Page images
PDF
EPUB

under a general or special authority, shall bind such person, and shall have the same effect and be negotiable as above provided. SEc. 3. The word “person,” in the two last preceding sections, Person defined. shall be construed to extend to every corporation capable by law of making contracts. Sec. 4. The payees and endorsees of every such note, payable to Actions by payees them or their order, and the holders of every such note payable to and endorsees. bearer, may maintain actions for the sums of money therein mentioned, against the makers and endorsers of the same respectively, in like manner as in cases of inland bills of exchange, and not otherwise. Sec. 5. Such notes, made payable to the maker thereof, or to the Notes payable to order of a fictitious person, shall, if negotiated by the maker, have olor the same effect and be of the same validity as against the maker, and " all persons having knowledge of the facts, as if payable to the bearer. Sec. 6. No person within this state shall be charged as an acceptor §o on a bill of exchange, unless his acceptance shall be in writing, signed by himself or his lawful agent. - SEc. 7. If such acceptance be written on a paper other than the bill, *::::::::: a it shall not bind the acceptor, except in favor of a person to whom such acceptance shall have been shown, and who, on the faith thereof shall have received the bill for a valuable consideration. Sec. 8. An unconditional promise, in writing, to accept a bill be- Unconditional - - - - promise to accept. fore it is drawn, shall be deemed an actual acceptance in favor of every person who, upon the faith thereof, shall have received the bill for a valuable consideration. Sec. 9. Every holder of a bill, presenting the same for acceptance, what to be deem. may require that the acceptance be written on the bill; a refusal too."" comply with such request shall be deemed a refusal to accept, and the bill may be protested for non-acceptance. Sec. 10. The last four sections shall not be construed to impair sections 6, 7, 8 - - - and 9 not to apply the right of any person to whom a promise to accept a bill may have to coin". been made, and who, on the faith of such promise, shall have drawn or negotiated the bill, to recover damages of the party making such Promise, on his refusal to accept such bill. Sec. 11. Every person upon whom a bill of exchange is drawn, Destroying bill to and to whom the same is delivered for acceptance, who shall destroy too such bill, or refuse, within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill, accepted or non-accepted, to the holder, shall be deemed to have accepted the same.

[ocr errors]

... Sec. 12. The rate of damages to be allowed and paid upon the usual protest for non-payment of bills of exchange, drawn or negotiated within this state, shall be as follows: 1st, If such bill shall have been drawn upon any person or persons in any of the United States, east of the Rocky Mountains, fifteen dollars upon the hundred upon the principal sum specified in such bill; 2d, If such bill shall have been drawn upon any person or persons in any port or place in Europe or in any foreign country, twenty dollars upon the hundred upon the principal sum specified in such bill.

ow Sec. 13. Such damages shall be in lieu of interest, charges of

interest, etc. protest, and all other charges incurred previous to, and at the time of giving notice of non-payment; but the holder of such bill shall be entitled to demand and recover lawful interest upon the aggregate amount of the principal sum specified in such bill, and of the damages thereon, from the time at which notice of protest for non-payment shall have been given, and payment of such principal sum shall have been demanded.

ol.” Sec. 14. If the contents of such bill be expressed in money of account of the United States, the amount due thereon, and of the damages herein allowed for the non-payment thereof, shall be ascertained and determined without any reference to the rate of exchange existing between this state, and the place on which such bill shall have been drawn, at the time of the demand of payment, or of notice, of non-payment.

Ditto. SEc. 15. If the contents of such bill be expressed in the money of account, or currency of any foreign country, then the amount due, exclusive of the damages payable thereon, shall be ascertained and determined by the rate of exchange, or the value of such foreign currency at the time of the demand of payment.

Damages on SEc. 16. Where a bill of exchange shall be protested for non-ac

Howe. ceptance, the same rate of damages shall be allowed on the protest for non-acceptance, as provided in the last four sections, and shall be in lieu of interest, charges of protest, and all other charges incurred previous to, and at the time of giving notice of non-acceptance; but the holder shall be entitled to recover interest upon the aggregate amount of the principal sum specified in the bill, and of the damages thereon, from the time at which notice of protest for non-acceptance shall have been given.

..". Sec. 17. The damages allowed by this act shall be recovered only

on's by the holder of a bill, who shall have purchased the same, or some interest therein, for a valuable consideration.

SEc. 18. In all cases where a notice of non-acceptance of a bill io: of exchange, or non-payment of a bill of exchange, promissory note, or other negotiable instrument, may be given, by sending the same by mail, it shall be sufficient if such notice be directed to the city or town where the person sought to be charged by such notice resides at the time of drawing, making, or endorsing such bill of exchange, promissory note, or other negotiable instrument, unless such person, at the time of affixing his signature to such bill, note, or negotiable instrument, shall, in addition thereto, specify thereon the post office to which he may require the notice to be addressed.

Sec. 19. Nothing in this act shall apply to bills of exchange, pro- Bills and notes missory notes, or other negotiable instruments, made or drawn before heretofore made. this act takes effect.

CHAPTER XXVIII.

AN ACT concerning Volunteer or Independent Companies. (1)–
[Passed April 4th, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

Srr- - - - Books may be Section 1. Whenever a sufficient number, by the provisions of .o.

this act, of the citizens of any one county of this state, subject to . military duty, shall wish to form themselves into a volunteer or volunteers. independent company, it shall be the duty of the Judge of the County Court of such county to cause some suitable person, residing in such county, to open a book, in which he shall enter the names of all persons able to perform military duty, who may make application to become members of such company; and it shall be the duty of the ....: person so appointed, to give notice, by publication in some newspaper, or by posting up such notice in at least three of the most public places in such county, of the time and place such book shall be opened to receive the names of volunteers. Sec. 2. As soon as such book shall be opened for volunteers, and when sumcient the number in this act required, subject to military duty, shall have !". volunteered, the person so appointed shall fix a time and place for ***

the meeting of the same, by giving at least ten days notice thereof,

(1) Stat. 1852, page 96, Sec. 4, 5, 14, 16 and 21.

by publication in some newspaper, or by posting up written notices
in at least three of the most public places in such county; and it
shall be his duty to attend at such meeting, and present the book
aforesaid, containing the names of the volunteers.

Meeting to be SEC. 3. It shall be the duty of the person so appointed, to attend

organized, and - -

*::::- and act as chairman of such meeting, and to organize the same. He shall call the name of each volunteer written in said book, and when all the members of said company are present, he shall give notice, by proclamation, that said company will forthwith proceed to an election of officers.

Commissioned SEC. 4. The members of the company so volunteering, shall then

and non-comm - - - - -

or * proceed to the choice of their commissioned and non-commissioned officers, and it shall be the duty of the person so appointed to take in writing the names of all persons nominated for election, and in connection with any other two or more persons determined on by a majority of said company, to receive, and after all the members of the company present have voted, to carefully count and add up the votes cast, and make proclamation of the names and rank of the persons

Fo * elected. In the choice of officers, the election shall be by ballot.

Musicians to be Sec. 5. Commanding officers of companies may appoint the musi

appointed. cians for their respective companies, under the provisions of this act. ‘....". Sec. 6. It shall be the duty of the person so appointed, after such

.." election shall have been determined, to make out in writing and sign
officers. a certificate of election of each of the officers so elected, which cer-
For tificate he shall deliver to the respective officers of the company. He
State. shall also, within the next ten days, make out a return, stating the time
of the formation and organization of such company, its name and nu-
merical strength of rank and file, and the names of its commissioned
and non-commissioned officers, and forthwith forward the same to the
Adjutant General of this state.
Homo, Sec. 7. The volunteer or independent companies shall be armed
to be armed and - - - - -
equipped, and of and equipped in the same manner that similar corps are in the army
what to consist. - - -
of the United States, and shall consist of the following officers, non-
commissioned officers, musicians, and privates, to wit: To each com:
pany of cavalry there shall be one captain, one first and two second
lieutenants, four sergeants, four corporals, one saddler, one farrier, one
trumpeter, and not less than forty nor more than eighty privates. To
all other volunteer or independent companies there shall be one cap"
tain, one first and two second lieutenants, four sergeants, four corp"
rals, one drummer, one fifer, and not less than fifty nor more than One

hundred privates.

[ocr errors]

Sec. 8. Every volunteer or independent company may adopt a con- o,i. stitution and form by-laws, rules, and regulations, not inconsistent too." with the constitution of the United States, or of this state, for the "" government and improvement of its members in military science, and when approved by two-thirds of all the members belonging to any such company, shall be binding, but may be altered from time to time, as may become necessary.

Sec. 9. It shall be the duty of the acting orderly sergeant of the E. too company, to keep a perfect and complete record of the constitution, etc., to to kept. by-laws, rules and regulations of said company, which shall be signed by the captain of the company, and countersigned by the acting orderly sergeant, and said record shall at all times be subject to the inspection of any member of the company, and all military officers, and any person interested therein.

SEc. 10. Said constitution, by-laws, rules, and regulations may fix Constitution may

- - fix fines, etc.

the fines and penalties which shall be imposed on any member of the company for an infraction of any of the provisions thereof, and may also fix the fines which shall be imposed on any member for a failure to parade at any muster which may be called, in accordance with the constitution, by-laws, rules, and regulations of the company.

Sec. 11. When any member of the company shall have been guilty Recovery of fines. of a violation of the provisions of the constitution, by-laws, rules, and regulations of the company, and a fine shall have been assessed upon him in accordance therewith, it shall be the duty of the acting orderly sergeant of the company, or in case he is interested, then of the next sergeant of the company, to demand of such member such fine, and in case of his refusal to pay the same, it shall be lawful to bring a suit therefor, in the name of the company, before any Justice of the Peace of the county, subject to an appeal to the District Court, as in other cases: Provided, however, that when such suit shall be brought, security for cost shall be given, by some responsible person or persons, in case such suit shall be determined against said company.

Sec. 12. It shall be sufficient evidence, that the constitution, by- #on. laws, rules, and regulations have been regularly adopted, if they are stitution, etc. signed by the actual captain, and countersigned by the acting orderly sergeant of the company, and any member of the company may be a Member of witness, unless otherwise disqualified, in all cases brought under the ..."...” provisions of this act.

Sec. 13. All fines collected shall be received by the acting orderly Amonot sergeant, or acting captain of the company, and shall be used for the benefit, and under the direction of the company.

« PreviousContinue »