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CHAPTER XCI.

AN ACT concerning the Fees of Public Administrator—[Passed
April 28, 1851.]

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

Section 1. The fees of public administrator shall be four per ...o. cent. upon the amount of the estates administered by them, which per

centage shall be the only compensation allowed for their services.

CHAPTER XCII.
AN ACT to regulate Rodeos. (1)—[Passed April 30, 1851.].

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

SECTION 1. Every owner of a stock farm shall be obliged to give, Annual Rodeos yearly, one general Rodeo, within the limits of his farm, from the first day of April until the thirty-first day of July, in the counties of San Luis Obispo, Santa Barbara, and San Diego; and in the remaining counties, from the first day of March until the thirty-first day of August, and the person giving such general Rodeos, shall give notice Notice. thereof to all the owners of adjoining farms, at least four days previous to said Rodeos being made, in order that parties interested may meet, for the purpose of separating their respective cattle, it being understood that this requisite will be complied with by giving verbal notice to the owners of such adjoining farms, or by leaving a notice at their respective farm residences with any servant or member of the family. (2)

Sec. 2. If any person, required to give such general Rodeos, by Neglect or the provisions of this act, shall neglect or refuse to do so, or wilfully refusal. neglect to collect any portion of his stock, any adjoining stock farmer shall have power to give such Rodeos, and the person so neglecting

(1) See Stat. 1851, page 515.
(2) Amendment inserted from Stat. 1852, page 102, Sec. 1.

or refusing, shall pay the cost of the same; in this case, the person giving such Rodeos, shall give notice as required in section one. (1) of Sec. 3. No owner of a stock farm shall be required to give a Rodeo from the first day of November to the first day of March, in each year, except on a contract for the delivery of cattle, or on a legal demand from the sheriff or constable of his county, having an execution against the owner, and demands a Rodeo for levy or delivery of cattle: but in other months of the year he shall be required to collect his cattle upon application of owners of cattle: Provided, good cause is shown, and the party applying for the Rodeo pay the expenses thereof. (2) to Sec. 4. When the cattle comprising such general Rodeo shall be may be collected together, any stock owner, or his agent, shall have the privexamined. ilege of examining to his satisfaction the cattle so congregated, and to separate such as belong to him. The cattle so gathered together shall not be allowed to disperse until all the adjoining farmers have had sufficient time to separate the cattle belonging to them: Provided, that said Rodeo may be continued from day to day until such separation shall be completed. Cattle may be SEC. 5. The requirements of the foregoing section being complied lo" with, the owner of the Rodeo may proceed to mark and brand his such Rodeo. cattle within eight days from the time of such Rodeo; but if he should suspend his marking and branding for more than fifteen days, he shall be obliged to give a new general Rodeo, in the same manner as the former one, it being understood that in all cases he shall be obliged to mark his cattle some time within the period designated in the first section, unless the majority of the adjoining proprietors should grant him longer time. Disputes SEC. 6. Should any dispute arise between the owner of the Rodeo i.o.o. or any of the stock owners, or between any of the latter respecting cattle affairs, said dispute shall be decided by the judge or judges of the Plains (Jueces del Campo), who may be present, or in case of their absence, by any three disinterested stock owners present, should the value in dispute not exceed fifty dollars. Unmarked cattle, Sec. 7. All unmarked neat cattle, the mothers of which are un: too known, shall be considered the property of the owner of the farm on which they may be found. No person to run SEC. 8. No person shall be allowed at any time or under any cir

cattle from - - without the cumstances to run cattle from without the boundaries of his own

(1)Amendment inserted from Stat. 1852, page 102, Sec. 2.
(2) Amendment inserted from Stat. 1852, page 102, Sec. 3.

farm, except by permission of the person in charge of the farm where .

- - - - own farm. he may desire so to do; and whoever shall transgress this provision will be liable, upon conviction thereof, before any justice of the peace, to a penalty of not less than one hundred dollars nor more than five hundred dollars, or to imprisonment for not less than three months nor more than six months, at the discretion of the justice.

Sec. 9. No person shall be allowed to mark or brand any portion Cattle not to be

- - - marked at any or the whole of his cattle at any other time or in any other manner other time than

than as prescribed in this act; and whoever shall act to the contrary o will subject himself, on conviction before any justice of the peace, to a penalty of not less than one hundred dollars, nor more than five hundred dollars, at the discretion of the justice. Sec. 10. Every stock farm, the owner of which shall possess when owner of therein more than three thousand head of neat cattle, and not over too. six thousand, shall be allowed to divide said cattle into two Rodeos, Rodeo. or if the number exceed six thousand head, into three Rodeos, at each of which the provisions respecting general Rodeos shall be complied with; and the whole number of these partial Rodeos shall be considered as the general Rodeo of such farm : Provided, that such partial Rodeo be given within the period of fifteen days. Sec. 11. This act to take effect from and after the first day of Who."

take effect. June, A. D. one thousand eight hundred and fifty-one.

CHAPTER XCIII.

AN ACT to provide for the Punishment of Embezzlement of Public
Money and other purposes.—[Passed April 10, 1851.

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

SECTION 1. That if any officer of the state, or of any county, city, Embezzlement or town in this state, charged with the safe keeping, transfer, or dis- ". money bursement of public moneys, shall convert to his own use in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan with or without interest, any portion of the public moneys, bonds, or other evidences of the indebtedness of the state entrusted to him for safe keeping, transfer, disbursement, or any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of said moneys as shall be thus taken, converted, invested, used, or loaned, which is hereby declared

to be felony; and the neglect or refusal to pay over on demand any public moneys in his hands upon the presentation of a draft, order,

or warrant drawn upon him by the comptroller, or any other officer

Accessories.

Public nuisances under this act.

Penalty.

Fines to be paid into county treasury.

Appeal.

Commencement of the act.

authorized by law, and signed by such officer, or to transfer or disburse any such moneys promptly according to law, on the legal requirement of any officer authorized to make such requirement, shall be prima facie evidence of such conversion to his own use of the public moneys as may be in his hands. All persons advising, or knowingly and willingly participating in such embezzlement, upon being convicted thereof, before any court of this state of competent jurisdiction, shall for every such offence forfeit and pay to the state a fine equal to the amount embezzled, and shall suffer imprisonment for a term not less than six months, nor more than five years. (1)

CHAPTER XCIV.

AN ACT to prevent certain Public Nuisances.—[Passed May 3, 1852.]

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

SECTION 1. If any person or persons shall put the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop into any river, creek, pond, street, alley or public highway, or road in common use, or shall attempt to destroy the same with fire, within one quarter of one mile of any village, town, or city of this state, any person or persons so offending shall be presented to the grand jury of the county wherein the offence has been committed, and if the grand jury shall find a true bill, the court of sessions shall proceed to try the cause in like manner with misdemeanor, and upon conviction, the parties so offending shall be fined not less than one hundred dollars nor more than three hundred dollars.

SEC. 2. That all forfeitures and penalties accruing under this act, shall be paid into the county treasury of the proper county within ten days after conviction: Provided, that if the defendant shall consider himself or herself aggrieved by the decision of said court, he or she so convicted shall have the right of an appeal as in other cases, to a higher court.

Sec. 3. This act shall take effect from and after the first day of June next.

(1) See ante, page 73.

CHAPTER XCV.

AN ACT concerning the Administration of Oaths. (1)—[Passed May 1, 1852.]

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

SECTION I. That all officers of this state, authorized by law to ad- May certify minister oaths or affirmations, may certify the same under their “” hands, without affixing to such certificate their seals of office.

Sec. 2. That all oaths or affirmations heretofore administered by ..." any officer of this state, and by him certified, under his hand, without his seal of office, shall be as effectual, for all purposes, as if such seal had been affixed to such certificate.

Sec. 3. This act shall take effect immediately. onent

CHAPTER XCVI.

AN ACT for the Authentication of Statutes without the Approval of the Governor.—[Passed May 1, 1852.]

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

Section 1. When a bill, that has passed both houses of the legis on lature, shall be returned by the governor without his signature, and signature of the with objections thereto, and, upon a reconsideration, shall pass both governor. houses by a constitutional majority, it shall be authenticated as having become a law, by a certificate endorsed thereon, or attached thereto, in the following form :

“This bill having been returned by the governor with his objections thereto, and, after reconsideration, having passed both houses by the constitutional majority, it has become a law, this day of —, A. D. ,” which being signed by the president of the senate and the speaker of the assembly, shall be deemed a suf. ficient authentication thereof, and the bill shall again be presented to

(1) See ante, page 211.

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