may be taken and subscribed before any officer authorized to administer oaths, and shall be filed with the Secretary of the Board of Trustees. SEC. 8. The Board of Trustees shall have power to make Powers of regulations for securing the health, cleanliness, and good order Board. of the town; to provide for the prevention and extinguishment of fires; to levy taxes, not exceeding one per cent upon the assessed value of the real and personal property within the town, for the maintenance of the Fire Department, and for defraying the ordinary expenses of the town; and to fix by ordinance the commissions of the Marshal for assessing and collecting the same; provided, that said Board of Trustees shall not levy any license tax for the carrying on of any business, trade, or profession, nor pass any ordinance requiring any place of business to be closed on the Sabbath, commonly called Sunday, or imposing any fine or penalty for keeping any place of business open on said day. SEC. 9. The Board of Trustees shall meet on the first Mon- Meetings. day of every month, and at such other times as the President may deem necessary. SEC. 10. At the first regular meeting after each annual elec- Election of tion, the Board of Trustees chosen at such election shall elect officers. from their number a President, a Treasurer, and a Secretary, and from the town at large a Marshal, who shall hold their office for one year, unless removed for misconduct or neglect of official duties. No Trustee shall receive any salary or pay for his services, either as a Trustee, or as an officer of the Board of Trustees. SEC. 11. It shall be the duty of the President to preside at Duty of all meetings of the Board of Trustees; to recommend the officers. adoption of such measures as he may deem expedient for the regulation of the affairs of the town; to exercise a general supervision over the acts of the other officers of the corporation, and to countersign all warrants drawn upon the Treasurer by order of the Board of Trustees. SEC. 12. It shall be the duty of the Treasurer to receive all same. moneys due to the town; to pay all warrants drawn by order of the Board of Trustees, signed by the Secretary, and countersigned by the President; and to keep an accurate account of all receipts and expenditures; and present to the Board of Trustees a full report of the financial condition of the corporation one month before the annual election for Trustees, and at such other times as the Board of Trustees may require. He shall give bond, conditioned for the faithful performance of his duties, in such sum as the Board of Trustees may direct. SEC. 13. It shall be the duty of the Secretary to keep the seal Same. of the corporation, and all papers and documents belonging to the town, (except the books and vouchers of the Treasurer and Marshal,) and to file them in his office under appropriate heads; to attend all meetings of the Board of Trustees, and keep a correct journal of all its proceedings, and a record of all its ordinances; to sign all warrants issued in pursuance of the orders and ordinances of the Board of Trustees, and keep an accurate account, in a suitable book, of all such warrants. The ordinances shall be numbered in the order of their passage, (com Duties of Marshal. Same. Duty of Same. Quorum. Ordinances. Trustees not mencing at number one,) and suitably indexed to facilitate reference thereto. SEC. 14. The Marshal shall assess and collect such taxes as may be levied by the Board of Trustees, and pay such taxes (less his commissions) over to the Treasurer, taking his receipt therefor. He shall collect and pay over to the Treasurer all fines and costs levied or imposed by reason of a violation of any ordinance of the town, and for such purposes shall have the powers conferred by law upon Constables. He shall arrest all persons against whom a warrant directed to him shall be issued by any Justice of the Peace in the town, and may arrest without a warrant, any person actually engaged in the violation of an ordinance. For all services performed by him in cases of violation of ordinances, he shall receive such fees as may be prescribed by the Board of Trustees, to be taxed by the Justice of the Peace having jurisdiction of such violation; provided, that in no case shall he receive greater fees than Constables may be allowed by law for similar services. He shall receive for his services no other remuneration than that provided for by this Act. He shall give bond, conditioned for the faithful performance of his duties, in such sum as the Board of Trustees may direct. SEC. 15. In assessing the property in the town, the Marshal shall copy the valuation of said property from the books of the County Assessor of the County of Sierra, and correct the same in all particulars as the same shall be corrected by the Board of Equalization of said county, and such copy, so corrected, shall be the assessment roll of the town, and constitute the basis of taxation. SEC. 16. The Board of Trustees shall, by ordinance, fix the time and manner of collecting the tax herein provided for, and the time and manner of selling property for unpaid taxes. All property sold for unpaid taxes shall be subject to redemption upon the same conditions as property sold for State and county taxes. SEC. 17. It shall be the duty of the members of the Board of Trustees to attend all regular and special meetings of the Board; to act upon all committees when appointed by the President, and to aid in maintaining the peace and good order of the town, and in enforcing the ordinances. SEC. 18. A majority of the Trustees shall be a quorum to transact business. Each member of the Board shall have one vote. SEC. 19. The sittings of the Board of Trustees shall be public; they shall keep a journal of their proceedings, and the yeas and nays on every question shall be taken, and entered upon said journal. SEC. 20. All ordinances passed by the Board of Trustees shall be signed by the President and Secretary, and published two weeks in a newspaper printed in the Town of Downieville. SEC. 21. No member of the Board of Trustees shall be, to be inte directly, or indirectly, interested in any contract, or sale of any thing belonging to said town, or any work or business ordered to be executed by authority of said Board. For a violation of this section, the member so offending shall be expelled from the rested in contracts. Board, and forever after be excluded from holding any office in said corporation. SEC. 22. The Board of Trustees shall have power to fill any Vacancies. vacancy occurring by death, resignation, or removal. The person selected to fill such vacancy shall take the oath prescribed in section seven of this Act, and hold office until the next annual election for Trustees. SEC. 23. The several Justices of the Peace within said town Justices' shall have jurisdiction: jurisdiction. First-Of an action or proceeding for a fine, penalty, or forfeiture, imposed by breach of any ordinance of the Board of Trustees; and, Second-Of proceedings respecting vagrants and disorderly persons. They may issue such warrants of arrest as may be necessary to enforce such jurisdiction. ment of SEC. 24. All proceedings and actions under this Act, or any Commenceordinance passed in pursuance hereof, shall be commenced by actions. complaint, setting forth the violation of the ordinance, or the act of vagrancy or disorderly conduct complained of, or the offence charged, with such particulars as to time and place, person, or property, as to enable the defendant to understand distinctly the nature of the offence charged, and to answer the complaint. All such complaints shall be verified by the oath of the parties making them. The answer to the complaint may be oral, or in writing, and immediately thereafter the matter shall be tried, unless, for good cause shown, an adjournment be granted. In all cases, the defendant shall, upon demand, be entitled to trial by jury of six persons. SEC. 25. Every Justice of the Peace who shall collect any Fines. fines for breach of any ordinance of the Board of Trustees, shall pay over the same to the Treasurer, taking his receipt therefor; and such Justice of the Peace shall be liable on his official bond for all sums so collected by him. ordinances. SEC. 26. The Board of Trustees shall have power to fix a Violation of term of imprisonment, not exceeding three months, as the penalty for a violation of any ordinance or ordinances. The Sheriff Penalty. of Sierra County shall receive and safely keep, until the expiration of his term of imprisonment, or until discharged by due process of law, any person delivered to him by the Marshal, under a commitment from a Justice of the Peace in the town, and any person delivered to him by the Marshal, Night Watchman, or a Trustee, for safe keeping over night, delivering said person to the Marshal or a Trustee the next morning. Attorney. SEC. 27. The Board of Trustees may appoint a Prosecuting Prosecuting Attorney, to hold office for one year, who shall be entitled, upon conviction of a defendant, to a fee of ten dollars, if collected Fees. from the defendant; but he shall receive no other fee or pay whatever. SEC. 28. The County Judge of the County of Sierra shall Notice of issue the notice for the first annual election of Trustees, in the Election. manner prescribed in section six of this Act. The Inspector and Judges of said election shall each, before entering upon their duties, take an oath before some officer authorized by law to administer oaths, to perform their respective duties honestly Returns of Same. and faithfully. Said Inspector and Judges shall, within one week after said election, issue certificates to the five persons who shall have received the highest number of votes, and shall immediately, after the organization of the Board of Trustees, transmit to the Secretary of the Board the poll list and tally list of said election. SEC. 29. At all elections for Trustees, subsequent to the first, the Inspector and Judges shall make their returns, and forward the same, within three days after such election, to the Secretary of the Board of Trustees, together with the poll list and tally list, inclosing all said documents in a sealed envelop, directed to said Secretary, and indorsed, "Returns of election for Trustees of the Town of Downieville." SEC. 30. One week after each annual election, (except the first,) the Board of Trustees shall meet for the purpose of canvassing the election returns, when the President of the Board shall open said election returns, and declare the names of the persons elected Trustees for the ensuing year; whereupon the Secretary shall issue certificates to the persons so declared elected. The persons holding such certificates shall be installed into office at the next succeeding regular meeting, unless their election be contested within two weeks after the election; in which case, the old Board shall try and determine such contest before such regular meeting, and their decision shall be final. SEC. 31. No Inspector, Judge, or Clerk of Election, appointed under the provisions of this Act, shall receive any pay or remuneration for services as such Inspector, Judge, or Clerk. SEC. 32. This Act shall take effect immediately. Salaries. CHAP. LXXVI.-An Act to amend an Act entitled an Act in relation to the County Officers of Sierra County, approved May seventeenth, eighteen hundred and sixty-one, and an Act amendatory of the same, approved April third, eighteen hundred and sixty-two. [Approved March 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section seven of said Act shall be amended so as to read as follows: Section 7. The County Auditor of said County shall receive as a compensation for all services required of him by law, a salary of one thousand five hundred dollars per annum, to date from October first, A. D. one thousand eight hundred and sixty-two, the same to be audited by the County Judge. The County Superintendent of Schools of said county shall receive for all services required of him by law, a salary of four hundred dollars per annum. The Board of Supervisors of said County shall each receive a salary of eight dollars per day, and not to exceed the sum of six hundred dollars per annum, for all services rendered to the county by them, and the Auditor is hereby authorized and required to audit their account, and draw his warrant for actual services rendered only. The District Attorney shall receive for his services a salary of fifteen hundred dollars per annum, in addition to the fees now allowed by law. SEC. 2. lows: Section eleven shall be amended so as to read as fol Section 11. Said officers, from and after the first Monday in Duties of October, A. D. one thousand eight hundred and sixty-one, shall officers. each keep a book, denominated a Fee Book, which book shall be the property of the county, and shall be open during office hours to public inspection. In this book shall be entered in detail all fees or compensation of whatever nature or kind collected or chargeable. In one column, the fees or compensation belonging to the county; in another column, the fees or compensation which, under this Act, may be retained by the officer. On the first Monday in November, A. D. one thousand eight hundred and sixty-one, and on the first Monday in each month thereafter, the officer shall carefully add up the several columns and set down the totals. The compensation and fees collected and chargeable for the county shall be paid to the County Treasurer, accompanied by a statement in duplicate, under oath, of the gross or total amount of all fees or per centage and compensation of whatever nature and kind collected for or chargeable to the county. Upon receiving the Treasurer's receipt for the payment of fees or compensation, said receipt and one of the statements herein required to be made out in duplicate, shall be filed with the Auditor, and until the payment of such fees or compensation which, under this Act, shall belong to the county, shall be paid to the Treasurer, and until such Treasurer's receipt and such officer's statement have been filed with the Auditor, said Auditor is prohibited from drawing his warrant in favor of such officer, or any of his Deputies. It is hereby expressly provided, that any officer crediting any fee or per centage for official services, which, under this Act, is provided to be paid into the County Treasury, shall do it at his own risk, and such officer shall set down the same in his fee book, and it shall be paid by him into the County Treasury, the same as if he had collected the same at the time or prior to the performance of the services for which such fee or per centage was chargeable. The duplicate certificates herein provided to be filed with the Treasurer and Auditor shall be sworn to as follows: I, Sheriff, (or other officer, as the case may be,) of the County of Sierra, do solemnly swear that the entire fees, compensation, per centage, and payment for official services rendered by me or any of my Deputies, or person connected with my office, for me, has been entered in detail in the fee book of my office, and added up, and that the portion belonging to the county is dollars, and that the said amount is the full amount received or chargeable since the last payment, and that neither myself, nor, to my knowledge, any of my Deputies, has rendered any service, except for the county, which is not entered and added up to make the aforesaid sum. SEC. 3. Section thirteen of said Act shall be amended so as to read as follows: Oath. |