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ACTS—WHEN TO TAKE EFFECT, CONSTRUCTION, Etc.
GIP44 Act of February 7, 1860. ARTICLE 3, Sec. 1. No general law shall take effect until the expiration of sixty days after the passage of the same, unless otherwise provided in such law
JUDICIAL DECISIONS. 1. In the construction of a statute, the intention of the legislature must govern, and this must be ascertained, not from a particular section, but from the whole statute. Smith v. Randall, 6 Cal. 47.
2. Remedial statutes must be construed liberally, and where the meaning is doubtful, it must be so construed as to extend the remedy. White v. Steamtug, 6 Cal. 462.
3. Where an act provides for an election a day prior to the time when the act takes effect, the election is a nullity. People v. Johnson, 6 Cal. 673.
4. In construing statutes, general words are controlled by special exceptions. Lucas, Turner & Co. v. Payne et al., 7 Cal. 92.
5. Where a new right is created by statute, the remedy is confined to the statute. Ward v. Severance, 7 Cal. 126. If the right existed at common law, the remedy is merely cumulative. Id.
6. The law does not favor a repeal by implication, and unless the former act be referred to, or is clearly repugnant to the provisions of the latter, both must stand. Scofield v. White, 7 Cal. 400. Pierpont v. Crouch, 10 Cal. 315.
7. Where a general repealing act is passed, and on the next day a supplementary act, excepting certain counties from the operation of the repeal, the latter must be regarded as part of the former. Manlove v. White. 8 Cal, 376.
8. When a statute assumes to specify the effects of a certain provision, courts will presume that all the effects intended by the law-makers are stated. Perkins v. Thornburgh, 10 Cal. 189.
9. Statutes upon the same subject must be construed together, and a general provision must be controlled by one that is special. People v. Wells, 11 Cal. 329.
10. The intent, collecied from the whole statute taken together, must prevail, even over the literal senso of the terms, and control the strict letter of the law, when the letter would lead to possible injustice, contradiction or absurdity. Ex parte Ellis, 11 Cal. 2:22.
ARTICLE 4. Fees in certain counties.
7. Office abolished in certain counties. Estates how 5. Coroners to act as, in certain counties. Additional administered. Fees of district attorney. bond.
8. Certain informal sales by, confirmed. 6. Disposition of unclaimed funds in bands of. Duty 9. Amendments to Act of 1851. of judge and district attoruey.
Act of April 6, 1858. ARTICLE 4, Sec. 1. The public administrators of the counties of Nevada, Sacramento, Monterey, El Dorado, Amador, Tuolumne, Sierra(1), Humboldt(2), Tehama(2), Yolo(3), and Placer(4), shall hereafter be entitled to receive for their services the same fees as are allowed executors and administrators, by an act entitled "an act to regulate the settlement of the estates of deceased persons,” passed May first, one thousand eight hundred and fifty-one.
Act of April 14, 1858. Art. 5, Sec. 1. The coroners in and for the counties of San Luis Obispo and Santa Barbara shall, in case of a vacancy in the office of the public administrator in said counties, be ex officio administrators, and perform all the duties and be subject to all the liabilities of public administrators.
Sec. 2. The probate court may, at any time, require the coroner, when acting in the capacity of public administrator, to file such additional bond as the probate court may
Act of April 11, 1859, concerning Public Administrators. Art. 6, Sec. 1. Whenever it shall appear, from the returns made in pursuance of the foregoing sections (5,) that any money remains in the hands of the public administrators, (after a final settlement of the estate,) that is unclaimed by legal (1) Act of Feb. 12. 1859.
(3) Act of March 9, 1859. (2) Act of April 26, 1858.
(4) Act of April 13, 1859. (5) This was doubtless intended as supplemental to the act of 1851.
heirs or other claimants, and which, in pursuance to law, should be paid over to the county treasurer, then it shall be the duty of the probate judge to order the same to be paid over to the county treasurer, and, on failure of the public administrator to comply with the said order within ten days after the same is made, then it is hereby made the duty of the district attorney for the county to immediately institute the requisite legal proceedings against the said public administrator, for the procuring of a judgment against him, and the sureties on his official bond, to the amount of the money so withheld, and costs.
Act of April 18, 1859. (Took effect October 1, 1859.) Art. 7, Sec. 1. An act concerning the office of public administrator, and making it elective, passed April fifteenth, one thousand eight hundred and fiftyone, and the several acts amendatory and supplementary thereto, so far as the same relate to the counties of Tuolumne and Santa Barbara, are hereby repealed.
Sec. 2. Whenever any resident of the counties of Tuolumne, or Santa Barbara, dies possessed of any property, and no person applies to the probate court for letters of administration, entitled thereto by law, it shall be the duty of the district attorney to petition the probate court for letters of administration, to any legally qualified person, in the discretion of the court, which person shall give such bonds for the faithful performance of his duties, as is required by law.
Sec. 3. The district attorney shall receive such compensation for the performance of duties prescribed in this act, as the probate court may deem just.
Act of February 7, 1860. Art. 8, Sec. 1. When real estate has been sold by a public administrator, acting as such in charge of an estate, without first having obtained letters of administration, and when such sale has been made under an order of the probate court, and approved by the probate judge or court, and a deed for the property has been executed to the purchaser or purchasers, such deed so made by such public administrator, is hereby confirmed and ratified, and made as valid and binding, and shall have the same force and effect as evidence, as if said officer had procured bis letters of administration in accordance with law, prior to the making of such sale; and such deed so made, acknowledged according to law, and duly recorded, shall impart notice of its contents, from and after the passage of this act.
Act of March 20, 1860. Art. 9, Sec. 1. Section two of "An Act concerning the Office of Public Administrator and making it Elective," approved April fifteenth, one thousand eight hundred and fifty-one, is hereby amended so as to read as follows :
Sec. 2. Every public administrator hereafter elected or appointed, before entering upon the duties of his office, shall execute a bond, with sureties, to be approved by the probate judge, in a sum not less than fifteen thousand dollars, and which may be increased at any time, in the discretion of the probate judge, conditioned for the faithful performance of all the duties enjoined on him by law, and particularly that he will account for and pay over all moneys and property that may come into his hands as such public administrator; provided, that the probate judge may in his discretion, for good cause shown, fix the amount of bond at not less than three thousand dollars.
Sec. 2. Section three of said act is hereby amended so as to read as follows:
Sec. 3. He shall be authorized and required to perform such duties as are prescribed by law, and shall not be required to obtain letters of administration therefor, but may proceed to the performance of the same by virtue of his office, and shall receive such compensation as may be prescribed by law ; provided, that the provisions of this act shall not apply to the city and county of San Francisco and the city and county of Sacramento, but in said city and county of San Francisco and the said city and county of Sacramento, the public administrator shall give bonds, to be approved by the probate court, in the sum of not less than thirty thousand dollars, and shall procure letters of administration on each estate, by petition as in other cases.
JUDICIAL DECISIONS. 1. A public administrator having administration of an estate, continues such administration after the expiration of his term of office, and until his authority is directly set asido or indirectly revoked by another appointment. Rogers v. Hoberlin, 11 Cal. 120.
2. To vest the incoming administrator with title to the estate, there must be a grant of administration to him; the mere handing over the papers by the old administrator, is not sufficient. Id.
ARTICLE 10. Annual appropriation of $5,000 to state society. 13. Debts of such societies. Liability of managers for Duty of recording secretary.
debts. 11. Society for ; how incorporated. Powers.
14. Certificate of incorporation, what to set forth and 12. Officers of such societies. Membership.
Act of March 20, 1858, amendatory of "An Act to Incorporate a State Agricultural Society, and appropriate
Money for its Support," passed May 13, 1854. Art. 10, Sec 1. Section eight of said act is hereby amended to read as follows : There is hereby appropriated, from any money in the treasury not otherwise appropriated, the sum of five thousand dollars annually, from and after May thirteenth, one thousand eight hundred and fifty-eight, for the space of five years, to be paid on the first day of June, in each year, to the treasurer of said society, on a requisition on the treasurer of this state, signed by the president and recording secretary of said society, which said sum shall be used only for the purpose of paying premiums, and for no other purpose whatsoever. And it shall be the duty of the recording secretary to make a statement, annually, of all the receipts, and stating definitely from what source such receipts were derived ; also a tabular account of all expenditures, specifying for what purposes such expenditures have been made ; also the amount of money in the hands of the treasurer at the time of making such statement, and forward copies of the same to the governor of the state, to be by bim transmitted to the legislature, with the documents accompanying his annual message ; and the entire transactions of the society to be printed in a separate volume, for the use of the members of the legislature and of the said agricultural society.
Sec. 2. Sections three, four, six, seven, nine and ten, of said act, are hereby repealed.
Act of March 12, 1859, concerning Agricultural Societies. Art. 11, Sec. 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 society, and by such name and style shall have perpetual succession, and shall have power and authority to contract, and be contracted with; to sue, and be sued, in all courts ; to have, and use, a common seal, and to alter the same at pleasure ; to make, ordain, and establish, and put in execution, such by-laws, ordinances, rules and regulations, as shall be necessary for the good government of such society, and the management of its affairs ; Provided, that said by-laws, ordinances, rules, and regulations, shall not be contrary to any provisions of this charter, or the constitution of this state, or of the United States.
Sec. 2. In addition to the powers above enumerated, the society shall, by its name, have power to purchase, hold, and lease, any quantity of land, not exceed. ing in the aggregate one hundred and sixty acres, with such buildings and im.
ASSAYER OF ORES AND METALS.
provements as may be erected thereon, and may sell, lease, and dispose of the same at pleasure. The said real estate shall be held by such society, for the purpose of erecting buildings and other improvements calculated to promote and encourage the interests of agriculture, horticulture, mechanics, manufactures, stockraising, and general domestic industry.
ART. 12, Sec. 3. The officers of such society shall consist of a president, two vice-presidents, a secretary, a treasurer, and two directors, all of whom shall be members of such society at the time of their election, and shall have the management of the fiscal, prudential, and other concerns of such society, and shall be styled the board of managers. The said officers shall be elected annually, by the members of the society, at such time, and in such manner, as in their constitution and by-laws they may prescribe, and shall hold their offices for the term of one year, and until their successors enter upon their duties.
Sec. 4. Such society may provide, by its constitution and by-laws, for memberships of such society, and fix the prices of such membership, and the terms of duration thereof.
ART. 13, Sec. 5. No society organized under the provisions of this act shall contract
debts or liabilities to exceed the amount of money in the treasury at the time such debt or liability shall have been contracted, except as provided in the next section.
Sec. 67 Such society may, by the unanimous vote of the board of managers, for the purpose of purchasing and leasing property, as provided for by the second, section of this act, create debts or liabilities, not to exceed the sum of one thousand dollars, and in case of any excess being incurred, the said board of managers shall, in their individual and private capacities, be held jointly liable to such Society for the amount of such excess; Provided, that any member of said board, who shall have been absent, or caused his dissent therefrom at the time, to be entered on the minutes, shall not be so held liable.
Art. 14, Sec. 7. Within three months after the organization of such society, the board of managers thereof shall cause to be filed in the office of the county clerk of the county in which such society is organized, a certificate stating the name of the society, the purposes for which it was organized, the date of its organization, and the name of its officers, which certificate shall be signed by the president and secretary of said society; a copy of such certificate, filed as aforesaid, and certified by the county clerk, shall be received in all courts, and places, as presumptive evidence of the matters therein stated.
Şec 9: It shall not be lawful for any person to sue such society for the failure So award any premium, or premiums, or for a failure to pay the same when axatded
7 St, 62 P. SY
JUDICIAL DECISIONS. 1. A person who settles for agricultural purposes upon any of the mining lands of this state, settles upon guch lands subject to the rights of miners, who may proceed in good faith to extract any valuable metals there may be found in the lands so occupied by the settler, in the most practicable manner in which they can be extracted, and with the least injury to the occupying claimant. McClintock v. Bryden, 5 Cal. 97.
2. The statute making possessory rights of settlers on public lands for agricultural or grazing purposes yield to the rights of miners, has legalized what would otherwise be a trespass, and the act cannot be extended by implication to a class of cases not especially provided for. Weimer o. Lowery, 11 Cal. 104.
See MINING LAWS. WATER RIGHTS.
ASSAYER OF ORES AND METALS.
Act of March 14, 1860.
may appoint a suitable and competent person to be state assayer, who shall be skilled in the art of assaying of ores and metals, who shall hold his office for the term of two years, and until his successor shall be appointed and qualified, and shall be sworn to the faithful discharge of his duties.
Sec. 2. Before entering upon the discharge of his duties, the person so appointed shall give an official bond, conditioned for the faithful performance of his duties, with two or more sureties, in the sum of fifty thousand dollars, to be approved by the governor of the state.
Art. 16, Sec. 3. It shall be the duty of said state assayer to assay such ores and metals as may be offered to him for that purpose, and to give certificates of the character, quality, and value, thereof; and, also, in case of all precious metals assayed, to stamp the same with such suitable stamp as may be selected or devised by said assayer, showing the quality and value thereof, according to the standard of the mint of the United States, and for such service said assayer shall be paid such compensation as may be agreed upon by the person or persons procuring the same to be done; Provided, that the charges for such labor performed shall not be more than the prices of the United States Mint for similar services done; and the charge for a seal to any certificate, when required, shall not be more than two dollars.
Sec. 4. This act shall take effect from and after its passage.
Act of March 15, 1860, to amend " An Act concerning the office of County Assessor," passed March 27, 1850)
Art. 17, Sec. 1. Section one of said act is hereby amended so as to read as follows :
Sec. 1. The county assessor shall hold his office for the term of two years from the date of bis election and until his successor is elected and qualified, and shall do and perform all the duties which are now or may hereafter be required of him by law.
ASSOCIATIONS-RELIGIOUS, CHARITABLE, ETC.
See h. lood as to
ARTICLE 18. How incorporated. Powers and privileges. 20. Officers. Rules and regulations, 19. Women may be incorporated. Effect on property 21. Quantity of land which may be held: of husband.
22. Sale of real estate of. Act of March 12, 1858, further to extend the “Act concerning Corporations,” passed April 22, 1850. Art. 18, Sec. 1. Any nine or more persons who may desire to act in concert for the care, protection, relief, or improvement of, first, orphans ; or, second, foundlings; or, third, shipwrecked or destitute sailors; or, fourth, sick and disabled, or unprotected, or needy persons ; or for literary or educational purposes —and who shall desire to form an incorporated company, or society, for the protection of either of said benevolent or educational objects, may do so by complying with the provisions of chapter eight of the act concerning corporations, passed April twenty-second A. D. one thousand eight hundred and fifty, and such benevolent and educational society, incorporated under the provisions of said act, as hereby extended, shall possess the same powers, be subject to the like liabilities, and enjoy the like privileges, as therein provided.-[Am. April 24, 1858; R. S. St. 1858, 57.