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cept the first election. Should any of the judges appointed to hold any elections for any town officer fail to attend, the electors present may appoint others in their stead. All elections for town officers shall be conducted according to the laws regulating elections, by the judges and clerks to be appointed by them; and the returns shall be made to the Board of Trustees, except in regard to the first election, the returns whereof shall be made to the County Judges when the election is ordered by the County Court. If ordered by the Governor, the Judges of Election shall deliver certificates of election to the persons chosen, and make their return to the Board of Trustees, when organized.
Sec. 11. All officers of the corporation, before entering upon the All officers to duties of their office, shall take the oath precribed by the constitution; certain to give and the Treasurer, Marshal, and Assessor shall give bond for the faithful performance of the duties of their office, payable to the corporation by its corporate name, to be approved by the Board of Trustees, in such penalties as said Board by ordinance shall have preseribed : and a like bond may be required to be given by any other officer whose office may be established by the Board. If, from any cause, such bond shall have become insufficient in the opinion of the Board, they may require of any officer such additional bond as they may think necessary. Sec. 12. If any person fail to pay any tax levied upon his real or Payment of taxes
-how enforced. personal property, the town collector may recover the same by suit, in the name of the corporation, before any court of competent jurisdiction, together with all the costs of such suits.
Sec. 13. The President of Board of Trustees shall, on the first President of days of March and September of each year, make out a full and to make and correct statement of all moneys received and expended, from whom annual statement
of receipts and and for what purpose received, and to whom and for what purpose expenditures. expended, during the six months next preceding; and shall cause such statement, within ten days thereafter, to be published in some newspaper printed in the town, if there be any; and if not, then he shall, within said time, cause such statement to be put up in three of the most public places in said town.
Sec. 14. If the President of the Board of Trustees of any town Penalty for shall at any time neglect to make and cause such statement to be make such published as required by this act, he shall forfeit for every such neglect the sum of five hundred dollars, to be recovered by suit in any court of competent jurisdiction, one half whereof shall be to the use of the town, and the other half to the use of any person who
may for the same.
board of trustees
Other acts of incorporation
By-laws to be Sec. 15. The President of the Board of Trustees shall cause to published.
be printed or published all the by-laws and ordinances of the Board,
for the information of the inhabitants, and cause the same to be carTerm of office of ried into effect. He shall remain in office for the term for which president of board of trustees. he is elected a trustee; but in case of his absence at any meeting of
the Board, the Board may appoint a president pro tempore. Should Office of trustee any of the trustees, or any other town officer, remove from the town, -how vacated.
absent himself therefrom for more than thirty days without leave of the Board, or refuse or neglect to qualify within ten days after his election, or if bond is required of him, neglect or refuse, for the said time, to give bond, his office shall be thereby vacated.
Sec. 16. Whenever any town shall be incorporated under the repealed.
provisions of this act, all other laws incorporating the same, or made to regulate in any way the internal police of such town, shall be
considered as repealed. Disincorporation Sec. 17. The County Court of each county shall have power to
disincorporate any town which they may have incorporated, upon the
petition of three fourths of the legal voters of such town. Prerequisites to Sec. 18. No corporation shall be dissolved by virtue of this act, disincorporation.
unless it shall appear to the satisfaction of the court that notice has been given of the intended application for a dissolution of the corporation, by advertisement, printed in a newspaper nearest to the town prayed to be disincorporated, or posted in writing, for at least eight weeks successively prior to such application, nor until all their liabilities have either been paid or secured, to the satisfaction of the County Clerk of the proper county.
Sec. 19. No dissolution of any corporation under this act shall disincorporation.
invalidate or affect any right, penalty, or forfeiture accruing to such corporation, or invalidate or affect any contract entered into or imposed upon such corporation.
Sec. 20. Whenever the County Court shall dissolve any corporacorporation. tion, they shall appoint some competent person to act as trustee for
the corporation so dissolved.
Sec. 21. The trustee, before entering upon the discharge of his duties, shall take and subscribe an oath before some judge or Justice of the Peace, that he will faithfully discharge the duties of his office, and shall, moreover, give bond, with sufficient security, to be approved by the court, to the use of such disincorporated town,
conditioned for the faithful discharge of the duties of his office. To prosecute and Sec. 22. The trustee shall prosecute to final judgment, and defend defend suits, etc.
all suits instituted by or against the corporation, collect all money
Trustee for dissolved
Trustee to take oath.
due to the same, liquidate all lawful demands against the same, and for that purpose shall sell and convey any property belonging to such corporation, or so much thereof as may be necessary, and generally do all acts required to bring to a speedy close all the affairs of the corporation; and he shall make a report of his proceedings to the County Court, at each term thereof.
Sec. 23. The trustee shall pay over to the County Court, from To pay over time to time, such money as may come into his hands; and when he County Court. shall have closed the affairs of the corporation, shall make a final settlement thereof with said court, and deliver up all books, records, papers, deeds, and all other effects belonging to the dissolved corporation. Such trustee shall receive for his services such compensa- Compensation. tion as the court shall think reasonable.
Sec. 24. If any town disincorporated as aforesaid, have an annual Disposition of revenue accruing thereto, the same shall be paid to the County Court if any, of dissolvby the person owing the same, and all moneys thus paid, as well as all moneys paid by the trustee, shall be held and disposed of by the court for the benefit of such town, and may be applied by the court to any specific object, upon the petition of a majority of the taxable inhabitants of said town.
Sec. 25. All moneys arising from the collection of taxes, fines, Appropriation of penalties and forfeitures, shall be appropriated by the Board of Trus- taxes, fines, etc. tees towards carrying out those objects, which, by this act, are placed under their control and jurisdiction, and to none others. Sec. 26. This act shall be in force from and after its passage. Commencement
AN ACT to establish a Standard of Weights and Measures.—[Pas
sed March 30, 1850.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
SECTION 1. There shall be but one standard of measure of length Standard of and surface, one of weights, and one of measure of capacity through- measures. out this state, which shall be in conformity with the standard of measure, length, surface, and weight established by Congress.
Sec. 2. All commodities sold by heaped measure shall be duly Heaped measure. heaped up in the form of a cone, the outside of the measure by which
Contracts to be executed by weight or measure to mean
Grain to be sold
the same shall be measured to be the extremity of the base of such cone, and such cone to be as high as the articles to be measured will admit.
Sec. 3. The measure used for measuring dry commodities not heaped, shall be stricken with a straight stick or roller, and of the same diameter from end to end.
Sec. 4. Contracts hereafter to be executed, made within this state, for any
work to be done or for any thing to be sold, delivered, done, standard weight or agreed for by weight or measure, shall be taken and construed to
be made according to the standard weight and measure thus ascer
tained. Hundredweight Sec. 5. The hundred weight shall consist of one hundred pounds,
and twenty such hundreds shall constitute a ton.
Sec. 6. Whenever wheat, rye, Indian corn, barley, buckwheat, or by the bushel.
oats shall be sold by the bushel, and no special agreement as to the weight or measurement shall be made by the parties, the bushel shall
consist of sixty pounds of wheat, of fifty-four pounds of rye, of fiftyCapacity of
two pounds of Indian corn, of fifty pounds of barley, of forty pounds of buckwheat, and thirty-two pounds of oats.
Sec. 7. The following original standards, made in conformity to weights and
the provisions of this act, to wit: a yard, a pound, liquid gallon, and procured by
a half bushel, shall be procured by the State Sealer of weights and measures, and deposited in a chest or case in his office, which shall only be opened for the sole purpose of comparing such standards with the copies hereinafter described, unless by a joint resolution of the two Houses of the legislature, or on the call of either House for information, or by the order of the Governor for scientific purposes.
Sec. 8. Copies of the said original standards, to be made of such weights,
materials as the State Sealer shall direct, shall be deposited by him deposited with County Sealers. in the office of the County Sealers of the respective couuties of this
state, at the expense of said counties, who shall severally be responsible for the preservation of the copies respectively delivered to
them. Copies of such
Sec. 9. The State Sealer shall cause to be impressed on each of the wenigilates, etc., to copies of such original standards the letter “C,” and such other ad
ditional device as he shall direct for the particular county; which device shall be recorded in the State Sealer's office, and a copy
thereof delivered to the respective County Sealers. All weights, etc., Sec. 10. The several County Sealers shall compare all weights to be compared
and measures which shall be brought to them for that purpose,
measures to be
Copies of stan
etc., to be
with standards and marked
and when the same are found or made to conform to the legal standards, the officer comparing them shall seal and mark such weights and measures.
Sec. 11. It shall be the duty of the County Sealers of weights and Copy standards measures to compare the copies in their possession, once in every with originals. ten years, with those existing in the office of the State Sealer; and Penalty for
neglecting to every County Sealer who neglects to have the copies in his possess- compare. ion compared as aforesaid, shall pay into the County Treasury one hundred dollars for county purposes. Whenever any County Scaler fails for one month to pay the aforesaid sum, it shall be the duty of the County Attorney to commence suit therefor, in the name of the county, before any Justice of the Peace of the county; and when collected, the same shall be paid into the County Treasury for the uses aforesaid.
Sec. 12. Each County Sealer shall be entitled to receive for his Feos of county services at and after the following rates: For sealing and marking every beam, one dollar; for sealing and marking measures of extension, at the rate of fifty cents per yard, not to exceed two dollars for any one measure; for sealing and marking every weight, twenty-five cents; for sealing and marking liquid and dry measures, if the same be of the capacity of a gallon or more, fifty cents; of less than a gallon, twenty-five cents; they shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this act.
Sec. 13. If any person or persons shall hereafter use any weights, Panalty for using measures, or beams in weighing or measuring, which shall not be conformable to conformable to the standards of this state established by this act, whereby any purchaser of any commodity or article of trade or traffic shall be injured or defrauded, such purchaser may maintain an action on the case against the offender; and if judgment shall be rendered for the plaintiff, he shall recover five times the damages, with costs of suit.
Sec. 14. The Secretary of State shall be ex officio State Sealer of Sccretary of State weights and measures, and the Clerks of the County Court shall be sealer. County Sealers of weights and measures for their soveral counties.
Sec. 15. This act to take effect three months after its passage.
ex officio state
Commencement of act,