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Appraisers to be sworn.

In case of death of owner of homestead.

act shall be sworn by the officer to do justice between the parties. Their decision shall be delivered to the officer, shall be returned by him with the execution, and shall be conclusive between the parties and for the protection of the officer against all liability. If the value of the real estate or personal property, as the case may be, do not er. ceed the amount made exempt by this act, the cost of the proceedings shall be paid by the plaintiff in execution, otherwise by the defendant.

Sec. 10. The homestead and other property exempt from forced sale, upon the death of the head of the family, shall be set apart by the probate court for the benefit of the surviving wife and his own legitimate children, and in case of no surviving wife or his own legitimate children, for the next heirs at law : Provided, that the exemption as provided in this section shall not extend to unmarried persons, except when they have charge of minor brothers, or sisters, or both, or brothers' or sisters' minor children, or a mother, or unmarried sisters living in the house with them.

Sec. 11. Nothing in this act shall be so construed as exempting any real or personal property from sales for taxes.

Exemption not to extend to unmarried persons.

Nor to sales for taxes.

CHAPTER CLIX.

AN ACT to license Hawkers and Pedlers in this State. (1)—[Passed

April 25, 1851.)

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

Assembly, do enact as follows :

Persons
not to hawk
goods without
a license.

SECTION 1. From and after the passage of this act it shall not be lawful for any person or persons in this state to offer for sale any goods, wares, or merchandise, other than the growth, produce, or manufacture of this state in or upon the streets of any city or town, or upon the highway, until they shall have first applied for and obtain

ed a license as hereinafter provided in this act. Hawking without

Sec. 2. If any person shall be convicted of having offered for sale any goods, wares, or merchandise, other than the growth, produce, or manufacture of this state, in or upon the streets of any city or town, or upon the highway, without a license to do so, he shall be fined before any justice of the peace of this state, for the first offence, not

a license.

(1) For subsequent legislation which partially supersedes this act, see ante. chap. 127, Art. 2.

issue licenses.

less than ten dollars and not exceeding fifty dollars, and if convicted the second time not less than twenty dollars and not exceeding two hundred dollars, and be committed to jail until the fine in either case shall have been paid.

Sec. 3. It is hereby made the duty of the clerk of the county County clerk to court in each of the counties of this state, upon application being made to him, to grant and issue a license to any person applying for the same, granting them the right to offer and sell in the streets of the cities and towns and highways in this state, goods, wares, and merchandise, setting forth in said license the character of goods to be sold.

Sec. 4. For each and every license so issued the clerk shall de License fees mand and receive the sum of fifteen dollars per month and two dollars for his own fees. It shall be the duty of the clerk, on the first Monday of each month, to pay over to the county treasurer all moneys collected by him for licenses issued as aforesaid, and take his receipt for the same; he shall also keep a book in which shall be entered the name of the party obtaining the license, the date issued and setting forth the character of goods to be sold, which book shall be open to the inspection of any and all citizens of the county.

Sec. 5. It shall be the duty of the county treasurer to pay over to Application the treasurer of state, on or before the first Monday of January in each year, the half of the sums received for licenses as aforesaid ; the other half remaining in the county treasury for county purposes.

Sec. 6. It shall be the duty of the sheriff and each one of the Sherifits constables of this state to demand and examine the license of

any person or persons offering for sale any goods, wares, and merchandise in or upon the streets or highways as aforesaid, and whenever any person shall be found offering for sale any goods as aforesaid without a license, it shall be the duty of the officer to apprehend him or them and take them before some justice of the peace of said county, to be dealt with as this law directs; one half of the said fine shall be allowed and paid to the officer, and the other half paid into the county treasury for county purposes.

Sec. 7. The prohibition in this act shall not extend to the sale of Exceptions books, maps, charts, and stationery, and nothing in the preceding sections shall be deemed to impair the right of any incorporated city to grant licenses in the cases mentioned in this act; their authority is confined to grant such licenses by its act of incorporation.

of fees.

and constables to examine licenses.

from this act.

CHAPTER CLX.

AN ACT concerning Estray Animals.—[Passed May 1, 1851.]

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

Assembly, do enact as follows :

Finders of Section 1. Every person finding any stray horse, mare, colt, mule, stray animals to describe same jack, or jenny, or any pumber of these animals, upon his farm or to justice.

premises shall, within five days, if said animal or animals remain on his farm or premises, go before some justice of the peace of his township, and give under oath a full description of the marks and brands, color, and kind of such animals, also the time and all necessary information that will lead to the cause of said animal or animals coming to his farm or premises that may have come to his knowledge; and that the marks and brands have not been altered since they came to his farm or premises : Provided, no animal shall be considered an

estray, if the owner is known to the person finding it. Justice to record Sec. 2. It shall be the duty of the said justice to record the descripsuch description.

tion as above required, together with the full information given by the taker up, and the justice shall, within ten days, if the estray animals are not before proved by their proper owner, transmit a full transcript to the county recorder of his county, and the said recorder shall record the same in his estray book; said book shall be subject to examination by all persons making application to the recorder, as also the estray books of the justice of the peace; and any person claiming and proving .said stray animal or animals that have been posted by this act shall have restitution of the property so claimed by paying all costs and such charges as may be awarded to the taker up by the justice of the peace of his county, if entitled to compen

sation under this act. Penalty for Sec. 3. Any person knowing of any borse, mare, colt, mule, jack, or violating this act.

jenny, or any number of those animals running at large on his farm or premises, not knowing the proper owner, who neglects or refuses to comply with the requisitions of the foregoing sections, shall be subject to a fine not exceeding the value of the stock so neglected to be

posted. Using stray

Sec. 4. No person shall be allowed any charges for the taking up of any animals described in the foregoing sections that has taken them into use or allowed it or them to be used by his consent, but the taker up shall be allowed to use said animal or animals within their county, and shall only be accountable for said estray animal or ani.

Restitution to owner.

animals.

mals when taken out of the county in which they are posted, either by the taker up or by any other person with his consent, or for cruel or harsh treatment; in such cases the taker up shall be liable to the proper owner for all damages that may accrue thereby: Provided, that the taker up of any horse, mare, mule, jack, or jenny, shall not be made liable to any action for damages, by reason of taking either of these animals out of the county after the expiration of twelve months from the time said animal or animals were posted, but shall return the animal or animals to the proper owner or pay the value thereof when legally proved and charges paid as hereafter provided. Sec. 5. Every owner, occupant, or superintendent of any farm in Duty of finder

of stray cattle. this state finding or knowing any stray cattle running on their farm or having knowledge of any stray sheep, goats, or hogs thereon, without knowing the proper owner, shall, within three months of the time of such knowledge, go before some justice of the peace of the proper township, if said stray animals remain on his farm as aforesaid, and make oath of the time of their coming on the farm, their marks and brands, if any, and a full and fair description of such estrays, with such circumstances within his knowledge as may lead to the cause of their coming to the farm. It shall be the duty of said justice to record the same in full in his estray book. Any person failing or refusing to comply with the requisitions of the foregoing section shall be subject to a fine not exceeding the value of the stock so neglected to be posted, recoverable before any court having jurisdiction of the

same.

Sec. 6. The owner of any stray animal which is legally taken up Removal of

stray animals under the provisions of this act shall not be permitted to take, by owner. lead or drive the same from the farm or possession of the person legally possessed of such animal, until proven and charges paid according to the provisions of this act, and any person knowingly and wilfully violating the provisions of this section shall be subject to all the penalties that he would be subject to under the statute law, provided he had no claim on said animal.

Sec. 7. If any one shall renuove any stray animal from any rancho By person not contrary to the provisions of this act, who shall not be the owner of the same, he shall be deemed guilty of a grand larceny.

Sec. 8. In all cases where services are performed by any officer or Fees for services person under this act, the same fees shall be allowed as are allowed for similar services under the “ Act concerning water craft found adrift and lost money and property.” All costs and charges accruing under this act shall be paid by the person taking up the stray animal or animals, but shall be reimbursed by the owner upon proof and delivery of his property.

the owner.

under this act.

Act not to
extend to certain
counties.

Sec. 9. The counties of San Diego, Santa Barbara, San Luis Obispo, Los Angeles, Monterey, Santa Cruz, Santa Clara, Marin, Sonoma, Mendocino, and Napa, are hereby excluded from the provisions of this act.

CHAPTER CLXI.

AN ACT to fund the Debt of the State. (1) [Passed April 29,

1851.]

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

sembly, do enact as follows :

Bonds to amount of $700,000 to be prepared.

SECTION 1. With a view to fund the present debt, and thereafter to collect the revenue of the state in gold and silver only, the trea. surer of the state of California shall cause to be prepared bonds to the amount of seven hundred thousand dollars, in sums of five bundred dollars, bearing interest at the rate of seven per cent. per annum from the date of their issue. Three hundred and fifty thousand dollars of said bonds shall be payable in the city of New York, on the first day of March, A. D. one thousand eiglat hundred and fiftyfive, and the remaining three hundred and fifty thousand dollars shall be payable, also, in the city of New York, on the first day of March, A. D., one thousand eight hundred and sixty-one. The interest accruing on the said bonds shall be due and payable on the first day of January next, after which time the interest shall be due and pas. able on the first day of July and January of each year. The interest may be made payable either in the city of New York or at the office of the treasurer of the state. Said bonds shall be signed by the governor and countersigned by the comptroller, and endorsed by the treasurer of the state, and shall have the seal of the state affixed thereto.

Sec. 2. Coupons for the interest shall be attached to each bond so that the coupon may be removed without injury or mutilation to the bond; said

coupons shall be signed by the treasurer of state, and it shall be his duty to advertise in one or more newspapers published in New York and San Francisco where the interest on said bonds are made payable, at least twenty days immediately preceding the day on which the same shall be due, stating at what office or banking house the said interest will be paid.

Coupons, for interest.

(1) For supplementary act, see next chapter. For funding act of 1852, sce chapter 163.

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