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whatsoever the space beyond said line, to the distance of five hundred yards therefrom.
Sec. 5. The city of San Francisco shall, within thirty days after Map of said the passage of this act, deposit in the office of the secretary of state be deposited in of California, and in the office of the surveyor general of this state, state's office. and in the office of the surveyor of the city of San Francisco, a correct map of said boundary line mentioned in section one of this act, distinctly and properly delineated by a red line; said maps to be duly certified to by the mayor and surveyor of said city, and under the official seal of said city.
Sec. 6. Nothing in this act shall be construed as a surrender by Right of state to the state of its right to regulate the construction of wharves or other wharves. improvements, so that they shall not interfere with the shipping and commercial interests of the bay and harbor of San Francisco.
AN ACT to provide for the sale of the Interest of the State of California in the Property within the Water Line front of the City of San Francisco, as defined in and by the Act entitled “ An Act to provide for the Disposition of certain Property of the State of California," passed March twenty-sixth, one thousand eight hundred and fifty-one.—[Passed May 18, 1853.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Section 1. The governor of the state shall, by and with the advice Governor to and consent of the senate, appoint five persons as commissioners, who commissioners. shall hold their offices for two years, and shall have the charge and their offices for disposition of the property, and interests of property of the state of have charge of California, in the city of San Francisco, situated within the water line of the state! front as mentioned and described in section five of this act.
SEC. 2. Each of the said commissioners shall, within ten days after They shall his appointment and confirmation by the senate, take the oath of office, ten days, and as prescribed by law, before a judge of the supreme court or any
district court, and shall further take the following oath or affirmation: “I, A. B., solemnly swear (or affirm) that I am not interested direct- Take the oath ly or indirectly, by or for myself or any other, in any property or interests of property, of the state of California, within the limits of the city of San Francisco, nor in any property sold, or to be sold under or by virtue of the act under which I am appointed, nor in any pro
Oath to be endorsed on the
tary of state.
Duties of secretary Record of
perty or advantages (except my official salary as fixed by law) to result from the administration of my office, or the office of my associate commissioners, and that I will not be so interested during my term of
office." Said oath shall be endorsed in writing upon a copy of the commission and commission of each commissioner, and such copy and oath shall be in office of secre- filed in the office of the secretary of state. A violation of the above
oath in any of its parts, or any other violation of duty in office, shall
be a felony, for which the person offending shall be punished by fine, Penalty for not less than five thousand dollars nor more than fifty thousand dollars, violation of oath.
and by imprisonment in the state prison not less than six months por more than three years. Upon probable cause the governor may remove any commissioner and fill the vacancy, as in other cases accord
ing to law. Organization
Sec. 3. The said commissioners shall, within five days after having been sworn in, organize as a board, by choosing a president from
among their own number, and a secretary. The duties of the presi. president. dent, besides those herein imposed, shall be such as may be prescrib
ed for him by the board, not inconsistent with this act. The secre
tary shall keep distinct and proper minutes of the proceedings of the proceedings
board, and shall record the names of every commissioner present at each meeting, and voting on each resolution, act or proceeding, and whether he voted in the affirmative or negative. Every such vote shall be taken viva voce, and by ayes and nays. He shall perform
such other services as are provided by this act, and as may be preTo be open for scribed for him by the board in accordance therewith. His minutes inspection.
and record shall be open to public inspection during business hours, Proceedings to and the proceedings of said board at each meeting shall be published be published.
in one of the city papers. Meetings
Sec. 4. The meetings of the board shall be public, and shall be
held in the city of San Francisco, and at least as often as once a Commissioners month. The board shall have power to rent an office, at an expense
not to exceed one hundred dollars per month. Commissioners to Sec. 5. The said commissioners, after their appointment and contake possession
firmation, shall, as speedily as possible, and they are hereby empowinterests of the
ered to enter upon and take possession of all the property and intercise the power
ests of property of whatever description, of the state of California, provisions of
within the line fixed by an act entitled “An act to provide for the disposition of certain property of the state of California," passed March twenty-sixth, one thousand eight hundred and fifty-one, and defining the present water front of the city of San Francisco, and to dispose of the same, in the manner and for the purposes in this act provided, and they are hereby authorized in and by the name of the
may rent an office.
state and exer
necessary to carry out the
to ascertain the
section five of
proceed to sell at
the interests of
people of the state of California, to bring and maintain all suits and proceedings at law in any court of this state or of the United States, and to do any other act, or exercise any other power necessary to carry out the provisions of this act.
Sec. 6. Every act of the board of commissioners for the disposi- Every act and tion of the property, or interests of property of the state as herein the board of provided, or directing the manner of its disposition, shall require the to have the vote vote of at least three of the commissioners; and every conveyance or at least three of
and signatures of agreement for a conveyance, executed by the board, shall have the signatures and seals of three of the commissioners, including the president.
Sec. 7. The commissioners shall first ascertain the extent, nature Commissiorers and character, of all the property and interests of property of the extent, etc., of state of California, situated within the line in section five of this act deseribed in referred to; and as soon as possible thereafter, they shall proceed to this act, and sell at public auction, in the city of San Francisco, all the right, title public auction and interest of the state of California, of, in and to, all the said pro- the state therein. perty or interests of property. Such sale shall be made by lots, as Sale to be made
by lots. the same are now laid out on the official map of said city, and where none such are so laid out, then in such lots as may be laid out by the board in conformity with the said official map. But no open slip Open slips not authorized by law to be kept open as a slip shall be sold, but the same shall remain open for the purposes of commerce until otherwise ordered by law. The terms of such sale shall be as folllows : Cash, Terms of salc. or the civil bonds of the state of California, or the civil warrants of the comptroller of state on the treasury. Ten per cent. to be paid on the day of sale, twenty-five per cent. in ten days thereafter, and the remaining sixty-five per cent. in three months; in default whereof, the property shall be resold at the expense and on the account of the j urchaser. The acts of sale at the purchaser's expense. At least Acts of sale. thirty days' notice of all sales shall be given in three daily newspa- Thirty days pers in the city of San Francisco, of which the newspaper known noties, bis del sito as the “ Times and Transcript" shall be one; in the newspaper known Times and as the “ Democratic State Journal,” in the city of Sacramento, and State Journal
And Republican. in the newspaper known as the “San Joaquin Republican,” in the city of Stockton. Such notices shall specify the property to be sold, Contents of by its numbers, and locality as to streets on the city map, and by such other description as shall be sufficient to fully inform purchasers, and also the time, place and conditions of sale. In closing each bid the auctioneer shall allow a sufficient time to give notice after Manner of having declared the same, and then if an advance of twenty-five dol
conducting sales lars or more shall be bid, the bidding shall be renewed until finally
to be sold.
Compensation of auctioneer.
ated for wharves.
closed. The compensation of the auctioneer shall not exceed onehalf of one per cent. on the gross sales, to be paid by the purchaser :
Provided, that nothing in this act contained shall affect any lands Land appropri- legally appropriated for the use of wharves in the said city, prior to
passage of this act, where the contracts under which said wharves were built have been heretofore ratified or confirmed by a statute of the state. And provided also, that nothing in this act contained
shall authorize or empower the commissioners, or any officer under Property legally this act, to take charge of or sell any property legally sold by the the provisions of authorities of the city of San Francisco, under or confirmed, or exempted from granted by the provisions of the act entitled “An act to provide for
the disposition of certain property of the state of California," passed March twenty-sixth, one thousand eight hundred and fifty-one, ex. cepting it be the remaining interest of the state in said property, after the expiration of the estate or term granted or mentioned in
said last mentioned act, and excepting also it be the property known Sale of property as the government reserves, which remaining interest and reserves government
may be sold, and are not intended to be exempted from sale by this
proviso. Upon a
Sec. 8. Upon a sale, the commissioners shall make to the purchaser, compliance with the terms of sale as soon as such purchaser complies with the terms of sale, a convey.
ance, by deed of bargain and sale; such deed shall convey all the conveying the interests of the right, title and interest of the state in the premises, and shall be prima premises. facie evidence of the regularity of all the preliminary proceedings and of proceedings
sale on the part of the commissioners, and shall also be prima facie Right of possession.
evidence of title and right of possession in the grantee, his heirs and assigns; upon which actions, for the recovery and possession of real property, or for injuries thereto, may be maintained and defended in
all the courts of this state having jurisdiction thereof. Sale may be Sec. 9. A sale regularly called and advertised, may be adjourned postponed.
by public proclamation from day to day, or may be postponed in the discretion of the commissioners, in which last case it shall be readvertised, but it shall not be lawful for the commissioners in any one sale, to sell and dispose of more of the property and interest of prop
erty of the state, as herein provided, than [shall exceed more than ?) the Erch sale not to amount of three hundred and fifty thousand dollars, nor to ordain and
call sales at intervals of time of less than two months, one sale from than at intervals and after another : Provided, that the commissioners may at any time Interests of the during a public sale, pass and discontinue the sale of any property, protected. when they deem such action to be best for the interest of the state. Appropriation of Sec. 10. The cash proceeds of all sales shall forever be and re
a deed to be executed
state in the
To be evidence
exceed $350,000. And not to be made oftener
state to be
per cent. bonds.
the proceeds thereof.
Of the seretary
1st. A sinking fund, for the payment and redemption of the princi- First: a sinking pal and interest of the three per cent. bonds of the state, and of the payment of the seven per cent. civil bonds, to be applied to such purposes as herein- and of the seven after provided, and in accordance with existing law: and, 2d. After such payment and redemption, the balance if any, shall Second: Balance
into be paid into the treasury to the credit of the general fund.
general fund. Sec. 11. The proceeds of sales, whether bonds, warrants or money, to attend the
state shall be paid to the treasurer of the state, whose duty it shall be to sales and receive attend all sales under this act, and receive all such proceeds.
Sec. 12. The salary of each of the said commissioners shall be three Salary of thousand dollars per annum, except of the president, whose salary or the president. shall be thirty-five hundred dollars. The salary of the secretary shall To be paid be thirty-five hundred dollars per annum. Said salaries shall be
monthly. payable monthly, out of the proceeds of any sales under this act, upon the certificate of the president and of two commissioners.
Sec. 13. The said commissioners shall file with the comptroller of Commissioners state at the close of each sale, accounts of such sale, with the number comptroller of and description of the property sold, the purchaser's name, and other statement under needful information, of their receipts and disbursements, with all accounts of each necessary vouchers, which accounts shall be sworn to and certified by information the president and secretary of the board. They shall also make to the there with. legislature, the first week of the session, a full report of their trans- report to the
legislature. actions during the preceding year, with such suggestions as may be proper.
Sec. 14. It shall be the duty of the attorney general of this state Attorney general to aid and advise with said commissioners, when required by them, commissioners. in carrying out the provisions of this act, and in the prosecution and defending all suits under the same.
Sec. 15. It shall not be lawful for any judge or court of this state, The issuance of to restrain or prohibit any sale of the commissioners authorized under ing commissionthis act, by any order or injunction, and if any such order or injunc- To be disregarded tion shall be issued for that purpose, all officers acting under this act may proceed with such sale, notwithstanding such injunction shall have been served on such officer.
Sec. 16. So much of the property known as the government reserves, Certain portion situate on the block bounded by Sansome, Battery, Washington and ment reserves
excepted from Jackson streets, as may have been selected by or on behalf of the provisions of general government for the erection of a custom-house, are reserved and excepted from the provisions of this act.
They shall also
to advise with