of immigration, in carrying out the provisions of this act, and he shall have all the powers and be liable to all the penalties provided for in this act. [Amendment, approved May 2, 1862, 486; took effect from passage.

iminigration.

3629. SEC. 12. For the port of San Francisco there shall be appointed by the gov- Commissioner of ernor of the State, by and with the advice and consent of the senate, a “Commissioner 20 Cal 507. of Immigration," who shall, in the City of San Francisco, discharge all the duties required by this act. He shall hold his office for four years, and before entering upon his duties, he shall file in the office of the secretary of State a bond, with sufficient sureties, in the sum of twenty-five thousand dollars, to be approved by the governor, for the faithful performance of his duties. He shall receive a commission of twenty per cent. on all moneys collected by him and paid into the State treasury under this act. He shall approve all bonds and administer all oaths and affirmations required in the discharge of his duties. Whenever it shall appear to said commissioner that the master or commander of any vessel has not made a full and correct report, as provided by this act, it shall be his duty to inquire into the same, and for that purpose may require the attendance of witnesses before him, in the same manner as provided before district courts in civil cases. Depositions so taken may be read as evidence on the trial of any suit commenced for any penalty or forfeiture accruing under the provisions of this act, in the same manner and with the like effect as if regularly taken in such suit.() [Amendment, approved April 2, 1863, 150; took effect from passage.

vessels

3630. SEC. 13. Masters or commanders arriving at any of the ports of this State, Masters of from any port in this State, or from Oregon or Washington Territory, are exempt from exempted. making the statement required to be made by the first section of this act, when the water-craft in which they arrive have not taken on board at their port of departure, or at any intermediate port, any alien person or passengers, to be landed at said port of arrival; and masters or commanders of steamers arriving from Panama are also exempted from the provisions of this act, when they shall not have landed, or are not about to land, persons or passengers who took their departure from ports other than the port of New York; and in no case shall such master or commander be required to report any person or passengers other than way passengers taken on board between said port of New York and said port of arrival in this State. The consuls, ministers, Persons agents, or other public functionaries of any foreign government, arriving in this State exempted. in their official capacity, are exempt from the provisions of this act. [Amendment, approved May 2, 1862, 486; took effect from passage.

3631. SEC. 14. Sections one, two, and three, of an act entitled "An act to provide sections of a revenue for the State marine hospital at San Francisco," passed twenty-sixth of former acts repealed. March, eighteen hundred and fifty-one, and an act amendatory of "An Act providing for the creation of a marine hospital, for the State of California," passed seventh of February, eighteen hundred and fifty-one, are hereby repealed.

3632. SEC. 15. The governor may at any time, for cause shown, remove said com- The governor missioner of emigrants, and fill the vacancy by an appointment pro tempore, during may remove the recess of the senate, until the next session of the senate.

SEC. 16. This act shall take effect from and after its passage.

An Act to amend the foregoing act of May 3, 1852.

Approved February 15, 1860, 32.

[SECTION 1 Contains the amendment to Sec. 12 of the foregoing act of February 15, 1860, referred to in a note thereto.]

commissioner.

See 8629.(*)

3633. SEC. 2. The office of commissioner of emigrants is hereby abolished, and all Office abolished. the duties and functions heretofore devolving upon that office, shall be performed by the superintendent of immigration created by this act.

clause.

SEC. 3. Section second of an act entitled "An Act to amend an act entitled 'An Act Repealing concerning passengers arriving in the ports of the State of California,'" passed April second, one thousand eight hundred and fifty-three, is hereby repealed.

[The above act was declared to take effect immediately, by act approved March 5, 1860, 58. The Sec. 2, referred to in Sec. 3, was the amendment of 1853 to Sec. 12 of the act of May 3, 1852.]

An Act amendatory of and supplemental to the act of May 3, 1852, and the several acts amendatory thereof and supplemental thereto.

Approved May 2, 1862, 486.

[Sections 1, 2, 3, and 4, contain the amendments to Secs. 3, 10, 11, and 13 of the act of May 3, 1852, therein inserted.]

() The original section had been amended previously by act approved April 2, 1858, 71; and again by act approved February 15, 1860, 32.

(") The office is now that of commissioner of immigration, by virtue of an act of April 2, 1862, 150, amending Sec. 12 of the foregoing act, see ante, 8629.

Fees.

Duties of superintendent of immigration.

Penalty for violating act.

District

attorney,

duties of

Office of superintendent abolished.

3634. SEC. 5. The superintendent of immigration, or the mayor, shall be entitled to receive a commission of twenty per cent. on all moneys collected by him and paid into the State treasury, under this act, and the act to which this is supplemental, and he shall have no further allowance or compensation under the name of "office rent,” stationery," ""contingencies," or otherwise, under any pretext whatever. It shall be the duty of said superintendent of immigration, or mayor, to prepare all bonds and affidavits of justification required to be given by the owners or consignees, captains or commanders, of vessels, and to administer the oath of affirmation to the sureties upon such bonds, and for each of said bonds he shall charge and collect a fee of three dollars, which he shall pay to the treasurer of State, in the manner provided for the payment of moneys in section four of the act to which this is supplemental, and if he shall neglect to administer the oath to such sureties, or to require them to justify on each bond, as required by said act, he shall forfeit and pay to the State of California the penal sum of one hundred dollars for each offense.

3635. SEC. 6. The said superintendent of immigration shall not, directly or indirectly, demand or receive for any services whatever, appertaining in any manner to his office, any other or larger fees, commissions, or other compensation, than as expressly allowed in this act. And if he shall so demand or receive any such other or larger fees, or other compensation, he shall forfeit and pay to the State of California the penal sum of one hundred dollars for each offense, and shall also be liable to the person or persons from whom such other or larger fees or compensation, as aforesaid, are demanded and received, for double the amount so demanded and received, and for the further sum of one hundred dollars, as special, fixed, and ascertained damages, and all forfeitures to this State, and all liabilities incurred under this act, may be collected on his official bond.

3636. SEC. 7. It shall be and is hereby made the special duty of the district attorney of the City and County of San Francisco, and of any other county in which the provisions of this act, or the act to which this is supplemental, may be violated, to collect and enforce the payment of all forfeitures to the State, incurred under this act, or the act to which this is supplemental; and one-fourth the money so collected shall be retained by him, as compensation for his services, and the other three-fourths shall be paid into the county treasury of said county, to be paid into the State treasury for State purposes.

SEC. 8. This act shall take effect and be in force from and after its passage.
An Act to amend the act of May 3, 1852.

Approved April 2, 1863, 150.

[SECTION 1 contains the amendment of Sec. 12 of the act of May 3, 1852, therein inserted.] 3637. SEC. 2. The office of superintendent of immigration is hereby abolished, and all the duties and functions heretofore devolving upon that officer shall be performed by the commissioner of immigration created by this act.

SEC. 3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

SEC. 4. This act shall take effect and be in force from and after its passage.

An Act to provide for the indigent sick in the counties of this State (directing the moneys received in commutation of bonds under the foregoing act of May 3, 1852, 76, to be used for protection and support of indigent sick), approved April 11, 1855, 67.

See INDIGENT SICK, post, 3674.

An Act concerning the State revenue (requiring the commutation and other moneys pay. able under the foregoing act of May 3, 1852, 76, to be paid in gold and silver coin,) approved April 4, 1864; 1863-4, 364.

See REVENUE, post, 6500.

Discharge of im

prisoned debtors.

Imprisoned Debtors.

An Act for the relief of persons imprisoned on civil process.

Passed April 22, 1850, 407.

3638. SECTION 1. Every person confined in jail on an execution or order issued on a judgment rendered in a civil action, shall be discharged therefrom on the conditions hereinafter specified.() [Amendment, approved March 21, 1863, 93.

3669. SEC. 2. Such person shall cause a notice in writing to be given to the plaintiff, Notice of application his agent or attorney, that at a certain time and place he will apply to the judge of the for discharge. district court of the county in which his person may be confined; or, in case of his absence or inability to act, to the judge of the county court of the county in which such person may be imprisoned, for the purpose of obtaining a discharge from his imprisonment. In the County of San Francisco, the application may be made to a judge of the superior court of the City of San Francisco.

3640. SEC. 3. Such notice shall be served upon the plaintiff, his agent or attorney, Service of notice on plaintiff. one day at least before the hearing of the application, in cases where the plaintiff, his agent or attorney, lives within twenty miles of the place of hearing; and one day shall be added for every additional twenty miles that such person may reside from the place of hearing.

3641. SEC. 4. At the time and place specified in the notice, such person shall be Examination as to property of taken before such judge, who shall examine him under oath concerning his estate, and applicant. property, and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed, and such judge shall also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor. 3642. SEC. 5. The plaintiff in the action may, upon such examination, propose to Plaintiff may examine applicant. the prisoner any interrogatories pertinent to the inquiry; and they shall, if required by him, be proposed and answered in writing; and the answer shall be signed and sworn to by the prisoner.

oath.

3643. SEC. 6. If, upon the examination, the judge shall be satisfied that the prisoner Applicant before is entitled to his discharge, such judge shall administer to him the following oath, to- discharge to take wit: "I do solemnly swear that I have not any estate, real or personal, to the amount of fifty dollars, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to defraud my creditors: so help me God."

3644. SEC. 7. After administering the oath, the judge shall issue an order that the Discharge. prisoner be discharged from custody, if he be imprisoned for no other cause; and tho officer, upon the service of such order, shall discharge the prisoner forthwith, if he be imprisoned for no other cause.

refused may

3645. SEC. 8. If such judge should not discharge the prisoner, he may apply for his Application discharge at the end of every succeeding ten days, in the same manner as above pro- be renewed. vided, and the same proceedings shall thereupon be had.

final.

3646. SEC. 9. The prisoner, after being so discharged, shall be forever exempted Discharge to be from arrest or imprisonment for the same cause of action, unless he shall be convicted of having wilfully sworn falsely upon his examination before the judge, or in taking the oath before prescribed.(") [Amendment, approved March 21, 1863, 93.

remain in force

3647. SEC. 10. The judgment against any prisoner who is discharged as aforesaid, Judgment to shall remain in full force against any estate, which may then or at any time after- against property. wards belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed.

3648. SEC. 11. The plaintiff in the action may at any time order the prisoner to be Plaintiff may give discharge. discharged, and he shall not thereafter be liable to imprisonment for the same cause of action.

non-payment

3649. SEC. 12. Whenever a person is committed to jail on an execution or order Discharge for issued on a judgment recovered in a civil action, the creditor, his agent, or attorney, of expenses. shall advance to the jailer, within twenty-four hours after such commitment, sufficient money to pay for the support of said prisoner during the time for which he may be imprisoned; and in case the money should not be so advanced, or if, during the time the prisoner may be in confinement, the money should be expended in the support of such prisoner, and the creditor should neglect for twenty-four hours to advance such further sum as might be necessary for his support, the jailer shall forthwith discharge such prisoner from custody; and such discharge shall have the same effect as a discharge by order of the creditor.(') [Amendment, approved March, 21, 1863, 93.

(") The original section used the word "debt" instead of the words "cause of action."

(*) The original section was the same, except that it did not contain the words "or order."

529

Indians.

Jurisdiction of

complaints by and against Indians.

Indians to be
permitted to
reside on lands

now occupied by
them.
Proviso.

Appeal.

Improper treatment of Indian minors.

Hiring of
Indians.

Complaints.

Witnesses.

Abduction of Indians and other offenses.

Indian fund.

An Act for the government and protection of Indians.

Passed April 22, 1850, 408,

3650. SECTION 1. Justices of the peace shall have jurisdiction in all cases of complaints by, for, or against Indians, in their respective townships in this State.

3651. SEO. 2. Persons and proprietors of lands on which Indians are residing, shall permit such Indians peaceably to reside on such lands, unmolested in the pursuit of their usual avocations for the maintenance of themselves and families; provided, the white person or proprietor in possession of such lands may apply to a justice of the peace in the township where the Indians reside, to set off to such Indians a certain amount of land, and, on such application, the justice shall set off a sufficient amount of land for the necessary wants of such Indians, including the site of their village or residence, if they so prefer it; and in no case shall such selection be made to the prejudice of such Indians, nor shall they be forced to abandon their homes or villages where they have resided for a number of years; and either party feeling themselves aggrieved, can appeal to the county court from the decision of the justice: and then [when] divided, a record shall be made of the lands so set off in the court so dividing them, and the Indians shall be permitted to remain thereon until otherwise provided for.

[SEC. 3 (referring to Indian children in the custody of whites) was amended by act approved April 18, 1860, 196, and afterwards, with the amendment, repealed by act approved April 27, 1863, 743.]

3652. SEC. 4. Any person having a minor Indian in his care, as described in the foregoing section of this act, who shall neglect to clothe and suitably feed such minor Indian, or shall inhumanly treat him or her, on conviction thereof shall be subject to a fine not less than ten dollars, at the discretion of a court or jury; and the justice of the peace, in his discretion, may place the minor Indian in the care of some other person, giving him the same rights and liabilities that the former master of said minor was entitled and subject to.

3653. SEC. 5. Any person wishing to hire an Indian, shall go before a justice of the peace with the Indian, and make such contract as the justice may approve, and the justice shall file such contract in writing in his office, and all contracts so made shall be binding between the parties; but no contract between a white man and an Indian for labor shall otherwise be obligatory on the part of an Indian.

3654. SEC. 6. Complaints may be made before a justice of the peace, by white men or Indians, and in all cases arising under this act, Indians shall be competent witnesses, their credibility being left with the jury.(") [Amendment, approved April 28, 1855, 179.

3655. SEC. 7. If any person shall forcibly convey any Indian from any place without this State, to any place within this State, or from his or her home within this State, or compel him or her to work or perform any service, against his or her will, except as provided in this act, he or they shall, upon conviction thereof, be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, before any court having jurisdiction, at the discretion of the court, and the collection of such fine shall be enforced as provided by law in other criminal cases, one-half to be paid to the prosecutor, and one-half to the county in which such conviction is had. [Amendment, approved April 18, 1860, 196.

3656. SEO. 8. It shall be the duty of the justices of the peace, once in six months, in every year, to make a full and correct statement to the board of supervisors of their county of all moneys received for fines imposed on Indians, and all fees allowed for services rendered under the provisions of this act, and said justice shall pay over to the county treasurer of their respective counties all money they may have received for fines and not appropriated on fees for services rendered under this act, and the treasurer shall keep a correct statement of all money so received, which shall be termed the "Indian Fund" of the county. The treasurer shall pay out any money of said funds in his hands, on a certificate of a justice of the peace of his county, for fees and expenditures incurred in carrying out the provisions of this law. [Amendment, approved April 27, 1863, 755.

() The original section provided that a white man should or Indians. See, in this connection, Sec. 14 of the statutes of not be convicted of any offense upon the testimony of an Indian crimes and punishments.

instructed in

3657. SEC. 9. It shall be the duty of justices of the peace, in their respective town- Indians to be ships, as well as all other peace-officers in this State, to instruct the Indians in their laws relating to neighborhood in the laws which relate to them, giving them such advice as they may them. deem necessary and proper; and if any tribe or village of Indians refuse or reglect to obey the laws, the justice of the peace may punish the guilty chiefs or principal men by reprimand or fine, or otherwise reasonably chastise them.

3658. SEO. 10. If any person or persons shall set the prairie on fire, or refuse to Prairie on fire. use proper exertions to extinguish the fire when the prairies are burning, such person

or persons shall be subject to fine or punishment, as the court may adjudge proper.

3659. SEC. 11. If any Indian shall commit an unlawful offense against a white per- Offenses by son, such person shall not inflict punishment for such offense, but may, without pro- white persons. Indians against cess, take the Indian before a justice of the peace, and, on conviction, the Indian shall be punished according to the provisions of this act.

3660. SEC. 12. In all cases of trial between a white man and an Indian, either party Jury trial. may require a jury.

3661. SEC. 13. Justices may require the chiefs and influential men of any village Indian offenders. to apprehend and bring before them or him any Indian charged or suspected of an

offense.

3662. SEC. 14. When an Indian is convicted of an offense before a justice of the Working out fine peace, punishable by fine, any white person may, by consent of the justice, give bond and costs. for said Indian, conditioned for the payment of said fine and costs, and in such case the Indian shall be compelled to work for the person so bailing, until he has discharged

or canceled the fine assessed against him; provided, the person bailing shall treat the Proviso.
Indian humanely, and clothe and feed him properly; the allowance given for such
labor shall be fixed by the court, when the bond is taken.

3663. SEO. 15. If any person in this State shall sell, give or furnish, or knowingly Penalty for selling intoxicating cause to be sold, given or furnished to any Indian, male or female, any intoxicating liquors. liquors, he, she or they so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined not less than forty, nor more than five hundred dollars, or be imprisoned not less than ten days, nor more than three months, or fined and imprisoned, as the court shall determine. [Amendment, approved April 28, 1855, 179. 3664. SEC. 16. An Indian convicted of stealing horses, mules, cattle, or any valua- Punishment of ble thing, shall be subject to receive any number of lashes not exceeding twenty-five, ed of stealing. or shall be subject to a fine not exceeding two hundred dollars, at the discretion of the court or jury.

Indians convict

3665. SEC. 17. When an Indian is sentenced to be whipped, the justice may appoint Sentence of whipping, how a white man, or an Indian, at his discretion, to execute the sentence in his presence, executed." and shall not permit unnecessary cruelty in the execution of the sentence.

fines.

3666. SEC. 18. All fines, forfeitures and penalties incurred under or by virtue of this Appropriation of act, except section fifteen, shall, after payment of the costs of prosecution, be paid into the county treasury to the credit of the Indian fund, as provided in section eight; and all fines recovered under section fifteen shall, after payment of costs, be paid, one-half to the informant, and the other half into the county treasury, to the credit of such Indian fund. [Amendment, approved April 28, 1855, 179.

3667. SEC. 19. All white persons making application to a justice of the peace, for Fees of justices. confirmation of a contract with or in relation to an Indian, shall pay the fee, which shall not exceed two dollars for each contract determined and filed as provided in this act, and for all other services, such fees as are allowed for similar services under other laws of this State; provided, the application fee for hiring Indians, or keeping minors, Proviso. and fees and expenses for setting off lands to Indians, shall be paid by the white person applying.

3668. SEC. 20. Any Indian able to work and support himself in some honest calling, Able-bodied Indian vagrants. not having wherewithal to maintain himself, who shall be found loitering and strolling about, or frequenting public places where liquors are sold, begging, or leading an immoral or profligate course of life, shall be liable to be arrested on the complaint of any resident citizen of the county, and brought before any justice of the peace of the proper county, mayor or recorder of any incorporated town or city, who shall examine said accused Indian, and hear the testimony in relation thereto, and if said justice, mayor, or recorder shall be satisfied that he is a vagrant, as above set forth, he shall make out a warrant under his hand and seal, authorizing and requiring the officer having him in charge or custody, to hire out such vagrant within twenty-four hours to the best bidder, by public notice given as he shall direct, for the highest price that can be had, for any term not exceeding four months; and such vagrant shall be subject to