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Chap. LXXXVII.-An Act to authorize the Sale of the Real Estate
belonging to the minor heirs of the late Juan Malarin, deceased, situated in the County of Monterey.
[Approved March 4, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: Section 1. That Mariano Malarin, guardian for the minor may sell at heirs of the estate of. Juan Malarin, deceased, late of the County public or private sale of Monterey, to wit: Josefa, Cristina, and Ygnacio Malarin, be, tion of Pro- and is hereby, authorized to make such a disposition or sale, batu Court. public or private, and to convey such part, portion, or portions,
of the real property belonging to the minor heirs to the estate of the said Juan Malarin, deceased, as may in the discretion of the Probate Judge of the County of Monterey seem meet and proper, for the use and benefit and for the maintenance of the children above enumerated.
Sec. 2. Whenever the said Probate Judge shall, upon a hearmake order. ing, deem it necessary and proper that a part or the whole of
any such property may be sold for the purposes specified in this Act, he may grant an order that the said Mariano Malarin, guardian of the said minors, be allowed and authorized to sell and convey, at public or private sale, the whole or part of any such property as aforesaid, particularly specifying the same.
Sec. 3. The said Probate Judge shall, before granting said order, require of said guardian such bond as to him may seem necessary and proper, in a sum donble the appraised value of the real estate sought to be sold, with good and suficient sureties, conditioned for the faithful performance of his duties in the said sale.
SEC. 4. Every conveyance made in pursuance of a decree or order of the Probate Court, as provided by this Act, shall be as effectual to pass the estate as if the said Juan Malarin were still living and had bimself executed the same.
Guardian to give bond.
Acts of guardian mudo Valid.
Crap. LXXXVIII.-An Act concerning the Official Bonds of the
District Attorney, Surveyor, Coroner, and Public Administrator, of the Counties of San Luis Obispo, San Diego, and Placer.
[Approved March 4, 1859.]
Assembly, do enact as follows :
Bonds to be fixent by Supervisors.
May be in
said Counties, and said Board may require, from time to time, additional and increased bonds from said officers, or any one of creased. them.
SEC. 2. From and after the passage of this Act, the amount Bond of Pubof the official bonds of the Public Administrator of the Counties trator to be of San Luis Obispo, San Diego, and Placer, shall be fixed by the fixed by ProProbate Judge, or Court, of said Counties, and the Judge or Court may require additional bonds from each officer from time to time.
Sec. 3. All laws, and parts of laws, so far as the same con. Repealing flict, or are inconsistent with this Act, shall hereafter be so con- clause. strued as to be held inapplicable to the Counties aforesaid.
CHAP. LXXXIX.–An Act to amend an Act entitled an Act concern
ing Official and other Bonds, approved April second, eighteen hundred and fifty-seven.
[Approved March 4, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The first section of an Act entitled an Act concerning official and other bonds, approved April second, eighteen hundred and fifty-seven, is hereby so amended as to read as follows:
Section one-In all cases where official bonds are required, or Suretics, may be hereafter required, from State or County officers, the qualificati'ns officer or officers whose duty it is or may be to approve such bonds, shall not accept or approve any such bonds, unless each of the sureties shall severally justify, before an officer authorized to administer oaths, as follows:
First-On a bond given by a State officer, that such surety is a resident and freeholder or householder within this State; and on a bond given by a County officer, that such surety is a resident and freeholder or householder within such County, or within an adjoining County.
Second–That such surety is worth the amount for which he becomes surety, over and above all his debts and liabilities, in unincumbered property situated within this State, which may be levied upon and is not exempt from execution and forced sale; Provided, that the County Judge of each and any County in this State may, at any time, upon his own or any other motion, call, by written notice to that effect, upon any one or more of the sureties upon the official bond of any of the County officers of his County for a further justification of his or their responsibility, notwithstanding any former justification thereof, and notwithstanding any approval of such bond or bonds; and such proceedings shall, or may thereupon, be had as are provided in section one of an Act approved May eighteenth, eighteen hun.
dred and fifty-three, entitled an Act concerning sureties on official bonds.
Chap. XC.-An Act to authorize William B. Atterbery, Administra
tor of the Estate of Martin E. Cook, to execute certain Convey.
ized to make deeds.
[Approved March 7, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. It shall be lawful for William B. Atterbery, adtor author. ministrator of the estate of Martin E. Cook, deceased, to execute
good and sufficient deeds of conveyance to the purchasers of the lands of said estate, sold by F. G. IIahman, late Public Adminis. trator of Sonoma County, by order of the Probate Court of said County, and upon the execution of such deeds, the proceedings
of the said F. G. Hahman in regard to such sales shall be legaler adminis- ized, and have the same force and effect as though letters of adtrator legal. ministration had been issued to the said F. G. Hahman by the
SEC. 2. Before the execution of the conveyances required by Court to con- the provisions of this Act, the said administrator, or the purcha
sers, shall procure an order from the Probate Court of Sonoma County, confirming the proceedings of the said F. G. Hahman, in regard to said sales, and directing the execution of said conveyances to the purchasers.
Acts of form.
CHAP. XCI.- An Act to amend an Act entitled “An Act to Re-in
corporate the City of Stockton,” approved March thirty-first, eighteen hundred and fifty-seven.
[Approved March 7, 1859.)
Assembly, do enact as follows:
amended so as to read as follows: Officers, etc. Section one--The officers of the City of Stockton shall consist
of one Mayor, ten Aldermen, one Marshal, one Collector, one Assessor, and one Clerk.
Sec. 2. Section second of article second of said Act is hereby
amended so as to read as follows: Officers to be Section two-The Mayor, Aldermen, Marshal, Collector, and
, and term of office Assessor, shall be elected by the qualified electors of the City.
They shall be elected for one year, and until their successors are elected and qualified.
Sec. 3. Section fourth of article second of said Act is hereby Time of amended so as to read as follows:
Section four—The election for Mayor, Aldermen, Marshal, Collector, and Assessor, shall be held on the first Monday in May, of each year. The Common Council shall appoint one Inspector and two Judges, and designate the place of opening the polls.
SEC. 4. Section seventh of article second of said Act is hereby amended so as to read as follows:
Section seven-The Mayor, Aldermen, Marshal, Collector, and ComenceAssessor, shall enter upon their duties on the first Monday sub- ment of term sequent to their election.
Sec. 5. Section ninth of article second of said Act is hereby amended so as to read as follows:
Section nine-When a vacancy shall occur in the office of Col- Vacancylector or Assessor by death, resignation, or otherwise, the Com- how filled. mon Council shall order a special election to fill such vacancy, and when any vacancy shall occur in any office except Collector, Assessor, and Mayor, the Common Council shall elect some person to fill such vacancy, and at such election a majority of all the members elected of the Common Council shall be necessary to a choice. Any person elected to fill a vacancy shall hold the office for the residue only of the term of his immediate predecessor.
Sec. 6. The seventh section of article third of said Act is hereby amended so as to read as follows: Section seven-The Common Council shall have
within the City, by ordinances,
First-To assess and levy taxes on all property, real and personal, in the City, made taxable by law for State purposes, not thorized to exceeding one per centum per annum upon the assessed value of lovy taxes. such property, except as hereinafter specially provided, and to provide for the collection of, and the enforcement of payment of taxes, by seizure and sale of the property. The terms, “real and personal property,” herein, shall have the same signification Assessment as in the general Revenue Law of the State. The assessment of to operate as taxes shall be a lien on the property assessed, from the date of the assessment, and have the force and effect of a judgment and execution.
Second-To provide for the draining, grading, improvement, To improve and lighting of the streets, and the construction of the sidewalks, and bridges, drains, and sewers, and wharves, and their repairs, and the prevention and removal of obstructions on the side-walks.
Third—To assess and provide for collecting a revenue-tax for To collect wharfage, and to authorize the City Collector to regulate the wharfage. landing and stationing of steamers, vessels, and boats.
Fourth—To provide for the removal of obstructions to the navi- To regulate gation of any channel or water-course within the limits of the landings. City.
Fifth-To provide for the prevention and extinguishment of fire compafires, and to organize and establish fire-companies.
Sixth-To regulate or prohibit the storage of gun-powder, tar Gunpowder.
To abate nuisances.
To license auctioneers, etc.
To erect pub
pitch, rosin, and other extremely combustible materials in the City.
Seventh—To establish and regulate a City Police, and to keep in repair any street, avenue, and levee, which has been or may hereafter be improved by grading, graveling, or stone pavement.
Eighth-To prevent, and remove, and abate nuisances, and at the expense of the parties causing or committing the same.
Ninth-To remove from the immediate vicinity.of the inhabited parts of the City, all slaughter-houses, hay-stacks, forges, and blacksmith-shops.
Tenth—To license and regulate auctioneers, and taverns, hotels, billiard-tables, bowling-alleys, theatricals, and other exhibitions, shows, and amusements.
Eleventh-To license, prohibit, regulate, and suppress barrooms for the retail, by sale or otherwise, of spirituous or malt liquors, drinking-houses, tippling-houses, dram-shops, hawkers and peddlers, and pawn-brokers; and they shall have power fur. ther to suppress gaming and gambling-houses, and disorderly houses, and houses of ill-fame, and dance and fandango-houses.
Twelfth—To provide for the erection of public buildings for lic buildings. the use of the City.
Thirteenth-To open, alter, and widen streets and alleys, first streets, etc.
paying for private property taken for public use. To regulate Fourteenth--To license, tax, and regulate drays, market-wag
ons, teams, and other vehicles.
Fifteenth-To borrow money and contract debts on the faith monocy upon and credit of the City; but no loan shall be made, or debt con
tracted, for any sum exceeding five thousand dollars, including the amount of any previous indebtedness and liability, without the consent of the electors of the City, previously obtained. And when the Common Council desire to effect a loan, or create a debt, for a sum exceeding five thousand dollars, including the amount of any previous indebtedness and liability, they shall submit a proposition for such loan, or creation of such debt, to the electors of the City, and shall cause such proposition to be published in one or more newspapers in the City, for at least one week before taking a vote on the same.
Sixteenth-And if a majority of the persons voting, vote in scrip, money in the favor of such proposition, the Common Council shall have autreasury. thority to effect such loan, or create such debt, but not other
wise. The City Council shall, in no case, issue any scrip or other evidence of debt, or orders on the treasury, for larger
amounts than there may be on hand to meet the demand. To prevent
Seventeenth-To prevent and restrain any riot or assemblage in any place, house, or street, in the City.
Eighteenth—To impose and appropriate fines, forfeitures, and penalties, for the breach of any ordinance; but no fine shall be imposed of more than two hundred dollars, and no offender shall be imprisoned for a longer term than thirty days.
Sec. 7. Section ninth of article third of said Act is hereby
amended so as to read as follows: Officers to Section nine-It shall be the duty of the Common Council to give bond. provide for the accountability of the City Marshal, Assessor,
vote of the people.
Not to issue
Finee for breach of ordinance,