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with his guarantees, be liable to an action by the Treasurer of State, for the benefit of said Fund, for any damages resulting from such failure to comply with the conditions of his bid in accepting the bonds and paying over the purchase money.

SEC. 11. For the payment of the principal and interest of Tax levied. the bonds issued under this Act, there shall be levied and collected annually, until the final payment or redemption of the same, and in the same manner as other State revenue is or may be directed by law to be levied and collected, a tax of two cents for the year A. D. eighteen hundred and sixty-three, and annually thereafter, four cents on each hundred dollars of taxable property in the State, in addition to the taxes for general State purposes, and the fund derived from this tax shall be set apart and applied to the payment of the interest accruing on the bonds herein provided for, and the final redemption of the principal of said bonds; and the faith of the State of California is hereby pledged for the payment of the bonds issued by virtue of this Act, and the interest thereon, and if necessary, to provide other and ample means for the payment thereof.

SEC. 12. Whenever, on the first day of January or July, one Redemption thousand eight hundred and sixty-four, or upon the first day of of bonds. January or July in any subsequent year, there shall remain a surplus, after the payment of the interest as herein before provided, of ten thousand dollars or more, in the Fund created by the eleventh section of this Act, it shall be the duty of the Treasurer to advertise in two daily newspapers published in English in each of the cities of San Francisco and Sacramento, for sealed proposals for the surrender of bonds issued under the provisions of this Act. He shall state in such adɣertisement the amount of money on hand applicable to the redemption of bonds, and he shall accept such proposals, at rates not exceeding par value, as may redeem the greatest number of bonds, until the amount of cash on hand for redemption is exhausted.

SEC. 13. Full and particular account and record shall be kept by the Treasurer of the condition of the Funds collected in accordance with the provisions of this Act, open at all times to the inspection of the Governor and Controller, and of any committee appointed by the Legislature, or either branch thereof.

SEC. 14. It shall be the duty of the Treasurer of this State Interest, to make arrangements for the payment of the interest of the how paid. said bonds when the same falls due; and in the event that the said Interest Fund should be insufficient, the said Treasurer shall make up the deficiency from the General Fund; and in the event of the insufficiency of the General Fund, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest, and the protection of the credit of the State; and in case there should at any time be in the Fund created by this Act for the payment of said interest and the redemption of said bonds, any surplus moneys not needed for the payment of said interest or the redemption of any bonds, it shall be the duty of the Treasurer of State to transfer such surplus moneys to the General Fund of this State. Said bonds shall be redeemed and

the interest paid in the gold and silver coin of the United States.

SEC. 15. This Act shall take effect and be in force from and after its passage.

Clerk of
District

Court.

CHAP. CCCCXV.-An Act to regulate Fees in Office in the County of Contra Costa.

[Approved April 27, 1863.]

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

SECTION 1. In the County of Contra Costa, such fees are allowed to the officers herein named for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully demand and receive the same, and no more:

SEC. 2.

FEES OF THE CLERK OF THE DISTRICT COURT.

For entering each suit on the Clerk's register of actions, and making the necessary entries therein during the progress of the trial, for each folio, twenty cents.

For issuing every writ or process, under seal, fifty cents.
For each subpoena, for one or more witnesses, twenty-five

cents.

For filing each paper, twenty-five cents.

For entering every motion, rule, order, or default, twenty-five cents.

For entering every discontinuance, dismissal, or non-suit, twenty-five cents.

For entering every cause on the calendar, and making a copy thereof for the bar, for each term of the Court, twenty-five

cents.

For calling and swearing every jury, fifty cents.

For receiving and entering each verdict of a jury, fifty cents. For entering every final judgment, for the first folio, one dollar; for each subsequent folio, twenty-five cents.

For filing judgment roll, twenty-five cents.

For entering judgment on judgment docket, twenty-five cents.
For entering satisfaction of judgment, fifty cents.

For administering every oath, or affirmation, twenty-five

cents.

For certifying every oath, or affirmation, twenty-five cents. For copy of any proceeding, record of paper, for each folio, twenty cents.

For every certificate, under seal, fifty cents.

For searching the files of each year in his office, (but not to charge suitors or Attorneys,) fifty cents.

For issuing every commission to take testimony, fifty cents.
For taking down testimony of witnesses during the trial, for

each folio, twenty cents; to be paid by the party requiring the

same.

For issuing every execution, or other final process, fifty cents. For issuing every decree, or order of sale of mortgaged property, fifty cents.

For issuing writ of injunction, or attachment, fifty cents. For entering judgment by confession, the same fees as in other cases of entering judgment.

For receiving and filing every remittitur from Supreme Court, and accompanying papers, fifty cents.

For taking each bond required by law, fifty cents; for taking justification thereto, fifty cents.

For acknowledgment of deed, or other instrument, including all writing and the seal, for the first name thereto, one dollar, and each additional name, twenty-five cents.

When the Court is sitting as a Court of criminal jurisdiction, he shall receive for the trial of each issue, when the charge is misdemeanor, three dollars.

He shall receive no other fees for any service whatever in a criminal action or proceeding, except for copies of papers, for each folio, twenty cents.

For the trial of each issue, when the charge is felony, five dollars.

FEES OF CLERK OF COUNTY COURT.

SEC. 3. For filing all papers sent on appeal from Justices' Clerk of Courts, in each cause, and making the necessary entries con- County cerning the same, two dollars.

For all other services, the same fees as are allowed in the District Court for similar services.

Court.

FEES OF CLERK OF COURT OF SESSIONS.

SEC. 4. The Clerk shall receive the same fees as are allowed Clerk of the Clerk of the District Court in criminal cases.

Court of
Sessions.

FEES OF CLERK OF PROBATE COURT.

SEC. 5. For issuing letters testamentary or of administra- Clerk of tion, fifty cents.

For certificate of appointing Appraisers or Guardians, fifty

cents.

For writing and posting notices, when required, for each copy, fifty cents.

For recording wills, per folio, twenty cents.

For all other services, the same as are allowed the Clerk of the District Court for similar services.

For notices given by publication, in addition to the cost of publication, fifty cents.

FEES OF COUNTY RECORDER.

Probate
Court.

SEC. 6. For recording any paper, instrument, or notice, when county required, for each folio, twenty cents.

For copies of any record or paper, per folio, twenty cents.

Recorder.

County

Recorder.

For filing or receiving every instrument for record, and making the necessary entries therein, twenty-five cents.

For making, in the several indexes required, all the entries required of the filing and recording any instrument, paper, or notice, for every such instrument, paper, or notice, twenty-five

cents.

For every certificate under seal to copies of papers or records in his office, when required, fifty cents.

For every entry of discharge of mortgage on margin of records, fifty cents.

For searching records and files of each year in his office, when required, fifty cents.

For abstract or certificate of title, when required, for each conveyance or incumbrance certified, twenty-five cents.

For recording every town plat, for every course, fifteen cents. Figures and lettering plats and maps, per folio, fifty cents. For taking and writing acknowledgments, including seal, for the first signature, one dollar, and for each additional one, twenty-five cents.

For filing and entering a minute of certificate of Sheriff's sale, fifty cents.

For filing and entering a minute of certificate of tax sale, fifty cents.

For recording marriage certificate, one dollar.

For filing and keeping each paper not required to be recorded, and indorsing same, if required, twenty-five cents.

SEC. 7. The Justices of the Peace, severally, in civil cases, shall be allowed, in any action before them, for all services required to be performed by them before trial, three dollars.

For the trial and subsequent proceedings, including all affidavits, swearing witnesses and jury, and the entry of a final judgment, five dollars; provided, that in case judgment is entered by default, five dollars only shall be charged for all services in the cause.

For making up and transmitting transcripts, and all papers on appeal, including justification of sureties, approving bonds, etc., two dollars.

For taking depositions, per folio, twenty cents.

For issuing commission to take testimony, one dollar.

For issuing search warrant, one dollar.

For celebrating marriage, and returning certificate thereof to the Recorder, five dollars.

For all services and proceedings before a Justice of the Peace in a criminal action or proceeding, whether on examination or trial, three dollars.

For taking bail after commitment in criminal cases, one dollar.

For entering judgment by confession, and only on affidavit, as required in the District Court, three dollars.

For services as Associate Justice of the Court of Sessions, four dollars per day.

For copies of papers filed in his office, per folio, twenty cents. SEC. 8. All laws and parts of laws inconsistent with the foregoing are hereby repealed.

CHAP. CCCCXVI.-An Act to authorize the Board of Supervisors of the County of Yolo to issue certain Bonds, and to provide for the payment of the Principal and Interest thereof.

[Approved April 27, 1863.]

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

SECTION 1. The Board of Supervisors of Yolo County are Bonds issued hereby authorized and empowered to issue bonds of said county to an amount not to exceed eighteen thousand dollars; said bonds issued under this Act to be styled "Yolo County Tule Road Bonds," to be issued in sums not less than fifty nor more than five hundred dollars, and made payable at the office of the County Treasurer of said county on the first day of January, eighteen hundred and seventy-four, bearing interest at the rate of ten per cent per annum, with coupons attached for said interest, payable at the office of said County Treasurer: Coupon Number One, for the amount of interest from date of bond till January first, eighteen hundred and sixty-five, payable on said last mentioned day; and the balance of the coupons for one year's interest each, being payable successively on the first day of January thereafter, until said bonds mature; the bonds to be signed by the President of the Board of Supervisors, attested by the Clerk of said Board, and countersigned by said County Treasurer.

SEC. 2. Said Board of Supervisors shall have power, at their For what discretion, to dispose of the whole or any portion of said bonds purpose. that they may deem proper to issue under the first section of this Act, for the purpose of constructing a county road from the west end of the Sacramento and Yolo Bridge, across the tule lands, in a westerly course, to the house of Enos, near the western boundary of said tule lands in said County of Yolo, being the same road petitioned for by the citizens of the county, and located by said Board of Supervisors. Said bonds to be applied and disposed of in the manner specified in the third section of this Act, and not otherwise.

SEC. 3. At any time when the aggregate amount of money Conditions. subscribed by individuals as donation to said county for the purpose of assisting in the construction of said road, shall, in the opinion of said Board of Supervisors, amount to a sum equal to two thirds of the estimated cost of the same, the said Board shall proceed in a legal manner to let contracts for the building of said road, and shall pay for said work two thirds of the amount out of said subscription, and the remaining one third by means of said bonds; all expenses of obtaining the right of way, and superintending the building of said road, shall be paid, two thirds out of said subscription, and the other one third by means of said bonds; provided, that a Superintendent may be appointed by said contributors, and the amount of his pay fixed by them, not to exceced four dollars per day for the time actually employed; and, provided, further, that the county bonds provided to be issued and paid by the provisions of this section, shall not be so issued or paid until the entire amount of individual sub

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