Page images
PDF
EPUB

legal records, and all instruments therein recorded shall have the same force and effect in law as if duly recorded in the appropriate books of record of such county at twelve o'clock, M., of the said first day of June, and all copies thereof duly certified or proved, shail thereafter have the same force and effect as other copies of record of said office.

Sec. 2. The record of all deeds and other instruments required by law to be recorded, and which are recorded in any of said books, shall, after twelve o'clock, M., of said first day of June, as in other cases provided by law, be constructive notice to all persons of the contents thereof.

Certain records of deeds made evidence of the contents thereof.

CHAPTER CCX.

AN ACT to fix the Times for holding the Terms of the District Court

throughout this State.—[Passed May 18, 1853.]

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

Assembly, do enact as follows :

Terms of district court.

First district county of San Diego. Los Angeles county

county.

Santa Barbara county.

San Luis

SECTION 1. The several terms of the judicial districts in this state during each

year, shall commence as follows: 1st. In the first judicial district : In the county of San Diego, on the third Monday of April, August, and December; in the county of

Los Angeles, on the third Monday of March, July, and November; in San Bernardino the county of San Bernardino, on the third Monday of February,

May, and October. Second district, 2d. In the second judicial district: In the county of Santa Bar

bara, on the first Monday of May, August, and November; in the

county of San Luis Obispo, on the first Monday of March, June, and Obispo county.

September. Third district, 3d. In the third judicial district: In the county of Santa Clara,

on the third Monday of January, April, July, and October ; in the

county of Alameda, on the third Monday of February, May, August, Monterey Co. and November; in the county of Monterey, on the second Monday of

March, June, September, and December; and in the county of Santa
Cruz, on the first Monday of April, July, and October.

4th. In the fourth judicial district, on the first Monday of Feb

ruary, April, June, August, October, and December. Fifth district, San

5th. In the fifth judicial district : In the county of San Joaquin, Joaquin Co.

on the third Monday of January, April, and July, and on the second Monday of October ; in Calaveras county, on the first Monday of

Santa Clara Co.

Alameda Co.

Santa Cruz Co.

Fourth district.

Calaveras Co.

Solano Co.

Butte Co.

February, June, and October ; in Tuolumne county, on the third Tuolumne Co. Monday of February, June, and October ; in Mariposa county, on the Mariposa Co. first Monday of March, July, and November.

6th. In the sixth judicial district, on the first Monday of February, Sixth district. April, June, August, October, and December.

7th. In the seventh judicial district : In the county of Solano, on Seventh district. the third Monday of January, April, and October; in the county of Contra Costa, on the first Monday of January, April, and October ; Contra Costa Co. in the county of Napa, on the first Monday of February, May, and Napa Co. November; in the county of Sonoma, on the third Monday of Febru- Sonoma Co. ary, May, and November ; in the county of Marin, on the first Mon- Marin Co. day of March, June, and December.

8th. In the eighth judicial district : In Humboldt county, on the Eighth district. first Monday of April, July, and October : In the county of Klamath, Klamath Co. on the second Monday of April, first Monday in June, and second Monday in October ; in Siskiyou, on the first Monday in May, August, Siskiyou Co. and November.

9th. In the ninth judicial district: In the county of Butte, on the Ninth district. second Mondays of March and June, on the fourth Monday of August, and on the third Monday of December; in the county of Shasta, on Shasta Co. the fourth Monday of March and June, on the second Monday of September, and fourth Monday of November; in the county of Trinity, Trinity Co. on the second Monday of April and July; on the fourth Monday of September, and on the second Monday of November ; in the county of Colusi, on the first Monday of May and August, and on the third Colusi Co. Monday of October.

10th. In the tenth judicial district : In the county of Sutter, on the Tenth district. second Monday of February, May, and October; in the county of Yuba, on the third Monday of February, May, August, and first Mon- Yuba Co. day in December; in the county of Nevada, on the third Monday of Nevada Co. March and June, and on the second Monday of September and November; in the county of Sierra, on the fourth Monday of April, July, Sierra Co. and October.

11th. In the eleventh judicial district: In the county of El Dorado, Eleventh istrict. on the fourth Monday of January, on the second Monday of May, and on the third Monday of August and November ; in the county of Placer, on the second Monday of January, and the third Mondays of Placer Co. April, July, and October; in the county of Yolo, on the third Mon-Yolo Co. day of March, August, and December. (1)

Sutter Co.

(1) The act to fix the time of holding court in the eleventh judicial district was in type before this was received, but is now superseded by this general act See ante, p. 211.

Former acts repealed.

Sec. 2. All laws, and parts of laws, conflicting with any of the provisions of this act, are hereby repealed.

CHAPTER CCXI.

AN ACT to protect the Archives of State and prevent their Remoral

from Benicia.- [Passed May 18, 1853.]

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

Assembly, do enact as follows :

Writs or orders for removal of archives, etc., from Benicia, to be disregarded by state officers.

Section 1. It shall not be lawful for any court of justice in this state, or any judge, to grant a writ of mandamus, or any other writ or order against the officers of state, or either of them, for the purpose of compelling the removal of the archives of the state, or any of the state offices from the city of Benicia to any point or place in this state, and any writ so issued shall be disregarded by each and every officer of state, whose duty it is to keep an office at the seat of government, without rendering him or them liable for a contempt of court.

CHAPTER CCXII.

AN ACT prescribing the Manner of applying for Pardons.—[Passed

May 18, 1853.]

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

Assembly, do enact as follows :

made in accordance with provisions of this act.

Notice of the intended application shall

SECTION 1. That all pardons hereafter applied for, to the governor Applications for pardon shall be of this state, by or on behalf of any person or persons convicted in

any of the courts of this state, of any crime punishable by imprisonment in the penitentiary, and sentenced to such imprisonment, shall be made and conducted according to the provisions of this act.

Sec. 2. Notice shall be given to the judge of the court in which

the indictment was found or the conviction had, and also to the disbe made to judge trict attorney who prosecuted the indictment under which the prisoner

was convicted, of the intention to make application to the governor tion was had.

for pardon, by the party intending to make the application, at least thirty days before the application shall be considered by the governor, and a copy of the notice, acknowledged by the judge, shall be

which the convic

forwarded to governor

forwarded to the governor by the county clerk. The notice shall set Copy to be forth the name or names of the person or persons in whose behalf application is intended to be made, the crime of which he, she or they have been convicted, the time such conviction was had, and the term of sentence. Sec. 3. The clerk of the county in which the conviction was had, Notice to be

published by the shall cause a copy of the notice to be published in some newspaper county clerk, published in the county, for at least twenty days before the applica- notified thereof. tion shall be considered by the governor, or if no newspaper be published in the county, then a copy of the notice shall be posted by the clerk upon

the door of the court house twenty days prior to the consideration of the application by the governor; and the clerk shall, immediately upon inserting or posting the notice as herein provided, notify the governor thereof, which notification to the governor shall be considered evidence prima facie that the law in this particular has been complied with.

Sec. 4. That in any and every case in which there is imminent dan- Provisions of ger of the death of any person or persons so committed or imprisoned, in cases where and which fact shall appear by the certificate of the physician of the apprehended. penitentiary and the warden thercof, the foregoing provisions of this act shall not be considered to apply.

Sec. 5. Nothing in this act contained shall be so construed as to Governor way prevent the governor of this state from pardoning a convict within whose term of

imprisonment is from one to ten days prior to the expiration of his or her term of within ten days imprisonment, without the applicant or applicants being compelled expired. to comply with the provisions of this act, nor shall this act be so construed as to authorize the governor to grant a pardon to any individual, unless, in his opinion, the person or persons making application are proper subjects for the exercise of executive clemency.

Sec. 6. The expenses of publications provided for by this act, shall Expenses of be paid by the party making the application; and it is hereby express- be paid by the ly provided that the judge or clerk shall charge no fee on account of No fees to be any service required of them under this act: And provided further, judge or clerk. that any judge or clerk refusing or neglecting to comply with the pro- non-compliance visions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be removed from office.

with this act.

CHAPTER CCXIII.

AN ACT amendatory of an Act entitled An Act to provide for the

Inspection of Flour,passed May third, one thousand eight hundred and fifty-two.—[Passed May 18, 1853.]

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

Assembly, do enact as follows :

Former act amended.

Governor to appoint for the term of two

Two for San

each for

Benicia,

San Diego.
To possess like
powers.

when called

the same with the brands

SECTION 1. The act entitled “ An act to provide for the inspection of flour,” passed May third, one thousand eight hundred and fifty-two, is hereby amended so as to read as follows: The governor of the

state, by and with the advice and consent of the senate, is hereby authorspectors of Hour. ized to appoint, for the term of two years, eight competent persons as inFrancisco; one

spectors of flour of the state of California, two to reside in the city of Sacramento,

San Francisco, one to reside in the city of Sacramento, one to reside Marysville, Stockton,

in the city of Marysville, one to reside in the city of Stockton, one to

reside in the city of Benicia, one to reside in the city of Monterey, Monterey, and

and one to reside in the city of San Diego, and the said inspectors shall possess like powers and perform the duties prescribed by this

act, within the ports for which they shall severally be appointed. Inspectors to Sec. 2. The inspectors appointed in accordance with the provisions inspect flour

of this act, shall, when called upon, inspect any flour that may arrive upon, and mark

at the ports of entry in this state for which they shall severally be herein set forth. appointed, and shall mark in a distinct and legible manner each barrel

or package as follows, according to the quality thereof—"Superfine," " Fine," "Middling,” “ Bad or condemned.” There shall also be branded on each barrel or package, the year, and month of the year

said flour was so inspected, together with the name of the inspector. False weights Each inspector shall correct any brand or mark which would give a

false weight to any barrel or package of flour.

Sec. 3. Every barrel or package containing flour not marked by in perfect bal} the inspector as provided in this act, shall have marked thereon in a

fair and legible manner the name of the vender of the same, and they provided in this shall also be marked “Superfine," " Fine," “ Middling,” “ Bad or

condemned,” according to their contents, and the number of pounds contained therein, which shall be deemed a warranty," by such

vender, that the barrel or package so marked is of the quality, and Penalty for contains the quantity so represented. Any person or firm who shall provision. sell or offer for sale any flour not marked as aforesaid, shall be liable

to it penalty of twenty cents for every barrel or package so sold or

and brands.

Flour not

vender in nianner as

section.

violating this

« PreviousContinue »