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foreigners liable for license tax.
Fees of Sheriffs.
meanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and imprisonment in the State Prison not ex
ceeding six months. Employers of Sec. 17. Any person or company hiring foreigners to work in the
mines of this state, shall be liable for the amount of the licenses for
each person so employed. Sheriff may Sec. 18. The Sheriff shall have power, and it is hereby made his appoint deputy
duty to appoint a sufficient number of deputy collectors to assist him in the collection of the tax provided to be collected by this act, said deputy collectors to be paid not less than fifteen (15) per cent. on all sums collected by them; and the Sheriff shall be responsible for the acts of said deputy collectors, and may require from them such bond and surety as he may deem proper for his own indemnification, and for such service he shall be entitled to receive three per cent. on all sums collected by them. Should the Board of Supervisors, or in the event of there being no such Board, then the County Judge, deem the per centage to be paid to deputy collectors by the provisions of
this section to be insufficient, an order may be entered by the Board Additional Fees. of Supervisors or the County Judge providing that an additional sum
shall be paid such deputy collector, not to exceed in all twenty-five Fees of County per cent. to be paid as herein provided. The County Recorder of
each county shall receive three per cent. on all sums collected under
the provisions of this act. Gold dust, and Sec. 19. That the Sheriff be required to receive good clean gold
dust when tendered at seventeen dollars per ounce in payment for licenses, and be required to pay the same into the Treasury at the same rate.
Sec. 20. That the act entitled "An Act to provide for the protection of foreigners, and to define their liabilities and privileges," approved May fourth, one thousand eight hundred and fifty-two, and all laws or parts of laws conflicting with the provisions of this act be and the same are hereby repealed.
Former act repealed.
AN ACT to provide for the Redemption of Comptroller's Warrants
drawn payable out of the General Fund. [Passed April 1, 1853.] The People of the State of California, represented in Senate and
Assembly, do enact as follows:
Section 1. Comptroller's Warrants drawn payable out of the General Fund issued for any indebtedness accruing after the first day of
Warrants to be received
For taxes, etc., for 1853.
January, A. D. one thousand eight hundred and fifty-three, shall be for state
First. Excepting the interest tax for the funded debt of the years Except for one thousand eight hundred and fifty-one, and one thousand eight hundred and fifty-two, which shall be collected as provided by existing laws.
Second. Excepting the revenues accruing under an act entitled For passenger " An Act concerning passengers arriving in the ports of the State of California."
Third. Excepting the taxes and assessments on all real and personal property assessed for the fiscal year ending June, one thousand eight hundred and fifty-three.
Sec. 2. When any payment of taxes is made to the Sheriff or other duties of officer charged with the collection of revenue, it shall be his duty to specify, in his receipt for the same, whether said payment was made in money, gold dust, three per cent. bonds, or in the Comptroller's warrants made receivable for taxes by this act, and a list or memorandum of each and every payment, precisely corresponding with the receipt, shall be kept by him; which list or memorandum, verified by his affidavit, shall be filed in the office of the County Treasurer, or in that of the State Treasurer, as the case may be, in his respective settlements with such officers.
Sec. 3. Any Sheriff or County Treasurer, or other officer, empow- Of collecting ered to collect taxes under any act now existing, or which may
hereafter exist in this state, shall pay into the County or State Treasury, as the case may be, the precise money, gold dust, bonds, or Comptroller's warrants which he may receive, and a County Treasurer, or other officer aforesaid, convicted, in a court of competent jurisdiction, of changing in any way, or using in any manner, the funds collected under the provisions of this act, other than to pay them over to such uses as are required by law, shall be deemed guilty of a misdemeanor, and fined in any sum not less than double the amount of the funds so Penalty for used, and shall be imprisoned in the County Jail for a term not exceeding six months.
Sec. 4. A copy of the verified list or memorandum, with affidavit Copy of verified attached, as required by section two of this act, to be deposited with deposited with the County Treasurer, shall be delivered to the Comptroller of state, Treasurer. and the settlement of the County Treasurer with the Comptroller of state shall accord therewith.
Sec. 5. The Comptroller of state is hereby directed to distribute Copies of this copy of this act to every officer in this state charged with the col- distributed. lection of revenue.
AN ACT to enforce the Payment of Licenses in this State.
[Passed April 1, 1853.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
Who are liable under this act.
Section 1. Any person or persons who shall vend, by wholesale or retail, any spirituous, or malt, or vinous liquors, or any goods, wares, or merchandise, within any county in this state, without first obtain
ing a license so to do, as required by law, shall be deemed guilty of Penalty for a misdemeanor, and upon conviction thereof, in any court of compeviolation.
tent jurisdiction, be fined in a sum of not less than twenty-five nor more than two hundred dollars for each and
offence. Jurisdiction of
Sec. 2. The Recorder's Court of any city and any Justice of the Justices' Courts. Peace of the county in which such offence is charged to have been
committed, shall have jurisdiction to try and determine the same.
Sec. 3. Upon the trial of any criminal action provided for by this act, the defendant shall be deemed not to have procured any
such license, unless he prove the contrary to the satisfaction of the Appropriation
court or jury by whom the same is tried. All fines collected under this act, shall be paid into the Treasury of the county in which con viction is had.
Proof of violation of act.
AN ACT concerning Passengers arriving in Ports of the State of
California.—[Passed May 3, 1852.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Duty of masters and commanders of vessels.
Section 1. (1) It shall be the duty of the master or commander of any vessel arriving at the port of San Francisco from any port out of the state of California, to appear at the office of the Commissioner of Emigrants, within twenty-four hours after his arrival, and testify
(1) This section inserted as amended, from Stat. 1853, page 71.
as to his having brought any passengers. Within twenty-four hours after the landing of any passengers from any vessel arriving at any of the ports of this state from any of the United States, other than this state, or from any country out of the United States, the master or commander of the vessel from which such passenger or passengers shall have been landed, shall make a report in writing, on oath or affirmation, to the Commissioner of Emigrants at San Francisco, and Report. in other ports of the state to the Mayor or chief municipal officer, which report shall state the name, place of birth, time and place of naturalization, last residence, age and occupation of every person or Contents and passenger who shall have landed from such vessel in her last voyage to such port, not being a citizen of the United States, and who shall have, within the last preceding twelve months, arrived from any country out of the United States, at any place within the United States, and who shall not have been bonded, or who have paid the commutation money, according to the provisions of this act or any former act. The said report shall contain a like statement of all such persons or passengers as shall have been landed or been suffered to land from any such vessel at any place during her said last royage, or who shall have gone on board of any vessel with the intention of coming into this state. The said report shall further specify if either or any of said passengers or persons so reported are lunatic, idiot, deaf, dumb, blind, crippled, or infirm; and if so, whether they are accompanied by any relatives likely to be able to support them. It shall also state particularly the names, last place of residence, and ages of all passengers who may have died during the said
of such vessel, also the names and residence of the owner or owners of such vessel. It shall also specify whether any
of said passengers are persons convicted of any infamous crime, or of a felony, so far as the same may be within the knowledge of said master or commander. Such master or commander is further required to Oaths shall be administer to any passenger of foreign birth who shall declare himself a citizen of the United States the following oath or affirmation as to the time and place of his naturalization, and the name of each party so sworn shall be stated in the passenger list of said vessel : I,
do solemnly swear (or affirm) that I was Form. born in
; that I am a naturalized citizen of the United States; that I was naturalized and received my certificate of naturalization in the state of In case any such master or commander shall omit or neglect to Penalty for
neglect of duty report, as aforesaid, any such person or passenger, with the particulars aforesaid, or shall make any false report or statement in respect
in the year
to any persons or passengers, or in respect to the owner or owners of any such vessel, or in respect to all or any of the particulars hereinbefore specified, such master or commander shall forfeit the sum of two hundred dollars for every such passenger, in regard to whom any such omission or neglect shall have occurred, or such false report or statement shall be made, and also for every neglect, omission, or false report made by him, as to the owner or owners of such vessel. If any master or commander shall neglect or refuse to make report to said commissioner, as provided for in this act, within the time therein specified, such master or commander shall be held guilty of a misdemeanor, and upon complaint before the Recorder of San Francisco, or any Justice of the Peace of said county, be fined not less than fifty dollars nor more than two hundred dollars for every such neglect. For the payment of the fines and penalties incurred in this act, the master or commander, consignee or consignees, owner or
owners of every such vessel shall be liable; jointly and severally. Duty of the Sec. 2. It shall be the duty of the Mayor, as aforesaid, by an Mayor to require
endorsement to be made on said report, to require the owner or con-
may be by them or any of them necessarily incurred for the relief, support or medical care of the persons named in the bond, within two years from the date of such bond. Each and every bond shall be secured by two or more sufficient sureties, residents of the state, each of whom shall prove, by oath or otherwise endorsed in writing, on such bond, that he is a freeholder and resident of the state, and is worth the sum of one thousand dollars in real estate, over and above all his debts and responsibilities, and any responsibilities actual or contingent, which may accrue from or under any former bond, given under the provisions of this act. Such bond may, at the option of the party, be secured by the mortgage of real estate, or by the pledge and transfer of the stock of the United States, or of the funded debt, or Comptroller's warrants of this state in any amount sufficient to secure said bond. Such bonds and securities, in all cases, to be approved by the Mayor, in writing endorsed upon the bond, or securities, after sufficient inquiry, on his part, into the same.
Sec. 3. Within three days after the landing of such persons or
Authority to commute.