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CHAP. LXXIX.–An Act to amend an Act entitled “An Act concern.
cerning Attorneys and Counselors-at-Law," approved February nineteenth, eighteen hundred and fifty-one.
(Approved March 2, 1859.)
Assembly, do enact as follows :
to read as follows: Admission of Section six-Every white male citizen of the United States, attorneys.
who has been admitted to practice law in the Courts of a sister State, may be admitted to practice in the Courts of this State, upon the production of his license, and satisfactory evidence of good moral character; but the Court may examine the applicant as to his qualifications.
Sec. 2. Section thirteen of said Act is hereby amended so as
to read as follows: Removal of Section thirteen-An Attorney and Counselor may be removed attorneys.
or suspended by the Supreme Court, and by the District Courts of the State, for either of the following causes, arising after his admission to practice :
First—His conviction of a felony, or misdemeanor, involving moral turpitude, in which cases the record of conviction shall be conclusive evidence.
Second-Willful disobedience or violation of an order of the Court requiring him to do, or forbear, an act connected with, or in the course of, his profession, and any violation of the oath
taken by him as such Attorney and Counselor. In all cases Appeals. where an Attorney is removed or suspended by a District Court,
he may appeal to the Supreme Court, and the judgment or order of the District Court shall be subject on such appeal to review, as in other cases.
CHAP. LXXX.–An Act to Legalize certain Matters connected with the Crescent City Plank Road and Turnpike Company.
[Approved March 2, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. All the corporate acts of the directors or memLegalizing bers of the Crescent City Plank Road and Turnpike Company
are hereby declared legal, and the survey, filed by said Company in the office of the Recorder of the County of Del Norte, on the twenty-sixth day of July, A. D. eighteen hundred and fifty-eight, as supplemental to that filed in said office on the eighth day of July, A. D. eighteen hundred and fifty-seven, is declared to be of
as full force in law as if it had been filed at the earliest of said mentioned dates.
Cuap. LXXXI.-An Act concerning Roads and Highways in the
County of Nevada.
[Approved March 2, 1859.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows : SECTION 1. All roads in the County of Nevada shall be con- Roads dosidered as public highways, which are now used as such, and clared public have been declared such by order of the Court of Sessions, or Board of Supervisors, or which may be declared such hereafter by the Board of Supervisors of said County.
Sec. 2. It shall be the duty of the Board of Supervisors to Road-disdivide said County into road-districts, each Township being and tricts. constituting a road-district.
Sec. 3. The Board of Supervisors of Nevada County shall Road-tax. have power to lovy a road-tax on all able bodied men, between the ages of twenty-one and fifty years, which tax shall not exceed the sum of two dollars and fifty cents per annum, and a property-tax not exceeding five cents on each one hundred dolIars, for road purposes.
Sec. 4. The Board of Supervisors shall, before the first Mon- Road tax day of March of each year, appoint one responsible person in Collector. each Township as Road-Tax Collector, the same being a resident of the Township for which he is appointed, who shall qualify and give bonds in such sum as the Board of Supervisors may require, for the faithful performance of his duties.
Sec. 5. The property road-tax levied under the provisions of this Act, shall be collected by the Sheriff of the County, in the same manner as in the collection of other taxes, and all moneys 80 collected shall be paid into the County treasury as hereinafter provided.
Sec. 6. The Clerk of the Board of Supervisors shall cause prop- Tax-receipts er blank road [tax] receipts to be printed, of a uniform appearance, to be signed by the Auditor of the County, in writing. No other receipt for road-tax, other than the above-mentioned, shall be used or given for the payment of said tax, by the Road-Tax Collector.
Sec. 7. The Auditor shall issue to the Road-Tax Collector so Settlement. many signed road-tax receipts as may be needed, and the Collector shall give a receipt for the same, and they shall be accounted to him as so much cash; the Road-Tax Collector shall settle quarterly with the Auditor; the amount of receipts returned by the Collector shall be deducted from the amount receipted for by him, and the Collector shall account for the balance in money, and no loss of receipts shall be allowed the Collector.
SEC. 8. It shall be the duty of the Collectors to keep a correct
account of all moneys collected for road purposes in their respective Townships, and pay the same quarterly into the County treasury, reserving therefrom their fees, taking the Treasurer's receipt therefor, and file the same with the Auditor within five days from such payment.
Sec. 9. The fees of the Road-Tax Collector for collecting said road-tax shall be fifty cents upon each road-tax receipt sold by him, and he shall receive no compensation for his services other
than provided for in this Act. Separate
Sec. 10. The County Treasurer shall keep all moneys collected for road purposes in each Township in separate Township Funds, and shall pay the same out, upon orders drawn by the Board of Supervisors, and out of the Township Fund specified in such order.
Sec. 11. The Board of Supervisors shall have no power to draw their warrant upon the Road Fund of any Township, except for services performed in such Township, as provided for in
sections thirteen and fourteen of this Act. Delinquents Sec. 12. Any person liable to pay road-tax, and refusing to
do so upon demand being made by the Road-Tax Collector, shall be considered a delinquent, and the Collector is hereby empow. ered to seize upon any property belonging to said delinquent, and sell forth with, at public auction, to the highest bidder for cash, so much of the same as shall be necessary to satisfy such delinquent's road-tax, and three dollars additional as cost to the Collector, for services of such sale.
Sec. 13. Upon presentation of a petition to the Board of Subridges, etc. pervisors, signed by at least twenty-tive resident property-hold
ers of the Township, praying that a road or bridge may be made, or a private road or bridge may be purchased, the same being within said Township, giving the metes and bounds thereof, or if such road, bridge, or purchase, be within any two Townships, then said petition shall be signed by at least twenty-five resident property-holders of each Township wherein such road, bridge, or purchase, is to be made—the Board of Supervisors, upon the filing of such petition or petitions, shall give notice, by publication, for four successive weeks, in a public newspaper in the County, of the time and place of hearing of such petitions; and, if such petition be granted, the Board of Supervisors shall, if for making a new road or bridge, order the County Surveyor to survey such road or bridge, filing å plan thereof with the Board of
Supervisors, whereupon said Board shall advertise, for four sucProposals.
cessive weeks, in a public newspaper in the County, for proposals for the making of such road or bridge, and all contracts shall be awarded to the lowest bidder, the Board of Supervisors taking bonds for the faithful performance of the contract; Provided, there be sufficient sum of money in the Fund or Funds of the Township or Townships wherein such work is to be done, to pay such contract, cost of advertising, surveying, and such other costs as may be necessary to the completion of such work, and not otherwise. And the Board of Supervisors shall make do purchase of any private road or bridge until by publication in a
public newspaper, giving notice of such petition, for four succesAdvertising sive weeks prior to such purchase.
Sec. 14. Upon application to any one of the Supervisors, by Repairs. petition of not less than ten resident property-holders of any Township, setting forth that any public road or bridge needs repairing, the cost of such repairs not to exceed one hundred dol. lars, any one of the Supervisors shall appoint some suitable person, a resident of the Township, as Overseer, who shall be allowed for his services such compensation as the Board may deem just, not to exceed five dollars per day while actually employed. And it shall be the duty of such Overseer to employ a sufficient number of persons to perform the repairs required; but the total expenditure for such work shall not exceed the sum specified in this section.
Sec. 15. All new roads or bridges made, or private ones purchased, in accordance with the provisions of this Act, shall be declared public highways.
Sec. 16. If any person shall obstruct any public road, by felling any tree across the same, or by placing any other obstruc- obstructing. tion therein, or damming, digging, or deepening a creek, or river, or its banks, so as to destroy a ford, or crossing, he shall be liable to prosecution before any Justice of the Peace, by any Supervisor of the County, on behalf of the County; and, on conviction thereof, shall be fined in a sum not exceeding fifty dollars for every day he shall suffer said obstruction to remain, after he shall have been ordered to remove the same by one of the Supervisors. Sec. 17. Sections two, three, four, six, seven, eight, ten,
Repealing eleven, and twelve, of an Act concerning roads and high ways, clause. passed April twenty-eighth, one thousand eight hundred and fittyfive, are hereby repealed, so far as they relate to the County of Nevada.
CHAP. LXXXII.—An Act to fix the Compensation of the Tax-Col
lector of the County of El Dorado, and his Deputies, in certain cases, • and to legalize certain Orders heretofore made by the Board of Supervisors of said County, and to order the payment of certain County Warrants issued by the County Auditor of said County.
[Approved March 2, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: Section 1. The Board of Supervisors of the County of El Compensat'n Dorado are hereby authorized to allow the Tax-Collector of said County, and his Deputies, a per diem, not exceeding the sum of ten dollars per day each, for each and every day in which he and they are engaged in collecting taxes on personal property whilst accompanying the County Assessor of said County, or his Deputies, as required by law.
SEC. 2. The Board of Supervisors of said County are hereby Supervisors further authorized and empowered to confirm and ratify any confirm order or orders heretofore made by them, making an allowance
for similar services to those specified in section one of this Act, Treasurer to and, upon such order being so made, the County Treasurer of
said County is hereby required to pay any warrant or warrants issued by the Auditor of said County upon the order or orders so confirmed by said Board of Supervisors, in the same manner and at the same time as though said warrant or warrants had been legally issued in the first instance.
CHAP. LXXXIII.-An Act to amend an Act entitled “An Act to
provide for the Funding and Payment of the Outstanding Unfunded Claims against the City of San Francisco, and against the County of San Francisco, as they existed prior to the first day of July, A. D. one thousand eight hundred and fifty-six.
[Approved March 2, 1859.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
to read as follows: Approved Section four- The persons whose claims shall have been
approved by the Board of Examiners, shall be entitled to have the amount so approved, funded as hereinafter provided, by delivering the same to be canceled to the Commissioners of the Funded Debt herein created, at any time between the third Monday of August, A. D. one thousand eight hundred and fiftyeight, and the third Monday of April, A. D. one thousand eight hundred and fifty-nine, but nothing in this section shall authorize the said Commissioners to issue bonds upon any claim or demand whatsoever, unless it shall appear from the report of the Board of Examiners that the same was approved.
Sec. 2. Section ten of said Act is hereby amended so as to read as follows:
Section ten-Said Commissioners shall issue bonds in sums of five hundred and one thousand dollars, and in any larger amounts, in thousands, at the option of persons presenting the claims to be funded. The fractional sum upon the aggregate of any claim or claims approved, and presented by any person over the amount for which any bonds by this Act authorized can be issued shall be so certified by the said Commissioners of the Funded Debt, which balance or fractional amount shall be assignable, and when presented in amounts in the aggregate of not less than five hundred dollars, and prior to the first day of January, one thousand eight hundred and sixty, shall be funded and canceled in the like manner as original claims. Sec. 3. Section twelve of said Act
is hereby amended so as to read as follows: Pay of Board
Section twelve-The Auditor of the City and County of San 01 Examin’rs Francisco is hereby authorized and required, upon the presen.
tation to him, to audit the demands of the several members of
Bonds to be issued.