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counterbrand.

etc., to be

terbrand (venta) different from the marks, brands, and counterbrands brand, and
of his neighbors; as far as practicable shall be different from any
other in the state, and this mark different from any other in the
county, provided that nothing in this section shall apply to such brands
or marks as are now recorded in accordance with law..

Sec. 2. Every such owner shall record with the Recorder of his Marks, brands, county his mark, brand, and counterbrand, by delivering to said Re- recorded. corder his mark cut upon a piece of leather, and his brand and counterbrand burnt upon it, and the same shall be kept in the Recorder's office, and shall be considered as evidence in any court of law. The Recorder shall likewise enter in a book, to be kept by him for that purpose, a copy of said marks, brands, and counterbrands, provided that such Recorder shall be satisfied that such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, or as far as his knowledge extends, is different from any other in the state. For recording the mark, brand, Fee for recording. or counterbrand, the Recorder shall receive one dollar.

Sec. 3. No mark, brand, or counterbrand shall be considered as Marks. etc. not lawful, if not recorded as specified above, within three months after recorded. the passage

of this act. Sec. 4. Every person shall mark or brand his horses and mules At what age before eighteen months old, and cattle before twelve months old, on marked. the hip or hind part, and mark his sheep, goats, and hoys before six months old.

Sec. 5. No person shall use more than one mark, brand, or coun- One person to terbrand: Provided, however, that this shall not extend to those per- mark, etc.,

except, etc. sons who are the owners of more than one hacienda, rancho, or farm, and no minor living with his parents, nor apprentice, or servant be allowed to use any mark, brand, or counterbrand other than that of his parent or master.

Sec. 6. If any person shall use any mark, brand, or counterbrand Penalty for using other than the one recorded by him, except by the consent of the mark, or an,

unrecorded mark. owner of such other mark, brand, or counterbrand, or shall use more than one mark, brand, or counterbrand, otherwise than is provided in the previous section, or suffer his ward, child, or apprentice, or servant to use any other than his own mark, brand, or counterbrand on those of the stock they run with, he shall be liable to forfeit and lose, to any person suing therefor, the stock so marked or branded with any other than his proper mark or brand recorded by him: Provided, that this section shall not extend to

any
stock which

may

descend to any ward, child, apprentice, or servant, by the gift or devise of any person other than the guardian, parent, or master, of such ward, child,

have only one

more than one

Forms to be observed on sale of cattle.

cattle.

apprentice, or servant, but the marks, brands, and counterbrands of such minors, apprentices, or servants shall be recorded as other marks, brands, and counterbrands.

Sec. 7. Any person or persons selling cattle which are not intended for slaughter; or any horses, mares, mules, jacks, or jennies, shall be required to counterbrand them on the shoulders, or give a written descriptive bill of sale, and when cattle are purchased for slaughter, any person or persons purchasing said cattle shall be required to go before a Justice of the Peace of the Township where said cattle were purchased, and procure from the Justice a certificate that the cattle were purchased for slaughter, giving the mark and brand, and also the number and class of said cattle, and the names of the person or

persons from whom they were purchased. Fraudulently mismarking

Sec. 8. If any person shall have knowledge of any person, with the intent to defraud or willingly mismarking or misbranding any stock not his own, or killing any stock running at large, with a proper owner, such person having such knowledge shall within ten days thereafter, give information to some Justice of the Peace of the

proper county, of the same, and upon failure so to do, shall forfeit and pay any sum not less than ten nor more than one hundred dollars to any person suing for the same.

Sec. 9. All animals without a mark or brand, not recorded in liable to fine. compliance with the requisitions of this act, shall subject the owner

or possessor of such animals to a fine of not less than ten nor more

than one hundred dollars. Certain marks Sec. 10. No person shall be allowed to use a mark by cutting off the not allowed.

ear (oreja mocha) or by cutting the ear on both sides to a point (punte ajuda), and all

persons

who

may have now such marks shall be obliged to alter them, with respect to the cattle they may have to mark

after the passage of this act. Recorders' duties Sec. 11. It shall be the duty of every Recorder in this state to respecting recorded marks, etc.

transmit to the Recorders of the adjoining counties a transcript of all the marks, brands, and counterbrands recorded in his office, which shall be filed by any such Recorders in their offices, and reference thereto shall be made in every case of application for the record of

marks and brands under this act. Penalty for Sec. 12. Every person knowingly and wilfully neglecting or renon-compliance

fusing to comply with the provisions of this act, for which no penalty is affixed by law, shall forfeit and pay for every such neglect or refusal, any sum not less than ten, nor more than one hundred dollars, to be recovered before any Justice of the Peace of the county where such neglect or refusal may occur, by any person suing there

Owners of unbranded cattle

with this act.

Sale of cattle on execution.

for, together with damages that may occur by such neglect or refusal.

Sec. 13. The Court of Sessions shall provide a judicial or county brand, to be used for the sale of cattle on execution.

Sec. 14. The act entitled, “An Act concerning Marks and Brands,” Act repealed. passed April 12, 1850, is hereby repealed.

Sec. 15. This act shall take effect from and after three months

When act to take effect.

after its passage.

CHAPTER LXIX.

AN ACT concerning Offices.—[Passed April 28, 1851.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

ARTICLE I.

OF THE OFFICERS TO BE ELECTED OR APPOINTED.

Section 1. There shall be elected or appointed, as hereinafter de- What cofficers to clared, the following officers, to wit: – First. A Governor and Lieutenant Governor. Second. Three Justices of the Supreme Court. Third. One District Judge for each Judicial District into which the state is divided by law. Fourth. Senators and Members of Assembly. Fifth. A Secretary of State, Treasurer, Comptroller, Attorney General and Surveyor General. Sixth. A Clerk of the Supreme Court. Seventh. A Superintendent of Public Instruction. Eighth. For each county, one County Judge, one County Attorney, one County Clerk, one Sheriff, one Coroner, one Public Administrator, one Assessor, one Treasurer, and one County Surveyor, except as otherwise especially provided for the county of San Francisco. (1) Ninth. For each of the counties of San Francisco, Santa Clara, San Joaquin, Sacramento, and El Dorado, one County Recorder. Tenth. For the city of San Francisco, four Justices of the Peace. For each of the cities of Sacramento and Stockton, three Justices of the Peace; and for each of the other incorporated cities of the state, and for each township, two Justices of the Peace, and one Constable for each Justice of the Peace.

(1) See Stat. 1853, page 37.

ARTICLE II.

Officers, by whom elected.

Election of
Governor and
Lieutenant
Governor.

Secretary of
State.

ELECTIONS AND TERM OF OFFICERS, EXCEPT TOWNSHIP OFFICERS.

SECTION 2. The Governor, Lieutenant Governor, Justices of the Supreme Court, Treasurer, Comptroller, Attorney General, Surveyor General, Clerk of the Supreme Court, and Superintendent of Public Instruction, shall all be elected by the qualified electors of the state. District Judges, District Attorneys, Senators, Members of Assembly, County Judges, County Clerks, Coroners, Recorders, Assessors, County Treasurers, and County Surveyors, shall be elected by the qualified electors of their respective districts or counties. Justices of the Peace and Constables shall be elected by the qualified electors of their respective cities or townships.

Sec. 3. The Governor and Lieutenant Governor shall be chosen at the general election of the year one thousand eight hundred and fifty-one, and every second year thereafter, and shall hold their offices for the term of two years from the time of their instalment, and until their successors shall be qualified.

Sec. 4. The Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office for the term of two years, and until his successor is qualified. (1)

Sec. 5. The Comptroller, Treasurer, Attorney General, and Surveyor General, shall be chosen at the same time as the Governor and Lieutenant Governor, and shall hold their respective offices for the term of two years, and until their successors shall be qualified. (2)

Sec. 6. One Justice of the Supreme Court shall be chosen by the qualified electors of the state at the general election of the year one thousand eight hundred and fifty-one, and of every second year thereafter, and shall hold his office for the term of six years from the first day of January next after his election.

Sec. 7. The Clerk of the Supreme Court, chosen at the general election of the year one thousand eight hundred and fifty, shall hold his office until the first day of January one thousand eight hundred and fifty-three. At the general election in the year one thousand eight hundred and fifty-two, and at the general election every two years thereafter, the Clerk of the Supreme Court shall be chosen by the qualified electors of the state, and shall hold his office for the term of two years from the first day of January next after his election, and until his successor is qualified.

Comptroller, Treasurer, Attorney, and Surveyor General.

Supreme Court
Justices.

Supreme Court
Clerk,

(1) See ante, p. 77.

(2) See ante, pp. 72, 75, 84, and 189.

Court of San

of Public

Sec. 8. The Clerk of the Superior Court of the city of San Clerk of Superior Francisco shall be elected by the electors of said city on the fourth Francisco. Monday of April, one thousand eight hundred and fifty-one, and thereafter at the same time with the other municipal officers.

Sec. 9. The Superintendent of Public Instruction, chosen at the Superintendent general election in the year one thousand eight hundred and fifty, Instruction. shall hold his office until the first day of January, one thousand eight hundred and fifty-four. At the general election in the year one thousand eight hundred and fifty-three, and at the general election every three years thereafter, the Superintendent of Public Instruction shall be chosen by the qualified electors of the state, and shall hold his office for the term of three years from the first day of January next after the election, and until his successor is quali. fied. (1)

Sec. 10. District Judges shall be chosen by the qualified electors District Judges of their respective districts, at the general election of the year one thousand eight hundred and fifty-two, and shall hold their offices for the term of six years from the first day of January next after their election. (2) A Judge of the Superior Court of the city of San Court of San Francisco shall be elected by the electors of said city at the next general election, and at the general election every third year thereafter. Sec. 11. The members of the Assembly shall be chosen by the Members of

, qualified electors of their respective districts at the general election of each year, and shall hold office for the term of one year.

Sec. 12. Senators shall be elected by the electors of their respect. Senators. ive districts for two yours, at the same time [as] members of the Assembly are chosen.

Sec. 13. County Judges shall, except in the cases otherwise pro- County Judges. vided by special statutes, be chosen by the electors of their respective counties at the general election, in the year one thousand eight hundred and fifty-three, and at the general election every four years thereafter, and shall enter upon the duties of their office on the first Monday of April subsequent to their election. (3) Sec. 14. (4) County Clerks, Sheriffs, Coroners, County Assessors, County Clerks,

Sherills, County Treasurers, and County Surveyors, and the County Recorder

Francisco.

(1) See Stat. 1852, p. 49, Sec. 1, and p. 122, Sec. 1 to 4.
(2) See Stat. 1851, p. 12, Sec. 18.
(3) See Stat. 1851, p. 17, Sec. 54.

(4) See Stat, 1850, p. 261, 264, and 117, also antc, p. 110, and Stat. 1850, p. 170, and Stat. 1851, p. 199.

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