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treasurer of

attorney general

board of

accounts of the

abolished by

be paid by state

hospital fund.

SEC. 3. The comptroller and treasurer of state, together with the Comptroller, attorney general respectively, are hereby constituted a board of ex- state, and aminers of the accounts and demands owing by each of their [these] constituted a respective state hospitals, and the accounts and indebtedness of the examiners of the hospitals up to the period when, by the provisions of this act, the hospitals same are abolished, [and so much thereof as found to be just and this act. equitable by such board of examiners, or a majority thereof, shall, by the provisions of this act, the same are abolished?] and so much thereof as found to be just and equitable by such board of examiners, or a majority thereof, shall by them be certified to the state comptroller, who shall thereupon draw his warrant on the state treasurer in Balances due to favor of the president of each board of trustees respectively, to be paid treasurer from out of the fund provided for the support of state hospitals, by the several acts now in force or repealed by this act: Provided, if such In case of fund shall be insufficient to pay and discharge the full amount of such general fund. indebtedness so audited, the treasurer of state shall, and he is hereby authorized to pay to the president of the respective boards as aforesaid, the amount of such balance out of any moneys in the general fund not otherwise specifically appropriated by law: And further provided, if upon the examination of such accounts, and the payment and discharge of all the debts of each state hospital respectively, there shall exist any surplus funds belonging to such hospital, the same shall be paid into the hospital fund of this state. Provided further, Surplus to be that no power is hereby given to the trustees of said hospitals to hospital fund. contract for any thing which is not intended for the temporary sup- effect, necessary port of the sick only. SEC. 4. All laws or portions of laws conflicting or being inconsist- Conflicting acts ent with this act, are hereby repealed.

deficiency from

paid into the Until act takes

articles only to be purchased.

repealed.

of the act.

SEC. 5. This act shall take effect from and after the thirteenth day Commencement of June next ensuing.

CHAPTER CCV.

AN ACT to apportion the Senatorial and Assembly Districts of this

[blocks in formation]

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

district.

SECTION 1. The counties of San Diego, San Bernardino and Los Senatorial Angeles, shall be the first senatorial district, and shall elect one senator. The county of San Diego and the county of San Bernar- First: San Diego, dino, shall elect one member of assembly each; and the county of

San Bernardino,

counties.

Second: Santa

Barbara and San Luis Obispo counties.

and Santa Cruz counties.

Fourth: Santa Clara and Alameda counties.

cisco county.

and Tulare

counties.

Seventh: Tuolumne county.

Eighth San
Joaquin and
Contra Costa
counties.

and Los Angeles Los Angeles shall elect two members of assembly. The counties of Santa Barbara and San Luis Obispo shall be the second senatorial district, and shall elect one senator. The counties of Santa Barbara and San Luis Obispo shall elect one member of assembly each. The Third: Monterey Counties of Monterey and Santa Cruz shall be the third senatorial district, and shall elect one senator. The counties of Monterey aud Santa Cruz shall elect one member of assembly each. The counties of Santa Clara and Alameda shall be the fourth senatorial district, and shall elect one senator. The county of Santa Clara shall elect two members of assembly, and the county of Alameda Fifth: San Fran- shall elect one member of assembly. The county of San Francisco shall be the fifth senatorial district, and shall elect four senators, and Sixth: Mariposa shall also elect nine members of assembly. The counties of Mariposa and Tulare shall be the sixth senatorial district, and shall elect one senator. The county of Mariposa shall elect two members of assembly, and the county of Tulare one member of assembly. The county of Tuolumne shall be the seventh senatorial district, and shall elect two senators; and shall elect five members of assembly. The counties of San Joaquin and Contra Costa shall be the eighth senatorial district, and shall elect one senator. The county of San Joaquin shall elect two members of assembly; and the county of Contra Costa shall elect one member of assembly. The county of Sacramento shall be the ninth senatorial district, and shall elect two senators, and shall also elect four members of assembly. The counties of Tenth: Solano, Solano, Napa and Yolo, shall be the tenth senatorial district, and shall elect one senator. The counties of Solano, Napa and Yolo, shall each elect one member of assembly. The counties of Sonoma, Marin and Mendocino, shall be the eleventh senatorial district, and shall elect one senator. The counties of Sonoma and Mendocino shall elect two members of assembly, and the county of Marin shall elect one member of assembly. The counties of Trinity, Klamath, Twelfth: Trinity, Humboldt and Siskiyou, shall be the twelfth senatorial district, and Humboldt, and shall elect one senator. The counties of Trinity, Klamath, Humboldt, and Siskiyou shall elect one member of assembly each. The Thirteenth Co- Counties of Colusi and Shasta shall be the thirteenth senatorial district, and shall elect one senator. The counties of Colusi and Shasta shall each elect one member of assembly. The county of Butte shall be the fourteenth senatorial district, and shall elect one senator. county of Butte shall elect three members of assembly. The counFifteenth: Yuba ties of Yuba and Sutter shall be the fifteenth senatorial district, and shall elect three senators, of whom two shall be elected by Yuba and one by Yuba and Sutter jointly. The county of Yuba shall elect five

Ninth: Sacramento county.

Napa, and Yolo counties.

Eleventh: Sonoma, Marin, and Mendocino counties.

Klamath,

Siskiyou counties.

lusi and Shasta

counties.

Fourteenth:

Butte county.

and Sutter

counties.

The

da county.

Placer county.

Dorado county.

members of assembly, and the county of Sutter shall elect one member of assembly. The county of Nevada shall be the sixteenth sen- Sixteenth: Nevaatorial district, and shall elect two senators, and shall also elect five members of assembly. The county of Placer shall be the seventeenth Seventeenth: senatorial district, and shall elect two senators, and shall also elect four members of assembly. The county of El Dorado shall be the eighteenth Eighteenth: El senatorial district, and shall elect four senators, and shall also elect eight members of assembly. The county of Calaveras shall be the nine- Nineteenth: Calteenth senatorial district, and shall elect two senators, and shall also elect five members of assembly. The county of Sierra shall be the Twentieth: twentieth [senatorial] district, and shall elect one senator and two members of assembly.

averas county.

Sierra county.

senators at the

pro-
go out of office.

SEC. 2. At the next general election, the first, second, third, Districts to elect seventh, ninth, tenth, twelfth, thirteenth, fourteenth, sixteenth and next election. seventeenth districts, shall elect each one senator; the fifth, fifteenth, and nineteenth districts, shall elect each two senators; and the eighteenth district shall elect three senators. Of the senators When senators vided by this section to be elected at the next general election, four shall go out of office on the first Monday of January, one thousand eight hundred and fifty-five, to be determined by lot as follows: The How terms are to be regulated. three senators elected in the eighteenth senatorial district, shall determine which one shall go out of office on the first Monday of January, one thousand eight hundred and fifty-five. The senators elected in the fifteenth [senatorial] district, and the senators elected in the nineteenth [senatorial] district, shall in like manner, determine which member of each delegation shall go out of office on the first Monday of January, one thousand eight hundred and [fifty-five], and the senators elected in the first and twentieth [senatorial] districts, shall also determine by lot which one of their number shall go out of office on the first Monday of January, one thousand eight hundred and fifty-five.

be elected in

SEC. 3. At the general election to be held in one thousand eight Senators are to hundred and fifty-four, there shall be elected in the respective districts 1854. a number of senators corresponding to the number of those senators whose term of office expires on the first Monday in January, one thousand eight hundred and fifty-five: Provided, that the first sena- have but one

First district to

torial district shall be entitled to but one senator on and after the first senator. Monday in January, one thousand eight hundred and fifty-five.

78*

Prosecutions for

violation of revenue laws may be

transferred to

any other county than that in

which the offence

CHAPTER CCVI.

AN ACT in relation to Resistance of Payment of Revenue due the
State.-[Passed May 18, 1853.]

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

SECTION 1. Whenever the comptroller of state, or the attorney general of the state, shall be of opinion that any law of this state, in relation to the revenues thereof, has been so far violated as to require prosecution, as against persons charged with criminal offence or in was committed. civil action, and that justice will be promoted by the prosecution of any or all offenders in some other and adjoining county than that in which the offence, or the neglect, or the refusal to pay may have been committed, he may designate some other and adjoining county for that purpose, and direct the proper officers or attorney to institute and prosecute in the county so designated, all violations of the provisions of any law of this state requiring criminal prosecution or civil action which have been committed, or which may be committed in another county. Civil action may be had, or bills of indictment may be found, and trials had in all respects in the county so designated by the comptroller of state, or by the attorney general, in the same manner as though the offences had been committed or payment of revenue neglected, or refused, in the county in which the prosecution or civil action is had. For this purpose, the comptroller of state or the attorney general is authorized to call to his aid the district attorney, or such other counsel as he may designate, and the expenses thereupon, after approval by the governor, shall be audited and paid out of the general fund.

Comptroller or attorney general to direct proceedings and may obtain assistance

in enforcing this act.

Expenses to be

approved by governor.

Benicia declared the permanent seat of government.

CHAPTER CCVII.

AN ACT for the Permanent Location of the Seat of Government of the State of California.-[Passed May 18, 1853.]

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

SECTION 1. That the city of Benicia, situated on the straits of Carquines, shall be, and remain the permanent seat of government of the state of California in accordance with the constitution.

CHAPTER CCVIII.

AN ACT to amend "An Act to provide for the Redemption of
Comptroller's Warrants drawn on the General Fund," passed
April first, eighteen hundred and fifty-three. (1)—[Passed May
18, 1853.]

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

amended.

SECTION 1. Clause first, of section first, of the act to provide for Former act the redemption of comptroller's warrants drawn on the general fund, passed April first, one thousand eight hundred and fifty-three, is hereby amended so as to read as follows:

herein named

gold and silver.

First. Excepting the interest tax for the funded debt of the years Certain taxes eighteen hundred and fifty-one, and eighteen hundred and fifty-two, to be paid in and the interest tax of the state prison bonds of eighteen hundred and fifty-three, and the additional sum of ten cents on each one hundred dollars of valuation of taxable property levied for the payment of the interest accruing on the funded debt of eighteen hundred and fifty-two, and the seven per cent. bonds belonging to the school fund, for the fiscal year of eighteen hundred and fifty-three and four, all the above interest tax, amounting to thirty-nine cents on each one hundred dollars of valuation of taxable property shall be paid in legal currency of the United States, or in clean gold dust at the rate of seventeen dollars and fifty cents per ounce.

CHAPTER CCIX.

AN ACT to legalize certain Records of Deeds and other Instruments
in the County of Sacramento.-[Passed May 18, 1853.]

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

and records used

by H. A. Schoolcraft legalized.

SECTION 1. The books of records used by Henry A. Schoolcraft, Certain books for the record of deeds and other instruments, in writing, and deposited in the recorder's office in said county, shall, on and after the first day of June, one thousand eight hundred and fifty-three, be deemed

(1) For act which this amends, see ante, page 222, which was in type before this amendatory act was received.

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