Sec. 14. It shall be the duty of said warden to make a monthly report to the board of supervisors of all meats, provisions, or other articles delivered to, or received by him, for said hospital, stating therein each separate article, the persons from whom received, and the date of its delivery, together with the price thereof, and when authorized to be purchased. It shall also be his duty to report to said board of supervisors quarterly, the amount of provisions, clothing and other articles supplied for said hospital that shall be on hand at the date of such report, also the time of service rendered by any employé in and about said hospital.

Sec. 15. It is hereby declared lawful, and the board of supervisors are hereby authorized to require of the wife and family of the warden, and any of the indigent sick capable of doing manual labor, to aid and assist in doing the service and labor required to be done in taking care of, nursing and feeding said sick, improving the grounds of said hospital, or other necessary work required to be done in and about the management and conducting said hospital, and for that purpose the board of supervisors may direct the warden to make use of and require such service and see that the same is rendered, so as to administer the affairs of the hospital as economically as possible.

Sec. 16. The board of supervisors shall pass upon all claims and charges against the said hospital at least once a quarter, and audit all just claims, and order warrants to be drawn, payable in cash, out of the hospital fund, for all claims and charges so audited and allowed. Sec. 17. The provisions of the foregoing sections of this act shall not be construed to in any manner impair any contract or contracts already made by the board of supervisors, for the care and maintenance of the indigent sick of Yuba county.

Sec. 18. It is hereby further enacted, in order to carry out the provisions hereinbefore provided, and to place the management of the hospital of Yuba county upon a cash basis, that the holders of any and all indebtedness, demands or claims, against the hospital of said county, that may have arisen or been incurred on account of said hospital, or the care and management of the indigent sick prior to the first day of October, eighteen hundred and sixty, whether in warrants, audited claims or otherwise, shall be entitled to the privilege of having the same funded by the funding commissioners of said county, under the provisions of an act entitled an act to provide for funding the indebtedness of the county of Yuba, approved March twentysixth, one thousand eight hundred and fifty-seven; provided, such funding shall be done before the first day of January, one thousand eight hundred and sixty-one; and, provided further, that all unaudited claims shall be first audited and allowed by the board of supervisors.

Sec. 19. The said funding commissioners shall compute the amount of interest, and upon all warrants which may be presented to them for funding, from their date up to the time the same shall be funded, and shall issue to the holders of the same bonds in sums as provided in said act for the principal of said warrants, and all interests which may have accumulated upon the same up to the day of issue of such bonds.

Sec. 20. Said bonds shall bear the date of the day of their issuance, and shall bear interest at the rate of ten per cent. per annum, payable semi-annually, on the first day of January and July, of each year, from and after their date, until the same shall be paid and liquidated; said bonds and the interest to accrue thereon, shall be made payable at the office of the county treasurer, or in the city of New York, at the option of the person to whom the same shall be issued.

Sec. 21. Said bonds shall be in manner and form and signed by the same officers, as prescribed by the said act first above named; and the same provisions for the payment of the interest which may accrue thereon and for the final payment of the bonds when due, shall be made by the proper authorities as by law are prescribed for the payment of the bonds heretofore issued under the provisions of said act.

Sec. 22. The funding commissioners shall receive in payment of all services required to be performed by this act, the same compensation as is provided by the act first above named. Sec. 23. The county treasurer shall, at all times hereafter, retain in his hands funds sufficient to pay the interest that may accrue on said bonds, from January to July of each year, and every year until the first day of April of each and every year, and the holder or owner of any of said bonds may, at any time, between the first day of January and the first day of April of each and every year, present to the county treasurer of said county, at his office, the coupons for the interest to become due on the first day of July then following, and the county treasurer shall pay and cancel the same, deducting therefrom three per cent. on the dollar for all coupons so paid, and the three per cent. so retained and deducted by the county treasurer, shall by him be set over to the general fund of the county, to be used for county purposes as directed by law; provided, that all coupons not presented and canceled as herein provided, the treasurer shall provide for and pay as provided in "An Act to provide for Funding the Indebtedness of the County of Yuba," approved March twenty-sixth, one thousand eight hundred and fifty-seven.

Sec. 24. It shall not be lawful for the board of supervisors of the county of Yuba, except as this act provides, to make any assessment or levy any tax to be used or applied in any way for the payment or liquidation of any of the indebtedness mentioned in section eighteen of this act, and it shall not be lawful to pay any such indebtedness otherwise than by funding the

1

same and paying such funding bonds and the coupons thereon; and every such assessment or tax laid, or provision made for the payment thereof, contrary to the provisions of this act, shall be absolutely null and void; provided, that any indebtedness now existing against the hospital fund of said county of Yuba, shall be entitled to be paid in its regular order, as heretofore, out of any moneys in said fund, up to and including October first, A. D. one thousand eight hundred and sixty; after which time it shall not be lawful to pay any of the indebtedness mentioned in section eighteen of this act, except as directed by the provisions of this section.

STALLIONS.

Act of March 28, 1859, to prevent Stallions running at large in the county of Sacramento. (Extended, March 20, 1860, to the counties of Sutter, Alameda, Yuba, El Dorado, Placer, Santa Cruz, Calaveras, Amador, Santa Clara, Mariposa, Merced, Yolo, and Stanislaus.)

ART. 518, Sec. 1. From and after the passage of this act, it shall not be lawful for the owner or owners of stallions to allow the same to run at large in the county of Sacramento.

Sec. 2. If any owner or owners, or the agent of such owner or owners, shall permit any animal, as aforesaid, contrary to the first section of this act, to run at large, it shall be lawful for any person injured thereby to bring suit before any justice of the peace, in the proper township, against the person or persons so offending, who, upon conviction, shall be fined in any sum not less than twenty dollars, nor more than one hundred dollars, to be collected as fines are now collected by law.

Sec. 3. Should any such animal as aforesaid be found trespassing upon lands or possessory claims of another, the person owning the land or possessory claim may take up and safely keep such animal, and when so doing, shall give the owner or owners thereof five days' notice, that such animal is in his or their possession; and if, at the expiration of the aforesaid time, the owner or owners, or the agent of such owner or owners, shall neglect or refuse to remove such animal, and pay for all reasonable costs for keeping the same, then the owner or owners of the land or possessory claim may cause such animal to be emasculated; provided, however, that the emasculation of such animal shall not release the owner or owners thereof from the penalty imposed by section two of this act.

Sec. 4. Should the owner or owners of such animal be unknown, then, in that case, it shall be the duty of the person in whose possession the animal may be, to forthwith give notice, with a description of the animal, its marks or brands, in some paper published in the county, for three successive weeks, calling upon the owner or owners to come forward and claim his or their property; and if, at the expiration of one month thereafter, no such owner or owners shall appear, then it shall be the duty of the person having possession of such animal to deliver the same to the constable of the proper township, whose duty it shall be to publicly dispose of the same to the highest bidder; and after paying all expenses necessarily connected with such animal, to pay the remainder into the county treasury, to be credited to the common school fund; provided, however, that, should the owner or owners make claim to such property previous to sale being made, nothing in this act shall be so construed as to exempt them from all the expense incurred, or from the penalties imposed therein.

Sec. 5. This act shall take effect from and after the first day of May, A. D. eighteen hundred and fifty-nine.

ARTICLE

SUPERVISORS-COUNTY.

ARTICLE

519. 1. Wharves may be built on overflowed lands. 520. Power of perfecting and correcting records.
Dimensions of wharves. 2. Plans to be deposited
with recorder. 3. Petition to board of super-
visors. 4. Grant of privilege, and conditions. 5.
Record and effect of grant. 6. Rates of toll or
wharfage. 7. Wharves considered personal prop-
erty. Tax sale. Transfers. 8. Record of plans
and deeds. 9. Certain lands excluded from act.
10. Wharf to be finished within a year from
grant.

521. Terms of office in certain counties extended.
522. Extension of term; change of manner of elec-
tion; duties and powers in certain cases in El
Dorado county.

523.

Relative to supervisors in Tuolumne county. 524. In San Diego county. 525. In Del Norte county. 526. In Mendocino county.

Act of April 8, 1858, to authorize the Boards of Supervisors of the several Counties of this State to grant the right to construct Wharves on the Overflowed Lands of this State.

ART. 519, Sec. 1. Citizens of this state are hereby authorized to build wharves on the overflowed and submerged lands of this state, by complying with the provisions of this act; pro

vided, any wharf built by the authority of this act is not over one hundred and fifty feet in length, when built on a bold shore; and not over seventy-five feet in width, where extended into the water such a distance that water-craft may load and unload on two sides and one end of the same. Any wharf built by authority of this act, may extend into the water any distance that will not interfere with the free navigation of any bay, creek, inlet, or river, on which the same may be situated.

Sec. 2. Persons desiring to build wharves in front of their land, or in front of any public land of which they are in the lawful possession, on any of the submerged or overflowed land of this state, extending into navigable water, shall make a plan of the wharf they desire to build, and write thereon the name of the bay, creek, inlet, or river, on which the same is to be built; which plan shall be deposited with the recorder of the county in which the land is situated, to be entered on record.

Sec. 3. After the person wishing to build a wharf shall have deposited the plan, with the name of the creek, bay, inlet, or river, on which the same is to be built, written thereon, with the recorder, as required in the last preceding section, he shall petition the board of supervisors of the county in which the location is situated, (which petition shall be accompanied with the recorder's certified copy of the plan and name,) to grant to him the right prayed for, for a term of years not exceeding twenty-five.

Sec. 4. Upon the presentation of the petition and plan, as required in the last preceding section, to the board of supervisors of the county in which the location is situated, the said board are hereby authorized and empowered, if they believe the public good will thereby be promoted, to grant to the petitioner the right to erect the wharf prayed for, and to use the same for a term of years, not exceeding ten, together with the further right to keep unincumbered a strip of the overflowed and submerged land on each side of said wharf, fifty feet in width, from high water mark to navigable water; which two strips of overflowed and submerged land shall be used for the purpose of landing and unloading of water-craft, and for no other purpose. Said board of supervisors may also grant to said petitioner the right of way over any swamp land belonging to the state, and lying between said wharf and the high or dry land, to the extent of fifty feet in width, for the same number of years for which the right to build and maintain the wharf is granted.

Sec. 5. All grants made by authority of this act shall be in writing, and signed by a majority of the board of supervisors making the grant, and shall be recorded in the office of the county recorder of the county in which the wharf is to be located; which shall vest in the grantee, his heirs, executors, administrators, and assigns, the sole and exclusive right to use the land for the purposes set forth in this act. When the said rights shall have been granted, in accordance with the provisions of this act, the same shall remain inviolate; provided, the grantee, or his legal representatives, shall keep the road and wharf in good repair, and fit for use at all times.

Sec. 6. When any wharf shall have been built under the authority of this act, the board of supervisors of the county where the same is located, shall fix reasonable rates of toll or wharfage, and furnish a certificate of such rates to said owner, who shall then be authorized to charge and collect the rates so fixed, and not otherwise; provided, said board of supervisors may change or alter the rates, so fixed, as often as once in each year, after the first two years. Sec. 7. All wharves constructed by authority of this act, shall be deemed personal property, for the purpose of taxation, and shall be assessed and taxed as such, in the counties where they are located; but no tax sale shall pass any greater right or title than this act allows to be granted by said supervisors. All transfers shall be by deed, and recorded in the county where the same is situated.

Sec. 8. The county recorders of the several counties of this state, are hereby authorized and required to receive and record, in the same manner, and in the same order as the law requires them to receive and record deeds of real estate, all plans and deeds that may be made by authority of this act, and may demand and receive, in advance, the same rate of fees they are now allowed by law for similar services in the recording of deeds of real estate.

Sec. 9. All of the lands lying between Fort Point and Hunter's Point, in front of the city and county of San Francisco, or within the limits of any incorporated city in this state, are excluded from the provisions of this act.

Sec. 10. No grant made under the authority of this act, shall vest in the grantee any right whatever, unless the wharf designed to be built shall have been finished in one year from the date of the grant.

Act of April 15, 1858, to legalize and amend the County Records in the Counties of this State. ART. 520, Sec. 1. In any county of this state, where it shall appear to the board of supervisors that the records heretofore made are defective, by reason of defaced, mutilated, or imperfect indexing, it shall be the duty of the clerk, or recorder, upon the order of the board of supervisors, to have the same corrected, by making new indexes in place of such as are so defaced, mutilated, or imperfect; such new indexes shall contain all the names of the grantors and grantees, mortgagors and mortgagees, in every instrument recorded, and to which

such indexes refer; provided, that the original indexes shall be carefully preserved in the office of the clerk or recorder, for reference; provided, that the provisions of this act shall not apply to the counties of Sacramento, Nevada, Sierra, and Placer.

Sec. 2. The fees for the services herein imposed shall be the same as allowed by law for like services in other cases, and be paid as other county debts.

Act of April 26, 1858, to extend the Terms of Office of the Boards of Supervisors of certain Counties of this State ART. 521, Sec. 1. The boards of supervisors of the counties of this state, shall, after the terms of office of the present incumbents expire, consist of three members, who shall hold their offices for three years, except as hereinafter provided.

Sec. 2. At the next general election, there shall be elected, in each of the supervisor districts of the counties of this state, by the qualified electors thereof, one supervisor; the supervisor of the first district to go out of office at the expiration of one year; the supervisor of the second district to go out of office at the expiration of two years; and the supervisor of the third district to go out of office at the expiration of three years; so that after the next general election, there shall be annually elected one supervisor.

Sec. 3. Whenever it becomes necessary to elect a supervisor to fill any vacancy, occasioned by death, resignation, or any other cause, the person elected shall hold his office for the unexpired period for which his predecessor was elected.

Sec. 4. The board of supervisors of each of the counties of this state, where the supervisor districts have not been defined or laid out into districts, shall, on or before the next regular meeting of said board, in August, eighteen hundred and fifty-eight, district their several counties into three supervisor districts, with due regard to the amount of population and topography of said county, causing the said districts to contain, as nearly as possible, an equal amount of population, and declare and define the boundaries thereof, and they shall number the same, consecutively, from one to three.

Sec. 5. The board of supervisors, hereafter to be elected, shall have the power, at their regular meetings, to alter the bounds of the supervisor districts, if they think proper, and shall, in case the boundaries of their counties be changed, immediately redistrict their counties in conformity with the provisions of section four of this act.

Sec. 6. The supervisor filling the term nearest expiration, shall be chairman of said board; provided, that in no instance shall this provision apply to a member of the board elected to fill a vacancy, unless each member composing said board shall have been elected to serve out an unexpired term.

Sec. 7. Whenever any supervisor removes from the district for which he shall have been elected, his office shall be deemed vacant, and such vacancy shall be filled as provided by law. Sec. 8. So much of an act entitled "An Act to create a Board of Supervisors in the Counties of this State, and define their Duties and Powers," approved March twentieth, one thousand eight hundred and fifty-five, as conflicts with the provisions of this act, is hereby repealed. Sec. 9. The provisions of this act shall not apply to the counties of Placer, Shasta, Trinity, Siskiyou, Tehama, Colusa, Stanislaus, Contra Costa, San Joaquin, Butte, Klamath, Humboldt, Del Norte, El Dorado, Sacramento, Santa Barbara, San Luis Obispo, San Bernardino, and the city and county of San Francisco, Mariposa, Tulare, Merced, Fresno, Alameda, San Mateo, Tuolumne, San Diego, and Los Angeles.

Act of April 6, 1858, to extend the Term of Office, change the Manner of Election, define the Duties and Powers in certain cases, and establish the Salaries of the Supervisors of El Dorado county.

ART. 522, Sec. 1. At the next general election, there shall be elected, in El Dorado county, three supervisors, who shall be elected by the qualified electors of each district, who shall hold their office for the term of one, two, and three years, respectively; and at the first meeting of the board of supervisors of said county, after their election, they shall draw lots for the terms one, two, and three years, respectively; and the supervisor who draws one year, shall hold office for one year from the time of his election, or until his successor is elected and qualified; and the supervisor who draws two years, and the supervisor who draws three years, shall hold office for the term of two and three years, respectively, and until their successors are elected and qualified.

Sec. 2. Said supervisors shall be qualified electors of the respective districts which they represent, and shall be elected by the qualified electors of their respective districts. There shall be one supervisor elected in said county every year thereafter, to hold office for the term of three years. They shall be elected by their respective districts, alternately, as the term of office of each supervisor expires.

Sec. 3. [See SALARY.]

Sec. 4. The supervisors of said county shall not act upon any bill or claim in which either of them may have a direct or contingent interest; nor shall they appoint either of their number to any position of honor or profit which they may be authorized by law to create or fill.

Sec. 5. The board of supervisors of El Dorado county shall meet regularly on the first Monday of each month in the year, at the county seat in said county, for the transaction of business, and shall continue for one week in session, or until all the business presented for

their action shall be completed. The board shall also meet on the second Monday after each general election, to canvass the election returns.

Sec. 6. If, by the death, resignation, or removal from the district, of either of the members of the board, or by any other cause, a vacancy should occur, it shall be the duty of the remaining members of the board to order an election immediately, in the district in which such vacancy shall occur; said election to be held within fifteen days from the date of said order, to elect a competent person to fill said vacancy, who shall be qualified agreeably to the requirements of this act, who shall serve to the end of the unexpired term.

Act of March 7, 1859, concerning the Board of Supervisors of the County of Tuolumne.

ART. 523, Sec. 1. The board of supervisors of the county of Tuolumne shall, after the terms of office of the present incumbents expire, consist of three members, who shall hold their offices for the term of three years, except as hereinafter provided.

Sec. 2. At the next general election, there shall be elected, in the county of Tuolumne, by the qualified electors thereof, three supervisors-one to hold his office for the term of one year-one to hold his office for the term of two years-and one to hold his office for the term of three years; and at the first meeting of the board of supervisors of said county after their election, they shall draw lots for the terms, one, two, and three years respectively; and the supervisor who draws one year shall hold office for one year from the time of his election; and the supervisor who draws two years, and the supervisor who draws three years, shall hold office for the term of two and three years respectively, or until their successors are elected and qualified; so that after the next general election there shall be annually elected one supervisor, to hold office for the term of three years.

Sec. 3. Whenever it becomes necessary to elect a supervisor to fill any vacancy occasioned by death, resignation, or any other cause, the person elected shall hold his office for the unexpired term for which his predecessor was elected.

Sec. 4. The supervisors of the county of Tuolumne shall receive, for their compensation, the sum of six hundred dollars per annum each; they shall do all the duties required of them by law to be done, and shall receive no other compensation for their services than is herein provided.

Sec. 5. The supervisor filling the term nearest expiration shall be chairman of said board; provided, that in no instance shall this provision apply to a member of the board elected to fill a vacancy, unless each member composing said board shall have been elected to serve out an unexpired term.

Act of April 15, 1858, relative to the Board of Supervisors of San Diego county.

ART. 524, Sec. 1. The supervisors of the county of San Diego shall have power to order, in their discretion, the publication, either in a newspaper, or otherwise, of all such matters required by law to be ordered published by them.

Act of April 21, 1860, fixing the times of the Meeting of the Board of Supervisors of Del Norte county. ART. 525, Sec. 1. The regular meetings of the board of supervisors of Del Norte county shall hereafter be held at the county seat of said county, on the third Monday of February, May, August and November, and shall continue until all the business before them is disposed of.

Act of March 11, 1859, organizing Mendocino county.

ART. 526, Sec. 13. The supervisors chosen under this act shall hold regular meetings for the transaction of county business, at the county seat, on the third Monday of each of the following months, viz., February, May, August, and November; two special terms, and no more, may be held within the same year, at the call of the president of the board. The supervisors shall be chosen from three different townships in the county.

JUDICIAL DECISIONS.

1. A conferring other than judicial functions on the court of sessions is unconstitutional and void; and any contract, not incident to their judicial functions, made by a court of sessions, under its provisions, is a nullity. Phelan v. San Francisco, 6 Cal. 531.

Such a contract could not be made valid by the subsequent ratification of the board of supervisors. Id. 2. Conceding that the purchase, by the court of sessions, of a lot of land for a court-house, was not void, but only voidable, the subsequent action of the board of supervisors, in taking care of and preserving the property, is not a ratification of the purchase which will bind the county. Id.

To charge them it should be shown that they acted with a full knowledge of the facts. Id.

3. A deliberative body like the board of supervisors cannot be bound by acts in pais; the best and only evidence of its intentions is the record of its proceedings. Id.

Moreover, such a deed was void for want of competent parties; as at the time of sale there was no person, in esse, capable of taking. Id.

4. The supervisors not being judicial officers, nor charged with judicial functions, the writ of certiorari cannot be directed to them. People v. Hester, 6 Cal. 679.

5. The supervisors exercise judicial, legislative, and executive functions, in matters of county police and fiscal regulations, and hence the writ of certiorari will lie to review their action. People v. Supervisors of El Dorado County, 8 Cal. 58.

6. The board of supervisors can create no debt or liability of the county for any purpose except as provided by law. Foster v. Coleman, 10 Cal. 278.