CHAP. CL.-An Act for the Purchase and Preservation of Public [Approved April 8, 1862.] The People of the State of California, represented in Senate and 1909-436 Recorder. SECTION 1. The Recorders of the several counties of this Duties of State are hereby authorized and required to subscribe for such County newspapers, at least one, and not more than three, printed and published in their respective counties, as the Board of Supervisors therein may select and determine. SEC. 2. It shall be the duty of each County Recorder to re- Same. ceive and preserve every copy of the paper, or papers, so subscribed for, and from time to time cause the same to be properly arranged, and bound in volumes of convenient size, in a substantial manner, and said volumes, when bound, shall be kept in his office for the use of the Courts, when needed, of strangers, and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. For his services in this behalf, the Recorder shall receive the sum of ten dollars for each volume, and for neglect of the duties Penalty for hereby imposed shall forfeit the sum of fifty dollars, to be re- duty. covered with costs in a civil action before any Court, one half of which shall be paid into the County School Fund, and the other half to the person who shall prosecute such action to successful termination. neglect of SEC. 3. The subscription price for such paper or papers, the Payment. binding of the several volumes thereof, and the Recorder's compensation for the care and preservation of the same, shall be paid out of the General Fund of the county, in the same manner as other charges are audited and allowed from such fund by the respective Boards of Supervisors; provided, that in any Proviso. county in this State in which the County Recorder is compensated by a salary, said Recorder shall receive for such services no compensation additional to that of his salary, and the expense of procuring and filing such newspapers shall be paid as stationery and books for the office of said Recorder are now paid for. meanor. SEC. 4. Any person who shall wilfully abstract, destroy, mu- Misdetilate, or deface, any number, or volume, of such newspapers, purchased in pursuance of this Act, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding five Penalty. hundred dollars, or imprisonment in the county jail not more than six months, or both such fine and imprisonment, in the discretion of the Court; provided, that one half such fine shall be Proviso. paid into the School Fund of the county wherein such offender may be convicted, and the other half to the person who shall make the complaint. Act amended CHAP. CLI.-An Act to amend an Act entitled an Act to authorize the Guardian of Minna C. Buchanan to sell and dispose of her Real Estate and Chattels Real, passed March fourteenth, eighteen hundred and fifty-six. [Approved April 9, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. The Guardian of Minna C. Buchanan, the posthumous daughter of the late Robert B. Buchanan, deceased, of the City of Marysville, Yuba County, is hereby empowered and authorized, and any Guardian or Guardians of said child, hereafter appointed by the Probate Court of said county, shall be empowered and authorized, to bargain, sell, transfer. release, and quitclaim, and grant, and convey, any and all interest said Minna C. Buchanan may have, or with others as joint tenants in common, or otherwise, to any lands, tenements, and hereditaments, or in and to any part or parcel thereof, and also all personal estate and things in action; provided, that such Guardian shall make no such sale, or disposal thereof, without the same being joined in with other owners, or claimants, of such property, unless it be to execute deeds of division and partition, upon a division or partition of any such lands, tenements, and hereditaments, with the other owner or owners thereof. Sale. Approval. Bond. CHAP. CLII.-An Act to authorize the Guardian of certain Minor [Approved April 9, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Guardian, now or hereafter to be appointed, of Matilda Florence Mott, Marcus H. Talbot Mott, William Wallace Mott, and Mary Green S. Mott, minor children of Isaac T. Mott, deceased, is hereby authorized to sell the real estate of the said minors, situate in the State of California, or any part of said real estate, or any interest they, or either of them, may have therein, on such terms, and in such manner, either at public or private sale, as to the said Guardian may seem most advantageous to said minors. SEC. 2. No such sale or sales shall be valid, until the same shall have been submitted to, and approved by, the Probate Judge of the City and County of San Francisco; and upon such sale, before the execution of the conveyance, the said Guardian shall file, in the Probate Court of the said city and county, such a bond as said Judge may require, if any, conditioned for the due and proper application of the proceeds arising from such sale. SEC. 3. The said Guardian, upon any such sale or sales being Conveyances made and approved, and upon the filing of the bond as hereinbefore provided, if such bond shall have been required, may execute, acknowledge, and deliver, to the purchaser or purchasers, a good and sufficient deed or deeds of conveyance of the premises sold, which shall operate to convey the interest of the said minors to the premises, in the same manner and to the same effect as if the said minors had executed, acknowledged, and delivered, such deed or deeds, when of competent age and discretion for that purpose. CHAP. CLIII-An Act to authorize the Guardian of Stephen C. [Approved April 9, 1862.] The People of the State of California, represented in Senate and SECTION 1. Arthur W. Roman, the Guardian of Stephen C. Sale. SEC. 2. On making any such sale, or sales, the said Guardian Conveyance may convey the property so sold to the purchaser or purchasers thereof, and receive the purchase money therefor, and the title so conveyed shall be valid, and convey all the interests of said minor in the property so sold; and any deed of partition executed by said Guardian, as aforesaid, shall have the same force and effect as it would have if duly executed by the said minor after arriving at the age of majority. SEC. 3. The said Guardian shall account for the proceeds of such sales, as for any other assets in his hands pertaining to said minor. SEC. 4. This Act shall take effect from and after its passage. Collection. Election of Oath. Bond. CHAP. CLIV.—An Act concerning the Collecting of Poll Taxes. [Approved April 9, 1862.] The People of the State of California, represented in Senate and SECTION 1. All foreign miners' license taxes, and all poll taxes for State and county purposes, or for county purposes alone, and all State and county licenses in and for the County of Sierra, shall, from and after the first day of April, A. D. one thousand eight hundred and sixty-two, be collected in each of the townships of said county, by an officer elected at the last general election, and who was elected and known as " "Constable and Collector," and who shall perform the duties and give the bonds as in this Act specified, and who shall hold his office until the next general election, and until his successor is elected and qualified. SEC. 2. There shall be elected in each of the townships of the County of Sierra, at the next general election, and at each successive general election, in the same manner that other township officers are elected, one Constable and Collector, who shall be collector of foreign miners' license taxes, poll taxes, and State and county licenses, in his township; and he shall be one of the two Constables allowed by law to be elected in each township; and the person voted for as Constable and Collector shall be designated on each ballot cast for said office, as Constable and Collector, and the person who shall receive a plurality of votes cast shall be declared elected. SEC. 3. The said Constable and Collector shall be notified of his election; he shall take the oath of office now required by law, and shall give the bonds hereinafter specified, and he shall hold his office until the next general election, and until his successor is elected and qualified, unless sooner removed from his said office in pursuance of law. SEC. 4. Every Constable and Collector, in addition to his bonds as Constable, shall, before he enters upon the discharge of the duties of his office, make and file his bond, with two or more sureties, in the penal sum of five thousand dollars, conditioned for the true and faithful performance of the duties of his office, that he will well and truly pay over to the Treasurer of the County of Sierra, on the first Monday of each month, excepting the months of January, February, and March, all moneys belonging to the State of California, or County of Sierra, or both of them, that may have been collected by him, in the preceding Conditions. month, from any source whatever; and that he will, at the same time, surrender to said County Treasurer all licenses for State and county purposes, in his hands unsold, and make a final settlement of the State and county licenses account, with said Treasurer, for the preceding month, and that he will, at each monthly settlement with the County Treasurer, immediately present the Treasurer's receipts for all moneys paid to him at each monthly settlement to the County Auditor, and surrender to him all unsold foreign miners' licenses, and poll taxes, and all other tax receipts received from him, and make a final settlement on the first Monday of each month, excepting the months of January, February, and March, with said County Auditor. SEC. 5. The bonds of the said Constables and Collectors shall Approval. be approved by the County Judge of said county as other bonds are required by law to be approved, and it shall be the special duty of said Judge to be satisfied of the sufficiency of the sureties on said bonds. SEC. 6. Each Constable and Collector shall, immediately upon Districts. entering upon the duties of his office, divide his township into four convenient districts; and it shall be his duty to visit each district once in each month, in rotation, and carefully, and with energy and promptness, collect, from each person therein liable to pay the same, all poll taxes for State and county purposes, and all poll taxes for county purposes only, and all foreign miners' license taxes, and all other license taxes, and public dues, now collected by the Assessor or County Treasurer. SEC. 7. Each Constable and Collector shall keep a book, in Duties of which he shall enter: First-The districts into which he shall have divided his township; and Collector. Second-The name of each person or persons from whom he shall have collected any tax or license, the amount so collected, and for what particular tax or license the same was collected. Third-He shall enter in said book the names of all persons Same. who are engaged in any business, the carrying on of which is by law required to be done under a license from either the State or county, and shall correct said list, from time to time, as any person or persons cease to be engaged in such business, or as any person or persons shall engage in any business, trade, or occupation, or profession, for which, before engaging therein, they should have procured a license. Said book shall be the property of the county, and open for public inspection, at all times, in the office of said Constable and Collector, and shall by him be delivered over to his successor in office. SEC. 8. Each Constable and Collector shall, on the first Mon- Settlements. day of each month, make a final settlement with the County Treasurer and the County Auditor. He shall first pay over all moneys collected by him, for foreign miners' licenses, and poll taxes, and State and county licenses, less his fees for collections, to the County Treasurer, and take from said Treasurer his receipt for the same. The said receipt shall show: First-The amount paid to said Treasurer for money collected for foreign miners' licenses sold. Second-The amount paid to said Treasurer for money collected for State and county poll taxes. Third-The amount paid to said Treasurer for money collected for poll taxes for County Sinking Fund. Fourth-The amount paid to said Treasurer for money collected for State and county licenses that shall have been issued to him by the County Treasurer, designating how much is received for each class and kind. Fifth-The total receipts. |