comply SEC. 13. Any county officer or official of said county of Mar- Officers negiposa, wilfully neglecting or refusing to comply with the requi- lecting to sition or provisions of this Act, shall be deemed guilty of a with Act. misdemeanor in office, and fined in a sum not less than two hundred, or more than one thousand, dollars, to be recoverable in Penalty. any Court of competent jurisdiction, or dismissed from office, or both such fine and dismissal, in the discretion of the Court; and it is hereby made the duty of the District Attorney to prosecute all delinquents under this Act. SEC. 14. All fines and penalties collected under the provisions of this Act, shall be paid into the County General Fund, for county purposes. SEC. 15. This Act shall take effect from and after its passage. CHAP. CCLXIX.-An Act in relation to the office of Superintendent of Common Schools, in the County of San Diego. [Approved April 19, 1862.] The People of the State of California, represented in Senate and SECTION 1. From and after the passage of this Act, the County Clerk, in and for the County of San Diego, shall be ex officio Superintendent of Common Schools in and for said county. SEC. 2. All Acts, or parts of Acts, in conflict with the provisions of this Act, are hereby repealed. CHAP. CCLXX.-An Act to provide for Funding the Indebtedness of the County of Mendocino. [Approved April 19, 1862.] The People of the State of California, represented in Senate and SECTION 1. In order to fund the indebtedness of the County Commisof Mendocino, the County Treasurer, Auditor, and District At- sioners. torney, of said county, and their successors in office, shall constitute a Board of Commissioners, to be styled "The Funding Commissioners of the County of Mendocino," and shall have and exercise the powers and perform the duties hereinafter provided. SEC. 2. It shall be the duty of the said Funding Commission- Bonds. ers to cause to be prepared, bonds, equal to the amount of the present indebtedness of the county, together with all the indebtedness that shall have accrued on or before the first day of November, in the year eighteen hundred and sixty-two. Said Interest. Payment. Duty of Commis sioners. Of county officers. Manner of funding. Duty of Of Chairman bonds shall be of the denomination of from one hundred to five hundred dollars each; and each and every bond shall purport, in substance, that the County of Mendocino owes the holder thereof a sum to be expressed therein, bearing interest at the rate of ten per cent. per annum from the date of their issue, the interest to be paid on presentation at the office of the County Treasurer, on the first day of January, in the year eighteen hundred and sixty-three, and the first day of July of that year, and on the same dates every year thereafter until said bonds are paid; and said bonds shall be due and payable at the office of the County Treasurer of said county, on or before the first day of January, in the year eighteen hundred and seventy-five, and they shall be signed by the Chairman of the Board of Supervisors, countersigned by the Auditor, and indorsed by the County Treasurer, and shall be impressed with the seal of the county. SEC. 3. It shall be the duty of the said Board of Commissioners to examine carefully all warrants presented for funding, and ascertain if they are true and correct ones, issued according to the Auditor's and Treasurer's books, and corresponding with the entries therein, and no other than those thus found to be true and lawful ones shall be funded. SEC. 4. It shall be the duty of the Treasurer and Auditor, aforesaid, each, to keep a separate record of all the bonds issued in accordance with this Act, showing the number, date, and amount, of the different bonds, and to whom issued. SEC. 5. It shall be the duty of the Chairman of the Board of Supervisors to keep an account of the number, denomination, and amount, of all bonds signed by him, in accordance with the provisions of this Act. It shall also be the duty of the County Auditor of said county, to furnish the County Treasurer and the District Attorney certified copies of the record of all warrants, or orders, issued from his office since the organization of the county, for all indebtedness of said county accruing prior to the first day of November, in the year eighteen hundred and sixty-two. SEC. 6. Any person holding true and lawful warrants against the County of Mendocino, as provided in the third section of this Act, shall have the privilege of receiving, in exchange therefor, ten per centum bonds, as provided for in section second of this Act, and the Treasurer is hereby directed and authorized to issue said bonds to the persons holding said warrants, at the rate of dollar for dollar, including the interest which may have accrued on said warrants on the first day of November, eighteen hundred and sixty-two; provided, that said warrants be presented within ninety days after the first day of November, eighteen hundred and sixty-two, to the Treasurer of said county. SEC. 7. The Treasurer shall indorse, on the back of each warrant received by him in exchange for bonds as aforesaid, the date on which he redeemed the same, and from whom received, and shall file the same in his office, so indorsed, and keep a record of the same, with the date and amount of the warrants. SEC. 8. It shall be the duty of the Chairman of the Board of of Board of Supervisors, and the said Board of Commissioners, to attend once in every two weeks at the office of the County Treasurer, Supervisors until the expiration of the time within which warrants can be funded in accordance with this Act, to examine all warrants redeemed by the Treasurer, and cause the same to be registered and cancelled in such a manner as to prevent their being reissued, or in any manner again put in circulation. At the meeting aforesaid, the said officers shall compare their respective records, of the date, number, and amount, of the bonds, respectively signed, countersigned, and indorsed by them, and ascertain whether or not any bonds have been wrongfully issued, or warrants wrongfully redeemed, by the County Treasurer. SEC. 9. The County Treasurer shall keep a correct account of County of the expenses necessarily incurred by him in the purchase of Treasurer. the necessary records, books, and other articles, required by the said Board of Commissioners, and the same shall be audited by the Board of Supervisors, and paid out of any money in the County Treasury not otherwise appropriated, and the officers performing the duties prescribed by this Act shall receive for their services such compensation as the Board of Supervisors of said county may direct, to be audited and paid out of the County Treasury, as other parties against the county are paid. SEC. 10. Coupons for the interest shall be annexed to each Coupons. bond; said coupons shall express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of Supervisors and County Treasurer. When any interest shall be paid upon a bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. SEC. 11. If, in the exchange of warrants for bonds, in ac- Fractional cordance with this Act, it shall happen that any person shall amounts. have a fractional sum less than one hundred dollars, the County Treasurer shall issue to the holder thereof a certificate of such fractional sum, and, upon presentation of the same to the County Auditor, he shall draw a warrant on the County Treasurer for the amount so certified. SEC. 12. In addition to the ordinary taxes for general county Interest tax purposes, there shall, this year, and annually thereafter-until the principal and interest of the said bonds to be issued shall be fully provided for, by payment or otherwise, as hereinafter provided-be levied and collected, in the same manner with the ordinary revenues of the said county, and by the same officers, a special tax, to be called the "Interest T," of not less than twenty nor more than thirty-five cents each one hundred dollars of taxable property, which tax shall be collected and paid over into the county in the legal currency of the State of California. The fund derived from this tax shall be applied only to the payment of the interest to accrue upon the bonds herein provided for; provided, however, that should said Surplus. fund furnish a surplus over and above what may be required for the payment of said interest, such surplus shall be turned over and paid into the Sinking Fund herein provided for. SEC. 13. It shall be the duty of said Treasurer to set apart sinking a fund, to be called the "Sinking Fund of the County of Mendo- Fund. cino." Into this fund shall be paid: Surplus in First-Any and all surplus of the Interest Fund, as aforesaid. Second-Whatever surplus may remain in the Treasury of the said County of Mendocino, on the first day of January, one thousand eight hundred and sixty-three, and on the first day of January every year thereafter, after paying the ordinary yearly expenses of the county, each of such payments to be continued until the said Sinking Fund shall be sufficient for the payment of the principal and interest of the bonds aforesaid, and the same shall be paid and liquidated, the payment shall cease, and all surplus remaining in said Sinking Fund shall be paid into the common Treasury of the county. Whenever, at Redemption any time, there shall be in the Sinking Fund a sum of money amounting to five hundred dollars, or upwards, the County Treasurer shall advertise, in a public newspaper published in said county, for the space of two weeks, for sealed proposals for the redemption of said bonds. After the expiration of the time of publication, the Treasurer shall open the sealed proposals in presence of the County Auditor, and shall pay and liquidate said bonds presented, at the lowest value at which they may be proposed to be liquidated; provided, the same shall not be more than their par value; and, provided, whenever there may be sufficient in the Sinking Fund for the extinguishment of the debt of said county, it shall be the duty of the said Treasurer to advertise, in some newspaper published in the county, for the space of four weeks, for the redemption of the outstanding bonds of said county, as herein before provided, after which time the said bonds shall cease to bear interest. Cancellation Duty of Funding. SEC. 14. The County Treasurer shall indorse, on each bond redeemed, the date of redemption, and from whom redeemed, and the amount it required to redeem the same, and also make a like entry in his account with the Sinking Fund; and it shall be the duty of the Chairman of the Board of Supervisors, and the County Auditor, whenever such bonds are so redeemed, to attend at the office of the Treasurer, and see that said bonds are properly cancelled, so that they cannot again be put in circulation. SEC. 15. Full and particular accounts of the Interest and Sinking Funds, in this Act provided for, shall be kept by the County Treasurer, and shall, at all office hours, be open to the inspection of the County Judge, Board of Supervisors, County Auditor, grand jury of said county, and all other persons, tax payers of the county, who choose to examine the same; and the Treasurer of said county shall, once in each year, make out a report, in writing containing a concise statement of all his transactions under the provisions of this Act, which shall be directed to the Board of Supervisors, and filed in the office of the County Clerk, and open to inspection. SEC. 16. On the first day of November, eighteen hundred and sixty-two, the Treasurer of the County of Mendocino shall advertise, by posting written notices at the Court House door, and three other of the most conspicuous places in said county, and also by advertisement in the Mendocino Herald, that, from and after that date, the funding of the then outstanding indebtedness of Mendocino County will commence; from which time it shall not be lawful for the Treasurer of said county to pay and liquidate any of the then outstanding indebtedness of said county, in any other way than by funding it, in accordance with the provisions of this Act. Nor shall the said Treasurer, under any pretence whatever, liquidate, or pay, any portion thereof, only in accordance with said provisions. The expenses for publishing, in accordance with this Act, shall be paid out of the County General Fund. restricted SEC. 17. After the first day of November, eighteen hundred Supervisors and sixty-two, the Board of Supervisors of Mendocino County in creating shall contract no debts, and incur no liabilities, that shall, sin- debts. gly, or in the aggregate, with any other previous debt or liabilities contracted or incurred after the said first day of November, eighteen hundred and sixty-two, to exceed five hundred dollars more than the amount of money in the County Treasury subject to the payment of the same. with Act. SEC. 18. Any county officer or officers of the County of Men- officers not docino, wilfully neglecting or refusing to comply with the re- complying quisitions or provisions of this Act, shall be deemed guilty of a misdemeanor in office, and fined in any sum not exceeding one Penalty. thousand dollars, to be recoverable before any Court of competent jurisdiction, or, dismissal from office, or both such fine and dismissal, in the discretion of the Court; and it is hereby made the duty of the District Attorney to prosecute all delinquents under this Act. SEC. 19. All fines and penalties collected under the provisions of this Act, shall be paid into the General County Fund, for county purposes. SEC. 20. The interest to become due on bonds during the Interest. year eighteen hundred and sixty-three, may, by order of the Board of Supervisors, be paid out of the Current Expense Fund of the county. CHAP. CCLXXI.—An Act to divide the Eleventh Judicial District of this State, and reorganize the Sixth. [Approved April 19, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Eleventh Judicial District of this State is hereby divided, and the Counties of El Dorado and Placer shall remain, and hereafter constitute, the Eleventh Judicial District, of which the present Judge shall be and remain the Judge. SEC. 2. The Counties of Sacramento and Yolo shall hereaf ter constitute the Sixth Judicial District, of which the present Judge shall be and remain the Judge. SEC. 3. This Act shall take effect from and after its passage. 39 |