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same and paying such funding bonds and the coupons thereon; and every such assessment or tax laid, or provision made for the payment thereof, contrary to the provisions of this act, shall be absolutely null and void; provided, that any indebtedness now existing against the hospital fund of said county of Yuba, shall be entitled to be paid in its regular order, as heretofore, out of any moneys in said fund, up to and including October first, A. D. one thousand eight hundred and sixty; after which time it shall not be lawful to pay any of the indebtedness mentioned in section eighteen of this act, except as directed by the provisions of this section.
Act of March 28, 1859, to prevent Stallions running at large in the county of Sacramento. (Extended, March
20, 1860, to the counties of Sutter, Alameda, Yuba, El Dorado, Placer, Santa Cruz, Calaveras, Amador, Santa Clara, Mariposa, Merced, Yolo, and Stanislaus.) Art. 518, Sec. 1. From and after the passage of this act, it shall not be lawful for the owner or owners of stallions to allow the same to run at large in the county of Sacramento.
Sec. 2. If any owner or owners, or the agent of such owner or owners, shall permit any animal, as aforesaid, contrary to the first section of this act, to run at large, it shall be lawful for any person injured thereby to bring suit before any justice of the peace, in the proper township, against the person or persons so offending, who, upon conviction, shall be fined in any sum not less than twenty dollars, nor more than one hundred dollars, to be collected as fines are now collected by law.
Sec. 3. Should any such animal as aforesaid be found trespassing upon lands or possessory claims of another, the person owning the land or possessory claim may take up and safely keep such animal, and when so doing, shall give the
owner or owners thereof five days' notice, that such animal is in his or their possession; and if, at the expiration of the aforesaid time, the owner or owners, or the agent of such owner or owners, shall neglect or refuse to remove such animal, and pay for all reasonable costs for keeping the same, then the owner or owners of the land or possessory claim may cause such animal to be emasculated; provided, however, that the emasculation of such animal shall not release the owner or owners thereof from the penalty imposed by section two of this act.
Sec. 4. Should the owner or owners of such animal be unknown, then, in that case, it shall be the duty of the person in whose possession the animal may be, to forth with give notice, with a description of the animal, its marks or brands, in some paper published in the county, for three successive weeks, calling upon the owner or owners to come forward and claim his or their property; and if, at the expiration of one month thereafter, no such owner or owners shall appear, then it shall be the duty of the person having possession of such animal to deliver the same to the constable of the proper township, whose duty it shall be to publicly dispose of the same to the highest bidder; and after paying all expenses necessarily connected with such animal, to pay the remainder into the county treasury, to be credited to the common school fund; provided, however, that, should the owner or owners make claim to such property previous to sale being made, nothing in this act shall be so construed as to exempt them from all the expense incurred, or from the penalties imposed therein.
Sec. 5. This act shall take effect from and after the first day of May, A. D. eighteen hundred and fifty-nine.
ARTICLE 519. 1. Wharves may be built on overflowed lands. 520. Power of perfecting and correcting records.
Dimensions of wharves. 2. Plans to be deposited 521. Terms of office in certain counties extended. with recorder. 3. Petition to board of super. 522. Extension of term; change of manner of elecvisors. 4. Grant of privilege, and conditions. 5. tion; duties and powers in certain cases in El Record and effect of grant. 6. Rates of toll or Dorado county. wharfage. 7. Wharves considered personal prop. 523. Relative to supervisors in Tuolumns county. erty. Tax sale. Transferg. 8. Record of plans 524. In San Diego county. and deeds. 9. Certain lands excluded from act. 525. In Del Norte county. 10. Wharf to be finished within a year from 526. In Mendocino county.
grant. Act of April 8, 1858, to authorize the Boards of Supervisors of the several Counties of this State to grant the
right to construct Wharves on the Overflowed Lands of this state. ART. 519, Sec. 1. Citizens of this state are hereby authorized to build wharves on the overflowed and submerged lands of this state, by complying with the provisions of this act; pro
vided, any wharf built by the authority of this act is not over one hundred and ifty feet in length, when built on a bold shore; and not over seventy-five feet in width, where extended into the water such a distance that water-craft may load and unload on two sides and one end of the same. Any wharf built by authority of this act, may extend into the water any distance that will not interfere with the free navigation of any bay, creek, inlet, or river, on which the same may be situated.
Sec. 2. Persons desiring to build wharves in front of their land, or in front of any public land of which they are in the lawful possession, on any of the submerged or overflowed land of this state, extending into navigable water, shall make a plan of the wharf they desire to build, and write thereon the name of the bay, creek, inlet, or river, on which the same is to be built; which plan shall be deposited with the recorder of the county in which the land is situated, to be entered on record.
Sec. 3. After the person wishing to build a wharf shall have deposited the plan, with the name of the creek, bay, inlet, or river, on which the same is to be built, written thereon, with the recorder, as required in the last preceding section, he shall petition the board of supervisors of the county in which the location is situated, (which petition shall be accompanied with the recorder's certified copy of the plan and name,) to grant to him the right prayed for, for a term of years not exceeding twenty-five.
Sec. 4. Upon the presentation of the petition and plan, as required in the last preceding section, to the board of supervisors of the county in which the location is situated, the said board are hereby authorized and empowered, if they believe the public good will thereby be promoted, to grant to the petitioner the right to erect the wharf prayed for, and to use the same for a term of years, not exceeding ten, together with the further right to keep unincumbered a strip of the overflowed and submerged land on each side of said wharf, fifty feet in width, from high water mark to navigable water; which two strips of overflowed and submerged land shall be used for the purpose of landing and unloading of water-craft, and for no other purpose. Said board of supervisors may also grant to said petitioner the right of way over any swamp land belonging to the state, and lying between said wharf and the high or dry land, to the extent of fifty feet in width, for the same number of years for which the right to build and maintain the wharf is granted.
Sec. 5. All grants made by authority of this act shall be in writing, and signed by a majority of the board of supervisors making the grant, and shall be recorded in the office of the county recorder of the county in which the wharf is to be located; which shall vest in the grantee, his heirs, executors, administrators, and assigns, the sole and exclusive right to use the land for the purposes set forth in this act. When the said rights shall have been granted, in accordance with the provisions of this act, the same shall remain inviolate; provided, the grantee, or his legal representatives, shall keep the road and wharf in good repair, and fit for use at all times.
Sec. 6. When any wharf shall have been built under the authority of this act, the board of supervisors of the county where the same is located, shall fix reasonable rates of toll or wharfage, and furnish a certificate of such rates to said owner, who shall then be authorized to charge and collect the rates so fixed, and not otherwise; provided, said board of supervisors may change or alter the rates, so fixed, as often as once in each year, after the first two years.
Sec. 7. All wharves constructed by authority of this act, shall be deemed personal property, for the purpose of taxation, and shall be assessed and taxed as such, in the counties where they are located; but no tax sale shall pass any greater right or title than this act allows to be granted by said supervisors. All transfers shall be by deed, and recorded in the county where the same is situated.
Sec. 8. The county recorders of the several counties of this state, are hereby authorized and required to receive and record, in the same manner, and in the same order as the law requires them to receive and record deeds of real estate, all plans and deeds that may be made by authority of this act, and may demand and receive, in advance, the same rate of fees they are now allowed by law for similar services in the recording of deeds of real estate.
Sec. 9. All of the lands lying between Fort Point and Hunter's Point, in front of the city and county of San Francisco, or within the limits of any incorporated city in this state, are excluded from the provisions of this act.
Sec. 10. No grant made under the authority of this act, shall vest in the grantee any right whatever, unless the wharf designed to be built shall have been finished in one year from the date of the grant.
Act of April 16, 1868, to legalize and amend the County Records in the Counties of this Stato. ART. 520, Sec. 1. In any county of this state, where it shall appear to the board of supervisors that the records heretofore made are defective, by reason of defaced, mutilated, or imperfect indexing, it shall be the duty of the clerk, or recorder, upon the order of the board of supervisors, to have the same corrected, by making new indexes in place of such as are so defaced, mutilated, or imperfect; such new indexes shall contain all the names of the grantors and grantees, mortgagors and mortgagees, in every instrument recorded, and to which such indexes refer; provided, that the original indexes shall be carefully preserved in the office of the clerk or recorder, for reference; provided, that the provisions of this act shall not apply to the counties of Sacramento, Nevada, Sierra, and Placer.
Sec. 2. The fees for the services herein imposed shall be the same as allowed by law for like services in other cases, and be paid as other county debts. Act of April 26, 1858, to extend the Terms of Office of the Boards of Supervisors of certain Counties of this state.
ART. 521, Sec. 1. The boards of supervisors of the counties of this state, shall, after the terms of office of the present incumbents expire, consist of three members, who shall hold their offices for three years, except as hereinafter provided.
Sec. 2. At the next general election, there shall be elected, in each of the supervisor districts of the counties of this state, by the qualified electors thereof, one supervisor; the supervisor of the first district to go out of office at the expiration of one year; the supervi. sor of the second district to go out of office at the expiration of two years; and the supervisor of the third district to go out of office at the expiration of three years; so that after the next general election, there shall be annually elected one supervisor.
Sec. 3. Whenever it becomes necessary to elect a supervisor to fill any vacancy, occasioned by death, resignation, or any other cause, the person elected shall hold his office for the unexpired period for which his predecessor was elected.
Sec. 4. The board of supervisors of each of the counties of this state, where the supervisor districts have not been defined or laid out into districts, shall, on or before the next regular meeting of said board, in August, eighteen hundred and fifty-eight, district their several counties into three supervisor districts, with due regard to the amount of population and topography of said county, causing the said districts to contain, as nearly as possible, an equal amount of population, and declare and define the boundaries thereof, and they shall number the same, consecutively, from one to three.
Sec. 5. The board of supervisors, hereafter to be elected, shall have the power, at their regular meetings, to alter the bounds of the supervisor districts, if they think proper, and shall
, in case the boundaries of their counties be changed, immediately redistrict their counties in conformity with the provisions of section four of this act.
Sec. 6. The supervisor filling the term nearest expiration, shall be chairman of said board; provided, that in no instance shall this provision apply to a member of the board elected to fili a vacancy, unless each member composing said board shall have been elected to serve out an unexpired term.
Sec. 7. Whenever any supervisor removes from the district for which he shall have been elected, his office shall be deemed vacant, and such vacancy shall be filled as provided by law.
Sec. 8. So much of an act entitled "An Act to create a Board of Supervisors in the Counties of this State, and define their Duties and Powers," approved March twentieth, one thousand eight hundred and fifty-five, as conflicts with the provisions of this act, is hereby repealed.
Sec. 9. The provisions of this act shall not apply to the counties of Placer, Shasta, Trinity,
Powers in certain cases, and establish the Salaries of the Supervisors of El Dorado county. Art. 522, Sec. 1. At the next general election, there shall be elected, in El Dorado county, three supervisors, who shall be elected by the qualified electors of each district, who shall hoid their office for the term of one, two, and three years, respectively; and at the first meeting of the board of supervisors of said county, after their election, they shall draw lots for the terms one, two, and three years, respectively; and the supervisor who draws one year, shall hold office for one year from the time of his election, or until his successor is elected and qualified; and the supervisor who draws two years, and the supervisor who draws three years, shall hold office for the term of two and three years, respectively, and until their successors are elected and qualified.
Sec. 2. Said supervisors shall be qualified electors of the respective districts which they represent, and shall be elected by the qualified electors of their respective districts. There shall be one supervisor elected in said county every year thereafter, to hold office for the term of three years. They shall be elected by their respective districts, alternately, as the term of office of each supervisor expires. Sec. 3. (See SALARY.]
Sec. 4. The supervisors of said county shall not act upon any bill or claim in which either of them may have a direct or contingent interest; nor shall they appoint either of their number to any position of honor or profit which they may be authorized by law to create or fill.
Sec. 5. The board of supervisors of El Dorado county shall meet regularly on the first Monday of each month in the year, at the county seat in said county, for the transaction of business, and shall continue for one week in session, or until all the business presented for
their action shall be completed. The board shall also meet on the second Monday after each general election, to canvass the election returns.
Sec. 6. If, by the death, resignation, or removal from the district, of either of the members of the board, or by any other cause, a vacancy should occur, it shall be the duty of the remaining members of the board to order an election immediately, in the district in which such vacancy shall occur; said election to be held within fifteen days from the date of said order, to elect a competent person to fill said vacancy, who shall be qualified agreeably to the requirements of this act, who shall serve to the end of the unexpired term.
Act of March 7, 1859, concerning the Board of Supervisors of the County of Tuolumne. ART. 523, Sec. 1. The board of supervisors of the county of Tuolumne shall, after the terms of office of the present incumbents expire, consist of three members, who shall hold their offices for the term of three years, except as hereinafter provided.
Sec. 2. At the next general election, there shall be elected, in the county of Tuolumne, by the qualified electors thereof, three supervisors—one to hold his office for the term of one year-one to hold his office for the term of two years—and one to hold his office for the term of three years; and at the first meeting of the board of supervisors of said county after their election, they shall draw lots for the terms, one, two, and three years respectively; and the supervisor who draws one year shall hold office for one year from the time of his election; and the supervisor who draws two years, and the supervisor who draws three years, shall hold office for the term of two and three years respectively, or until their successors are elected and qualified; so that after the next general election there shall be annually elected one supervisor, to hold office for the term of three years.
Sec. 3. Whenever it becomes necessary to elect a supervisor to fill any vacancy occasioned by death, resignation, or any other cause, the person elected shall hold his office for the unexpired term for which his predecessor was elected.
Sec. 4. The supervisors of the county of Tuolumne shall receive, for their compensation, the sum of six hundred dollars per annum each; they shall do all the duties required of them by law to be done, and shall receive no other compensation for their services than is herein provided.
Sec. 5. The supervisor filling the term nearest expiration shall be chairman of said board; provided, that in no instance shall this provision apply to a member of the board elected to fill à vacancy, unless each member composing said board shall have been elected to serve out an unexpired term.
Act of April 15, 1858, relative to the Board of Supervisors of San Diego counts. Art. 524, Sec. 1. The supervisors of the county of San Diego shall have power to order, in their discretion, the publication, either in a newspaper, or otherwise, of all such matters required by law to be ordered published by them.
Act of April 21, 1860, fixing the times of the Meeting of the Board of Supervisors of Del Norte county. ART. 525, Sec. 1. The regular meetings of the board of supervisors of Del Norte county shall hereafter be held at the county seat of said county, on the third Monday of February, May, August and November, and shall continue until all the business before them is disposed of.
Act of March 11, 1859, organizing Mendocino connty. Art. 526, 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.
JUDICIAL DECISIONS. 1. A conferring other than judicial functions on the court of sessions is unconstitutional and void ; and any contract, not incident to their judicial functions, made by a court of sessions, under its provisions, is a nullity. Phelan v. San Francisco, 6 Cal. 531. Such a contract could not be made valid by the subsequent ratification of the board of supervisors. Id.
2. Conceding that the purchase, by the court of sessions, of a lot of land for a court-house, was not void, but only voidable, the subsequent action of the board of supervisors, in taking care of and preserving the property, is not a ratification of the purchase wbich will bind the county. 1d.
To charge them it should be shown that they acted with a full knowledge of the facts. Id.
3. A deliberative body like the board of supervisors cannot be bound by acts in pais; the best and only evidence of its intentions is the record of its proceedings. Id.
Moreover, such a deed was void for want of competent parties; as at the time of sale there was no person, in esse, capable of taking. Id.
4. The supervisors not being judicial officers, nor charged with judicial functions, the writ of certiorari cannot be directed to them. People v. Hester, 6 Cal. 679.
5. The supervisors exercise judicial, legislative, and executive functions, in matters of county police and fiscal regulations, and hence the writ of certiorari will lie to review their action. People v. Supervisors of El Dorado County, 8 Cal. 68.
6. The board of supervisors can create no debt or liability of the county for any purpose except as provided by law. Foster v. Coleman, 10 Cal. 278.
7. Where the account of a depnty assessor for $1,650, was audited and allowed by the board, and ordered to be paid, in the following words : "Ordered, the sum of $4,125, be paid out of the fund for current expenses, to equal $1,650, in cash, at the rate of forty cents per dollar;" and in pursuance of such order the county auditor drew his warrant for $4,125, upon the treasurer, who indorsed and entered it in its order of presentation among the legal warrants against the county; Held, that the order was made without authority, and was void, and the fact that the market value of county warrants was only forty per cent. of the nominal amount, and the object of the board was to make it equivalent to cash, did not justify their action. Id.
8. The provision of the statute organizing boards of supervisors, which empowers them to "require new bond of any county or township officer, with additional securities whenever they deem the same necessary," does not leave the exercise of the power to their arbitrary discretion; but means whenever their judgment pronounces after an examination of the facts, that there is necessity for further security. People v. Supervisors Marin Co. 10 Cal. 344.
9. In determining upon the sufficiency of the bond of an officer, and whether the officer by failing to file a new bond, has vacated his office, the supervisors exercise powers of a judicial character. Id.
10. An order of the supervisors requiring a new bond of an oficer, should specify the gound upon which the order is made ; and where the order was as follows: "Ordered, by the board of supervisors, that John De Fries, constable of San Rafael township, filo another bond with two or more sufficient sureties, within fifteen days;" it was fatally defective. Id.
11. The supervisors havo no power to declare an office vacant. Id.
12. The ninth section of the act of 1855" to create a board of supervisors, etc." which requires the property of the county to be sold at auction, does not apply to choses in action. Beals v. Evans, 10 Cal. 459.
13. The board of supervisors cannot settle with the county treasurer at a special meeting of the board, unless they have first given public notice of such meeting, and specified in such notice that such business would be transacted. El Dorado p. Reed, 11 Cal. 130.
14. The board of supervisors possess no power to allow the auditor compensation for the issuance and cancellation of warrants drawn on the treasurer. People v. Supervisors El Dorado Co. 11 Cal. 170.
The power of the board to allow accounts, is confined to those “legally chargeablo," and such a claim is not authorized by law. Id.
15. They have no power to direct the treasurer to pay warrants in violation of the statute. McDonald v. Mad. dux, 11 Cal. 187.
16. It was not the intention of the act of 1855, creating boards of supervisors, to change the order in which county warrants should be paid, viz., according to their registry. McCall v. Harris, 6 Cal. 281.
17. A board of supervisors has no power to set apart a portion of the revenue of the county, as a fund for current expenses. Laforge v. Magee, 6 Cal. 285.
Nor can they change the order of payment of warrants. Id.
TOWNS—INCORPORATION OF. Act of March 27, 1858, to amend Section twelve of " An Act to provide for the Incorporation of Towns,"
approved April 19, 1856. Sec. 1. Section twelve of said act is amended to read as follows:
ART. 527, Sec. 12. The manner of making assessments and collecting town revenue shall be prescribed by ordinance. Real estate sold for taxes shall be sold to the person offering to pay the taxes and costs on the same, and who will take the real estate sold therefor, for the shortest period of time; and deeds made therefor shall be as effectual as if made by the sheriff under execution, to convey the property for the time specified in the deed.
ARTICLE 528. Authorized to indorse certain controller's warrants. 531. 8. All claims against state to be examined. 9. 529. Authorized to receive from county treasurers cer- Presentation of claims. 10. Action on claims. tain evidences of state indebtedness.
11. Appeal from decision of board. 12. Chair. 330. Repeal of sixth section of act concerning the man of board. Attendance of witnesses. 13. receipts, etc., of state.
Powers of board in establishing rules for its 531. 1. Board Examiners. 2. Duties. 3. Monthly government; administration of oaths; taking
affidavit of condition of treasury. 4. Duty con- depositions, etc. 14. Penalty for false swearing
Act of March 3, 1858, authorizing the State Treasurer to Indorse certain Warrants. ART. 528, Sec. 1. The treasurer of state is hereby authorized and required to indorse any controller's warrants which any former state treasurer may have neglected or omitted to indorse, and which may now be an equitable indebtedness against the state, under the funding act, approved April twenty-eighth, one thousand eight hundred and fifty-seven, but not a legal indebtedness in consequence of said indorsement not having been made.
Act of April 24, 1858, concerning County Treasurers. Art. 529, Sec. 1. The treasurer of the state is hereby authorized and directed to receive from