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Act repealed

Restrictions

of Supervisors.

eighteen hundred and fifty-seven, with subsequent amendments thereto, are hereby made applicable to Tehama County, except so far as is otherwise provided in this Act.

SEC. 3. An Act supplementary to an Act to regulate fees of office, approved April tenth, eighteen hundred and fifty-five, approved April eighth, eighteen hundred and fifty-nine, is hereby repealed.

SEC. 4. The Board of Supervisors of Tehama County are upon Board hereby prohibited from allowing any demands or accounts not expressly authorized by law, or from allowing upon any demands or accounts a greater amount than expressly is authorized by law. For any violation of the provisions of this section, each member of said Board of Supervisors voting for such allowance, (or being present at the time of such allowance, and not recording his vote against such allowance,) shall forfeit double the sum so allowed, which may be recovered by any tax payer of the said county, by action in any Court of competent jurisdiction in the county, with costs. Of the sum so recovered, one half shall go to the county, the remainder to the person bringing the action. SEC. 5. If any officer shall demand, accept, or take, more or other compensation from said county than so provided for in this Act, he shall be deemed guilty of misdemeanor, and upon conviction thereof, shall be forthwith removed from office, and fined in any sum not exceeding one thousand dollars, or be imprisoned in the County Jail not more than three months, or by both such fine and imprisonment.

Charging illegal fees.

Penalty.

County
Clerk.

Acts

legalized.

SEC. 6. No allowance from said county shall be made to deputy officers or assistants under any name.

SEC. 7. The County Clerk of Tehama County, shall be exofficio County Recorder and County Auditor, and all acts performed by the Clerk as such Recorder and Auditor, ex-officio and otherwise, during his present term, are hereby legalized and confirmed, and shall have the same effect as if performed by a duly elected County Recorder and County Auditor.

SEC. 8. Section six of an Act to authorize the Board of Supervisors of Tehama County to levy a special tax and create a Redemption Fund for the payment of county indebtedness, approved May twentieth, eighteen hundred and sixty-one, is hereby repealed.

SEC. 9. This Act shall take effect and be in force from and after the first day of March, eighteen hundred and sixty-four.

CHAP. CCCCXXVIII.—An Act to amend an Act entitled an Act to regulate Proceedings in Civil Cases in Courts of Justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, and Acts amendatory thereof.

[Approved April 27, 1863.]

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

SECTION 1. Section three hundred and ninety-one of said Act is hereby amended so as to read as follows:

Section 391. All persons, without exception, otherwise than Witnesses. as specified in this Chapter, may be witnesses in any action or 1 proceeding. Facts which have heretofore caused the exclusion of testimony, may still be shown, for the purpose of affecting its credibility.

SEC. 2. Section three hundred and ninety-two of said Act is hereby amended so as to read as follows:

Section 392. No person shall be disqualified as a witness in any action or proceeding on account of his opinions on matters of religious belief, or by reason of his interest in the event of the action or proceeding as a party thereto, or otherwise; but the party or parties thereto, and the person in whose behalf such action or proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce, or by deposition, or upon a commission, in the same manner and subject to the same rules of examination as any other witness, on behalf of himself, or either or any of the parties to the action or proceeding.

SEC. 3. Section three hundred and ninety-three of said Act is hereby amended so as to read as follows:

Section 393. No person shall be allowed to testify under the provisions of section three hundred and ninety-two, where the adverse party, or the party for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proved transpired before the death of such deceased person; and nothing contained in said section shall affect the laws in relation to the attestation of any instrument required to be attested; nor shall anything contained in said section render any person who, in a criminal proceeding, is charged with the commission of any public offence, competent or compellable to give evidence therein. for or against himself.

SEC. 4. Section four hundred and seventeen of said Act is hereby amended so as to read as follows:

obtain dis

covery, etc.

Section 417. No action to obtain a discovery under oath, in Action to aid of the prosecution or defence of another action or proceeding, shall be allowed, nor shall any examination of a party be had on behalf of the adverse party, except in the manner provided by this and the foregoing Chapter.

SEC. 5. Section four hundred and twenty of said Act is hereby amended so as to read as follows:

Section 420. If an adverse party refuse to attend and testify

Adverse

to testify.

at the trial, or to give his deposition before trial, or upon a party failing commission, when required, his complaint or answer may be stricken out, and judgment be taken against him; and he may be also, in the discretion of the Court, proceeded against as in other cases for a contempt.

SEC. 6. Sections four hundred and eighteen, four hundred and twenty-one, four hundred and twenty-two, and four hundred and twenty-three, of said Act, and the Acts amendatory thereof, are hereby repealed.

Supreme
Judges.

District

Judges.

County Judges.

Probate

Judge.

CHAP. CCCCXXIX.-An Act to fix the Salaries of Judicial Officers, and provide for the Payment of the same.

[Approved April 27, 1863.]

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

SECTION 1. The Supreme Judges of this State shall each receive an annual salary of six thousand dollars.

SEC. 2. The District Judges of this State shall each receive an annual salary of five thousand dollars, except the District Judges of the Fourth and Twelfth Judicial Districts, who shall each receive an annual salary of six thousand dollars.

SEC. 3. The County Judges of this State shall receive, respectively, the annual salaries in this section provided, payable as provided by law:

In the County of San Francisco, five thousand dollars.

In the County of Sacramento, three thousand five hundred dollars.

In the counties of El Dorado, Nevada, Placer, San Joaquin, Tuolumne, Butte, and Mariposa, three thousand dollars.

In the counties of Amador, Calaveras, Los Angeles, Sierra, Yuba, Trinity, and Tehama, twenty-four hundred dollars.

In the counties of Alameda, Solano, Sonoma, Sutter, Plumas,
Shasta, and Siskiyou, twenty-one hundred dollars.

In the County of Mono, two thousand five hundred dollars.
In the County of Santa Clara, two thousand dollars.

In the Counties of Marin, Fresno, Napa, and Mendocino, eighteen hundred dollars.

In the County of Tulare, two thousand dollars.

In the Counties of Contra Costa and Yolo, fifteen hundred dollars.

In the Counties of Colusa, Monterey, Santa Barbara, Merced, and Stanislaus, twelve hundred dollars.

In the Counties of Del Norte, Humboldt, Klamath, Lake, Santa Cruz, San Diego, San Mateo, and San Luis Obispo, one thousand dollars.

The Probate Judge of the City and County of San Francisco shall receive a salary of five thousand dollars per annum, to be paid in the same manner as the salary of County Judges is paid.

SEC. 4. The salaries of the Supreme and District Judges shall Salaries, how be paid out of the State Treasury. The salaries of County payable. Judges shall be paid out of the County Treasury of their respective counties.

Controller.

SEC. 5. The Controller of State shall audit, monthly, the sala- Duty of ries of the Justices of the Supreme Court; and District Judges, and draw his warrant on the Treasurer of State in favor of each for the proportionate amount of his salary, which shall be due and payable on the last day of each month in every year.

SEC. 6. The County Auditor of each county shall audit, County monthly, the salary of the County Judge of his county, and Auditor. draw his warrant on the County Treasurer in favor of such Judge for the proportionate amount of his salary, which shall be due and payable on the last day of each month in every year.

SEC. 7. This Act shall take effect on and after the first day of January, eighteen hundred and sixty-four, and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

CHAP. CCCCXXX.-An Act to amend an Act entitled an Act concerning the Office of Secretary of State, passed May fifteenth, eighteen hundred and fifty-four, and other Acts amendatory thereof.

[Approved April 27, 1863.]

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

SECTION 1. Section three of the above entitled Act is hereby amended so as to read as follows:

hours.

Section 3. The Secretary of State shall reside and keep his official days office at the seat of government, which office shall be open for and office the transaction of business every day in the year except Sunday, New Year's Day, Fourth of July, Christmas Day, Thanksgiving Day, and the days on which the General Election and Special Judicial Election are held, from the hour of ten o'clock in the forenoon, until the hour of four o'clock in the afternoon. He shall not leave the State without leave of absence from the Legislature, or by permission from the Governor of the State when the Legislature is not in session.

SEC. 2. Section fifteen of the above entitled Act is hereby amended so as to read as follows:

of laws into

Section 15. During the month of December of cach legisla- Duty as to tive year, it shall be the duty of the Secretary of State to adver- translation tise for proposals for the translation into the Spanish language Spanish. of such laws as may be authorized by the Legislature, in accordance with the law in force on that subject; the proposals which may be received shall be opened on the first Monday in February of the same year in the presence of a joint committee of both Houses of the Legislature, who shall, within ten days thereafter, award the contract to the lowest competent bidder; but not more than one dollar per folio of one hundred words shall

of laws.

be paid for translating, preparing the index, and correcting the proof sheets for the printer, all of which must be done by the translator within three months from the time when he shall have been furnished with the copy by the Secretary of State. The Spanish laws shall be distributed in the same manner as is Distribution provided for the distribution of the laws printed in English, to the Counties of San Diego, San Bernardino, Los Angeles, Santa Barbara, San Louis Obispo, Monterey, Santa Clara, Contra Costa, Alameda, Marin, and Sonoma, and one copy shall also be sent to each of the District Judges of the First, Third, and Seventh Districts. Before entering on his duties, the TransTranslator, lator shall take and subscribe an oath for the faithful and correct translation of the laws and joint resolutions as herein ordered, and give bond, with two good and sufficient sureties, in the sum of five thousand dollars penalty, to be approved by the Secretary of State, conditioned for the entire, correct, and complete translation and service to be done as herein provided; and his account for such services when certified by the Secretary of State, shall be audited by the Controller, and be paid by the Treasurer of State.

State

oath, etc.

Election of
State
Senators.

CHAP. CCCCXXXI.—An Act to amend an Act entitled an Act to define the Senatorial and Assembly Districts of this State, and to apportion the Representation thereof, approved May eighteenth, eighteen hundred and sixty-one.

[Approved April 27, 1863.]

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

SECTION 1. Section twenty-nine of the above entitled Act is hereby amended so as to read as follows:

Section 29. At the next general election in this State there shall be elected, in the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, Fourteenth, Seventeenth, Eighteenth, Nineteenth, Twenty-Second, Twenty-Fifth, TwentySixth, Twenty-Seventh, and Twenty-Eighth Districts, one Senator each; and in the Twelfth, Thirteenth, Fifteenth, Sixteenth, Twentieth, and Twenty-First Districts, two Senators each; also, in the Twenty-Third District, two Senators, one of whom shail be elected by the County of Yuba, and one by the Counties of Yuba and Sutter, jointly; and in the Twenty-Fourth District, two Senators, one of whom shall be elected by the County of Butte, and one by the Counties of Butte and Plumas, jointly; and in the Eighth District, five Senators, four of whom shall be elected in San Francisco County, and one by the Counties of San Francisco and San Mateo, jointly.

SEC. 2. Section thirty of the above entitled Act is hereby amended so as to read as follows:

Section 30. At the Legislature which convenes on the first Monday of December, in the year one thousand eight hundred and sixty-three, the Senate shall, in conformity with section

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