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a salary of two hundred dollars per month; and one Court-room
l Clerk, a salary of two hundred dollars per month, and one As. sistant or Copying Clerk, in the office of the Clerk of the said Fourth District Court, who shall receive a salary of one hundred and fifty dollars per month, each; one Clerk in the County Court, Court of Sessions, and Probate Court, who shall receive a salary of two hundred dollars per month; and one Assistant Clerk, to be employed in the office of the last-mentioned Courts, who shall receive a salary of one hundred and fifty dollars per month.
Sec. 5. Article one-The Sheriff of the City and County of San Francisco may, from and after the day named in section one of this Act, be allowed the following Deputies : one Deputy in the Court of Sessions and County Court, who shall receive a salary of two hundred dollars per month; also, one Deputy to attend upon the Grand-Jury, Probate Court, and District Attorney, to be paid at the rate of one hundred and fifty dollars per month; and four Deputies, who shall act in the capacity of Jailkeepers, and who shall receive salaries of one hundred and fifty dollars per month, each; and the Auditor of the City and County of San Francisco is hereby required to audit the salaries of all the Deputy-Sheriffs, mentioned above in this section, monthly, and the Treasurer of said City and County is hereby empowered and directed to pay said salaries so audited, out of the General Fund of the said City and County, in the order of their registration,
Article two—The Sheriff may be allowed, in addition to the Deputies mentioned in article first of this section, one UnderSheriff, to be paid at the rate of three hundred dollars per month. One Deputy in the Twelfth District Court, and one Deputy in the Fourth District Court, who shall receive salaries of two hundred dollars per month, each; two Deputies, to be paid at the rate of one hundred and fifty dollars per month, each ; one Book-keeper, to be paid at the rate of two hundred dollars per month; and one Attorney, to be paid at the rate of fifteen hundred dollars per annum—the money for the payment of the Deputies, Book-keeper, and Attorney, mentioned in this article of this section, shall be collected and paid in the manner hereinafter provided.
Sec. 6. The Recorder of said City and County of San Francisco, shall, from and after the day named in the first section of this Act, be allowed one Chief Clerk, to be paid at the rate of two hundred dollars per month. Also, as many Deputy-Clerks as he, the said Recorder, may deem necessary to duly perform the duties of his said office, who shall be paid at the rate of ten cents per folio of one hundred words, for each and every folio of all matter either registered or copied by them, or either of them. The Recorder, or Chief Clerk, shall, when any papers are presented for registration, or to be copied, note on the margin of each and every paper so presented, the number of folios paid for by the party for whom it is registered or copied, and shall certify monthly, under oath, to the number of folios copied or registered by each one of said Deputy Clerks, and such certificate of the Recorder or Chief Clerk shall be conclusive and suffi. cient evidence to authorize and require the Auditor of said City
and County to audit, severally, the accounts of said DeputyClerks monthly; the said Recorder may be allowed one person to act in the capacity of Porter or Watchman, to be paid at the rate of one hundred dollars per month.
SEC. 7. The Recorder of the City and County of San Fran- Fees. cisco shall receive, for recording or copying any instrument, paper, or notice, when required, for each folio, twenty cents.
Sec. 8. The several officers named in this Act shall, from and Fees to be after the day named in the first section of this Act, collect and paid into safely keep all fees, per centages, and compensations of whatever nature or kind allowed them by law, for services rendered by them or their deputies in their several official capacities; and they shall, on each Monday after the said date, pay the same to the County Treasurer of the said City and County of San Francisco.
SEC. 9. The several officers named in this Act shall, at the statement. expiration of each month, make out and file with the said Treasurer, a full and accurate statement, under oath, of all fees, per centages, or compensations of whatever nature or kind, received in their said several official capacities during the preceding month, in which statement they shall set forth the causes in which, and the services for which, such compensations were received. And it shall be the duty of each one of said officers to keep a book in which shall be entered, by items, every kind or focs. description of services performed by them or their deputies, the time of rendering said services, and the amount allowed by law for each particular service; which book or books shall be open to the inspection of the Board of Supervisors, and every citizen, at all times.
Sec. 10. For a willful neglect, or for a refusal to comply with Penalty. the provisions of this Act, or for any one or more of them, any officer or officers herein named, shall, on conviction, be subject to a fine not exceeding five thousand dollars, to forfeit their offices, to imprisonment in the State-prison not less than one, nor more than three years, or to any one or more of said penalties, in the discretion of the Court; Provided, that nothing in this section shall be held to release them from the giving of any bonds required by law, or from any civil responsibility to any and all persons, in relation to the business of their said offices, that may be, by general laws, applicable to their said official duties.
Sec. 11. When stationery and blanks are required for the Stationery use of
any of the officers herein named, a statement, sworn to by the officer making the requisition, shall be presented to the Board of Supervisoss for their approval, who may order the sum necessary to pay for the same, to be paid out of the fees paid over to the County Treasurer. Sec. 12. Article one-It shall be the duty of the Treasurer of
Special fund. the City and County of San Francisco, on and after the date mentioned in the first section of this Act, to receipt for, and safely keep, all moneys paid over to him under the provisions of this Act, and to place the same to the credit of the Special Fee Fund, created by virtue of this Act; and the said Treasurer shall pay, on the audit of the County Auditor, (who is hereby directed to
In case of
audit the salaries herein provided,) out of said moneys, to the credit of said Special Fee Fund, monthly, all the salaries provided in this Act, except such as are mentioned in article one, section five, of this Act, and the payment of which is otherwise provided for therein, to be paid to the said County Clerk, Sheriff, and County Recorder, of the aforesaid City and County, and their deputies, clerks, book-keepers, attorney, and employés, authorized by this Act.
Article two— And it shall be the duty of said Treasurer to make deficiency. up an accurate statement of said Special Fee Fund on the day
named in the first section of this Act, showing the actual condi. tion of said Fund on said day, and should a deficit be found to exist in said Fund on said day, the Treasurer shall, and he is hereby empowered and directed to, register all outstanding demands audited and made payable out of said Fund, and which may remain unpaid after exhausting all the moneys to the credit of said Fund, upon and against the General Fund of the aforesaid City and County; and he, the said Treasurer, shall pay the same out of any moneys to the credit of said General Fund, in the order of their registration. And the said Treasurer shall, quarterly, thereafter, to wit, commencing on the first day of July, A. D. eighteen hundred and fifty-nine, make up a like statement of the aforesaid Special Fee Fund, and shall, on the said first day of July, A. D. eighteen hundred and fifty-nine, and on the first day of October, and first day of January, and first day of April next following, of each and every year, transfer any balance which may be found to remain to the credit of the said Fund, after paying all demands made payable out of said Fund, to the credit of the General Fund of the aforesaid City and County, and should a deficit be found to exist in the aforesaid Special Fee Fund, then the said Treasurer shall, and he is hereby empowered and directed to, register on the aforesaid stated days all outstanding demands audited and made payable out of said Special Fee Fund, which remain unpaid after exhausting all the moneys to the credit of said Fund upon and against the General Fund of the said City and County, and shall pay the came out of any moneys to the credit of said General Fund in the order of their registration.
Sec. 13. It shall be the duty of the Sheriff to bestow the advertising of his office on such paper as will do the same at the lowest rates. He shall, every six months, publish three successive times, in one or more daily papers published in the County of San Francisco, for proposals for such bids, and the daily påper offering to do the work at the lowest price, provided it be a paper of general circulation, shall be awarded the contract for such advertising.
SEC. 14. The Clerk of said City and County shall not be obliged to file any paper in any suit, or legal proceeding, nor enter satisfaction of any judgment or decree, until the fees prescribed by law are paid or tendered; and the County Clerk shall in no case be required to perform services in any suit or proceeding until ail fees due and in arrears, in such suit or proceed
ing, are first paid. Repealing Sec. 15. All Acts, and parts of Acts, in conflict with the pro
Fees in advance.
visions of this Act, are hereby declared inoperative and of no effect from and after the thirty-first day of March, one thousand eight hundred and fifty-nine, so far as they relate to the offices of County Clerk, Sheriff, and County Recorder, of the City and County of San Francisco.
CHAP. XCVIII.-An Act Amendatory and Supplemental to an Act
entitled an Act to provide for the formation of Corporations for certain purposes, passed April fourteenth, eighteen hundred and fifty-three.
[Approved March 7, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows : SECTION 1. Section second of said Act is hereby amended so as to read as follows:
Section second-Any three or more persons who may desire to Any three form a company for any one or more of the purposes specified in becoms may the preceding section, may make, sign, and acknowledge, before incorporata some officer competent to take the acknowledgment of deeds, and file, in the office of the County Clerk of the County in which the principal place of business of ihe company is intended to be located, and a certified copy thereof, under the hand of the Clerk, and seal of the County Court of said County, in the office of the Secretary of State, a certificate in writing, in which shall be stated the corporate name of the company, the objects for which the company shall be formed, the amount of its capital stock, the time of its existence, not to exceed fifty years, the number of shares of which the stock shall consist, the number of Trustees and their names, who shall manage the concerns of the company for the first three months, and the names of the City,.or Town, and County, in which the principal place of business of the company is to be located.
Sec. 2. All corporations heretofore formed under the provi- Legalizing sions of the Act of which this is amendatory, who bave filed a certain certified
corporations of the certificate in writing, required to be execu
copy ted in the first section of this Act, in the office of the Secretary of State, shall, to all intents and purposes, be as legally incorporatted as though a duplicate thereof bad been filed in the office of the said Secretary of State, and all acts heretofore done by such companies, under their corporate name, in conformity to the laws governing corporations in this State, are hereby made lawful acts.
CHAP. XCIX.-An Act to amend an Act entitled an Act prescribing
the mode of maintaining and defending Possessory Actions on public lands in this State, approved April twentieth, eighteen hundred and fifty-two.
[Approved March 7, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Section third of said Act shall be, and the same is hereby, so amended as to read as follows:
Section third--- Any person being a citizen of the United States, claiming any of the public lands in this State, shall file in the office of the Recorder of the County in which such lands are situated, his affidavit, setting forth,
First-That his or her lines do not embrace more than one hundred and sixty acres of land.
Second–That he or she holds no other claim under this Act, and to the best of his or her knowledge and belief, that the said lands are not claimed under any existing title.
Upon the filing of this affidavit, the Recorder shall proceed to record said claim, in a book to be kept in his office for that purpose.
CHAP. C.-An Act concerning the Office of Sherif in and for the
Counties of Solano and Contra Costa.
[Approved March 7, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The present Sheriffs of the Counties of Contra after term of Costa and Solano, and their successors in office, shall complete
the collection of all taxes on any assessment-rolls or tax-lists placed in their hands for collection, notwithstanding their term of office may expire after receiving such assessment-rolls or taxlists, and prior to the completion of the collection of the same.
Séc. 2. So far as section thirty-three of an Act to provide revenue for the support of the Government of this State, approved April twenty-ninth, eighteen hundred and fifty-seven, conflicts with the provisions of this Act, the same is hereby repealed.