Proviso. shal; provided, any provision shall have been made by ordinance for carrying such sentence into effect. They may, also, in any suit, prosecution, or proceeding before them, tax the costs thereof against the person convicted. Passage of SEC. 39. Upon the passage of all resolutions and ordinances ordinances. appropriating money, imposing taxes, abolishing licenses, or increasing or lessening the amount to be paid for licenses, the yeas and nays shall be called, and entered upon the journal. Quorum as to revenue matters. Style of SEC. 40. A majority of the members elected to the Common Council shall be necessary to pass any resolution or ordinance appropriating the sum of one hundred dollars, or more, for any purpose, or any ordinance in any wise increasing or diminishing the city revenue. SEC. 41. Any resolution or ordinance providing for the appropriation, for any object or purpose, of the sum of five hundred dollars, or more, shall lie over for one week. SEC. 42. The style of the city ordinances shall be: “The ordinances. Common Council of the City of Placerville do ordain." Act not to affect certain ordinances. Wards. Boundaries. Election. Acts repealed. All ordinances shall be published in one or more newspaper, published in said city, within ten days after their approval. SEC. 43. Nothing contained in this Act shall repeal or in any manner affect the validity of any ordinance now in force in said city, or affect in any manner any debt, contract, or liability of said city, now in existence; but all ordinances now in force in said city are hereby extended over all new territory added to said city by the first section of this Act; and all debts, contracts, and liabilities in favor of or against said city, shall remain in full force in favor of and against said city as organized under the provisions of this Act. SEC. 44. At the first general election for city officers to be held under this Act on. the third Tuesday in April next, the wards of said city shall remain as now, and two Aldermen shall be elected, as heretofore, from each of said wards, and the boundaries of said wards shall be extended to the city limits as fixed by the first section of this Act; and all that portion of said city, as bounded by the first section of this Act, which lies east of the city limits as hererofore defined, shall constitute one ward, from which four Aldermen shall be elected at said election; and said election in said ward shall be held at the place where State and county elections have been heretofore held in Upper Placerville; and it shall be the duty of the officers of the present city government to give fifteen days notice of the first general election under this Act, stating what officers are to be elected, and designating the places where the polls are to be opened, and the officers of the election in each ward. SEC. 45. An Act entitled an Act to incorporate, the City of Placerville, passed March seventh, one thousand eight hundred and fifty-nine, and all Acts amendatory thereof, are hereby repealed. SEC. 46. This Act shall be in force and take effect on the third Tuesday in April, one thousand eight hundred and sixtythree. CHAP. CLXI.-An Act to authorize the Board of Supervisors of the [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the City and County of San Francisco is hereby authorized to allow and order paid out of the General Fund, the Auditor to audit, and the Treasurer to pay, Benjamin O. Devoe the sum of fifteen hundred and forty nine dollars and fifty cents, or so much thereof as the said Board may deem equitable and just, which said amount shall be in full for all moneys paid by the said Benjamin O. Devoe for extra services employed in the office of Superintendent of Streets and Highways during the continuation of his term of office as such Superintendent. SEC. 2. This Act shall take effect from and after its passage. CHAP. CLXII.-An Act to establish a Female Department in the [Approved April 8, 1863.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Asylum approve. SECTION 1. It shall be lawful for the Institution known as the Magdalen Magdalen Asylum of the City and County of San Francisco, Authorized to within six months from and after the passage of this Act, to erect a Jail. erect a Jail, containing at least eight cells, on the same lot in said city and county where said Asylum is or may be erected. Said Jail to be suitable in all respects for the safe keeping and proper custody of female prisoners. Said Jail shall be built of Police Combrick or stone, and shall be satisfactory to the Board of Police missioners to Commissioners of said city and county, who shall examine the same upon its completion, and in case they shall find it suitable as aforesaid, shall report their approval thereof to the Board of Supervisors of said city and county, and from the time of said report, (if the same is accepted and approved by said Board of Supervisors,) said Jail shall be taken and deemed to be the Female Department of the County Jail of said city and county, and shall be part and parcel of the County Jail of said city and county. Supervisors SEC. 2. Upon such approval, it shall be lawful for the Board Duty of of Supervisors to furnish said female department with necessary furniture for the convenience and comfort of such female prisoners as may at any time be imprisoned therein; or they may, instead thereof, pay to the Lady Superior of said Asylum, a sum of money to be used for such purpose, not to exceed the Disposition of female prisoners. sum of one thousand dollars, to be paid out of the General Fund of said city and county. SEC. 3. Upon such approval of said department, and furnishing thereof, the Court of Sessions, the County Court, and the Police Court of said city and county, shall order any female who may be convicted of any misdemeanor in such Courts, and sentenced to be punished by imprisonment in the County Jail, to be imprisoned during the term of such imprisonment as may be adjudged to them in such female department, and such imprisonment shall be deemed imprisonment in the County Jail of said city and county. It shall also be lawful for said Courts to imprison for safe keeping in said department, any female arrested on a charge of misdemeanor, before convicted, in their discreLiability of tion. Said society, called the Magdalen Asylum, and the Lady Superior, shall be jointly and severally liable for the safe keeping and custody of all prisoners committed to said department. Asylum. Duties of SEC. 4. The prisoners in said female department aforesaid shall be regularly supplied with sufficient and wholesome food, and with all proper and necessary care and attendance, by the ladies in charge of said Magdalen Asylum; and for such food, care, and attendance, the City and County of San Francisco shall pay, monthly, and each month, to the order of the person known as the Lady Superior of said Magdalen Asylum, for the sole use and benefit of said Magdalen Asylum, the same rate of Compensa compensation, and no more, as said city and county from time to time may be required to pay for the maintenance of prisoners confined in the County Jail. tion. Board of be admitted. Proviso. SEC. 5. No prisoner shall be imprisoned in said department until the Directors of said Asylum, or some person for them, shall execute and deliver to the President of the Board of Supervisors of said city and county, and to their satisfaction, a good and sufficient bond in the sum of five thousand dollars, with two or more sufficient sureties; said bond to be made to said city and county, and to be conditioned for the safe keeping, custody, care, and attendance, by said ladies in charge of said Asylum, for such female prisoners as may be imprisoned in said female department. Males not to SEC. 6. No male person shall be permitted to enter said female department without the permission of the Lady Superior of said Asylum, and in such case, not without being accompanied by some lady connected with said Asylum; provided, that any person showing any reasonable cause for entering the same, may obtain a permit from the County Judge to visit said department, and that upon presenting such order of admission, signed by the County Judge, it shall be the duty of the Lady Superior to admit such male person presenting the same, and provide some lady to accompany such person during such visit to said department, or any prisoner therein. Violation of Penalty. SEC. 7. Any person entering said Department in violation of section six. the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and punished accordingly; provided, that nothing herein contained shall be deemed to prevent the inspection of such department by the Grand Jury, Police Commissioners, Board of Supervisors, or other officers provided by law for that purpore, nor to prevent the entry into said department Proviso. of any officer of the law by virtue of the process of any Court of competent jurisdiction. SEC. 8. It shall be the duty of the Board of Supervisors to Turnkeys. appoint as Turnkeys to said Department such persons as may be recommended by the Lady Superior of said Asylum, not exceeding two in number, for whose Acts as such the Lady Superior and the Directors of said Asylum shall be responsible on their bond, given according to the provisions of this Act, and for the Board of Supervisors to provide for their compensation at rates not exceeding fifty dollars per month each, and may also allow compensation to one female attendant, at a salary not to exceed forty dollars per month; but no compensation shall be paid to compensaany such Turnkeys, attendants, or employés about said department when there are no prisoners confined therein. tion. Directors, etc. SEC. 9. The Lady Superior, Directors, and Managers of said Duties of Asylum, Turnkeys, and other persons that may have the care and custody of prisoners confined in the said Female Jail Department provided for in this Act shall, in the management, control, custody, and maintenance of such prisoners, be governed by and subject to all the rules, regulations, restrictions, requirements, and liabilities, prescribed by law for Sheriffs, Turnkeys, and other officers in the management, care, and custody of prisoners, and for any breach or violation of the same, shall be subjected to the same penalties and disabilities, except as otherwise provided in this Act. Acts SEC. 10. All Acts and parts of Acts, so far as they conflict with this Act, and for the purposes of this Act only, are hereby repealed. repealed, and nothing in this Act shall be so construed as to prevent the Board of Supervisors of said City and County of San Francisco from removing the female prisoners imprisoned, as provided in this Act, to the present County Jail of said city and county, nor to give any right, title, or possession to said City and County of San Francisco, in or to the aforesaid lot or buildings, except during its continuance as a Jail; provided, that if Proviso. said prisoners are so removed by said Board of Supervisors before the expiration of twelve months from the commencement of occupation of said female department of County Jail by said prisoners, the said Board of Supervisors shall make compensation to said Magdalen Asylum Society for all moneys, not exceeding five thousand dollars, expended by them in construction and fitting up of said Female Prison. Attorney General bring suit. Notice to persons interested. CHAP. CLXIII.—An Act amendatory of an Act entitled an Act to provide for condemning or purchasing certain lands adjoining the State Prison Ground at Point San Quentin for State Prison purposes, approved April fifteenth, eighteen hundred and fifty-nine. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. as follows: Section two of said Act is so amended as to read Section 2. Whenever said Board shall not have acquired authorized to titles by purchase or gift to such additional grounds or real estate as aforesaid, it shall be lawful for the Attorney-General, in the name of The People of the State of California, to bring suit for the condemnation of all such lands as the State's Prison Directors may deem necessary for the convenience of the Prison and the use of the State, in one of the District Courts of any county adjoining the County of Marin, describing with convenient certainty and accuracy the said grounds or real estate so required for the public use at Point San Quentin ; which said petition or declaration in said suit shall be published at least once a week for four weeks in some newspaper in the county where said suit is brought, and shall contain the names of all owners or claimants of interest in said premises so far as the same are known to the Attorney-General, and shall require all persons interested in said lands to come into Court on a day to be specified in said notice, and file their objection, if any they have, to the proposed condemnation or purchase, in writing, as their answer; copies of which shall be served upon the Attorney-General, and at the time specified in said notice, or as soon thereafter as it shall be convenient, it shall be the duty of the said District Court to empannel a jury in the manner provided by law, to assess the value of the lands, described and set forth in the petition or declaration, to be appropriated for the use of the State; for which amount, when so assessed, together with the costs of said proceedings, and such expenses attending the same as the Attorney-General shall certify to the Board of State Examiners, and the said Board shall audit and allow the same; and it shall be the duty of the Controller forthwith to draw his warrant in favor of the Attorney-General on the Treasurer for said amount, which warrant it shall be the Payment of duty of the Treasurer to pay on the fifteenth day of December, eighteen hundred and sixty-three; and an appropriation for the payment of said amount is hereby made out of any money in the Treasury not otherwise appropriated, and the AttorneyGeneral shall pay the same into the Court for the benefit of all parties interested in said proceedings. Upon the payment of said warrant into the Court, or the assessed damages in money, the County Clerk shall execute to the State of California in due form of law, a deed of said lands, reciting the proceedings in said case; which deed shall convey to the State a good and sufficient title to the said lands as against all persons whomso Jury. Costs and expenses. |