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Commissioners to determine upon a plan. Capacity of prison building.

to advertise for

Examination of proposals and award of contract.

Amount of contract shall not exceed $135,000. Contract to be secured by a bond And to be

within a period

Sec. 3. Said board of commissioners shall determine upon a suit. able plan for a state prison, and that said building shall be sufficient to accommodate at least two hundred and fifty prisoners safely, having

regard to the health as well as the safety of the convicts. Commissioners Sec. 4. After the adoption of the plan aforesaid, for the prison proposals. buildings, the board of commissioners shall advertise forty days in

three of the public newspapers of this state, for proposals for erecting the prison buildings aforesaid, according to the plan and stipulations advertised.

Sec. 5. At the expiration of the time specified in section four, the board of commissioners shall, in the presence of the governor, open and examine all the proposals that may have been received by them or either of them, and shall award the contract to the lowest respon sible bidder : Provided, no proposal shall be received and noted by said board, the amount of which shall exceed the sum of one hundred and thirty-five thousand dollars.

Sec. 6. The board of commissioners shall, on the part of the state,

enter into a contract with the person or persons to whom the contract completed is awarded for the building of the prison aforesaid, taking good and to be determined sufficient security for the faithful performance of the contract, and its commissioners. completion within the period to be determined upon by said board:

Provided, such contract shall not be for a sum exceeding one hundred and thirty-five thousand dollars.

Sec. 7. For the purpose of paying the contractor for the building

aforesaid, it is hereby made the duty of the treasurer of state to cause payable in ten

to be issued bonds of the state, of the denomination of five hundred interest, payable dollars, payable ten years after date, and bearing an annual interest semi-annually.

of seven per cent., payable, semi-annually, at the office of the treasurer of state, which bonds shall be signed by the governor, and coun

tersigned by the comptroller, and endorsed by the treasurer of state, To have the same and shall have the same forms and validity as the bonds issued under

“ An act to fund the indebtedness of the state,” passed April twenty

ninth, one thousand eight hundred and fifty-one. Payments to Sec. 8. The payment of the contractor shall be made monthly, and

for the purpose of ascertaining the amount due at the end of each

month, it is herein made the duty of said board of commissioners, to amount of work ascertain and certify the same to the comptroller of state, who shall

thereupon issue his warrants on the treasurer of state, in the sum to comptroller.

thus certified, payable out of the bonds herein provided for: Profor eighty-five per cent of the vided, that the sums so paid shall not exceed eighty-five per cent. on

the amount actually expended, as certified by the board of commisordered by the sioners, until the completion of the prison provided to be erected by

this act, unless otherwise ordered by legislative enactment.

Payments to be made in bonds of the state,

years, with seren per cent.

Form of bonds.

validity as the bonds of 1851.

contractor.

Commissioners to ascertain the

executed, and certify the same

Bonds to issue

amount, unless otherwise

addition to the

Sec. 9. The commissioners, or either of them, acting by virtue of Commissioners this act, shall not, either directly or indirectly, be in any manner in- interested in the

contract, etc. terested in any contract or undertaking, either for supplies, materials, or otherwise, in the erection of the buildings herein contemplated, and any violation of this section shall be held as a felony, and upon conviction before any competent tribunal, said commissioners, or either Penalty for

violating this of them, shall be fined in a sum not less than five thousand dollars, section. nor more than fifteen thousand dollars, or imprisoned in the state prison any time not less than five, nor more than ten years, or both such fine and imprisonment at the discretion of the jury.

Sec. 10. The said commissioners shall direct that the state prison Prison to be shall be erected upon the present prison grounds, at San Quintin Point, Quintin Point. in the county of Marin, and the present excavations, and such mate- Excavations, etc., rials as are now provided upon said grounds, by F. Vassault, shall shall be used in be used in completing said prison : Provided, the cost of such exca- provided the vations and materials shall not exceed the sum of eighteen thou- exceed $18,315. sand three hundred and fifteen dollars, which sum shall be paid out to be paid from of the general fund, and in fundable scrip; and is an additional ap- fund, and is in propriation to the one hundred and thirty-five thousand dollars appro- $135,000. priated by this act.

Sec. 11. The state prison contract, made and entered into by virtue Former contract of the act entitled “ An act providing for the erection of a state prison,” and void. passed May first, one thousand eight hundred and fifty-two, between F. Vassault, (or any other person or persons,) and the board of commissioners is hereby declared to be null and void from the beginning, and of no binding force or obligation upon the state or any officer thereof. Sec. 12. The act entitled “ An act providing for the erection of a State prison act

of 1852 repealed. state prison,” approved May first, one thousand eight hundred and fifty-two, is hereby repealed.

Sec. 13. There shall be levied and collected each year, a tax of state tax for four cents upon each one hundred dollars of taxable property in this state, for state prison purposes; the money thus collected shall be called a state prison fund.

Sec. 14. The treasurer of state shall, after paying the interest as it after payment becomes due

upon

the bonds authorized to be issued by this act, set balance to be apart the residue of said fund, as a sinking fund, to be applied to the sinking fund for

the redemption redemption of the bonds herein authorized to be issued.

Sec. 15. Thirty days prior to the first Monday in July, one thou- Treasurer of sand eight hundred and fifty-five, and thirty days prior to the first yearly for Monday of July, in each year thereafter, until the principal and in- redemption of terest of the debt hereby created shall be paid, the treasurer of state under the act.

state prison purposes. Amount.

of interest the

of bonds under this act.

state to advertise

Treasurer to
examine the bids
in presence of
comptroller and
secretary of
state, and award
to the lowest
bidder.

shall publish in two newspapers, in the city of San Francisco, a notice specifying the amount of money on hand, and set apart for the redemption of the said bonds, and that he will receive proposals for the redemption of that amount of bonds until the first Monday of July next, after the date of the publication of such notice.

Sec. 16. On the first Monday of July next, succeeding the day of the publication of the notice herein authorized to be made, the treasurer of state shall proceed to open the bids in the presence of the comptroller and secretary of state, and shall make the award in favor of the person or persons whose bid or bids may be most advantageous to the state : Provided, that no bonds shall be redeemed by the treasurer for more than their

par value. Sec. 17. The operation of this act shall cease as soon as the debt hereby created and the interest thereon shall be paid.

Sec. 18. Any person making a bid for the contract herein provided for, shall deposit a bond with sufficient security in the penal sum of ten thousand dollars, to be approved by the commissioners, conditioned to the faithful compliance with his bid, if accepted, that he will abide by the bid submitted by him, and that it was made in good faith ; and should his bid be the lowest and best bid, that he will abide the award of the contract made by the commissioners; and should he refuse to comply, the bond shall be forfeited to the state and be applied to the building of said prison.

This act to cease when the prison debt is paid. Each bidder to deposit & bond that he will comply with his bid.

If bid be accepted, the bond to be forfeited if not complied with.

CHAPTER CXCV.

AN ACT concerning the Auditing of Accounts by the Court of Ses

sions and Board of Supervisors.—[Passed May 12, 1853.]

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

Assembly, do enact as follows :

Duties of district attorney.

Section 1. The district attorney, when not in attendance upon the district court or court of sessions as criminal prosecutor, shall attend the sittings of the board of supervisors or court of sessions, (as the case may be,) when engaged in auditing accounts and claims brought against the county, and in all cases oppose such accounts or claims as he may deem unjust, illegal or extortionate.

Sec. 2. No district attorney, except for his own services, shall be allowed to present any claim, account or demand for allowance against his own county, or in any way to advocate the relief asked on the claim or demand made by another. (1)

Shall not act as attorney for claims against his own county.

(1) For act concerning district attorneys, see ante, page 373.

Sec. 3. Any person being a citizen and tax-payer of the county in Parties may which he resides, may appear before the board of supervisors or court oppose claims. of sessions, (as the case may be,) and oppose the allowance of any claim or demand made against the county : Provided, however, that Except in cases the provisions of this section shall not apply to cases where fees are allowed by prescribed by statute.

statute.

CHAPTER CXCVI.

AN ACT to fix the Compensation of County Judges and Associate

Justices of the Court of Sessions, and to repeal a like Act, passed April twenty-second, one thousand eight hundred and fifty.- (Passed May 17, 1853.]

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

Assembly, do enact as fotlows :

counties.

and Nevada.

Costa and Yolo.

Section 1. The county judges of the several counties in this state shall receive for their services, annually, the following sums : 1st. Of the county of San Francisco, six thousand dollars. Salary for county

judge of San 2d. Of the counties of Sacramento, San Joaquin and Mariposa, Francisco each, five thousand dollars.

Of Sacramento,

San Joaquin 3d. Of the counties of Calaveras, Tuolumne, El Dorado, Yuba and Mariposa and Nevada, each, four thousand dollars.

Of Calaveras,

Tuolumne, El 4th. Of the county of Placer, three thousand five hundred dollars, Doralo, Yuba and of the county of Solano, three thousand dollars. (1)

Of Placer county.

Butte, Shasta, 5th. Of the counties of Butte, Shasta, Sutter, Trinity, Alameda, Sutter, Trinity,

Alameda, Contra Contra Costa and Yolo, each, two thousand five hundred dollars.

6th. Of the counties of Tulare, Napa, Sonoma, Colusi, Marin, of Tulare, Napa , Santa Clara, Sierra and of Humboldt, (when organized) each, two Marin, santa thousand dollars. (2)

Humboldt.

Of Los Angeles, 7th. Of the counties of Los Angeles, Klamath, Siskiyou and Klamath,

Siskiyou and Monterey, each, one thousand five hundred dollars.

Monterey. 8th. Of the counties of Santa Barbara and Santa Cruz, each, one of Santa Barbara thousand two hundred dollars. 9th. Of the counties of San Diego and San Luis Obispo, each, San Diego and

San Luis Obispo. one thousand dollars.

Sec. 2. The county auditor of each county shall, quarterly, on the County anditor first judicial days of the months of January, April, July and Octo- warrant for

salary quarterly.

Clara, Sierra and

and Santa Cruz.

(1) Solano county was inserted from Stat. 1853, page 268.
(2) Sierra county was inserted from Stat. 1853, page 268.

of court of

ber of each year, draw his warrant on the county treasurer of his county, in favor of the county judge, for such portion of the salary of the county judge as may be due under the provisions of this act, which warrant shall be paid by the county treasurer in the same man

ner as other warrants drawn on the county treasury. Salary of

Sec. 3. The associate justices of the court of sessions of each counassociate justices

ty, shall each be allowed eight dollars for every day's actual attend. sossions.

ance at the terms of court, to be paid out of the county treasury, except in the counties of San Diego, Los Angeles, San Bernardino, Santa Barbara, San Luis Obispo, and Monterey, where they shall

each be allowed three dollars for each day's attendance as aforesaid. County judge to The county judge of their county shall certify as to the number of

days of their attendance at each term, and his certificate shall be sufficient authority for the county auditor to audit a claim and draw a warrant on the treasury for the amount.

Sec. 4. Nothing in this act shall be so construed as to affect the salaries of judges now in office. salary of any county judge now in office, but this act shall apply to Salaries of certain their successors to be elected hereafter : Provided, that the county

judges of the counties of Placer, Nevada, Trinity and Klamath, shall be entitled to receive, during the remainder of their term, the salaries

fixed by this act. “An act to fix the compensation of county judges repealed.

and associate justices of the court of sessions,” passed April twentysecond, A. D., one thousand eight hundred and fifty, is hereby re

certify the number of days in attendance.

Act not to affect

county judges excepted.

Former act

pealed.

CHAPTER CXCVII.

AN ACT to amend an Act entitled An Act declaring certain Rivers

and Creeks narigalle, passed February eighteenth, one thousand eight hundred and fifty-one. (1)—[Passed May 17, 1853.]

Former act amended.

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

Assembly, do enact as follows :

SECTION 1. The first section of an act entitled “ An act declaring certain rivers and creeks navigable,” passed February eighteenth, one thousand eight hundred and fifty-one, is hereby amended so as to read as follows: “Section 1. So much of the San Jose de Guadalupe river as lies between its mouth and Alviso ; and so much of a slough

Certain rivers
declared
navigable.
San Jose river.

(1) The act which this amends was in type before this act was received, and consequently occurs in its original from. See ante, page 247.

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