ppropriation. CHAPTER LXIX. AN ACT For the Relief of Preston K. Woodside. [Approved April 4. 1855.] The People of the State of California, represented in Senate and SECTION 1. The sum of seven hundred and one dollars is hereby appropriated, to be paid out of the "General Fund," to Preston K. Woodside, for service for the people of the State in criminal cases, while he was Clerk of the Supreme Court; and the Controller of State is hereby directed to issue warrants for the above-mentioned sum in favor of said Woodside, to be paid out of any moneys in the Treasury not otherwise appropriated. Special tax. Amount. For what To cease. CHAPTER LXX. AN ACT To authorize the Board of Supervisors in and for the County of Sutter, to levy a Special Tax, for the Erection of Public Buildings in said County. [Approved April 4, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors in and for the County of Sutter, are hereby authorized and empowered to levy and cause to be collected, in the same manner and at the same time as other State and county revenue, the following annual tax, to wit: a sum not to exceed one-half of one per cent. upon all the taxable property in said county, for the erection of a Court House and Jail. SEC. 2. The said fund shall be applied to the erection and furnishing of a County Jail and Court House, and shall be applied to no other purpose. SEC. 3. Whenever said building shall be completed, furnished and paid for, this Act shall cease, and be of no effect. CHAPTER LXXI. AN ACT Concerning the Duties of County Treasurer. [Approved April 6, 1855.] The People of the State of California, represented in Senate and SECTION 1. It shall be the duty of the several County Treasurers County Treato make a detailed report, at every regular meeting of the Board of surer to report. Supervisors of his county, of all moneys received by him, and the disbursements thereof, and of all debts due to and from the county, and of all other proceedings in his office, so that the receipts into the Treasury and the amount of disbursements, together with the debts due to and from the county, may clearly and distinctly appear. to publish. SEC. 2. It shall be the duty of the Board of Supervisors to cause Supervisors each and every report made according to the provisions of section. first of this Act, to be published in some newspaper in their county; and if there is no newspaper published in their county, then they shall cause the same to be posted in five public places in the county. SEC. 3. If any County Treasurer shall neglect, or refuse to report, Penalty. as required in section first of this act, he shall forfeit and pay the sum of five hundred dollars for every such neglect or refusal, to be recovered by action of debt or information, in the name of the people of the county, in any court of competent jurisdiction, and applied to the use of the county; and it shall be the duty of the Board of Supervisors to institute such suit or suits. SEC. 4. That this Act shall take effect and be in force from and after the 1st day of July next. CHAPTER LXXII. AN ACT To Legalize certain Records in the County of Nevada. [Approved April 7, 1855.] The People of the State of California, represented in Senate and SECTION 1. The records of the District Court, County Court, Court of Sessions and Probate Court, of Nevada County, as the same are transcribed from Book "A" of each of said Courts, by order of the Judges of each of said Courts, are hereby legalized. Where sum exceeds $500. Petition. Surety. Special bail. Cause may be removed. CHAPTER LXXIII. AN ACT To provide for certifying and removing certain cases from the Courts [Approved April 9, 1855.] The People of the State of California, represented in Senate and SECTION 1. If a suit be commenced in any Court of this State, against an alien, or by a citizen of this State against a citizen of another State, and the matter in dispute exceeds the sum or value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the Court, and the defendant shall, at the time of entering his appearance in such Court of this State, file a petition for the removal of the cause for trial into the next Circuit Court of the United States, or District Court of the United States, having the powers and jurisdiction of a Circuit Court, to be held in the district where the suit is pending, and offer good and sufficient surety for his entering in such Court, on the first day of its session, copies of said process against him, and also for his there appearing and entering special bail in the cause, if bail was originally requisite therein, it shall then be the duty of such Court of this State to accept the surety and proceed no further in the cause; and all subsequent proceedings which may be taken or had in such Court in contravention of the provisions of this section, shall be void and of no force or effect for any purpose whatsoever. SEC. 2. A final judgment or decree in any suit in the highest Court of law or equity of this State in which a decision of the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under this State on the ground of their being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of such, their validity; or where is drawn in question the construction of any clause of the Constitution of the United States, or of a treaty, or of a statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission, may be removed by writ of error to, and be re-examined and reversed or affirmed in the Supreme Court of the United States, in the manner prescribed by the laws of the United States; and upon the issuance and service of such writ of error, the Chief Justice or any Judge of the Court, rendering or passing the judgment or decree complained of, upon being applied to by the plaintiff in error, or his attorney, shall sign the requisite citation to the adverse party. 1 SEC. 3. After a final judgment shall have been rendered in any Duty of court. suit in the highest Court of this State, if the party against whom the decision may have been given, shall within ten days thereafter file notice, in writing, with the Clerk, of his intention to remove the cause, by writ of error, to the Supreme Court of the United States, and shall offer sufficient security, to be approved by the Judge of the Supreme Court, or any District Court of this State, for the prosecution of such writ of error, it shall be the duty of the said Court in which such final judgment was rendered, or any Judge thereof at chambers, to stay all proceedings for such time not exceeding four months, to be fixed by the said Court or Judge, as will be sufficient to enable such party to apply for and serve his writ of error in the mode prescribed by the laws of the United States, and upon the receipt of such writ of error the Clerk of the Court in which the record may be, and to Duty of Clerk. which the writ may be directed, shall make return thereto, and send up the record or a transcript, without the necessity of any other or further order or authority whatsoever. SEC. 4. If any Judge, Clerk, or other officer of any Court of this Misdemeanor. State, shall knowingly and voluntarily act in contravention of the provisions of this act, he shall be deemed guilty of a misdemeanor in office and liable to impeachment and removal from office. CHAPTER LXXIV. AN ACT To Regulate Fees of Office. [Approved April 10, 1855.] The People of the State of California, represented in Senate and SECTION 1. Such fees are allowed to the officers hereinafter Fees of officers. named, for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may law fully charge, demand and receive the same. FEES OF CLERK OF THE SUPREME COURT. SEC. 2. For filing each transcript of record from an inferior Court, Clerk of four dollars. For entering any motion, rule or order, two dollars. Supreme Court. For entering judgment, for first folio, two dollars; for each subsequent folio, one dollar. For each certificate given at request, and on seal, two dollars. For copy of record or opinion of Court, or other papers, for each folio, thirty cents. For entering each cause on calendar, and making copy for the bar, one dollar. For every remittitur Suitors and or mandate, for each folio, thirty cents. For searching records or files in his office, (but no charge shall be made to suitors or attor neys,) for each year searched, one dollar. Filing each paper, fifty cents. For certificate of admission as attorney or counsellor, and seal, ten dollars. For administering oath or affirmation and copying the same, one dollar. For taking and writing out acknowledgment of deeds or other instruments, for each signature, including seal, one dollar. For recording opinion of Court, each folio, thirty cents. For issuing any process of Court, including seal, two dollars. Notaries Public. Provisions apply to certain counties FEES OF NOTARY PUBLIC. SEC. 3 For drawing and copying every protest for the non-payment of a promissory note, or for the non-payment, or non-acceptance of a bill of exchange, draft or check, two dollars. For drawing and serving every notice of non-payment of a promissory note, or of the non-payment or non-acceptance of a bill of exchange, order, draft, or check, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition, or other paper for which provision is not herein made, for each folio, thirty cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for each signature, one dollar. For administering an oath or affirmation, twenty-five cents. For every certificate, to include writing the same, and the seal, one dollar. SEC. 4. In the counties of El Dorado, Placer, Calaveras, Sutter, Yuba, Tuolumne, Sierra, Siskiyou, Klamath, Mariposa, Shasta, Trinity, Nevada, Colusi, Plumas and Amador, the fees of office shall be as prescribed in this Act from Section fourth to Section twentysecond inclusive, for the officers named in such parts of this Act, and all provisions contained in such parts of this Act, shall apply to said officers in these counties. Clerk of FEES OF CLERK OF DISTRICT COURT. SEC. 5. For entering each suit on the Clerk's Register of District Court. Actions, and making the necessary entries therein, during the progress of the trial, for each folio, forty cents. For issuing every writ or process, under seal, one dollar. For issuing subpoena for each witness, twenty-five cents. For filing such paper, twenty-five cents. For entering every motion, rule, order, or default, fifty cents. For entering every discontinuance, dismissal or non-suit, fifty cents. For entering every cause on the calendar and making a copy thereof for the Bar, for each term of the Court, one dollar. For calling and swearing every Jury, one dollar. For receiving and entering each verdict of a Jury, one dollar. For entering every final judgment, for the first folio, one dollar and fifty cents. For each subsequent folio, forty cents. For filing judgment roll, forty cents. For entering judgment on judgment docket, fifty cents. For entering satisfaction of judgment, one dollar. For administering every oath or affirmation, twenty-five cents. For certifying every oath or affirmation, twenty-five cents. For copy of any proceeding, record or paper, for each folio, forty cents. For every certificate, under seal, one dollar. |