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If the female was Second. When the female, at the time of the alleged marriage, was

under age, etc.

For adultery.

For cruelty, intemperance, etc.

For fraud, etc.

For felony.

Divorce for impotency.

Legitimacy of children.

Allowance to wife during suit.

No divorce by default,

under the age of fourteen years, and the alleged marriage was with-
out the consent of her parents or guardian, or other person having the
legal custody or charge of her person; and when such marriage was
not voluntarily ratified on her part, after she had attained the age of
fourteen years.
Third. By an act of adultery by either of the parties; but no di-
vorce shall be granted upon the application of the party guilty of
the act of adultery complained of, nor if it shall appear to the court
that the adultery complained of was by collusion of the parties; nor
when it shall appear that the parties have lived and cohabited to-
gether as man and wife, after knowledge of the act of adultery com-
plained of. -
Fourth. For extreme cruelty in either party, or for habitual intem-
perance, or for wilful desertion by either party for the period of two
years; or for wilful neglect on the part of the husband to provide for
his wife the common necessaries of life, having the ability to provide
the same, for the period of three years.
Fifth. When the consent of either of the parties to the marriage
was obtained by force or fraud, upon the application of the injured
party.
Sixth. In case of the conviction of either party for a felony, after
marriage, where the punishment is not less than imprisonment for
two years.
Sec. 5. No action for a divorce, on the ground of natural impo-
tency existing at the time of the marriage, shall be allowed except by
the injured party; nor unless instituted within two years after the
solemnization of the marriage.
Sec. 6. When a divorce is granted on the ground of adultery on
the part of the wife, the legitimacy of any children born or begotten
of her before the act of adultery complained of, shall not be affected
by the divorce.
Sec. 7. In any action for a divorce, the court may, during the
pendency of the action, or at the final hearing, or afterwards, make
such order for the support of the wife, and the maintenance and edu-
cation of the children of the marriage, as may be just, and may at
any time thereafter annul, vary, or modify such order, as the interest
and welfare of the children may require.
Sec. 8. No divorce shall be granted in any action by default of the
defendant, nor on the admission or statement of either party; but in
all cases the court shall require proof of the facts alleged as the
grounds for a divorce.

CHAPTER CXVII.

AN ACT concerning District Attorneys. (1)–(Passed April 29, 1851.]

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

SECTION 1. There shall be a district attorney in each county of this District attorney state, who shall be elected by the electors of the county, at the gen- in each county. eral election of the present year, and at the general election every two years thereafter, and shall enter upon his duties on the first Monday of October subsequent to his election.

Sec. 2. Before entering upon the duties of his office, he shall exe- To give bond. cute and file with the county clerk, a bond to the state, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties.

Sec. 3. The district attorney in each county shall be the public o prosecutor therein. (2)

Sec. 4. He shall attend the district courts held in his county, and To conduct the courts of sessions in his county, held for the transaction of crimi- prosecutions. nal business, and conduct on behalf of the people all prosecutions for public offences. (3)

Sec. 5. If he fails to attend any term of those courts, the court shall Deputy may be designate some other person to perform the duties of district attorney appointed. during his absence from the court, who shall receive a reasonable compensation, to be certified by the court, and paid from the county treasury.

Sec. 6. The district attorney, when not in attendance upon the dis-Foling, trict court, or court of sessions, shall institute proceedings before magistrates. magistrates, for the arrest of persons charged with, or reasonably suspected of, public offences, when he has information that any such offence has been committed; and for that purpose shall attend upon the magistrates in cases of arrest when required by them, and shall

(1) See Stat. 1851, page 417, Sec. 15.

(2) See Stat. 1852, page 95, Sec. 10, and; p. 28, Sec. 43, and p. 37, Sec. 84. Also ante, page 221. Also ante, chapter 110.

(3) See ante, chapter 81, Sec. 2. Also, page 85.

To draw indictments, etc.

To give receipt for moneys received.

To account on oath.

Refusing to account.

To give opinion without fee.

When not to act in civil action.

To keep a register of his official business.

Punishment for neglect of duty, etc.

Salary.

attend before, and give advice to the grand jury, whenever cases are
presented to them for their consideration.
Sec. 7. The district attorney shall draw all indictments when required
by the grand jury; shall defend all suits brought against the state
or his county; shall prosecute all recognizances forfeited in the dis-
trict court, or court of sessions; and all actions for the recovery of
debts, fines, penalties, and forfeitures, accruing to the state, or his
county; and he shall also perform such other duties as may be re-
quired of him by law.
SEC. 8. When he receives money or property in his official capacity,
he shall deliver a receipt therefor to the person from whom he receives
it, and file a duplicate thereof with the county treasurer.
Sec. 9. He shall, on the first Mondays of January, April, July, and
October, in each year, file in the office of the county treasurer, an
account in writing verified by oath, of all moneys received by him in
his official capacity, during the preceding three months, and shall,
at the same time, pay it over to the county treasurer.
Sec. 10. If he refuse, or neglect to account for, and pay over money
so received by him as required by the last section, the county trea-
surer shall bring an action against him for the recovery thereof in the
name of the county, and may recover in such action in addition to
the amount so received, fifty per cent, damages and interest. For
such refusal or neglect he shall also be deemed guilty of a misdemea-
nor in office.
Sec. 11. The district attorney shall, without fee, give his opinion to
any assessor or collector, or any county auditor or treasurer, in any
matter relating to the duties of their respective offices.
Sec. 12. The district attorney shall not act as counselin a civil action
or in a special proceeding of a civil nature for a private party,
against whom a criminal action for a felony is pending.
Sec. 13. He shall keep a register of his official business, in which
shall be entered a note of every action, whether criminal or civil,
prosecuted by him officially, and of the proceedings therein, which
shall, upon the expiration of his term of office, be turned over to his
SucCeSSOr.
SEC. 14. The district attorney may be indicted for a misdemeanor
in office, or neglect of duty, and be punished by removal, or by fine,
not exceeding two thousand dollars, for the use of the county in which
he is convicted, or by both such fine and removal.
Sec. 15. The district attorney shall receive such salary as may be
fixed by law, in addition to the fees allowed for the prosecution of

offences and of forfeited recognizances. (1) He shall also be entitled to receive for all amounts collected by him for the state or county by action, ten per cent. on the amount collected, and for all criminal actions successfully prosecuted by him, such fees as may be allowed by law, to be paid by the defendant.

Sec. 16. The act entitled “An Act concerning the Office of District Previous acts

Attorney,” passed March 27th, 1850, and the act entitled “An Act concerning the Office of County Attorney,” passed March 27th, 1850,

are hereby repealed, and the office of county attorney is hereby abolished.

Sec. 17. This act shall take effect on the first Monday of October Woo

next, except that the first section, so far as it directs an election of a district attorney at the general election of the present year, shall take effect immediately.

CHAPTER CXVIII. AN ACT providing for the Disposition of certain Property.—[Passed April 21, 1851.]

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

SECTION 1. The state of California does hereby grant and release Release to the town of Martinez all the right, title, and interest of the said state lands.

state in the lands covered by the waters of the Straits of Carquinez, lying opposite to said town, and bounded as follows: beginning at a point where the north-eastern bank of Elambre Creek intersects with the line of ordinary high tide of the Straits of Carquinez; thence running in a north-eastern direction, and following the line of said high tide eighty rods; thence north-westerly, and as near as may be at right angles to said line of high tide, to the line of ordinary ship's channel; thence south-westerly, and following the line of ordinary ship's channel, one hundred and sixty rods; thence south-easterly, and as near as may be at right angles to said high tide mark, to ordinary high tide mark; thence north-easterly, along said ordinary high tide mark, to a point where said tide mark intersects with the south-western bank of said Elambre Creek; thence in a straight line to the Place of beginning.

(1) See Stat. 1852, page 50, Sec. 1.

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SEC. 2. The said property above described, and the proceeds thereof shall be disposed of by the trustees of said town and their successors in office for the improvement of the said town, and for the benefit of commerce, by the construction of wharves, piers, and docks, and otherwise.

Sec. 3. Within three months from the passage of this act the trustees of said town shall cause the lands above described to be surveyed, and a map or plat of the same to be filed in the office of the county recorder.

CHAPTER CXIX.

AN ACT prescribing Duties to the Secretary of State. (1)–(Passed
May 1, 1851.]

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

SECTION 1. It shall be the duty of the secretary of state, two months previous to the meeting of each session of the legislature, to advertise in a newspaper, printed at or nearest the seat of government, for sealed proposals for supplying the legislature with stationery, fuel, and such other things necessary for the use of the legislature, specifying in such advertisement the quantity and quality of each item deemed necessary.

SEc. 2. One month previous to such meeting of the legislature the proposals shall be opened in presence of the secretary of state and comptroller, and the contract shall be awarded to the lowest responsible bidder.

Sec. 3. The secretary is hereby authorized to certify the accounts arising under this act to the comptroller, who shall draw his warrant upon the treasurer for the same.

(1) See ante, page 77.

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