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underwriters residing abroad, when required by any party having an interest in the same, or for account of whom it may concern, or upon which claims are to be made against underwriters residing abroad, shall be sold under the inspection of the Wardens of the port, or one of them, where such sale shall be made. And it shall be the duty of the Wardens to see that sound goods are separated from those damaged, and to certify specially the nature, and, as far as can be done, the extent of such damage: Provided, that nothing !.it. shall be construed in this act to give authority to Port Wardens to sell or dispose of any property that may have been surveyed by them, without the consent of the owner or agent of the same. Nor when the settlement of losses has been agreed upon in writing, by the parties interested, and a copy thereof given to the Wardens. Sec. 8. In case sales shall be made at auction, under the direction Notice of sales of the Port Wardens, they shall give or cause to be given at least to be advertised. three days notice of the same by publication in some newspaper published in the county where the survey is made, describing the articles to be sold; and if merchandise, the vessel by which imported; and if a wrecked or damaged vessel, or materials of the same, the name of the vessel and where from. If no newspaper is published in the place where the sale is made, then a written notice of such sale shall be posted up in the vicinity. Sec. 9. Port Wardens shall, neither directly nor indirectly, have wardens to have any connexion with insurers of this state, or of any other of the ..." states, or of foreign countries, or with the agents or representatives of such insurers, so far as their duties as Port Wardens are concerned. They shall not in any manner be interested, directly or indirectly, in any repairs they may recommend, nor in any vessel, cargo, or portion of cargo, they may be required to survey. The penalty for violation of this provision shall be deemed and punished as a misde. " In eanor. Sec. 10. For each and every survey, the Port Wardens shall be fees. entitled to fifteen dollars, which shall be paid by the owners, masters, or consignees, the amount not to exceed, altogether, for any one vessel, the sum of seventy-five dollars. Foreign vessels not admitted Foreign vessels. by treaty on terms of equality with American bottoms, shall pay fifty per cent. advance on this rate. For all separate certificates of surveys required by different consignees, they shall be entitled to a fee of two dollars and a half, and for each order of sale they shall be allowed ten dollars. SEc. 11. It shall be unlawful for any person or persons other than wardens alone
to perform duti Port Wardens, appointed according to law, to perform any of the o”
Penalty for violation.
Provisions to apply to each Port Warden of the state.
Former acts repealed.
Foreigners to procure license.
State Comptroller to obtain blank licenses.
To keep record, etc.
duties prescribed in this act; and any person or persons who shall violate the provisions of this section, shall be liable to a penalty of not less than five hundred dollars, nor more than one thousand dollars, for each offence, to be recovered in any Court of competent jurisdiction, by the Board of Port Wardens, in the name of the People of the state of California. The amount of the recovery to be paid to the officer duly authorized to receive moneys for the Marine Hospital, for the benefit of such hospital.
Sec. 12. The duties, requirements, provisions and fees applicable, in this act, to the Board of Port Wardens of San Francisco, shall be applicable, in all respects, to each of the Port Wardens of such other ports as Wardens may be appointed for. And such penalties as may be recovered, under this act, in such other ports, shall be paid into the funds belonging to any hospital which may be established in such port; and if there be no hospital in such port, then such penalties shall be paid as provided in the eleventh section of this act.
Sec. 13. All acts heretofore passed relative to Port Wardens are hereby repealed.
AN ACT to provide for the Protection of Foreigners, and to define their Liabilities and Privileges. (1) [Passed March 30, 1853.]
The People of the State of California, represented in Senate and
SECTION 1. That from and after the passage of this act, no person, not being a citizen of the United States, (California Indians excepted,) shall be allowed to take gold from the mines of this state, unless he shall have a license therefor, as hereafter provided.
SEC. 2. It shall be the duty of the Comptroller of State to procure a sufficient number of blank licenses, which shall be substantially in the following form and numbered consecutively, and a record thereof be filed in his office. He shall deliver said licenses to the
(1) See Cal. Sup. Court Rep., vol. 1, p. 232. Held, that the legislature may prohibit foreigners from working the gold mines, except on condition of paying so much a month for the privilege. Neither repugnant to the Constitution of this State, of the U. S., nor with treaties with foreign powers.
Treasurer of State, and take his receipt for the same, upon the books of his office:
FORM OF LICENSE. Forum.
No. — County, (date.) This certifies that . - has this day paid the Sheriff of has paid four dollars . . . County, four dollars, which ining license, which entitles him to work in the mines of ntitles him to work in . • mines one month. this state for one month from date.
Comptroller of State.
Every subsequent license after the first, shall be dated from the Date of license. expiration of the former license issued by the Sheriff or his deputy to any foreign miner who shall have been engaged in mining, from the expiration of such former license. Sec. 3. (1) The Sheriff of each county shall be the Collector of .** License Tax, under the provisions of this act, who, before entering upon the duties herein provided for, shall enter into bond to the Bond. state, with two or more sureties, to be approved by the Board of Supervisors, if any such Board exists in his county; if there be no such Board, then by the County Judge, in the sum of fifteen thousand dollars, conditioned for the saithful performance of the duties required of him by this act, which bond shall be filed in the office of the Clerk of said county. SEc. 4. The Treasurer of State shall fill the blanks for the num- Duty of Treasurbers and counties which have been left in the printed form, and shall" of State. be liable on his bond for all licenses delivered to him by the Comptroller, except for such as he may have issued to the Recorders of counties, under the provisions of the following section. Sec. 5. The Treasurer of State shall issue, as soon as practicable, took to the Recorder of each mining county, and thereafter previous to licenses. the fifteenth of December of each year, such number of licenses as may be deemed sufficient for the use of said county, taking a receipt “y” therefor, which receipt shall be recorded by the Treasurer, in a book to be provided for that purpose, and shall stand as a charge against said Recorder; and said Recorder shall execute a bond to the state, con- Bond. ditioned for the faithful performance of all the duties required of him by this act, in the sum of ten thousand dollars; said bond to be approved by the Governor and Comptroller.
(1) See Stat. 1851, p. 190.
Amount of license.
Duty of County
Returns to be made monthly.
Duty of County
SEc. 6. The amount to be paid for each license shall be at the rate of four dollars per month, and said license shall in no case be transferable.
SEC. 7. The Recorder shall deliver to the Sheriff of his county such number of licenses as said Sheriff may require, charging him therewith, and taking his receipt therefor. The Sheriff shall make monthly returns to the Recorder of his county, of the number of licenses issued, and to whom, and the amount of money received. The first returns shall be made to the Recorder on the first Monday of May next, and thereafter, a return shall be made on the first Monday of each succeeding month as herein specified.
Sec. 8. It is hereby made the duty of the Treasurer of each county to which licenses have been issued, to report to the Treasurer of State on the first Monday of August next, and on the first Monday of every third month thereafter, the amount of money received by him on atcount of foreign miners' licenses.
Appropriation of SEc. 9. Fifty per cent. of the net proceeds of all moneys collected
Revenue under the act.
Powers of Collectors to enforce the payment of licenses,
Term “foreigners” defined.
under the provisions of this act, shall be paid into the State Treasury, and shall constitute a part of the general fund; the remaining fifty per cent of the net proceeds shall be paid into the general fund of the county; and it shall be the duty of the Sheriff to pay over to the County Treasurer, monthly, the amounts specified in this section.
Sec. 10. The Collector may seize the property of any person lia. ble to, and refusing to pay such tax, and sell at public auction on one hour's notice, by proclamation, and transfer the title thereof to the person paying the highest price therefor, and after deducting the tax and necessary expenses incurred by reason of such refusal and sale of property, the Collector shall return the surplus of the proceeds of the sale, if any, to the person or persons whose property was sold: Provided, that should any person liable to pay such tax in any county of this state, escape into any other county with intent to evade the payment of such tax, then and in that event it shall be lawful for the Collector to pursue such person, and enforce the payment of such tax in the same manner as if no such escape had been made. Any foreigner representing himself to be a citizen of the United States, shall, in the absence of his certificate to that effect, satisfy the Collector of the correctness of his statement by affidavit, or otherwise, and that the Collector be and is empowered to administer such oath or affirmation. All foreigners residing in the mining districts of this state shall be considered miners under the provisions of this act, unless they are directly engaged in some other lawful business avocation.
Sec. 11. Immediately preceding the time provided by law for Returns for final the final settlement of the County Treasurer with the Treasurer of 3.o. State, it shall be the duty of each Recorder to whom licenses have been issued, to report to the Comptroller of State the number of licenses on hand in his office, as also the number in the hands of the Sheriff, who is hereby required to report to said Recorder the number of licenses not disposed of, for which he has receipted to the said Recorder.
Sec. 12. The Treasurer and Comptroller of State shall, as soon o, as practicable, compare the returns of the Sheriff with the reports of examine returns. the County Recorder, and if there shall be any discrepancy in the Discrepancies. statements, it shall be the duty of the Comptroller to immediately inform the prosecuting Attorney of the county in which such delin- out, quent resides, who shall commence suit against such delinquent and his sureties forthwith. (1)
Sec. 13. Any Sheriff or his deputy who shall neglect or refuse to on. pay over the money collected by him or them, under the provisions ... olotins of this act, or shall appropriate any part thereof to his or their use, other than the per centage they are entitled to retain by the provisions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by imprisonment in the State Prison any time not less than one year, nor more than ten years.
Sec. 14. Any officer charged with the collection of the tax pro-False receipts. vided to be collected by this act, who shall give any receipt other than the receipt prescribed in this act, or receive money for such license without giving the necessary receipt, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding six months.
Sec. 15. It shall be the duty of the different Sheriffs to return all ... unsold licenses to the County Recorder prior to the fifteenth day of December of each year, and receive new licenses, and the County Recorders shall immediately transmit to the Comptroller of State said licenses, who shall deliver them to the Treasurer of State. Such licenses so returned shall be placed to the credit of the different County Recorders on the books of the Treasurer, and the licenses destroyed in the presence of the Comptroller of State, who shall also make a record of the same.
Sec. 16. Any person who shall make any alteration, or cause the ...
- - - - alteration of same to be made, in any license, shall be deemed guilty of a misde-license.
(1) See Stat. 1851, page 187.