« PreviousContinue »
Act of March 2, 1859, to amend “An Act concerning Attorneys and Counsellors at law," approved February
Section 1. Section six of said act is hereby amended so as to read as follows:
ART. 34, Sec. 6. Every white male citizen of the United States, who has been admitted to practice law in the courts of a sister state, may be admitted to practice in the courts of this state, upon the production of his license, and satisfactory evidence of good moral character; but the court may examine the applicant as to his qualifications.
Sec. 2. Section thirteen of said act is hereby amended so as to read as follows:
Art. 35, Sec. 13. An attorney and counsellor may be removed or suspended by the supreme court, and by the district courts of the state, for either of the following causes, arising after his admission to practice:
First -His conviction of a felony, or misdemeanor, involving moral turpitude, in which cases the record of conviction shall be conclusive evidence.
Second-- Willful disobedience or violation of an order of the court requiring bim to do, or forbear, an act connected with, or in the course of, his profession, and any violation of the oath taken by bim as such attorney and counselor. In all cases where an attorney is removed or suspended by a district court, he may appeal to the supreme court, and the judgment or order of the district court shall be subject on such appeal to review, as in other cases.
JUDICIAL DECISIONS. 1. WHERE a party changes his attorney in action, and there is no regular substitution of attorneys as pointed out by statute, notices may be served on the attorney of record. Grant v. White, 6 Cal. 55.
2. in an action to recover the value of services as attorney in a certain suit, it is not competent to prove the value of plaintiff's services in another. Hart v. Vidal, 6 Cal. 56. 3. A witness who is not an attorney is incompetent to prove the value of an attorney's services. Id. 4. An attorney in fret, not being at the same time an attorney at law, cannot sigu a complaint for his principal, as “ plaintiff's attorney," and all proceedings under a complaint so signed, are void. Dixey v. Pollock, 8 Cal. 570.
5. A party who gives a general power of attorney to another to transact all business, etc. authorizing the attorney to - make, executo, and deliver, promissory notes," etc. will be held liable for all such notes, etc. executed in his name by his attorney, when they have reached the hands of an innocent holder, although they may have been made for the private purposes of the attorney. Hellmann v. Potter, 6 Cal. 13.
6. A power of attorney authorizing the attorney " to settle and adjust all partnership debts, accounts, and demands,
and all other accounts and demands now subsisting, or which may hereafter subsist between me and any person or persons whatever," and to execute releases for such purposes, does not confer a power to release a covenant of guaranty made to the principal and others jointly, for the payment of rent and purchase money of property sold by them as tenants in common. Johnson v. Wright, 6 Cal. 373.
ARTICLE 36. Any citizen may become an auctioneer. Bond, isting auctioneers. Licenses not to be transferred; amount and record,
not to be used for more than one store, 37. Licenses, how issued. Settlements of auditor and 40. Penalty for violation of act.
treasurer. Penalty for circulating false licenses. 41. Sheriff or constable may act in certain cases. 38. License tax.
42. Horse-auctioneer to keep register. Memorandum 39. Certain property may be sold without license. Re- book. newal of license, proceedings for. License to ex- 43. Duty of county treasurer.
4. Disposition of moneys received. Act of April 18, 1859, to provide for the Licensing of Auctioneers, and to define their Duties and Liabilities.
ART. 36, Sec. 1. Any citizen of this state may become an auctioneer for the county in which he resides, and be authorized to sell real and personal property at public auction, or vendue, in giving bonds in accordance with the provisions of this act, for the faithful performance of his duties, and on the payment of the license hereinafter provided.
Sec. 2. The bonds shall be conditioned to be paid to the people of the state of California, with one or more sureties, in the sum of five thousand dollars. Said bond shall be approved by the county judge of the county in which the auction'eer shall propose doing business, which shall be filed in the office of the county clerk of said county.
Art. 37, Sec. 3. The controller of state shall cause to be printed, a sufficient number of licenses, of all classes mentioned in this bill, filled out completely, except a blank for the name of the county, and of the county auditor. Each license shall also contain a blank receipt, to be signed by the county treasurer, on delivery of said license to the purchaser thereof. He shall forward to the auditor of each county, a sufficient number of blanks for the use of said county, which shall be charged to said auditor on the controller's books.
The auditor, from time to time, shall deliver to the treasurer as many of such licenses as may be required, and shall sign the same, and charge them to the county treasurer, specifying the class of licenses in his charge.
At the end of each month, the treasurer shall return to the auditor all licenses not issued, and the auditor shall charge him with the amount of money received for licenses issued, and open a new account with the treasurer for the next month. Once in three months, the auditor shall report to the controller of state the number of licenses issued by the treasurer, for the preceding three months, and the amonut of money paid for the same, and the controller shall hold the auditor responsible on his official bond, for all licenses and receipts issued to him under this section, not accounted for or returned. If either the auditor or treasurer shall issue, have in his possession, or put in circulation, any other licenses than those forwarded to the auditor by the controller, the person so offending shall be liable to indictment for a felony, and on conviction, be sentenced to imprisonment in the state-prison, for a term not less than one year, nor more than four years.
Art. 38, Sec. 4. Any person who shall have filed his bond in accordance with the provisions of this act, shall, upon payment of the sum specified in this section, receive from the county treasurer a license of the class for which he has paid ; said license shall be renewed quarterly, and rated as follows :
First Class-Auctioneers, whose average monthly sales shall amount to one hundred thousand dollars and upwards, shall constitute the first class, and shall pay a license of four hundred dollars per quarter.
Second Class-Auctioneers, whose average monthly sales shall amount to serenty-five thousand, and less than one hundred thousand dollars, shall constitute the second class, and pay a license of three hundred dollars per quarter.
Third Class-Auctioneers, whose average monthly sales shall amount to fifty thousand, and less than seventy-five thousand dollars, shall constitute the third class, and pay a license of two hundred dollars per quarter.
Fourth Class-Anctioneers, whose average monthly sales shall amount to thirty thousand, and less than fifty thousand dollars, shall constitute the fourth class, and pay a license of one hundred and twenty-five dollars per quarter.
Fifth Class-Auctioneers, whose average monthly sales shall amount to twenty thousand, and less than thirty thousand dollars, shall constitute the fifth class, and pay a license of one hundred dollars per quarter.
Sirth Class-Auctioneers, whose average monthly sales shall amount to ten thousand, and less than twenty thousand dollars, shall constitute the sixth class, and pay a license of sixty dollars per quarter.
Serenth Class-Auctioneers, whose average monthly sales shall be less than ten thousand dollars, shall constitute the seventh class, and pay a license of twenty-five dollars per quarter.
Art. 39, Sec. 5. No section of this act shall be so construed as to require a license to be obtained for the selling of any goods at public sale that may belong to the United States, or to this state, or upon property sold by virtue of any process issued by any state court, or United States court.
Sec. 6. Every auctioneer applying to the county treasurer for a renewal of his license, under the provisions of this act, shall accompany the application with a statement, under oath, which shall set forth that bis average receipts per month, on account of sales, during the preceding quarter, do not exceed the amount specified in the class of license for which he applies, and any auctioneer, already established in business, applying for a license, as provided in this act, for the first quarter after its passage, shall take out a license in proportion to his average monthly sales for the preceding quarter, and it is hereby made the duty of such treasurer to provide blank forms of affidavit for that purpose, and administer the oath required to such applicants without charge.
Sec. 7. No auctioneer shall be permitted to transfer his license to any other person,
for any part of the time, or at any time during the period for which his license may have been issued; nor shall any auctioneer be permitted to use his license, for the purpose of transacting an auction business, in more than one store or specified place of business.
Art. 40, Sec. 8. Any auctioneer who shall fail to comply with the provisions of this act, or any person acting as an auctioneer, without first having complied with its provisions, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any court of competent jurisdiction, shall be fined not less than fifty, nor more than five hundred dollars, for each and every article sold, or offered for sale; and in default of payment of such fine, shall be imprisoned in the county jail for a period not exceeding ninety days, at the discretion of the judge before whom the case may be tried.
Art. 41, Sec. 9. In any city or town where there is no auctioneer, the sheriff or a constable shall be er officio auctioneer, and shall be permitted to sell any property, real or personal, at public auction; and for any delinquency, as such ex officio auctioneer, he shall be liable on his official bond.
Art. 42, Sec. 10. It shall be the duty of every auctioneer, who shall sell any animal of the horse kind, or any mules, to keep a book, in which he shall register the name of each and every person bringing, or offering, any horse, or mule, to be sold, and the name of the person purchasing such horse, or mule, together with the date of such sale, or sales, and a description of each horse, or mule, so sold, together with the marks and brands. Said book shall be a public record, and subject to the inspection of any person desiring to inspect the same.
Sec. 11. Each auctioneer shall keep a book, in which he shall enter a memorandum of all sales, showing the name of the owner, or owners, of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book shall at all times be open for the inspection of any person, or persons, interested therein.
ART. 43, Sec. 12. Every county treasurer shall, at all times, hold himself in readiness to pay to the treasurer of state, on his order, countersigned by the controller, all moneys in his hands derived from sales of auction licenses, to the date of such order, less his lawful commission for receiving, or paying over, said sum or sums of money, and all sums of money not paid over on the order of the treasurer of the state, as above provided, shall be paid into the state treasury, by the county treasurer, at the time and manner of other state revenues.
ART. 44, Sec 13. All money paid into the state treasury, arising from the sale of auction licenses, under the provisions of this act, shall constitute a part of the general fund.
Sec. 14. All moneys collected under the provisions of this act shall be paid into the county treasury-two-thirds for state purposes, and one-third for county purposes.
JUDICIAL DECISIONS. 1. A sale of land at auction, where no memorandum or note is made by the auctioneer, and no writing exists between the parties, is void. People v. White, 6 Cal. 75.
ARTICLE 45. Bonds of public administrator and coroner in Yolo 50. Bonds in Calaveras county. county.
51. Bonds in San Luis Obispo, San Diego and Placer 46. Bonds of justices of the peace and constables.
counties. 47. Bonds in Merced, Tulare, and Fresno counties. 52. Amendment to act of 1857. 48. Bonds in San Diego and San Bernardino counties. 53. Bonds in El Dorado county. 49. Bonds in Klamath, Del Norte and Humboldt.
Act of February 25, 1858. Art. 45, Sec. 1. Before entering upon the duties of his office, the public administrator of the county of Yolo shall execute a bond, with sureties, to be approved by the county judge, in the sum of five thousand dollars, conditioned for the faithful performance of all the duties devolved upon 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.
Sec. 2. Before entering upon the duties of his office, the coroner of the county of Yolo shall execute a bond, with sureties, to be approved by the county judge, in the sum of two thousand dollars, conditioned for the faithful performance of all the duties devolved upon him by law.
Act of March 29, 1858, concerning Official Bonds of Justices of the Peace and Constables. Art. 46, Sec. 1. From and after the passage of this act, the amount of the official bonds of justices of the peace and constables shall be fixed by the board of supervisors of the several counties of this state.
Act of April 7, 1858. Art. 47, Sec. 1. The county officers hereinafter named, in the counties of Merced and Tulare, shall give bonds for the faithful discharge of their duties, as prescribed by law, in the following named sums, respectively: The sheriff shall give bonds in the sum of twelve thousand dollars; also, as collector of foreign miners' licenses, in the sum of one thousand dollars. The county clerk shall give bonds in the sum of four thousand dollars; also, as recorder, in the sum of three thousand dollars. The district attorney shall give bonds in the sum of four thousand dollars. The coroner shall give bonds in the sum of two thousand dollars. The public administrator shall give bonds in the sum of fifteen thousand dollars. The county surveyor shall give bonds in the sum of two thousand dollars.
Sec. 2. The bonds of the county officers in the county of Fresno shall be as prescribed in section first of this act, except that the sheriff of said county shall give bonds, as collector of foreign miners' licenses, in the sum of five thousand dollars.
Act of April 21, 1858. Art. 48, Sec. 1. The county officers hereinafter named in the counties of San Diego and San Bernardino, shall give bonds for the faithful discharge of their official duties as prescribed by law, in the following named sums, respectively: The treasurer, ten thousand dollars; the sheriff, ten thousand dollars; the county clerk, five thousand dollars; the district attorney (1), three thousand dollars; the county surveyor(1), three thousand dollars; the assessor, three thousand dollars; the coroner(1), two thousand dollars.
(1) See Art. 51.
Sec. 2. Before entering upon or exercising any of the duties of his office, the recorder of the county of San Bernardino shall enter in bonds in the penal sum of two thousand dollars, with two or more sufficient sureties, conditioned for the faithful discharge of his duties as such recorder, which bond shall be approved and filed according to law.--[Act of March 16, 1860.
Act of April 21, 1858. ART. 49, Sec. 1. The county officers hereinafter named in the counties of Klamath, Del Norte, and Humboldt, shall give bonds for the faithful performance of their official duties as prescribed by law, in the following named sums, respectively: The sheriff, in the sum of ten thousand dollars; the sheriff, for the collection of foreign miners' licenses, ten thousand dollars; the clerk, in the sum of three thousand dollars; the clerk, as recorder, in the sum of three thousand dollars; the district attorney, in the sum of five thousand dollars; the county surveyor, in the sum of two thousand dollars; the county assessor, in the sum of three thousand dollars; the coroner, in the sum of two thousand dollars; the treasurer, in a sum not less than ten thousand dollars; the public administrator, in a sum of not less than twelve thousand dollars.
Act of January 29, 1869. Art. 50, Sec. 1. In all cases where the official bonds of the officers of the county of Calaveras have, or shall hereafter, from any cause, become defective or void, the board of supervisors shall cause them to file new bonds in the amounts now required by law.
Sec 2. The board of supervisors of said county shall approve of all bonds hereafter to be given by the officers of said county.
Act of March 4, 1859. Art. 51. Sec. 1. From and after the passage of this act, the amount of the official bonds of the district attorney, county sarveyor, and coroner, of the counties of San Luis Obispo, San Diego, and Placer, shall be fixed by the board of supervisors of said counties, and said board may require, from time to time, additional and increased bonds from said officers, or any one of them.
Sec. 2. From and after the passage of this act, the amount of the official bonds of the public administrator of the counties of San Luis Obispo, San Diego, and Placer, shall be fixed by the probate judge, or court, of said counties, and the judge or court may require additional bonds from each officer from time to time.
Act of March 4, 1859. Art. 52, Sec. 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:
Sec. 1. In all cases where official bonds are required, or may be hereafter re quired, from state or county officers, the 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 anthorized 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 owu or any other motion, call, by written notice