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Fixing compensation of clerk of board of supervisors, 1858, 109.
Allowing L. Carson to sell certain real estate (as guardian of
John S. Williams, jr., an infant), 1858, 210; 1859, 306.
Authorizing board of supervisors to issue bonds, &c., not ex-
ceeding $230,000, to be expended in constructing railroads and
wagon roads, &c., 1858, 242.

Legalizing assessment of real and personal property made during
1856 and 1857 by J. H. Lillard, 1859, 28.
Authorizing M. Massett to remove remains of deceased persons,
1859, 59.

Authorizing and empowering board of supervisors to levy
special tax for contingent purposes, 1859, 108; 1862, 86.
Authorizing and empowering county clerk to transcribe certain
records, and legalizing same, 1859, 119.

Authorizing recorder of Tehama County to transcribe certain
records, 1859, 151.

Providing for settling the boundary line between Butte and
Yuba Counties, 1859, 225.

Legalizing and confirming election of county surveyor, 1859,

256.

Exempting estate of Charles Evans, deceased, from process of
administration, 1859, 305.

Fixing commencement of terms of office, 1859, 837.
Authorizing coroner to remove bodies of deceased persons,
1859, 858.

Extending time for collection of taxes for 1859, 1860, 8,
Authorizing guardian of J. K. P. Potter, minor heir of John
Potter, deceased, to sell certain real estate, 1860, 50.
Authorizing administrator of estate of F. P. Bohem, deceased,
to sell certain real estate, 1860, 51.
Authorizing Butte County to purchase and hold $200,000 of first
mortgage bonds of California Northern Railroad Company,
and to issue bonds, &c., 1860, 90, 133.

Defining locality of village of Strawberry Valley, 1860, 115.
Concerning roads and highways, 1860, 117; 1861, 398.
Authorizing and empowering guardian of Frank S. Eckert to
convey certain lands, 1860, 127.

Concerning collection of revenue, 1860, 279.
Extending time for collection of taxes, 1861, 18.

Providing for collection of delinquent taxes, 1861, 92.
Granting right of way to construct toll bridge across Feather
River, near Oroville, to H. B. Lathrop and others, 1861, 97.
In relation to compensation of county auditor, 1861, 155,
Changing boundary line between Butte and Yuba Counties at
Woodville House, 1861, 167.
Authorizing P. Ord sell certain real estate of his infant chil-
dren, 1861, 186.

Authorizing board of trustees of Oroville cemetery to give pur-
chasers of lots proper certificates of purchase, and to manage
cemetery, 1861, 225.

Prescribing duties and providing for compensation of county
officers, 1861, 287; 1862, 224; 1863-4, 184.

Authorizing removal of human remains by D. C. Downer and
others, 1862, 166.

In relation to board of supervisors, and concerning their powers,
1862, 236, 537; 1863, 328.

Appropriating certain funds (out of contingent fund to salary
fund), 1862, 311.

Concerning office of county assessor, 1863, 24.

Authorizing Butte County to purchase and hold $66,000 of first
mortgage bonds of California Northern Railroad Company,
and to issue bonds, &c., 1863, 237.

Authorizing J. Bidwell and others to construct wagon road,
1863, 291; 1863-4, 185.

Authorizing board of supervisors to appropriate certain moneys,
1863, 346.

Authorizing board of supervisors to loan certain money, 1863,
373.

Granting right to construct toll bridge across Feather River near
Oroville, to J. M. Clark and others, 1863, 491; 1863-4, 157.

Granting to Bidwell Bridge Company right to keep and maintain
present bridge across Feather River at Bidwell as toll bridge,
and to reconstruct same, 1863, 558.

Providing for opening and grading Huntoon Street, in Oroville,
from Railroad Depot to Safford Street, 1863–4, 56.

In relation to board of supervisors, defining their powers and
duties, &c., and to reduce public expenses and taxation, 1863–4,
328.

Authorizing probate court to affirm certain sale of real estate by Authorizing board of supervisors to loan certain money (to
administrator of J. P. Bowen, deceased, 1861, 72.

Oroville and Woodville Turnpike Company), 1563–4, 533.

Calaveras County.

REFERENCES TO SPECIAL AND LOCAL ACTS,

489. Boundaries, 1850, 63, 262; 1851, 175; 1854, 156; 1861,
235; 1863-4, 178.

Seat of justice, 1850, 63, 262; 1851, 175, 828; 1852, 177; 1854, 156;
1863, 228.

To fund and provide for payment of debt, 1852, 173; 1857, 72.
Providing for treasurer to be collector of taxes till decided who
is sheriff, 1852, 176.

Authorizing surveyor to rent office, 1858, 147.
Abolishing board of supervisors, 1853, 153, 181.
Granting electors privilege to vote for or against division of
county, and to organize Amador County, 1854, 156.
Changing name of Sutter, Jackson, and Drytown Water Mining
Company to that of Jackson Water Company, 1854, 195.
Changing time of holding county court and court of sessions,
and changing manner of summoning jury for county court,
1855, 164; same and concerning probate court, 1857, 28; 1863,
Providing for ascertainment of indebtedness of Calaveras County
prior to organization of Amador County, and for payment of
portion due from Amador, 1855, 165.
Authorizing board of supervisors to levy special tax for pur-
chasing, erecting and constructing public buildings, 1855, 188.
Authorizing board of supervisors to pay current expenses of
county, 1856, 33; 1857, 152.

10.

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To fund entire indebtedness contracted prior to November 1st,
1858, and provide means for payment, 1859, 66.
To remedy loss of certain certificate of Mokelumne Hill Canal
and Mining Company, 1859, 155, 251.

To confirm and legalize assessment roll or tax list for 1859, and
authorize collection, 1860, 40; 1861, 81.

Authorizing administrator of John Andrews, deceased, to sell
real and personal estate, 1860, 187.

Providing for maintenance of indigent sick, 1860, 228.

Authorizing board of supervisors to levy special tax, and pro-
viding for building a bridge, 1861, 157; 1862, 167.
Granting right to construct turnpike road between Mokelumne
Hill and Golden Gate Ranch on Stockton road, 1861, 313.
To fund indebtedness contracted prior to March 18th, 1857, and
certain indebtedness of $8,000 contracted subsequently, and
provide means for payment, 1861, 364.

Regulating fees of certain officers, 1861, 579; 1862, 436; 1863,
261, 710.

Granting right to construct bridge across Mokelumne River at
Middle Bar, 1862, 16.

Granting "Stanislaus Bridge and Ferry Company" right to con-
struct and maintain bridge or bridges across Stanislaus River,
1862, 19..

Authorizing board of supervisors to issue bonds not exceeding
Granting right to construct bridge across Mokelumne River at
$6,000, and dispose of same for road purposes, 1862, 39.

Big Bar, and to construct and maintain road from Mokelumne
Hill to Butte, in Amador County, 1862, 76.

Granting right to construct turnpike between Big Tree Grove

and eastern boundary of State, 1862, 105: 1863-4, 160.
In relation to public roads and road fund, 1862, 187; 1868, 178.
Authorizing board of supervisors to employ competent persons
to examine records and ascertain present existing debt, &c.,
1862, 215; 1863, 60.

Creating and organizing fire department for Mokelumne Hill,
1862, 835.

Legalizing assessments, 1863, 10.

Submitting question of removal of county seat to qualified
voters, 1863, 228.

Granting right to build turnpike at point on Big Tree Road to
Silver Mountain and thence to eastern line of State, 1863, 230.
To fund indebtedness, 1863, 870; 1863-4, 401.
Making certain offices salaried offices, 1868, 451; 1863-4, 218, 428.
Granting J. McNealy and associates right to construct and main-
Providing for uniting offices of county clerk and county auditor,
tain toll bridge across Mokelumne River, 1863. 485.

1868, 493.

Authorizing board of supervisors to take and subscribe $25,000
to capital stock of Big Tree Turnpike Company, &c., 1863, 657.
Authorizing board of supervisors to take and subscribe $50,000
to capital stock of Stockton and Copperopolis Railroad Com-
pany, &c., 1863, 673.

Creating Alpine County, 1863-4, 178.

Abolishing office of county assessor, and establishing office of Authorizing board of supervisors to take and subscribe $50,000
township assessor, 1860, 296; 1862, 326.

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to stock of Big Tree and Carson Valley Turnpike Company,
&c., 1863-4, 204, 314.

Providing for survey of boundary line between Calaveras and
San Joaquin Counties, 1863-4, 262.

Fixing time for holding county court and probate court, 1869-4,
421.

Authorizing board of supervisors to take and subscribe $20,000

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set to labor on

490. SECTION 1. It shall be lawful for the court of sessions of any county in which Prisoners, under there may be any person in custody, under sentence of imprisonment, whether in the sentence, may be State prison or county jail, to cause such person to labor on any public work within public works. the limits of the county, for the whole or any portion of the term for which he is sentenced.

any other.

491. SEC. 2. It shall be lawful for the court of sessions of any county in which Prisoners of one county may be there may be any person in custody, under sentence of imprisonment, as aforesaid, delivered over to when thereto requested by the court of sessions of any other county, or by the proper authorities of any incorporated town or city within the State, to cause such person to be delivered over for the whole or any portion of the term of his imprisonment, to the court of sessions or corporated authorities so applying, who shall enjoy the same power in regard to the prisoners so delivered over, as the court of sessions from whom such prisoner was received.

492. SEC. 3. The court of sessions, or proper authorities of any incorporated town Precautions to or city, as the case may be, shall take precautions to prevent the escape of all prisoners prevent escapes. whom they may cause to labor on any public work, as above set forth; and are authorized to employ all such overseers, and to use all such means as may be necessary to that end. The overseers in charge of such prisoners shall have, in regard to the same, all the powers of jailors, and shall be subject to the same responsibilities, and be in like manner amenable to the supervision of the grand jury.

493. SEC. 4. Every prisoner transferred in accordance with the provisions of this Discharge of act, for the whole of the term of his imprisonment, shall, at the expiration of such prisoners transterm, be discharged in the place in which he may happen to be. It shall be the duty of the court of sessions of any county, or proper authorities of any incorporated town or city, to whom any prisoner has been transferred for a portion only of the term of his imprisonment, to cause such prisoner, on the expiration of such portion of the term aforesaid, to be returned to the authorities from whom he was received. If such prisoner is not so returned, the overseer or other agent in whose charge the prisoner may be, shall, from the moment of the expiration of the term for which such prisoner was transferred, become the overseer or agent of the authorities to whom such prisoner ought to have been returned in the same manner, and with the same responsibilities, as if he had been originally appointed by said authorities.

494. SEC. 5. In all cases in which prisoners shall be employed, as above provided, Food, clothing and lodging. in laboring on any public work, it shall be the duty of the county or corporation for the benefit of which they are so employed, to provide them with food and clothing, and lodging sufficient for their health and comfort, in as ample a manner as is required in the "Act concerning crimes and punishments."

495. SEC. 6. Upon the presentation of a written order from the court of sessions, Sheriffs to deliver prisoners or other authorities empowered by this act to cause prisoners to labor on any public pursuant to work, it shall be the duty of all sheriffs and their deputies, jailors, overseers, and order. others having the custody of such prisoners, to deliver the same into the charge of the person in said order named, and authorized to receive them.

An Act concerning persons under sentence of imprisonment.

Approved March 31, 1857, 151.

496. SECTION 1. The board of supervisors in each county shall have power, and Prisoners' labor. they are hereby authorized, to cause persons in the county jail under sentence of imprisonment, to labor upon any public or private work in the county, the county receiving the benefit, or the hire, or labor.

for fine.

497. SEC. 2. When a person shall be imprisoned for non-payment of a fine, or until Imprisonment a fine be paid, the imprisonment may extend to, but shall not exceed one day for every two dollars of the fine, and the costs that may be due from the person imprisoned, in the prosecution in which the fine was adjudged.

Property subject to chattel mortgage.

12 Cal. 290. 13 Cal. 13.

15 Cal. 53.

22 Cal. 621.

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498. SECTION 1. Chattel mortgages may be made on the following property to secure the payment of just indebtedness: Upholstery and furniture used in hotels and public boarding-houses, when mortgaged to secure the purchase money of the identical articles mortgaged, and not otherwise; saw mill, grist mill, and steamboat inachinery, tools and machinery used by machinists, foundry-men, and other mechanics; steam boilers, steam engines, locomotives, engines, and the rolling stock of railroads, printing presses, and other printing material, instruments and chests of a surgeon, physician, or dentist, libraries of all persons, machinery and apparatus for mining purposes. No mortgage made by virtue of this act shall have any legal force or effect (except between the parties thereto) unless the residence of the mortgagor and mortgagee, their profession, trade, or occupation, the sum to be secured, the rate of interest to be paid, when and where payable, shall be set out in the mortgage, and the mortgagor and mortgagee shall make affidavit that the mortgagee is bona fide, and made without any design to defraud or delay creditors, which affidavit shall be attached to such mortgage.(") Amendment, approved March 24, 1864; 1863-4, 226. 499. SEC. 2. The seventeenth section of an act entitled "An act concerning frauduflicting section. lent conveyances and contracts," passed April nineteenth, one thousand eight hundred and fifty, in so far as the same conflicts with the provisions of this act, is hereby repealed.

Repeal of con

Recording.

Proviso.

Record books.

An Act amendatory of and supplementary to the foregoing act.

Approved April 29, 1857, 347.

[SECTION 1 contains the first amendment to Sec. 1 of the foregoing act referred to in the note.]

500. SEC. 2. All mortgages made in pursuance of this act (with the affidavit attached), shall be recorded in the county where the mortgagor lives, and also in the county, or counties, where the property is located or used; provided, that property in transitu from the possession of the mortgagee to the county of the residence of the mortgagor, or to a location for use, shall, during a reasonable time for such transportation, be considered as located. It shall be the duty of the county recorders of this State to provide proper books of record and of index, in which they shall make a true copy, or record of all mortgages made in pursuance of the provisions of this act, and left with them for record, and they shall enter, in alphabetical order, the names of the mortgagee and mortgagor in such index books. The recorder shall note on the mortgages and in the idex books the time (in like manner as mortgages on real estate) when the same was received into the office for record; and the recording shall take effect from that time. The recordRecorder's fees. er's fees for recording and indexing, shall be the same as are allowed him by law for like services for recording deeds of real estate, to be paid in advance by the person presenting the same for record. (5) [Amendment, approved April 19, 1861, 197; took effect from passage.

Valid mortgages.

Proviso.

501. SEC. 3. No chattel mortgage shall be valid (except between the parties thereto), unless the same shall have been made, executed and recorded, in conformity to the provisions of this act; provided, however, if the mortgagee receives and retains the actual possession of the property mortgaged, he may omit the recording of his mortgage during the continuance of such actual possession.

502. SEC. 4. A right of redemption shall remain in the mortgagor until the same

() Original section:

SECTION 1. A mortgage for a good and valuable consideration upon possessory claims to public lands, all buildings and improvements upon such lands, all quartz claims, and all other such personal property as shall be fixed in its structure to the soil, acknowledged in manner and form as mortgages upon real estate, are required by law to be acknowledged and recorded in the office of the recorder of the county in which the property is situated, shall have the same effect against third persons as mortgages upon real property.

The original section was first amended by act, approved April 29, 1857, 847, so as to read like the amendment in the text, with the exception that the clause cominencing with the words "Upholstery and furniture" and ending with the words "mining purposes," was as follows:

Upholstery and furniture used in hotels and public boardinghouses, when mortgaged to secure the purchase money of the Identical articles mortgaged, and not otherwise; mining claims, saw mill, grist mill and steamboat machinery; tools and machinery used by machinists, foundry-men and other mechanics;

steam boilers, steam engines, printing presses and other printing materials; possessory claims on the lands of the State, with the improvements thereon; quartz chaims, with machinery and buildings connected therewith; water ditches, flumes and aqueducts; tunnels, cuts and other improvements in mining claiins; instruments and chests of a surgeon, physician or dentist, with their professional library, and libraries of all other persons; stock in any incorporated company.

The section was again amended by act, approved April 19, 1861, 197, so as to read like the above amendment of 1857, with the addition of the words "locomotive engines, and the rolling stock of railroads."

It was again amended by act, approved April 18, 1863, 381, so as to read like the amendment in the text, with the exception that it retained the words "stock in any incorporated company." () The original section differed from the amendment only in the use of the words "also in the county where the property is located" instead of "also in the county, or counties, where the property is located, or used."

tion.

shall have been foreclosed by due process of law, or by agreement between the parties Right of redempto the mortgage, which agreement shall be entered on the record of the mortgage, and for the entering of which the recorder shall be entitled to the same rate of fees as for recording the original, to be paid in advance by the parties to the mortgage. 503. SEC. 5. All property mortgaged in pursuance of the provisions of this act, Mortgaged property liable to may be attached at the suit of the creditors of the mortgagor or mortgagee; when attachment. attached at the suit of the creditor of the mortgagor, such creditor shall pay, or tender to the mortgagee, the actual amount due him on such mortgage before the officer making such attachment shall be entitled to the actual possession of such property. When property thus situated and thus redeemed shall have been sold by the officer by virtue of due legal proceedings, out of the proceeds of the sale he shall first pay to the creditor the amount advanced by him to pay the mortgagee, with legal interest thereon.

attachment and

Second. Pay all legal costs and fees appertaining to the judgment, execution and sale. Third. Pay the judgment creditor the amount of the judgment, and any remaining surplus, pay to the judgment debtor. If the creditor of the mortgagor prefers, Right of redemphe may cause to be attached the right of redemption of said mortgagor, and cause the tion subject to same to be sold, subject to the rights of the mortgagee. Such attachment shall be sale. made by leaving a copy of the writ of attachment, with notice of the attachment, with the mortgagee. When the sale of such equity is made on an execution obtained by such attaching creditor, the sum realized shall be applied to the payment of costs, fees, discharge of the execution, and any remainder paid to the judgment debtor. When the interest of the mortgagee shall be attached, a copy of the writ of attachment shall be left with the mortgagor, with notice of the attachment, and any payment made by him to the mortgagee after such notice, shall not release the attachment, or affect the Attachments, when released. rights of the attaching creditor, but said mortgagor may pay the amount due on said mortgage to the officer who made the attachment, and thereupon said officer shall release said attachment, and hold the money so paid him, in the same manner as if he had originally attached said money.

strued.

504. SEC. 6. This act shall not be so construed as to interfere or conflict with the Act, how conlawful mining rules, regulations or customs in regard to the locating, holding or forfeiture of claims, but in all cases of mortgages of mining interests under this act, the mortgagee shall have the right to perform the same acts that the mortgagor might have performed for the purpose of preventing a forfeiture of the same under the said rules, regulations or customs of mines, and shall be allowed such compensation therefor as shall be deemed just and equitable by the court ordering the sale upon a foreclosure; provided, that such compensation shall in no case exceed the amount realized Proviso, from the claim by a foreclosure and sale.

505. SEC. 7. The mortgagee, in all mortgages made under this act, shall be allowed Allowance to one day for every twenty miles of the distance between his residence and the county mortgagee. recorder's office, where such mortgage ought by law to be recorded, to conform to the provisions of this act, before any attachment shall be valid made by the creditors of

the mortgagor.

506. SEC. 8. Mortgages may be made on all kinds of water craft of five tons bur- Mortgages on den or upwards, "custom-house measurement," whether propelled in whole or in water craft. part by steam or wind; provided, that the requirements of the preceding sections Proviso. are complied with: and provided further, that an indorsement shall be made on the Proviso. custom-house register, or enrolment of such vessel, showing the amount for which the same is mortgaged, and the place, book and page where the same is recorded: And provided also, that this section shall not be construed to affect or impair, in any way Proviso. whatever, maritime liens.

Cities.

An Act to provide for the incorporation of cities.

Passed March 11, 1850, 87.

507. SECTION 1. Any city in this State, having a population of more than two What cities may thousand persons, may be incorporated according to the provisions of this act, either be incorporated. by the legislature, or by the county court, upon application.

508. SEO. 2. When any city is incorporated by a special act of the legislature, such Incorporation by act may simply define the boundaries of the city, and declare it incorporated, in which special act.

Petition of towns and villages.

Onler of incorporation. Metes and bounds. Record.

Change of boundaries.

Proviso.

Proviso.

Publication of notice.

Proof of notice.

Opposition.

Government of incorporated cities.

Powers.

Proviso.

Officers.

Qualifications.

Number of councilmen.

Wards.

Number of wards.

case it shall be deemed incorporated according to the provisions of this act; or may declare it incorporated under the same, with such changes as may be specially named. 509. SEC. 3. Whenever a majority of the inhabitants of any town or village, within the State, who shall be qualified electors, and shall have resided in such town or village thirty days, shall present a petition to the county court of the county in which such town or village is situated, setting forth the metes and boundaries of their town and commons, with a plot of the same, and praying that they may be incorporated under the provisions of this act, and the court shall be satisfied that the population of such town or village exceeds two thousand, and that a majority of the qualified electors thereof have signed the petition, the court shall declare such town or village incorporated as a city, by the name stated in the petition.

510. SEC. 4. The order of incorporation shall designate the metes and bounds of the city, which shall in no case include an area of more than four square miles. The order, together with the petition and town plot, shall be entered on the records of the court, and thenceforth, the inhabitants within such bounds shall be incorporated in like manner as if specially named in this act.

511. SEC. 5. The boundaries of any city may, at any time, be changed by the county court, upon application, to be made and acted upon in like manner as the application to be incorporated; provided, that if it be proposed to extend the boundaries of the city, the application shall not be granted, unless a majority of all the qualified electors, resident within the limits of the additional land intended to be included, shall unite in the application; and, provided, also, that in no case shall the limits of four square miles be exceeded.

512. SEC. 6. When an application is made either for an incorporation or for a change of boundaries, twenty days' notice thereof shall be given, either by publication in some newspaper printed in the city, or, if there be none, then by notices posted up in three public places in the city. Proof of such notice must be made to the court, before the application is heard. At the hearing, any qualified elector who has been a resident of the city for thirty days, next preceding, may appear and file a written opposition, which shall be heard and determined by the court.

513. SEC. 7. For the government of every city incorporated under the provisions of this act, there shall be a mayor, recorder, and common council, to consist of members, one of whom shall be elected president. The said mayor, recorder, and councilmen, shall be a body corporate and politic, by the name and style of "The Mayor, Recorder, and Common Council of the City of - " and by that name,

they and their successors shall be known in law, have perpetual succession, sue and be sued, in all courts and in all actions whatsoever; may grant, purchase, hold and receive property, real and personal, within said city; may lease, sell, and dispose of the same for the benefit of the city; may provide for the regulation and use of all commons belonging to the city, and may have a common seal and alter the same at pleasure; provided, that they shall not purchase or receive any real estate, other than such lands or lots within the same, as shall be necessary for the erection thereon of public buildings, or for the laying out of streets or public grounds, or such lands without the city as may be required for burial grounds.

514. SEC. 8. There shall be elected in said city, at the times and in the manner hereinafter provided, a mayor, recorder, not less than seven nor more than twenty councilmen, a city marshal, a city attorney, assessor, and treasurer; but no person shall be eligible to any of said offices, nor to any other office which may be established by ordinance, nor shall any person be entitled to vote for the same, who shall not be a qualified elector, according to the constitution and laws of this State, and who shall not have resided in said city for thirty days next preceding the election. The number of councilmen to be elected at the first election shall be fixed by the legislature, or by the county court, as the case may be, and such number may be subsequently increased or diminished, by the common council within the limits aforesaid. 515. SEC. 9. The common council shall have power to divide the city into a convenient number of wards, and fix the boundaries thereto, and may change the same from time to time, as they shall see fit, having regard to the number of white male inhabitants, so that each ward shall contain, as near as may be, the same number of such inhabitants. The number of wards of any city shall not exceed the number of councilmen to which the city is entitled, and when a city shall have been so divided, the councilmen shall be elected from the several wards respectively, according to the number of inhabitants.

516. SEC. 10. The members of the common council, elected under this act, shall

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