No. 47. CH. CCLXXXVII, p. 254. An Act to authorize the Judges of the Supreme Court to employ a Secretary. (Approved April 23, 1858.) The Judges of the Supreme Court are hereby authorized to appoint a Secretary, whenever necessary, at a salary not to exceed one hundred and fifty dollars per month.

No. 48. CH. CCXC, p. 256. An Act defining the Legal Distances from each County Seat to the Capitol, Lunatic Asylum and State Prison. (Approved April 24, 1858.) The distances established by this Act are hereby declared to be the legal distances for which mileage shall be allowed to the Capitol, for County Treasurers, for conveying the insane to Stockton and for transporting prisoners to San Quentin. [For the distances as established by this Act, see the respective Counties, Part VII.]

No. 49. CH. CCXCI, p. 259. An Act for the Government of the State Prison Convicts and to provide for the Location of a Branch Prison. (Approved April 24, 1858.) The Governor, Lieutenant-Governor, and Secretary of State, are hereby constituted a Board of Directors, whose duty it shall be to take charge of the State Prison at San Quentin, with the property belonging thereto, and to assume the entire control and management thereof, together with the convicts confined therein. The Board of Directors are also authorized to establish a Branch Prison and to remove thereto as many convicts as they may deem proper, first selecting those whose term of service is about to expire. The sum of seventy-five thousand dollars and the proceeds of the convict labor, are appropriated as a Prison Fund for expenses under this Act, and no debt or liability shall be created by the Board of

Directors.

No. 50. CH. CCXCIII, p. 261. An Act fixing the Time at which the Clerk of the Supreme Court shall be elected. (Approved April 24, 1858.) The Clerk of the Supreme Court shall be elected at the general election in the year 1859, and at each general election every two years thereafter; and shall hold his office for two years, commencing on the first day of January next after his election.

No. 51. CH. CCXCIV, p. 262. An Act concerning County Treasurers. (Approved April 24, 1858.) The Treasurer of the State is hereby authorized and directed to receive from the County Treasurers of this State, all indebtedness of the State received by them prior to the fifteenth day of March, 1857, under the authority of Sections four and five of the Act of 1855, providing for the sale of swamp and overflowed lands belonging to the State; provided, Controllers' warrants received for taxes by the Treasurer of San Mateo County, prior to the fifteenth day of January, 1857, shall be received from him, by his complying with the Section second of this Act, not exceeding in amount five hundred dollars. Sec. 2. The State Treasurer shall require of all County Treasurers paying warrants under this Act, to make an affidavit that such warrants were actually received by them for the purposes named in this Act, prior to said fifteenth day of January, 1857, said affidavits to be filed in the office of the State Treasurer.

No. 52. CH. CCXCVI, p. 262. An Act to amend "An Act to provide Revenue for the Support of the Government of this State," approved April 29, 1857. (Approved April 24, 1858.) Sec. 15. On or before the fourth Monday in November, the Tax Collector shall cause the delinquent list named in Section fourteen, to be published, giving in said publication the name of the owner (when known) of all the real estate and of all improvements, together with such condensed description of the property that it may be easily known, and also a similar condensed description of any real estate or improvements assessed to unknown owners; and also the name of every party delinquent for any tax on personal property; and also, opposite each name or description, give the amount of taxes, including the costs hereinbefore provided, due from each delinquent person or property. If a newspaper is published in the county, the publication by this section required, shall be made by one insertion, one time per week, for three successive weeks, in some paper published in the county, or in a supplement to such newspaper. But, if there is no newspaper published in said county, then the publication shall be made by posting a written or printed copy of the list in at least three conspicuous and public places in each township of the county; and in the counties of Santa Clara, Santa Cruz, Montery, San Luis Obispo, Santa Barbara, Los Angeles, San Bernardino and San Diego, at least three notices in the Spanish language, shall be

posted in each township; said publication shall also designate the time and place of commencing the sale, which time shall not be less than twenty-one days nor more than twentyeight days from the first appearance of the publication, and the place shall be in front of the County Court-House.

No. 53. CH. CCXCVIII, p. 264. An Act amendatory of, and supplementary to, an Act approved March 12, 1858, entitled "An Act to further extend the Act concerning Corporations," passed April 24, 1850. (Approved April 24, 1858.) Any nine or more persons, who may desire to act in concert for the care, protection, relief, or improvement of: 1. Orphans. 2. Foundlings. 3. Shipwrecked or destitute sailors. 4. Sick and disabled, or unprotected or needy persons, or for literary or educational purposes; and who shall desire to form an incorporated company or society, for the protection of either of said benevolent or educational objects, may do so by complying with the provisions of Chapter VIII of the Act concerning Corporations, passed April 22, 1850. And such benevolent and educational societies incorporated under the provisions of said Act, as hereby extended, shall possess the same powers, be subject to the like liabilities, and enjoy the like privileges as therein provided. Women, married or unmarried, may be incorporators, officers and members of benevolent, literary, or educational incorporations, for the purposes herein aforesaid, and may transact the business thereof in the same manner and subject to the same liabilities as males. But no married woman shall have power to contract or incur any liability therein against her husband; nor shall any husband be liable, in any manner, for any debt or liability in any manner contracted or incurred; nor shall the common property of the husband and wife be in any manner affected by his wife becoming or acting as such corporator, except the same be specifically agreed to by the husband and wife in writing. Any corporations formed under the provisions of said Act, shall have the right to acquire, by purchase, or otherwise, and to hold any quantity of land not exceeding five hundred acres, with the improvements thereon; or, if within the limits of any incorporated town, then not to exceed twenty acres, with the improvements thereon. Sec. 3. (Act March 12, 1858.) The corporations herein before enumerated shall have power to elect such officers and such number of Directors, Managers and Trustees, and fill vacancies, and make such needful rules and regulations, to carry their benevolent objects into effect, as they may by their constitution and by-laws from time to time provide, and as shall not be inconsistent with any of the laws of this State.

No. 54. CH. CCCXIII, p. 295. An Act to prevent the further Immigration of Chinese or Mongolians to this State. (Approved April 26, 1858.) On and after the 1st day of October, A. D. 1858, any person or persons of the Chinese or Mongolian races, shall not be permitted to enter this State, or land therein, at any port or part thereof; and it shall be unlawful for any man or person, whether captain or commander, or other person in charge of, or interested in, or employed on board of, or passenger upon any vessel or vessels, of any nature or description whatsoever, to knowingly allow or permit any Chinese or Mongolian, on and after such time, to enter any of the ports of this State, to land therein, or at any place or places within the borders of this State; and any person or persons violating any of the provisions of this Act, shall be held and deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in any sum not less than four hundred dollars, nor more than six hundred dollars, for each and every offense, or imprisonment in the county jail of the county in which the said offense was committed, for a period of not less than three months nor more than one year, or by both such fine and imprisonment. The landing of each and every Chinese or Mongolian person or persons, shall be deemed and held as a distinct and separate offense, and punished accordingly. Any captain or commander, or any person owning an interest in, or being employed upon, any vessel or vessels, having on board any Chinese or Mongolians, which may be by storm or distress, or other unavoidable accident, driven ashore upon any of the coasts of this State, or within any of the ports of this State, and from which any of said Chinese or Mongolians may be landed within this State, shall not be held liable under the provisions of this Act; provided, however, the fact of it being an unavoidable necessity or accident, be fully shown, to the satisfaction of the Court or Judge having the hearing of said case before him; and, provided further,

that said person or persons, having charge of, or being employed upon, or being interested in, any vessel or vessels thus driven ashore upon any of the coasts of this State, and from which any Chinese or Mongolians shall be landed, shall immediately thereafter use all due diligence in their power to cause each and all of said Chinese or Mongolians to be immediately reshipped, or in other ways conveyed from within the borders of this State, which fact shall also be made to appear to the satisfaction of the Court, or the Judge having the hearing of the same. It shall be the duty of the Secretary of State, as soon as practicable after the passage of this Act, to cause the same to be translated into the Chinese language, and shall cause one thousand copies of the same to be published in said language, for distribution among the Chinese residents in this State, and the sum of five hundred dollars is hereby set apart, out of any funds in the treasury, not otherwise appropriated, to defray the cost of said translation, publication and distribution; and it shall also be the duty of the Secretary of State to furnish a translated copy of this Act to each of the Commercial Agents of the United States in the ports of China.

No. 55. CH. CCCXVI, p. 302. An Act amendatory of, and supplementary to, an Act entitled "An Act amendatory of an Act to provide for the protection of Foreigners, and to define their Liabilities and Privileges," passed March 13, 1853 and May 13, 1854; approved March 5, 1857. (Approved April 26, 1858.) No person, not a citizen of the United States, or who shall not have declared his intention to become such prior to the passage of this Act, according to law, (California Indians excepted,) shall be allowed to take gold from the mines of this State, or hold a mining claim therein, unless he shall first procure and pay a license therefor, as hereinafter provided. Any person or company hiring foreigners, or interested with them as partners, or renting, or on shares, or in any manner connected with any foreigner or foreigners, in working, or in possession of any mining ground in this State, shall be held liable for the amount of license of each and every foreigner with whom such person or company is so connected or interested. All mining ground worked or possessed, all improvements, all tools and machinery used in working such ground, by said person or company, shall be subject to sale for the payment of said license tax, in the manner provided in Section 7 of this Act. The Collectors shall have power to require any person or company, believed to be indebted to, or to have money, gold dust, or property of any kind, belonging to, or in which any such foreigner is interested, in his or their possession, or under his or their control, to answer, under oath, as to such indebtedness, or the possession of such money, gold dust, or other property. In case a party is indebted, or has possession or control of any moneys, gold dust, or other property, as aforesaid, of such foreigner or foreigners, he may collect from such party the amount of such license, and may require the delivery of such money, gold dust, or property, as aforesaid, and in all cases the receipt of the Collector to said party shall be a complete bar to any demand made against such party or his legal representative, for the amounts of money, gold dust, or property embraced therein. Any person or company hiring foreigners to work in the mines of this State, shall be liable for the amount of the licenses for each person so employed.

No. 56. CH. CCCXIX, p. 305. An Act to amend Section One of an Act entitled "An Act to provide Revenue for the Support of the Government of this State, from a Tax to be levied and collected from Foreign and Inland Bills, and other Matters," approved April 29, 1857. (Approved April 26, 1858.) Sec. 1. The following duty or stamp tax is hereby imposed on every sheet or piece of paper, parchment, or other material upon which may be written, printed, engraved or lithographed, or other means of designation, on either of the following described in struments, to wit: any bill of lading, contract, agreement, or obligation for the transportation or conveyance from any point or place in this State, to any point or place without the limits of this State, of any sum, amount, or quantity of gold or silver coin, in whole or in part, gold dust, or gold or silver in bars or other form, by, or between any person or persons, firm or firms, corporation or corporations, or other associations, either as principal, or agent, or attorney, or consignee or consignor, to wit: For one hundred dollars, thirty cents; and all sums over one hundred dollars, a stamp tax or duty of one-fifth of one per cent. upon the amount or value thereof-the payment whereof to be included in the bill of lading, contract or agreement, or obligation, for the transportation

or conveyance thereof, as in this section provided, having attached thereto, or stamped thereon, a stamp or stamps, expressing in value the amount of such tax duty; any license to practice, or certificate of admission, of any attorney-at-law, granted by any Court in this State, ten dollars; any policy of insurance, contract, or instrument in the nature thereof, upon any house, factory, machinery, ship, steamer, or vessel of any description; any goods, wares or merchandise, or furniture, or any life insurance, if to run for one year or more, one-half of the duty levied on bills of lading, as herein provided; if for nine months, and not more than twelve months, three-fourths of the rates last above established; if for six months and not over nine months, one-half of the above established rates; if for three months and not over six months, one-fourth of the above established rates; any receipt for the payment for, or any contract, certificate, or memorandum, or remuneration, relative to the purchase of passage from this State to another place out of the limits thereof, upon any vessel or steamship: if for a first class passage, six dollars; and if for a second class passage, four dollars; and if for a steerage passage, two dollars; provided, that nothing in. this Act shall be construed to affect in any way, the official drafts or shipments of treasure at the offices of the United States or of this State.

No. 57. CH. CCCXXXIV, p. 317. An Act supplementary and amendatory to an Act entitled "An Act for the Incorporating of Railroad Companies," passed April 22, 1853, and to the several Acts amendatory and supplementary thereto. (Approved April 26, 1858.) It is hereby declared lawful for railroad companies or corporations, already incorporated under the general Railroad Act, passed April 22, 1853, or under any amendatory Acts of such general Act, to reincorporate and avail themselves of the Act passed April 11th, 1857, and the Act passed April 14, 1856, by filing, with the Secretary of State, new articles of association, subscribed by two-thirds in numbers, and also in amount, of the stockholders and stock issued by such company, previous to the time that such new articles may be adopted; provided, there is indorsed upon the said new articles, or attached thereto, an affidavit made by the Secretary of the company that he is the acting Secretary of such company, and that the names of two-thirds in numbers and amount of said stockholders and stock, issued previous to such new articles being adopted, are subscribed to said new articles of association, at the date of such affidavit, which such affidavit shall be made before the County Clerk of the county in which the office of the Secretary of the company may be located. No. 58. CH. CCCXXXV, p. 318. An Act to provide for the Sale of the Sixteenth and Thirty-sixth Sections of Land donated to this State for School Purposes, by Act of Congress, passed March 3, A. D. 1853. (Approved April 26, 1858.) In all Congressional Townships in which there are fifteen white householders, the Board of Supervisors of the county shall have the right to sell the sixteenth and thirty-sixth sections of land donated by Congress to this State for school purposes, or such land as has been, or may be, selected in lieu thereof; upon a petition of a majority of such householders, the Board of Supervisors of the county in which such land, or the greater portion thereof is situated, shall make an order, a copy of which shall be furnished the Sheriff, directing him to expose said lands for sale to the highest bidder, at the Court-House door, during a regular term of the District Court, at not less than two dollars per acre, having first given three months' notice, in some newspaper published in the county, and posted notices of such sale at three of the most public places in the township, describing the land, where situated, when and where to be sold; and if no newspaper be published in the county, by posting up like notices in the county, and three more in the Townships, as above named, for the same length of time; said lands to be sold in lots not less than forty, nor more than one hundred and sixty acres, unless in cases hereinafter provided for. Unsold land, if the Board of Supervisors deem it proper, shall be offered for sale once in each year. Whenever the inhabitants of any Congressional township may, by any law of Congress, acquire the right to relinquish their sixteenth or thirty-sixth sections, and select other lands in lieu thereof, upon any of the unoccupied agricultural lands of this State, a majority of the voters of the township shall make known their intention to relinquish to the Board of Supervisors of the county, and said Board shall authorize the Commissioner of Common Schools of the county to make the selections, who shall conform, in all respects, to the law of Congress, giving the right, and

if said lands be located in any other county, they shall be sold or managed as herein provided for the sale or management of the sixteenth or thirty-sixth sections proper; the Commissioners shall certify to the Locating Agent of his Land District, the sections or parts of sections, township and range of the lands relinquished, and the same of the lands selected in lieu thereof, together with the cause of the relinquishment of said lands, and by what county the lands are relinquished, and in what county selected in lieu thereof, and request said Agent to make the location in the proper Land Office; and when the Governor of the State shall be notified of the approval of said location by the General Government, he shall cause the same to be certified to the Board of Supervisors of the county for which such location was made. In case the sixteenth or thirty-sixth section be in the vicinity of a town or city, it shall be lawful, on the petition of two-thirds of the legal voters of the township in which the same is situated, for the Board of Supervisors to make an order, authorizing the Trustees of Common Schools of such township to cause such sixteenth or thirty-sixth section to be laid off in lots of a less size than forty acres, and to lay out such streets and alleys and roads, and to appropriate such portion thereof as they may deem necessary for sites for school-houses, churches and pleasuregrounds, and order the Sheriff to sell the lots, as herein before directed. In all cases where the sixteenth or thirty-sixth sections were settled upon and improved, before the survey was made, the owner or owners of the same may purchase said land at two dollars and fifty cents per acre, either by paying the money or giving bonds, as hereinafter provided for; provided, the authorities interested shall prefer the money to making another location. The purchaser shall, in all cases, give bond, with good and approved security, to be approved by the Board of Supervisors, payable five years after date to the county, for the use of the inhabitants of the township to which the land belonged, bearing interest at the rate of ten per cent. per annum, from date until paid, which bond shall be returned to the Board of Supervisors of the proper county, and by them deposited in the office of the Treasurer of the county, and a duplicate thereof with the County Auditor. Purchasers, at the time of sale, may pay the purchase-money, and be entitled to the patent therefor, as soon as the same can be made out, and the cash received shall be loaned out and secured, as herein provided. The interest on the bonds shall be paid semi-annually to the County Treasurer, which interest, in case a school is organized and kept according to law, in the township, shall be subject to the order of the Superintendent of Common Schools for the county. But if no school is kept according to law, then said interest to be loaned out by the Treasurer, secured by unincumbered real estate of at least treble the value of the money so loaned, in manner to be approved by the Board of Supervisors, which approval shall be entered in the minutes of their proceedings. The Board of Supervisors shall cause to be made out and certified to the Surveyor-General an abstract of all lands sold for their county, as sixteenth and thirty-sixth sections, as also an abstract of all lands relinquished and lands selected in lieu thereof, and when the purchase-money, together with all interest due thereon, is paid, the Board of Supervisors shall make and certify, to the Secretary of State, a statement, showing the tracts of land for which payment has been made; and on the receipt thereof the Governor shall make patents therefor, and forward the same to the Board of Supervisors of the proper county, to be by them delivered to the persons entitled thereto. At the time of the sale, the Sheriff shall make and deliver to the purchaser, a certificate of purchase, describing the land sold, the number of acres, and the amount of purchase-money, and the manner in which payment is received; and such certificate, after full payment has been made, shall entitle the purchaser to a patent for the land. The Board of Supervisors may exact additional security when they deem any bond for the purchase of land under this Act insufficient, and upon failure to give such additional security, the contract shall be deemed void, and the Board of Supervisors shall forthwith proceed to collect the amount due on account of such sale, as if no time had been given for the payment thereof; provided, that said lands shall always be subject to a lien for the purchase-money, and the interest thereon, until the whole amount thereof is fully paid. The Sheriffs of the respective counties in which any lands may be selected, in lieu of those relinquished, shall sell such lands under the same regulations as