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cheat or defraud the state out of revenue, he may in person repair to the residence of such treasurers or other officers charged with the collection of state taxes, and then and there examine his or their books, papers, accounts and records, pertaining to the collection of state revenue, with a view to ascertain whether any received properly, belonging to the state, is in his or their hands due the state and unpaid, and if, in his judgment, said treasurer or other person charged with the collection of such revenue, has been guilty of fraudulent conduct
in reference to his or their duties, he shall call to his aid the district May obtain attorney, or such other counsel as he may designate, and institute all
such legal proceedings, warranted by law, to secure and enforce the
collection of any and all revenue due from such delinquent or delinAttorney general. quents. Or said comptroller may require the attorney general to do
and perform the matter herein enjoined on said comptroller. Penalty for fraud, etc. Sec. 2. If any county treasurer or other officer charged with the
collection of state revenue, shall fail or refuse, when called upon, to permit the comptroller or attorney general to inspect his books, papers, receipts, and records, pertaining to the collection of state revenue, he or they shall be deemed guilty of a misdemeanor, and on conviction, in any court of competent jurisdiction, by presentment or indictment, shall be fined in any sum not less than one hundred dollars, nor more than five thousand dollars, or be imprisoned in the county jail, not less than ten days nor more than six months, or by both such fine and
imprisonment in the discretion of the court or jury trying the same. commencement
Sec. 3. This act shall be in force from and after its passage.
of the act.
AN ACT regulating the Duties of Harbor Master of the Port of
San Francisco.—[Passed May 1, 1852.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
cction by the ople
Section 1. The qualified electors of the city of San Francisco, shall, at their annual charter election, elect by ballot a harbor master for the port of San Francisco, who shall hold his office for one year from the first day of January next succeeding the election, or until his successor is qualified. Before entering upon the duties of said office, the harbor master shall execute a bond to this state, with two sufficient sureties, to be approved by the mayor of said city, in the sum
of ten thousand dollars, conditioned for the faithful and impartial fulfilment of the duties required by this act, and shall also take an oath truly and faithfully to execute the same.
Sec. 2. If a vacancy occurs in the office of harbor master, it shall Vacancy. be filled by appointment by the governor until the next regular election. Sec. 3. The harbor master shall have power to appoint a deputy, Power to appoin
a deputy. for whose acts he shall be responsible on his official bond.
Sec. 4. The harbor master shall have full authority to regulate Duties of harbor and station all ships, steamers, and other craft in the harbor of San Francisco, and to remove from time to time such ships, steamers, and other craft, as are not engaged in receiving or discharging cargo. As to the fact of their being fairly and bona fide employed in discharging or receiving cargo, the harbor master shall be the sole judge. But any party aggrieved by the decision of the harbor master, may bring suit against him for damages in the district or superior court, and shall have judgment according to the evidence.
Sec. 5. If any master or other person having charge of any ship, Penalties f steamer, or other craft, shall refuse or neglect to obey his directions, in any way pertaining to his regulations of the port, such master or other person so offending, shall forfeit and pay the gum of three hundred dollars, to be recovered with costs of suit before the recorder of the city of San Francisco, by an action in the name of the harbor master, who shall be a competent witness in the case. All sums recovered under the provisions of this section, shall be paid over to the treasurer of the state marine hospital, at San Francisco, for its use and benefit.
Sec. 6. The harbor master shall have power to demand and receive Fees. from all masters, consignees, or owners of all vessels entering the port of San Francisco, four cents per ton, to be computed from her register or enrollment at the custom house : Provided, that on all steamers and sail vessels, plying between San Francisco and other ports coastwise, the following fees and no other, shall be chargeable : On all under one hundred tons, two dollars; on all over one hundred and under three hundred tons, four dollars ; on all over three hundred and under one thousand tons, eight dollars ; and on all over one thousand tons, ten dollars.
Sec. 7. The harbor master is authorized and empowered to hear Cases of collision. and determine any controversy in cases of collision, which may be submitted to him by consent of the parties interested; and when damages are allowed by him not exceeding three hundred dollars, his decision shall be final. For the determination of any such question he shall be entitled to the sum of ten dollars.
Fees payable Sec. 8. The fees of the harbor master shall be payable at his office, within forty-eight hours.
within forty-eight hours after the vessel has been entered at the custom house. If not paid within this time, double the amount of fees
shall be charged, and may be recovered by action in the name of the Penalty. harbor master in the recorder's court of the city of San Francisco,
with costs of suit. When double fees are collected, one-half shall be paid over to the treasurer of the state marine hospital, at San Francisco, for its use and benefit.
Sec. 9. It shall be the duty of the harbor master to superintend daty.
and enforce the execution of all laws of this state and ordinances of the city of San Francisco, not conflicting with said laws in relation to the removal of obstructions from the harbor, the cleaning of the docks and wharves, and the prevention and removal of nuisances in or upon them. He shall take in charge all abandoned vessels, all sunken water craft, and all boats picked up adrift, and place the same in safety. After which, he shall advertise for one week the full particulars pertaining to the same, and require all parties interested to come forward and make good their claims within twenty days. If claimed within twenty days after the advertisement, such property shall be delivered to the owner on payment of all costs of securing and removing it. If not claimed within that time, or if the owner fails to pay said costs, such property shall be sold by the harbor master, and the proceeds, deducting all costs and expenses, shall be paid to the owner ; or, if not claimed, to the treasurer of the state
marine hospital, at San Francisco, for the use of the hospital. conflicting laws Sec. 10. The act regulating the duties of harbor master of the repealed.
port of San Francisco, and for other purposes, passed March eleventh, one thousand eight hundred and fifty, is hereby repealed. But this repeal shall not effect the right of the present incumbent of the office of harbor master, elected under said act, to hold and enjoy said office and to exercise the powers conferred, and to claim and receive the compensation allowed by this act, nor to effect anything heretofore done or right acquired, or action or proceeding commenced under the provisions of the act which is repealed.
AN ACT to Fund the Floating Debt of the County of San Fran
cisco.—[Passed May 4, 1852.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
SECTION 1. The county of San Francisco is hereby authorized to Appointment of
commissioners. fund its floating debt, as hereinafter provided, and for this purpose S. R. Harris, F. D. Kohler, and Otto Frank, are hereby constituted and shall be known as the commissioners for funding the floating debt of the county of San Francisco, with the powers
hereinafter enumerated : they shall organize their commission by the appointment of a president and secretary from their own body, and shall hold office Term of office. until the first day of July, one thousand eight hundred and fitythree, when the commission shall cease and terminate.
Sec. 2. The said commissioners shall have power to issue, on the Power to issue part of said county, certificates of stock, bearing date as of the first stock. day of July, one thousand eight hundred and fifty-two, for an amount equal to the aggregate amount of the floating debt of the county of San Francisco, which shall be due, or the consideration whereof shall have accrued on or before the first day of May, one thousand eight hundred and fifty-two, (not to exceed, however, the sum of four hundred thousand dollars,) said certificates shall be in such form as the form. said commissioners shall prescribe, and shall be signed by each of the said commissioners, and each and every certificate to purport in substance as follows, namely: That the county of San Francisco owes to the holder thereof a sum, to be expressed therein, not less, however, than one hundred dollars, bearing an interest of seven per cent. per annum. The said interest to be payable half-yearly, upon coupons, annexed to such certificates, and the principal sum to be redeemable within ten years after the date of such certificate; the coupons
for the payment of such certificate shall be signed by the secretary of said commissioners, and annexed to and delivered with each certificate. Sec. 3. It shall be the duty of said commissioners to furnish to the Duty of
commissioners. county assessor, within the ten days following the first day of July, one thousand eight hundred and fifty-two, a statement of the amount of bonds issued in virtue of this act, and of the amount of interest annually accruing on the same, and it shall be the duty of said as
Interest on bonds.
Duty of county treasurer.
sessors, in completing their assessment list, to include the amount of said interest with other sums now authorized by law, to be raised thereon, and also an additional assessment of one-eighth of one per cent., to be set apart and appropriated in a manner as hereinafter provided for, for the gradual extinguishment of the certificates or bonds, issued by virtue of this act.
Sec. 4. Of the moneys received by the county treasurer, arising out of the taxes annually assessed and collected, there shall be first set apart and exclusively appropriated an amount sufficient to meet the interest due on the bonds, by the commissioners, and no other payment shall be made from the county treasury until such an amount is secured.
Sec. 5. On the tenth day of January, one thousand eight hundred and fifty-three, and thereafter, every six months, it shall be the duty of the county treasurer, to appropriate all moneys in his hands, arising out of the one-eighth of one per cent. authorized by this act, to be assessed as a sinking fund, to the redemption of the bonds or cer. tificates issued by the commissioners, and he shall redeem said bonds or certificates by public auction, previously giving ten days notice thereof, in two newspapers published in San Francisco, the advertisement to set forth the amount in his hands for that purpose, and he shall accept such bids as shall secure the cancellation of the greatest amount of stock.
Sec. 6. It shall be the duty of the county treasurer to cause the interest, becoming due on the bonds issued by the commissioners, to be paid at some respectable banking house in San Francisco; and he shall, prior to said interest becoming due, deposit the money received for that purpose, as provided for in section four : Provided, no charge is made for such
agency. Sec. 7. Any person holding indebtedness of any character against the county of San Francisco, contracted for prior to the first day of May, one thousand eight hundred and fifty-two, and certified to by the present president of the board of supervisors of said county, as having been legally authorized, shall have the privilege of receiving, in lieu thereof, seven per cent. bonds or certificates, as provided for in section two: Provided, said parties, holding evidences of the county's indebtedness, certified to as above, shall present them for funding at the office of the commissioners within six months after the passage of this act.
Sec. 8. On the tenth day of July, one thousand eight hundred and fifty-three, it shall be the duty of the commissioners appointed by this act, to turn over to the board of supervisors of the county all the
Payment of interest.
Duty of commissioners