auctioneer shall propose doing business, which shall be filed in the office of the County Clerk of said County. SEC. 3. The Controller of State shall cause to be printed, a Licenses. sufficient number of licenses, of all classes mentioned in this bill, filled out completely, except a blank for the name of the County, and of the County Auditor. Each license shall also contain a blank receipt, to be signed by the County Treasurer, on delivery of said license to the purchaser thereof. He shall forward to the Auditor of each County, a sufficient number of blanks for the use of said County, which shall be charged to said Auditor on the Controller's books. County Treasurer. The Auditor, from time to time, shall deliver to the Treasurer Charge to as many of such licenses as may be required, and shall sign the same, and charge them to the County Treasurer, specifying the class of licenses in his charge. At the end of each month, the Treasurer shall return to the Auditor all licenses not issued, and the Auditor shall charge him with the amount of money received for licenses issued, and open a new account with the Treasurer for the next month. Once in three months, the Auditor shall report to the Controller of State the number of licenses issued by the Treasurer, for the preceding three months, and the amount of money paid for the same, and the Controller shall hold the Auditor responsible on his official bond, for all licenses and receipts issued to him under this section, not accounted for or returned. If either the Auditor or Treasurer shall issue, have in his possession, or put in circulation, any other licenses than those forwarded to the Auditor, by the Controller, the person so offending shall be liable to indictment for a felony, and on conviction, be sentenced to imprisonment in the State-prison, for a term not less than one year, nor more than four years. license. SEC. 4. Any person who shall have filed his bond in accord- Classes of ance with the provisions of this Act, shall, upon payment of the sum specified in this section, receive from the County Treasurer a license of the class for which he has paid; said license shall be renewed quarterly, and rated as follows: First Class-Auctioneers, whose average monthly sales shall amount to one hundred thousand dollars and upwards, shall constitute the first class, and shall pay a license of four hundred dollars per quarter. Second Class-Auctioneers, whose average monthly sales shall amount to seventy-five thousand, and less than one hundred thousand dollars, shall constitute the second class, and pay a license of three hundred dollars per quarter. Third Class-Auctioneers, whose average monthly sales shall amount to fifty thousand, and less than seventy-five thousand dollars, shall constitute the third class, and pay a license of two hundred dollars per quarter. Fourth Class-Auctioneers, whose average monthly sales shall amount to thirty thousand, and less than fifty thousand dollars, shall constitute the fourth class, and pay a license of one hundred and twenty-five dollars per quarter. Fifth Class-Auctioneers, whose average monthly sales shall amount to twenty thousand, and less than thirty thousand dollars, shall constitute the fifth class, and pay a license of one hundred dollars per quarter. Government goods to be exempt. Renewal of license. Not to transfer. Penalty. Auctioneers, ex officio. Book for live-stock. Sixth Class-Auctioneers, whose average monthly sales shal amount to ten thousand, and less than twenty thousand dollars, shall constitute the sixth class, and pay a license of sixty dollars per quarter. Seventh Class-Auctioneers, whose average monthly sales shall be less than ten thousand dollars, shall constitute the seventh class, and pay a license of twenty-five dollars per quarter. SEC. 5. No section of this Act shall be so construed as to require a license to be obtained for the selling of any goods at public sale that may belong to the United States, or to this State, or upon property sold by virtue of any process issued by any State Court, or United States Court. SEC. 6. Every auctioneer applying to the County Treasurer for a renewal of his license, under the provisions of [this] Act, shall accompany the application with a statement, under oath, which shall set forth that his average receipts per month, on account of sales, during the preceding quarter, do not exceed the amount specified in the class of license for which he applies, and any auctioneer, already established in business, applying for a license, as provided in this Act, for the first quarter after its passage, shall take out a license in proportion to his average monthly sales for the preceding quarter, and it is hereby made the duty of such Treasurer to provide blank forms of affidavit for that purpose, and administer the oath required to such applicants, without charge. SEC. 7. No auctioneer shall be permitted to transfer his license to any other person, for any part of the time, or at any time during the period for which his license may have been issued; nor shall any auctioneer be permitted to use his license, for the purpose of transacting an auction business, in more than one store or specified place of business. SEC. 8. Any auctioneer who shall fail to comply with the provisions of this Act, or any person acting as an auctioneer, without first having complied with its provisions, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any Court of competent jurisdiction, shall be fined not less than fifty, nor more than five hundred dollars, for each and every article sold, or offered for sale; and in default of payment of such fine, shall be imprisoned in the County-jail for a period not exceeding ninety days, at the discretion of the Judge before whom the case may be tried. SEC. 9. In any City or Town where there is no auctioneer, the Sheriff, or a Constable, shall be ex officio auctioneer, and shall be permitted to sell any property, real or personal, at public auction; and for any delinquency, as such ex officio auctioneer, he shall be liable on his official bond. SEC. 10. It shall be the duty of every auctioneer, who shall sell any animal of the horse kind, or any mules, to keep a book, in which he shall register the name of each and every person bringing, or offering, any horse, or mule, to be sold, and the name of the person purchasing such horse, or mule, together with the date of such sale, or sales, and a description of each horse, or mule, so sold, together with the marks and brands. Said book |
