Page images
PDF
EPUB

Penalty for perjury.

In exposing property for payment of taxes.

Term property defined.

Deed to be executed.

Rights of purchasers.

Rights of minors under the act.

House, shall be empowered to administer oaths or affirmations to witnesses in any case under their examination; and any person who shall be guilty of perjury before any of said committees shall be liable to the pains, penalties and disabilities prescribed for the punishment of wilful and corrupt perjury.

CHAPTER LV.

AN ACT explanatory of the duties of Sheriffs and rights of Redemptioners under the thirty-seventh section of the “Act to provide for the levying, assessing and collecting Public Revenue,” passed April twenty-third, one thousand eight hundred and fifty-two.— [Passed January 22, 1853.]

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

SECTION 1. In exposing real or personal property as described in this act, it shall be the duty of the Sheriff, or other officer, to sell only so much thereof, or interest therein, as will be sufficient to pay the amount of the tax levied thereon, or for which the same shall be liable, together with such costs and charges as are or may be allowed by law. (1) Sec. 2. The real or personal property embraced in the provisions of this act shall be the following: — First. Real estate. Second. Buildings or other improvements on public or private lands within this state. Third. Shares, stock, or interest invested or owned in any company or association, private or incorporated. Fourth. Mining interests or claims. Sec. 3. The Sheriff, or other officer, selling any of the before described real or personal property, or estate, for taxes, shall immediately thereafter execute to the purchaser a certificate and deed thereof in the manner provided by law, on the sale of real estate under execution, and the purchaser thereof shall be vested with the same rights in reference thereto, as appertain to purchasers from sales of real estate under execution. SEC. 4. Any real estate so sold for taxes, which is, at the time of such sale, the property of, or in which minor heirs may be interested,

(1) See Statute 1852, page 26.

shall be subject to redemption any time within one year after such minor heirs shall have attained the age of majority, by such minor heirs or their legal representatives, on the payment as herein provided of the amount of the taxes, costs and charges thereon.

CHAPTER LVI.

AN ACT to attach Signor, or Mare Island, to Solano County.—
[Passed January 27, 1853.]

The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. That the Island called Signor, or Mare Island, shall o be attached to and form a part of the territory of Solano County, and the jurisdiction of the legal authorities of said county shall be exercised over said island from and after the passage of this act.

CHAPTER LVII.

AN ACT to precent the establishment of Pest Houses within the limits of any town or city in this state.—[Passed March 10, 1853.]

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

SECTION 1. That two months after the passage of this act, it shall of be unlawful for any person or persons to establish or to continue to prohibited. occupy any house used, at, before, or after, the passage of this act, within the limits of any town, city or village in this state, as a hospital for persons who may be affected with any contagious or infectious diseases.

SEc. 2. That any person or persons, or any board of trustees of penalty for any hospital, or any person having the management of, or who may "“” be connected with, any hospital, who shall violate any portion of this act, shall be subject to a fine of one thousand dollars; which shall, when collected, constitute a part of the “Hospital Fund,” and be placed in the State Treasury: Provided, the provisions of this act shall not Proviso. apply to any pest house, the location of which may be authorized by order of the Court of Sessions of the county in which the same shall

be located.

CHAPTER LVIII.
AN ACT concerning Repealed Statutes.—[Passed March 14, 1853.)

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

Reviving SECTION 1. No act or part of an act repealed by another act of the

repealed acts. legislature shall be deemed to be revived by the repeal of the repeal ing act, without express words reviving such repealed act or part of an act.

CHAPTER LIX.

AN ACT to prevent Extortion in Office and to enforce Official Duty,
—[Passed March 14, 1853.]

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

Penalty for SECTION 1. That any person now holding or who may hereafter hold violation of act. any office in this state, who shall, either himself or by his deputy, or clerk, charge and collect other or larger fees for services rendered or to be rendered in his office, than such fees as are now, or which may hereafter be, authorized by law, may be deprived of office as in this

act provided.

:::::::: Sec. 2. If any person now holding or who shall hereafter hold any *::::" office in this state, who shall refuse or neglect to perform any official

act, in manner and form as now prescribed, or as may hereafter be prescribed by law, shall in like manner be deprived of office.

*...* SEc. 3. The District Courts shall have jurisdiction of all cases arising under this act. Proceedings Sec. 4. Whenever any complaint in writing, duly verified by the

under the act.

oath of any complainant, shall be presented to the District Court, alleg: ing that any officer within the jurisdiction of said court has been guilty of charging and collecting illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office, as prescribed by law, it shall be the duty of said court to cite the party charged, to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented, and on that day or some other subsequent day, not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered in support of the same, and the answer and evidence offered by the party complained of; and if on such hearing it shall appear that the charge or charges of said complaint are sustained, the court shall enter a decree Decree of Court. that said party complained of shall be deprived of his office, and shall enter a judgment for five hundred dollars in favor of the complainant, and such costs as are allowed in civil cases. Sec. 5. It shall be the duty of the clerk of the court in which pro- §§§. ceedings are had, to transmit within three days thereafter to the to the Governor. Governor of the State a copy of any decree declaring any officer deprived of office under this act; and it shall be the duty of the Gov- $o to fill ernor to appoint some person to fill said office until a successor shall be elected, or appointed and qualified; and it shall be the duty of the person so appointed, to give such bond and security as are prescribed by law, and pertaining to such office. Sec. 6. The rules of practice governing the District Courts in civil Rules of court. cases shall be in force in all proceedings under this act, so far as the same are applicable to the case, and not inconsistent with this act; either party may appeal as in other cases to the Supreme Court; but #. such appeal shall not authorize the officer, or person appealing, to hold the office during the pendency of such appeal.

CHAPTER LX.

AN ACT relative to Port Wardens in San Francisco and Sacramento, and other Ports of California.-[Passed March 19, 1853.]

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

Section 1. There shall be four Port Wardens for the Port and Norror Harbor of San Francisco, one for Sacramento City, and one for each and every other port of entry within this state, who shall be ap-How appointed. pointed by the Governor, with the advice and consent of the Senate, and shall hold office until their successors are appointed and qualified. Before entering upon the duties of their office, they shall take oath, before some person authorized by law to administer oaths, for the faithful performance of their duties.

Qualifications.

Duty of
Port Wardens.

Survey of vessels.

Record of proceedings.

Copies of surveys.

Form of surveys.

May obtain assistance in completing surveys.

Without additional charge.

Sales of damaged property.

Sec. 2. Of the Wardens appointed in San Francisco, two or more shall be master mariners. They shall act in concert in the discharge of their duties, and shall be known as the Board of Port Wardens for the Port of San Francisco. Sec. 3. It shall be the duty of the Port Wardens, when required by any person or persons interested in either vessel or cargo, to survey any and all vessels arriving in distress, or that have sustained damage or injury at sea, whether of sails, rigging, spars, or other damage caused by stress of weather at sea, or through stranding, collision, or other accident; to survey the cargo in whole or in part laden on board such vessel; and also to survey the hatches, stowage and cargo of all vessels laden with general or assorted merchandise, belonging to or consigned to various parties. SEC. 4. They shall keep a record, in a book provided for such purpose, of all surveys, which shall be signed by the Warden making the survey, which shall at all times be open for inspection by any person or persons interested in the vessel or cargo surveyed, and all persons requiring it, shall be furnished with certified copies of the same, under the hand of one of the Wardens and seal of the Board. SEC. 5. In all surveys made by them, they shall set forth clearly and fully the nature of the damage; if of merchandise, whether from actual contact with sea water, or through the excess of water in the hold of the vessel, or from the humidity or sweat of the hold, bad stowage, or from such other cause or causes as in their judgment the damage has been occasioned by. If the survey be of a damaged vessel they shall give a full account of all the loss and injury which she has sustained, and recommend the repairs. They shall state the value of the vessel in her damaged condition, and also the value of the repairs recommended necessary to be made upon her, setting forth what parts are to be supplied with new, and what part put in repair. SEc. 6. Whenever the Port Wardens shall deem it necessary, they shall call to their assistance, on a survey, a ship carpenter, rigger, sail-maker, or other person practically acquainted with the merchandise to be surveyed, or parts of the vessel to be repaired, who shall be sworn to examine properly, and to render with the Wardens a correct and faithful report of survey: Provided, that no additional charge shall be made therefor: and Provided, there be no additional charge to the vessel, unless their survey be required by the owner or agent of the vessel. Sec. 7. All wrecked or damaged vessels, or materials from the same, and all merchandise sold at public auction for account of

« PreviousContinue »