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Commissioners to determine upon a plan.

Capacity of

prison building.

Commissioners to advertise for proposals.

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
completed
within a period

SEC. 3. Said board of commissioners shall determine upon a suitable 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.

SEC. 4. After the adoption of the plan aforesaid, for the prison 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 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.

upon by the

Payments to be made in bonds of the state, payable in ten years, with

seven per cent.

semi-annually.

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 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 of seven per cent., payable, semi-annually, at the office of the treas urer of state, which bonds shall be signed by the governor, and countersigned 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 twentyninth, one thousand eight hundred and fifty-one.

Form of bonds.

validity as the

bonds of 1851.

Payments to contractor.

Commissioners to ascertain the

executed, and

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 thus certified, payable out of the bonds herein provided for: Provided, that the sums so paid shall not exceed eighty-five per cent. on the amount actually expended, as certified by the board of commis sioners, until the completion of the prison provided to be erected by this act, unless otherwise ordered by legislative enactment.

certify the same to comptroller. Bonds to issue for eighty-five

per cent. of the

amount, unless otherwise

ordered by the

legislature.

not to be

contract, etc.

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 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.

erected at San

its construction,

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., now provided, 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.

cost does not

the general

addition to the

declared null

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.

of 1852 repealed.

SEC. 12. The act entitled "An act providing for the erection of a State prison act state prison," approved May first, one thousand eight hundred and fifty-two, is hereby repealed.

state prison purposes. Amount.

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.

it

After payment

of interest the

set

balance to be

the

set apart as a

sinking fund for

the redemption of bonds under this act.

SEC. 14. The treasurer of state shall, after paying the interest as becomes due upon the bonds authorized to be issued by this act, apart the residue of said fund, as a sinking fund, to be applied to redemption of the bonds herein authorized to be issued. SEC. 15. Thirty days prior to the first Monday in July, one thousand eight hundred and fifty-five, and thirty days prior to the first 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.

Treasurer of yearly for

state to advertise

proposals for the

bonds issued

Treasurer to examine the bids in presence of comptroller and secretary of

state, and award to the lowest bidder.

This act to cease when the prison debt is paid.

Each bidder to deposit a bond that he will comply with his bid.

If bid be accepted, the bond to be forfeited if not

complied with.

Duties of district attorney.

Shall not act as attorney for claims against

his own county.

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 trea surer 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.

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:

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)

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

appear and

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.

where fees are

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.—[Pas-
sed May 17, 1853.]

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

1

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

Salary for county judge of San

county.
Of Sacramento,
San Joaquin

3d. Of the counties of Calaveras, Tuolumne, El Dorado, Yuba and Mariposa

and Nevada, each, four thousand dollars.

counties.
Of Calaveras,
Tuolumne, El

4th. Of the county of Placer, three thousand five hundred dollars, Dorado, Yuba

and of the county of Solano, three thousand dollars. (1)

and Nevada.
Of Placer county.
Butte, Shasta,

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

Alameda, Contra
Costa and Yolo.

of Tulare, Napa,
Sonoma, Colusi,

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

Clara, Sierra and
Humboldt.
Of Los Angeles,

7th. Of the counties of Los Angeles, Klamath, Siskiyou and Klamath, Monterey, each, one thousand five hundred dollars.

Siskiyou and
Monterey.

and Santa Cruz.

San Luis Obispo.

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 one thousand dollars. SEC. 2. The county auditor of each county shall, quarterly, on the County auditor first judicial days of the months of January, April, July and Octo- warrant for salary quarterly.

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

shall issue

Salary of associate justices of court of sossions.

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 manner as other warrants drawn on the county treasury.

SEC. 3. The associate justices of the court of sessions of each county, shall each be allowed eight dollars for every day's actual attendance 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.

certify the number of days in attendance.

Act not to affect salaries of judges now in office.

SEC. 4. Nothing in this act shall be so construed as to affect the 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

county judges excepted.

Former act repealed.

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

Former act amended.

Certain rivers declared navigable.

San Jose river.

CHAPTER CXCVII.

AN ACT to amend an Act entitled “An Act declaring certain Rivers and Creeks navigable, passed February eighteenth, one thousand eight hundred and fifty-one. (1)—[Passed May 17, 1853.]

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

(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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