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returns shall then be opened and read, and under their direction and in their presence, a tabular statement shall be made out, showing the vote given at each Precinct of the County for each person, and for each of the offices to be filled at the election, and also the entire vote given for each person, and the office which each one is voted to fill. The statement then to be made out by such Board shall be signed by the President and Clerk. They shall also count the vote for County-seat, and declare the result. SEC. 7. As soon as the statements and certificates are made out by the Board, the President shall declare the result, and immediately make out and send, or deliver, to each person chosen, a certificate of election, signed by him as President of the Board of Commissioners of Election, and attested by the Clerk.
SEC. 8. Each person elected shall qualify and enter upon the duties of his office, within ten days after the receipt of his certificate of election. The person elected as County Judge shall qualify before the President of the Board of Commissioners of Élection. Persons elected to other offices of the County may qualify before the said President, or before the County Judge.
SEC. 9. The President of the Board shall transmit, without delay, an abstract of said election returns to the Secretary of State, and retain the original returns until the Clerk shall qualify, when he shall file the same in the Clerk's office.
SEC. 10. The County Judge chosen under this Act shall hold office for four years from the first day of December, one thousand eight hundred and fifty-nine, and until his successor is elected and qualified. The other officers elected under this Act shall hold their respective offices for two years from the first day of December, one thousand eight hundred and fifty-nine, and until their successors are elected and qualified.
SEC. 11. The Courts authorized to be held by the County Judge of Mendocino County, shall be held all at the same time, viz.: commencing on the first Monday of each of the following months, viz.: February, May, August, and November; Provided, that the County Judge may call and hold special terms of the Probate Court, and Court of Sessions, whenever the public interest may require it.
SEC. 12. The County Judge of Mendocino County shall receive, as a compensation for his services, one thousand five hundred dollars per annum, to be paid quarterly; the District-Attorney shall receive six hundred dollars per annum, to be paid quarterly. Supervisors. SEC. 13. The Supervisors chosen under this Act shall hold regular meetings for the transaction of County business, at the County-seat, on the third Monday of each of the following months, viz., February, May, August, and November; two special terms, and no more, may be held within the same year, at the call of the President of the Board. The Supervisors shall be chosen from three different townships in the County. Their compensation shall be twenty cents for every necessary miłe traveled in going from their residences to the County-seat, to attend any regular meeting of the Board and returning; also, each member of the Board shall be allowed five dollars per diem during the session of the Board.
SEC. 14. Mendocino County shall be, and remain, a portion Included in of the Seventh Judicial District. The District Judge shall hold District. one term of his Court in Mendocino County, on the third Monday in November, one thousand eight hundred and fifty-nine, and in every year thereafter two terms, viz.: on the third Monday in July, and November.
SEC. 15. Hereafter, one of the two members of the Assembly, Member of allowed by law to Sonoma and Mendocino jointly, shall be Assembly. elected from Mendocino County, and one of said members shall be elected from Sonoma County.
SEC. 16. Beverly Mundy of Sonoma County, Jesse Whilton County-seat. of Napa County, and Upton Gordon of Marin County, are hereby appointed Commissioners to go into Mendocino County, and select two sites, which they shall deem the two most suitable sites in said County for County-seat; after having made their selection as directed, they shall report the same in writing, over their proper signatures, to one of the Commissioners of Election for Mendocino County, on or before the second Monday in April, one thousand eight hundred and fifty-nine.
SEC. 17. Said Commissioners of Election shall cause to be Vote for posted, at each Precinct in the County, a notice of the selections location. made by the Commissioners for the location of the County-seat, at least ten days before the election; said notice shall plainly designate, by name or description, each site so selected; of the two sites so selected, the one receiving the highest number of votes shall be the legal County-seat of Mendocino County.
SEC. 18. The Commissioners for the location of the County- Oath of Comseat, shall, before entering upon the discharge of their duties, take an oath, before some officer authorized to administer oaths, that they are not personally interested in the location of the County-seat, that they will faithfully and impartially perform the duties required of them by this Act.
SEC. 19. The compensation of said Commissioners shall be Compensat'n six dollars per day, for the time necessarily required to make such selections, and traveling from and back to their residences, not to exceed twenty days, which shall be paid out of the first moneys received into the treasury of Mendocino County.
SEC. 20. If the Commissioners appointed for the location of In case of the County-seat, under this Act, or a majority of them, shall fail failure. to act, as authorized, then the place which shall receive the highest number of votes for County-seat, at the election to be held under this Act, shall be the County-seat of Mendocino County.
SEC. 21. For the purpose of adjusting the affairs of the two Commission Counties upon just and equitable principles, John Short is hereby to adjust appointed a Commissioner on the part of Mendocino County, and John Hendly, on the part of Sonoma County; said Commissioners shall meet at Santa Rosa, on the fourth Monday in May, one thousand eight hundred and fifty-nine, and then and there make a thorough examination in the financial condition of Sonoma County, viz.: her property, funds, dues, and indebtedness, and make a fair, just, and equitable apportionment of the same, between the Counties of Sonoma and Mendocino; and for the purpose of carrying into effect any settlement that said
Commissioners shall make for and between the said two Counties, by virtue of this Act, the County Auditors of said Counties are hereby authorized and required to draw their warrants on their respective County Treasurers, in accordance with any order received by them, from the hands of said Commissioners. All orders from said Commissioners to the County Auditors of said Counties shall be in writing, and attested by some officer authorized to administer oaths.
SEC. 22. If the said Commissioners shall disagree upon any matter touching the adjustment of the affairs of the said Counties, they may refer such difference to the Judge of the Seventh Judicial District, or to any one upon whom they may mutually agree; and the decision of such referee shall bind them. Should the said Commissioners of Adjustment fail or refuse to act, as authorized by this Act, then the Board of Supervisors of the respective Counties shall each appoint a Commissioner to fill such vacancy.
SEC. 23. If it shall appear to said Commissioners that Mendocino County is justly entitled to any portion of the revenue collected under the assessment-roll and poll-tax list of the year one thousand eight hundred and fifty-eight, they shall so award, declaring what amount, and the time and manner of its payment by Sonoma County to Mendocino County.
SEC. 24. Said Commissioners shall be allowed reasonable compensation, by their respective County authorities, for their services.
SEC. 25. All laws, and parts of laws, in conflict with this Act, are hereby repealed, so far as the same are in conflict with the provisions of this Act.
Registrar to keep record.
CHAP. CIX.-An Act amendatory of, and supplementary to, an Act entitled "An Act to provide for the Registration of Marriages, Births, Divorces, and Deaths, in California," approved April twentysixth, one thousand eight hundred and fifty-eight.
[Approved March 12, 1859.]
The People of the State of California, represented in Senate and
SECTION 1. That the Governor of the State be, and is hereby, authorized to appoint, by and with the advice and consent of the Senate, a State Registrar, who shall hold his office at the capital of the State, for the term of two years, or until his successor is qualified, who shall give bond in the sum of four thousand dollars for the faithful performance of his duties, which are defined as follows: He shall keep, in suitable books, and in a substantial style and manner, in a safe and secure place, a record of all marriages, births, divorces, and deaths, certified to him by the Recorders of the various Counties of this State, in the manner and form hereinafter provided; and he shall prepare
from said record an annual report containing such full tabular statements as shall render them of practical utility, and submit the same to the Governor on the fifteenth day of December, of each year, and he shall also perform whatever may be required of him to carry into practical effect the provisions of this Act.
SEC. 2. It shall be the duty of all persons performing the cere- Marriages. mony of marriage, to file in the office of the Recorder of the County in which such marriage takes place, a certificate of the same, setting forth the date, locality, name, surname, age, and color of the parties when the record was made, together with the name, place of residence, and official station of the person performing the marriage ceremony, and it shall be the duty of Births. all parents and heads of families, Keepers and Superintendents of prisons, alms-houses, hospitals, houses of correction, and other public and private institutions, and the commanding officer of every ship or other vessel, to file in like manner in the office of the Recorder of the County wherein such birth occurs, a record of every birth taking place in their families, or the institution or vessel under their charge or supervision, according to the following form: Entries of the date and locality of the same; the name, (if any be given,) sex, and color of the child; the name, nativity, color, and residence of the parents, and date of the record. It shall be the duty of the Clerks of all Courts wherein Divorces. a divorce is granted, to file in the office of the Recorder of the County in which the said divorce occurs, the following record of the same: Entries of the date of the decree of divorce; christian, surname, and residence, of the parties to the same; title of the Court granting the divorce; the name of the party making the application for the same; the grounds upon which said divorce was granted, and the date when the record was made. And the said Clerks, for making such entry and filing the same, shall be entitled to receive from the party procuring the divorce, the sum of two dollars for performing such service. And it shall further be the duty of every Superintendent of a cemetery, Sexton, or Undertaker, or any person having charge of a burial, and all Coroners or other officers holding inquests, to file in the office of the Recorder of the County wherein such burial or inquest occurs, a record of the same, according to the following form: Entries of the date of the decease, sex, age, and color of the deceased; whether single or married, with the nativity, disease, or cause of death, place of interment, and date when the record was made, with any additional facts that may be of efficiency and value in such cases. And it shall further be the duty of the Clerk of every Court of Probate, in which letters testamentary or of administration may be granted, to file in the of fice of the Recorder of the County wherein such Court may be held, the names and residence of all executors and administrators upon the estates of deceased parties, with the title of the Court and the date when such letters testamentary or of administration were issued, and he shall be entitled to tax with the the costs of the issuing said letters, and receive from said estates, the sum of two dollars for performing such service.
SEC. 3. Every person, in filing a record of a marriage, birth,
Fees for recording.
divorce, or death, or of executors or administrators upon estates of deceased parties, in accordance with the provisions of this Act, shall pay to the Recorder of the County wherever such recPenalty for ord is made, the sum of one dollar; and every person amenable to the same, who shall neglect to comply with the provisions of this Act requiring such record, within one month from the time of such marriage, birth, divorce, death, or granting of letters testamentary or of administration, as aforesaid, shall, on conviction thereof, be subject to a fine of not less than ten nor more than one hundred dollars, one-half of which shall be paid into the treasury of the County wherein such conviction occurs, for the use of said County, and the other half to the person giving information of such neglect. And it shall be the duty of the District-Attorney of the County wherein such case occurs, upon information of such neglect, to prosecute the same to convic
SEC. 4. Every County Recorder is hereby required to enter, in suitable books of record, to be provided by him and preserved in his office, every registry of a marriage, birth, divorce, death, or of excutors or administrators filed with him as aforesaid, in accordance with the provisions of this Act, for which he shall receive the sum of one dollar, one-half of which he shall retain as his own fee, paying the remainder, at the end of each and every month, into the treasury of his County, for the use and benefit of the State Registrar. He shall, also, at the close of each and every month, certify and sign, upon the face of the record, that the registrations for that period are correctly made up at the end of every three months. He shall regularly transmit a duplicate of all registrations made in his office, attested by his certificate and official seal, to the State Registrar, for record in his office.
SEC. 5. It shall be the duty of every County Treasurer to Treasurers. keep a correct account of all moneys paid into his hands by the County Recorders, on account of registrations, as herein before provided for, and to pay over the same, at the end of each month, to the order of the State Registrar, reserving his legal per centage for the collection and charge of the same.
SEC. 6. This Act shall take effect from and after its passage; and all other Acts, or parts of Acts, in anywise conflicting with the same, are hereby repealed.
sons may form a society.
CHAP. CX.—An Act concerning Agricultural Societies.
[Approved March 12, 1859.]
The People of the State of California, represented in Senate and
SECTION 1. Any seven or more persons may form an association for agricultural purposes, and when so formed, shall be known and designated by the name of Agricultural So