Exhibiting insignia of enemies of the United States. Penalty. Nuisance. Duties of CHAP. CCLXIV.-An Act supplementary to an Act entitled an Act concerning Crimes and Punishments, passed April sixteenth, one thousand eight hundred and fifty. [Approved April 20, 1863.] The People of the State of California, represented in Senate and SECTION 1. Every person who shall expose to public view, on his own premises or elsewhere, or suffer to be exposed to public view on his own premises, any flag, or device, of the description used, or reputed to be used, by any rebels against the authority of this State, or of the United States, or by any public enemies of this State, or of the United States, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding three hundred dollars, or by imprisonment in the County Jail for a term not exceeding sixty days, or by such fine and impris onment both, at the discretion of the Court having cognizance of the offence. SEC. 2. Such flag or device so exhibited, with the apparatus connected therewith, shall be deemed a nuisance, and any Constable of the township in which the same shall be so exhibited, Sheriffs, etc. or the Sheriff, or a Deputy Sheriff, or any other peace officer of the county in which the same shall be so exhibited, taking sufficient assistance therefor, may seize and destroy the same. SEC. 3. This Act shall be in force from and after its passage. Blank road poll tax receipts. Duties of officers. CHAP. CCLXV.-An Act to amend an Act entitled an Act concerning Roads and Highways in the County of Mariposa, approved April tenth, eighteen hundred and sixty-two. [Approved April 20, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section seven of said Act is hereby amended so as to read as follows: Section 7. The Board of Supervisors shall cause proper blank road poll tax receipts to be printed, of a uniform appearance, which shall be numbered consecutively, with the signature of the Chairman, in writing or in print, affixed, and signed also in writing by the Clerk of said Board; and no other receipts for road poll tax than the above shall be used by the Road Master for the payment of said tax. The Chairman, after his signature shall have been affixed, as above, to a sufficient number of said receipts, shall deliver the same to the Clerk of the Board, who shall, from time to time, deliver them in such number as may be needed, to the Road Masters of the different districts, unless otherwise ordered by the Board, taking their receipts therefor, and the said Clerk shall keep an account, always open to the inspection of the Supervisors, or any of them, of debit and credit with the Road Master of each district. For his duties under this Act, the Clerk may receive a compensation, to be fixed by the Board, not to exceed one hundred dollars per annum. Any person who shall wilfully pass, sell, or transfer, or who shall forge or fraudulently issue any receipt or receipts for road poll tax, contrary to the spirit of this Act, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not less than ten nor more than two hundred dollars, to be paid into the Road Fund of said county. CHAP. CCLXVI.-An Act to provide for the construction of the The People of the State of California, represented in Senate and SECTION 1. The Controller of State is hereby required to Duty of make and deliver to the Board of Commissioners appointed un- Controller. der the provisions of an Act entitled an Act to provide for the construction of the State Capitol in the City of Sacramento, approved March twenty-ninth, eighteen hundred and sixty, immediately after the passage of this Act, and annually, on the first day of January thereafter, an estimate of the amount of money to be derived from the State Capitol Tax, assessed and collected under the provisions of an Act to provide a Special Fund for the construction of the State Capitol in the City of Sacramento, approved March twenty-seventh, eighteen hundred and sixty-three; provided, the basis of said estimate shall not exceed the amount of taxable property of the preceding year. And the said Board of Commissioners are hereby authorized to expend the amount of said revenue in the manner provided for in this Act; provided, the said Board of Commissioners shall not Proviso. expend or incur liabilities in advance of the collection of said tax in any one year, in a greater amount than eighty per cent of the amount of said revenue, as estimated by the Controller of State, as in this Act provided. Proviso. advertise. SEC. 2. The said Board of Commissioners shall advertise for Commissealed proposals for furnishing all material to be used in the stoners to construction of said Capitol Building under the plans and specifications adopted according to law, for at least twenty days, in one of the newspapers published in the City of Sacramento having the largest circulation. The advertisements for scaled proposals shall contain a full description of the material to be used; and at an hour and on a day named in said advertisement, the Board of Commissioners shall open said proposals in presence of such number of the bidders as may be present, and award the contract to the lowest responsible bidder; and if, in the opinion of the Commissioners, the bids are all unreasonably high, they may reject them all, and advertise again in like man Proviso. Day laborers. Payments. ner; provided, they may reject all bids unless the material proposed to be furnished shall be approved by the Superintendent and Architect; provided, further, that if the Architect and Superintendent deems it advisable to modify the present plan so as to provide for fireproof floors, such modification may be made by the Commissioners. SEC. 3. The Superintendent and Architect is hereby authorized, under the direction of the Board of Commissioners, to employ the mechanics and laborers necessary for the construction of said Capitol Building, by the day, subject to the proviso contained in the first section of this Act. SEC. 4. In payment for all material furnished, and work and labor performed in the construction of said State Capitol Building, the Board of Commissioners shall draw their orders on the Controller of State, who shall draw his warrants on the State Treasurer, payable out of the Special Fund for the construction of the State Capitol Building; and the money coming into the State Treasury under the provisions of an Act to provide for the construction of the State Capitol, in the City of Sacramento, approved March twenty-seventh, eighteen hundred and sixtythree, is hereby appropriated for the construction of said Capitol Building, as provided in this Act. SEC. 5. This Act shall take effect from and after its passage. Treasurer to Tax Duties. Compensation. Proviso. CHAP. CCLXVII.-An Act to authorize the Treasurer of Alameda [Approved April 20, 1863.] The People of the State of California, represented in Senate and SECTION 1. That from and after the first Monday in March, one thousand eight hundred and sixty-four, the Treasurer of the County of Alameda shall be ex officio Tax Collector of said county. He shall be liable under his official bond as Treasurer for all taxes collected by him as Tax Collector, and shall, before entering upon the discharge of the duties of his office as such Tax Collector, take an official oath for the faithful performance of the same. All duties and liabilities at present imposed upon the Sheriff as ex officio Tax Collector, shall devolve on the Treasurer as Tax Collector. It shall not be necessary for the Treasurer to make a demand for taxes, but it is hereby made the duty of the tax payers of said county to pay their taxes at the Court House to the Treasurer. He shall receive, as ex officio Tax Collector, as compensation for his services, each year, a sum to be fixed by the Board of Supervisors, which sum shall not exceed the amount allowed by law for collecting the State revenue; provided, that if the Board of Supervisors shall not see fit to allow the Treasurer the whole of said sum or per centage for the collection of the State revenue, then the overplus shall be paid into the Common School Fund of the county. All gen eral laws relating to Sheriffs as Tax Collectors shall apply to and govern the Tax Collector herein named, except where such general laws are inconsistent with the provisions of this Act. The provisions of an Act entitled an Act to provide revenue for the support of the government of this State, approved May seventeenth, eighteen hundred and sixty-one, shall likewise apply to the Treasurer herein named as Tax Collector. SEC. 2. This Act shall take effect and be in force from the first Monday in March, eighteen hundred and sixty-four. CHAP. CCLXVIII.-An Act to amend an Act entitled an Act to regulate Elections, passed March twenty-third, eighteen hundred and fifty. [Approved April 20, 1863.] 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. There shall be held throughout the State, on the General first Wednesday in September, in the year one thousand eight Election. hundred and sixty-three, and on the first Wednesday in September every second year thereafter, an election for members of the Assembly, and such other officers as may be chosen thereat, to be called the General Election; also, in each bissextile or leap year, there shall be held a general election on the Tuesday next after the first Monday of November, for choosing Elec- Presidential tors of President and Vice President of the United States, and Electors, etc. the election of such other officers as may be required by law. SEC. 2. Section four of said Act is hereby amended so as to read as follows: Section 4. All vacancies existing, or which are about to occur, Vacancies. or which may occur in office by the expiration of the full term thereof, or otherwise, except vacancies in offices required to be filled at the special judicial elections, shall be supplied at the general election. SEC. 3. Section five of said Act is hereby amended so as to read as follows: proclamation Section 5. It shall be the duty of the Governor, at least thirty Governor days before any general election or special judicial election, to toetam issue his proclamation, designating the offices to be filled at said elections, and to transmit a copy thereof to the Board of Supervisors of each county of the State. SEC. 4. Section six of said Act is hereby amended so as to read as follows: Section 6. It shall be the duty of the Board of Supervisors supervisors to give at least ten days notice thereof, by posting or causing to give notice to be posted up at each place of holding elections in their county a copy of such proclamation, and also a copy of that Certificate of votes, etc. Duty of Ballots. portion of the election laws of this State which relates to the qualifications of electors, and the proceedings to be observed in conducting the election and making the returns, and to insert the same in some newspaper published in the county, if any be published therein. SEC. 5. Section thirty-five of said Act is hereby amended so as to read as follows: Section 35. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each person voted for has received, and designating the office to fill which he was voted for, which number shall be To be signed. Written in words at full length. Each certificate shall be signed by the Clerks, the Judges, and Inspector. One of said certifi cates, with the poll list, and tally paper to which it is attached, shall be retained by the Inspector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the Inspector during the counting of the ballots, in the order in which they are entered upon the tally list by the Clerks, and said ballots, together with the other of said certificates, with the poll list and tally paper to which it is attached, shall be sealed up by the Inspector in presence of the Judges and Clerks, and indorsed "Election Returns," and be directed and delivered or sent by the Inspector to the County Clerk of the county in which the election is held, and the said ballots shall be kept for at least six months by said Clerk; and if any person be of the opinion that the vote of any precinct shall not have been correctly counted, he may appear on the day appointed for the Supervisors Board of Supervisors to open the returns, and demand a recount to re-count. of the vote of said precinct, and the Board of Supervisors shall proceed to recount the vote of the precinct that is so claimed to have been incorrectly counted. Appropriation. Duty of CHAP. CCLXIX.-An Act to provide for the Payment of certain [Approved April 20, 1863.] The People of the State of California, represented in Senate and SECTION 1. The sum of three thousand dollars is hereby ap propriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying Henry Edgerton, William Higby, and Alexander Campbell, or their respective assigns, for services rendered by them, respectively, in the prosecution of the Impeachment Case against James H. Hardy, late Judge of the Sixteenth Judicial District Court, at the last session of the Legislature. SEC. 2. The Controller of State is hereby authorized and directed to draw his warrant on the Treasurer of the State in Treasurer. favor of the said Edgerton, Higby, and Campbell, or their re and |