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Proviso.

CHAP. LXVIII.-An Act to transfer certain Funds.

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

SECTION 1. The Controller of the State is hereby authorized transferred. and required to order the Treasurer of State to transfer one hundred thousand dollars of the money known as the Swamp Land Fund, into the General Fund, the same to be used and applied by the said Treasurer of State solely for the payment of warrants drawn upon the same by the Controller of State, for mileage, per diem, and salaries of the members and attachés of the Senate and Assembly, and present State Printer; provided, the sum of three thousand dollars of said one hundred thousand dollars shall be placed to the credit of the Contingent Fund of the Assembly; and the sum of three thousand dollars shall be placed to the credit of the Contingent Fund of the Senate; and the sum of three thousand one hundred and twenty-five dollars of said one hundred thousand dollars shall be set apart to meet the appropriation for postage, made January twenty-first, eighteen hundred and sixty-two.

To be repaid

Proviso.

SEC. 2. The Controller of State is hereby authorized and required to repay the said Swamp Land Fund, the one hundred thousand dollars drawn from it by this Act, out of the first money received into the General Fund of the State, on or after the second Monday in August, one thousand eight hundred and sixtytwo; provided, that so much of the Act of May seventeenth, eighteen hundred and sixty-one, entitled an Act to provide Revenue for the Support of the Government of this State, or any other Act as authorized the Controller and Treasurer to anticipate by draft or order the settlement of any County Treasurer, or to draw any State money out of any County Treasurer's possession, is hereby suspended until the first Monday of August, eighteen hundred and sixty-two.

SEC. 3. This Act shall take effect and be in force from and after its passage, and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed, in so far as they conflict with this Act.

This bill was returned to the Senate on the eleventh day of March, eighteen hundred and sixty-two, without the approval of the Governor, and passed by a constitutional majority of votes of the Senate, and on the same day was sent to the Assembly, and by a constitutional majority of votes passed that body, notwithstanding the objections of the Governor.

Attest: THOMAS HILL,

Secretary of the Senate.

JOHN SEDGWICK,

GEORGE BARSTOW,

Speaker of the Assembly.

J. McM. SHAFTER,

President pro tem. of the Senate.

Clerk of the Assembly.

CHAP. LXIX.-An Act to amend an Act to provide Revenue for the Support of the Government of this State, approved April twentyninth, eighteen hundred and fifty-seven, and of an Act amendatory of and supplementary to said Act, approved April nineteenth, eighteen hundred and fifty-nine.

[Approved March 18, 1862.]

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

property

SECTION 1. Section two of said Act, approved April nine- Assessment. teenth, eighteen hundred and fifty-nine, and section three of the Act, approved April twenty-ninth, A. D. eighteen hundred and fifty-seven, to which it is amendatory, are hereby amended so as to read as follows: Between the first Monday in February and the second Monday in March, in each year, every person, corporation, association, company, or firm, owning, claiming, or having any interest in, or having the possession, charge, or control, of any real estate, or any personal property, situate or being within the county, shall deliver to the City and County Assessor, at his office or place of residence, a statement, under oath, of all the Statement of real estate or personal property within the county, owned or under oath. claimed by such person, firm, corporation, association, or company, or which is in the possession, or under the control of such person, firm, corporation, association, or company, or which is in the possession of, or held, or controlled, by any other person, in trust for, or for the benefit of such person, firm, corporation, association, or company. Said statement shall contain a description of the real estate owned or claimed by such person, corporation, association, or firm, or in which said person, corporation, association, or firm, has, or claims to have, any interest, or which is under the possession, charge, or control, of such person, corporation, association, or firm, or which is held, or controlled, in trust or otherwise, by any other person for them, or either of them, the cash value of all personal property, and a description thereof, under the following classification and definition:

First-All household and kitchen furniture, all law, medical, Classificaand miscellaneous libraries.

Second-All stocks of goods on hand, all goods, wares, merchandise, and chattels of every description.

Third-All money on hand, or on deposit in bank, or banks, or with individuals; and all gold dust.

Fourth-All money at interest, or loaned, whether secured by pledge, mortgage, or otherwise; all solvent debts, exceeding what may be due from such person, corporation, association, or firm.

Fifth-All horses, mules, oxen, cows, calves, beef cattle, hogs, sheep, goats, jacks and jennets, and cattle of every description; wagons, carriages, and all other vehicles, whether for use, pleasure, or hire.

Sixth-All machines, or machinery, and all works and implements not fixed to the soil, and not included in the term "real estate," as defined by this Act.

tion.

Classifica

tion.

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statement.

Seventh-All storeships and hulks, all steamers, vessels and water craft, of every kind and name, either owned in whole or in part by a resident or residents of this State, or registered in this State, or navigating the waters of any river or bay within this State, giving the name and value, separately, of each of such storeships, hulks, steamers, vessels, and water craft.

Eighth-The capital stock of all corporations, companies, associations, firms, or individuals, doing business, or having an office in this State.

Ninth-All other property not real estate which is not otherwise taxed.

Every such statement shall be signed and verified by the person making such statement, or by his agent, or by some member of the association, company, or firm, making such statement, or by the President, or other head, Cashier, Secretary, or Managing Agent of the corporation making such statement. In all cases where such statement is made and sworn to, the oath of the person making such statement shall state, in substance, that the person, corporation, association, company, or firm, making the statement, or in whose behalf such statement is made, has no property, of any kind or nature, situate, or being within the county, other than the property included in such statement; that such person, corporation, association, company, or firm, has not the possession, charge, or control of, or any interest in any property, whether real, personal, or mixed, situate, lying, or being within such county, other than the property mentioned and described in such statement; that said statement is a full, true, correct and complete statement of all of the different kinds of property owned or claimed by such person, corporation, association, firm, or company, situate, lying, or being within said county, or owing to, or in the possession, charge, or control, of such association, corporation, firm, or company; that the value of such property, and of each and every kind thereof, given in said statement, is true, and in case of all debts, or money due, whether secured by mortgage or otherwise, that the said creditor has not been prepaid the taxes to be assessed thereon, and that there does not exist any promise, agreement, pretence, or device, by which said creditor has been or is to be reimbursed for any taxes so to be assessed upon such money or debts due, to the knowledge of the person making such oath. Said oath may be administered by the Assessor, or any Deputy Assessor, of the proper county, or by any Notary Public, District Judge, or Clerk of a Court having a seal. If the Assessor is satisfied that said statement is in any respect inaccurate or incorrect, he may make such further examination of the affiant, the party assessed, and any other person, as said Assessor shall think proper, and if, after such further examination, he shall still consider such statement incorrect, he may assess such person, corporation, association, firm, or company, such amount for personal property, as he shall deem just and proper, notwithstanding such state

ment.

Between the second Monday in March and the first Monday in August, in each year, the City and County Assessor shall ascertain, by diligent inquiry and examination, the names of all persons, corporations, associations, companies, or firms, owning,

Assessor.

claiming, or having the possession, charge, or control, of any real Duty of estate or personal property, situate or being within the county, and the full cash value of all such real estate and personal property, and he shall list or assess all such real estate and personal property to the person, firm, corporation, association, or company, owning it, or having the possession, charge, or control, of it, if known to him. In all cases where such person, firm, association, company, or corporation, has neglected or failed, from any cause, to give to the Assessor the statement, under oath, in the time and manner provided for in this section, it shall be the duty of the Assessor to make an approximate estimate of the value of the personal property, situate, lying, or being within the county, owned or claimed by such person, firm, association, company, or corporation, or in the possession, charge, or control of such person, firm, association, company, or corporation, taking care that the revenue of the State shall not be diminished in consequence of any neglect or failure to give a statement, under oath; which assessments or estimates of the Assessor shall be final and conclusive, unless altered by the Board of Equalization. It shall also be the duty of the Assessor to make an ap- Same. proximate estimate of the value of all real estate lying or being within the county, whether the same be included in any statement, under oath, made according to the provisions of this section, or not, and the estimate so made by the Assessor shall be final and conclusive in regard to all real estate and improvements on public lands, unless such estimate is altered by the Board of Equalization; provided, all real estate and personal Proviso. property shall be assessed to a person, firm, corporation, association, or company, as herein provided, if any owner or claimant shall be known to the Assessor, and to all owners and claimants of any interest, present or future, therein, or any lien upon the same, and no error in regard to such owner or claimant shall in anywise affect the validity of such assessment; provided, that same. the time in which such statement shall be made is hereby extended for the current year A. D. eighteen hundred and sixtytwo, to the third Monday of March, and all statements made before the passage of this Act, if the Assessor shall be satisfied that the same are incorrect, shall be disregarded by said Assessor, who shall notify the affiant making such statement, thereof, and if said person shall neglect to make another statement, said Assessor shall proceed as is provided in this Act for want of a statement.

SEC. 2. This Act shall take effect from and after its passage. SEC. 3. This Act shall apply only to the City and County of San Francisco.

Tax to be levied..

of bonds.

CHAP. LXX.-An Act amendatory of an Act to provide for Funding the Indebtedness of the County of Yuba, approved March twentysixth, one thousand eight hundred and fifty-seven.

[Approved March 21, 1862.]

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

SECTION 1. Section thirteen of said Act is hereby amended so as to read as follows:

Section 13. In the year A. D. one thousand eight hundred and sixty-four, there shall commence to be levied, annually, by the Board of Supervisors of said county, at the time and in the manner that other State and county taxes are levied, in addition to all other legal taxes, ten per cent. upon the whole aggregate amount outstanding of the debt of said county funded under this Act, to be styled a "Sinking Fund Tax," for the purpose of raising a Special Sinking Fund for the payment of the principal of the debt funded under this Act, and which last named tax shall be collected and enforced by the Tax Collector of said county in like manner as the general tax for State and county purposes, and be by him paid over to the County Treasurer, who shall set the same apart as such Special Sinking Fund, to be used for no other purpose than as herein provided. WhenRedemption ever, at any time, there shall be in said Sinking Fund a sum of money amounting to three thousand dollars, or upward, the County Treasurer shall advertise in a public newspaper, published in said county, and also a newspaper published in the City of New York, for the space of two weeks, for sealed proposals for the redemption of said bonds; and six weeks from the time of the expiration of such publication, the Treasurer shall open the sealed proposals in the presence of the County Auditor and the Chairman of the Board of Supervisors of said county, and shall pay and liquidate, as far as the Sinking Fund then on hand will extend, such bonds, presented under said proposals, as shall have the lowest value proposed at which they may be liquidated; provided, the same shall not be for more than the par value thereof; and, provided, that should there be no proposals made for less than par value, then the payment shall be made pro rata on all bonds; and, provided, that whenever there may be sufficient moneys in such Sinking Fund for the extinguishment of the debt of said county, funded under this Act, it shall be the duty of the Treasurer to advertise in like manner, for the space of four weeks, for the redemption of all the outstanding bonds issued under this Act, after which time said bonds shall cease to draw any interest. Any moneys remaining in said Sinking Fund, after the redemption of said bonds, shall be paid into the General Fund of the county.

Proviso.

Same.

Same.

SEC. 2. This Act shall take effect and be in force from and after its passage.

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