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of the office of Attorney-General, six hundred dollars; for rent of office of Attorney-General, six hundred dollars; for salary of the Secretary of State, as a member of the Board of Examiners, six hundred dollars; for salary of the Attorney-General, as member of the Board of Examiners, six hundred dollars; for salary of the Private Secretary of the Gov. ernor, as Clerk of the Board of Examiners, six hundred dollars; for compensation of Experts for Board of Examiners, six hundred dollars; for salaries of Justices of the Supreme Court, twenty-two thousand dollars; for contingent expenses of the Supreme Court, three thousand dollars; for rent of Supreme Court rooms, twenty-eight hundred dollars; for salary of District Judges, seventy thousand dollars; for per diem and mileage of Lieutenant-Governor and Senators, forty thousand dollars; for pay of officers and Clerks of the Senate, fifteen thousand dollars; for per diem and mileage of members of the Assembly, one hundred thousand dollars; for pay of officers and Clerks of the Assembly, twenty-four thousand dollars; for contingent expenses of the Senate, five thousand dollars; for contingent expenses of the Assembly, nine thousand dollars; for stationery, fuel, lights, etc., for the Legislature, ten thousand dollars; for salary of Private Secretary of the Governor, two thousand dollars; for printing, paper and official advertisements, fifty thousand dollars; for support of the State Asylum for the Insane, fifty-five thousand dollars; for salary of Resident Physician to the Asylum for the Insane, five thousand dollars; for salary of Visiting Physician to the Asylum for the Insane, three thousand dollars; for rent of State House, twelve thousand dollars; for rent of State Library Rooms, twelve hundred dollars ; for contingent expenses of State Library, six hundred dollars; for copying laws for State Printer, five hundred dollars; for marginal notes and index to laws, three hundred dollars ; for indexing journals of the Legislature, eight hundred dollars; for the translation of the laws into Spanish, one thousand five hundred dollars; for salary of Reporter of the Supreme Court, four thousand dollars; for the expense incurred by counties of trying escaped convicts, two thousand dollars; for carrying out the provisions of the Stamp Act, three thousand dollars; for the support of Common Schools in this State, the sum of thirty-two thousand nine hundred and fifty dollars and forty cents, one-half thereof to be distributed semi-annually, as provided by law, for the distribution of school moneys, being the same amount due from the State to the School Fund, for interest on receipts from the sales of School Lands; for costs of suits when the State is a party, to be expended under the direction of the Attorney-General, fifteen hundred dollars; for the prosecution of delnquents, three thousand dollars; for salary of the Register of the Land Office, five hundred dollars ; for salary of a Clerk for the Land Office, twelve hundred dollars; for contingent expenses for the Land Office, seven hundred dollars. The sum herein appropriated as a Contingent Fund of the Senate and Assembly, shall be disbursed under the direction of the body to which it may respectively belong, and shall not be subject to any of the provisions of an Act for the better protection of the State Treasury, approved April 16th, 1856. The Controller of State shall not draw his warrants for the payment of any money out of the appropriations made by this Act, until money for the payment of the same is in the State Treasury, nor for the payment of any service done, or debt accrued, prior to the 1st day of July, A. D. 1858. The Controller shall draw his warrants for the payment of all claims entitled to be paid under the provisions of this Act, in the order of the dates of said claims becoming due, and not otherwise. No officer allowed contingents, under the provisions of this Act, shall be permitted to contract any debts or liabilities beyond the amount herein appropriated.
No. 61. CH. CCCXLIX, p. 333. An Act amendatory of, and supplementary to, an Act entitled “An Act amendatory of, and supplementary to, an Act to establish, support and regulate Common Schools and to repeal former Acts concerning the same,” approved May 3, 1855, passed March 28, 1857. (Approved April 26, 1858.) See Common Schools, p. 125, 127-8.
No. 62. CH. CCCLIII, p. 339. An Act to provide for the Collection of Licenses of Billiard Tables, Billiard and Drinking Saloons, Restaurants and Eating Houses. (Approved April 26, 1858.) That for the purpose of collecting the rovenue of the State, and preventing the evasion of the license laws now in force upon the general statutes of California : All billiard tables, bar fixtures, and furniture, belonging to or in use for the purpose of carrying on the business of any billiard, drinking saloon, restaurant, or eating house, are held liablo
for the amount due for the license tax assessed on the same; and it is hereby expressly provided, that, upon the failure of the parties keeping any such establishment, or exercising ownership therein, to pay the license of the same, in manner and form as provided by law, the Tax Collector of the county, town or district, where such establishment may be located, or any properly authorized officer, whose duty it may be to enforce the collection of any such license, may seize any such billiard table, bar fixtures, saloon furniture, and such appurtenances, and shall proceed to sell, as upon execution at law, any such articles, or so much thereof as may be requisite for the payment of such tax or license as may be due and owing on account of the same.
No. 63. CH. CCCLVI, p. 342. An Act providing for the Registration of Marriages, Births, Divorces and Deaths in California.* (Approved April 26, 1858.) That the Governor of the State be, and is hereby authorized to appoint, by and with the advice and consent of the Senate, a State Registrar, who shall hold his office at the Capital of the State, for the term of two years, or until his successor is qualified; who shall give bonds, in the sum of four thousand dollars, for the faithful performance of his duties, which are regulated and defined as follows: He shall prepare and furnish to the County Recorder of each county suitable blanks and books, prepared according to the following forms: FOR MARRIAGES—Entries of the date, locality, name, surname, residence, and age of the respective parties, the place of nativity of the same, when the record was made, together with the name, place of residence, and official station of the person performing the marriage ceremony. FOR BIRTAS—Entries of the date, and locality of the same, the name, sex and color, of the child, the names, nativity, color and residence, of the parents, and the date of the record. FOR DIVORCES—Entries of the date of the divorce, Christian and surnames, and residence of the parties obtaining the same, title of the Court granting the divorce, and the name of the party making the application, the grounds upon which the divorce was granted, and the date when the record was made. FOR DEATHSEntries of the date, and name, sex, age, color, single or married, occupation, nativity, disease or cause of death, place of interment, and date when the record was made. Accompanying these blank forms and books, which shall be uniform in size and pattern, the State Registrar shall furnish such instructions and explanations as he may deem necessary for the carrying out the provisions of this Act. The State Registrar shall keep a record of all suth returns as shall be made to him by the County Recorders, as hereinafter provided, and shall file, or cause to be bound together, all such returns for safe keeping. He shall prepare therefrom an annual report, containing full tabular results, which shall render them of practical utility, to be submitted to the Governor on the first day of December of each year. He shall, also, perform whatever may be required of him to carry into practical effect the provisions of this Act. His salary shall be one hundred dollars per month, payable out of the Registration Fund in the State Treasury, and one-third of the amount of the fees paid the County Recorders for the recording of marriages, births, deaths and divorces, as herein provided for. It shall be the duty of all persons performing the ceremony of marriage, to enter in the office of the Recorder of the county in which such marriage takes place, a record of every such marriage, in accordance with the provisions of the first section of this Act; and it shall also be the duty of all parents, keepers and Superintendents of Prisons, Alms-Houses, Hospitals, Houses of Correction, and other public and private institutions, and the commanding officer of every ship or other vessel, to enter in like manner, at the office of the Recorder of the county wherein a birth occurs, a record of the same, according to the provisions of the first section of this Act. It shall likewise be the duty of every person having obtained a divorce, to enter in the office of the Recorder of the county wherein such divorce is obtained, a record of such divorce, according to the provisions of the first section of this Act. And it shall further be the duty of every sexton,
* This law is similar to those existing in most of the European, as well as the older States of the Union. When it is fairly understood, the necessity thereof will be apparent, and its benefits appreciated by the people of this State, for in no country in the world, perhaps, is a record of this kind of more importance than in California, the population of which, consisting as it does of citizens of all nations of the world, is at the same time more migratory, fluctuating and transient in its elements than any other on the Globe.
or other person having charge of a burial, to enter in the office of the County Recorder [of the county) wherein such burial is performed, a record of the death of every person so buried, according to the provisions of the first section of this Act. Every party, on entering a record of marriage, birth, divorce or death, shall pay to the County Recorder, for making such entry, the sum of fifty cents; and every person neglecting to comply with the provisions of Section three of this Act within one month from the date of such marriage, birth, divorce or death, shall, on conviction thereof, be subject to a fine of not less than ten, nor more than one hundred dollars; one-half of which shall be paid into the Registration Fund, and the other half to the person giving information of each neglect. Every County Recorder is hereby required to enter every record of marriage, birth, divorce or death, according to instructions he may receive from the State Registrar, in books furnished him, to be retained as books of record in his office; and further, to prepare and transmit a duplicate of the same every three months, to the State Registrar, according to the provisions of this Act. And every County Recorder shall pay into the treasury of his county two-thirds of the amount of the fees received by him for the registries made in accordance with the provisions of this Act, for the benefit of the Registration Fund; one-half of which said amount shall be paid to the State Registrar, retaining the remaining third as his fees for performing the service required in this Act. It shall be the duty of every County Treasurer to keep a separate account of all moneys received, in accordance with the provisions of this Act, and to pay over such moneys to the State Treasurer, at such times as he is required by law to make his payments. It shall be the duty of the State Treasurer to keep a separate account of the moneys received, in accordance with the provisions of this Act, and to credit the same to the Registration Fund; out of which the State Treasurer is hereby required to pay the salary of the State Registrar hereinbefore provided for. The sum of five hundred dollars, of any money in the treasury not otherwise appropriated, is hereby set apart as a Contingent Fund, out of which the State Registrar, shall be entitled to draw such sums as he shall deem necessary to carry out the requirements of this Act; and it is hereby made the duty of the State Treasurer to restore from the Registration Fund, paid into the State Treasury, by virtue of this Act, the said sum of five hundred dollars, to the General Fund. The State Registrar is hereby required to procure a seal of office, with which he shall authenticate all his official acts; and a certified copy, under said seal, of marriages, births, divorces or deaths, as authorized by this Act, attested by the State Registrar, shall be deemed prima facie evidence of the facts therein contained, in an[y] court of justice in this State, and the State Registrar shall be entitled to receive for each certified copy as aforesaid, the sum of one dollar.
No. 64, CH. CCCLVIII, p. 345. An Act for the better protection of Settlers on Public Lands in this state, and to secure the rights of parties in certain cases. (Approved April 26, 1858.) Any party heretofore ousted, or who may be hereafter ousted, from the possession of any land, in an action at law, by any party claiming title thereto under any foreign grant, which grant shall be finally rejected, or shall be finally located, so as not to include such land, shall and may have his action in the proper court, against the party in whose favor the writ of restitution issued, and against the party in possession, to recover back the possession of any such land, with the rents and profits thereof, from the time he was so ousted, till he shall be restored to the possession of the same, together with all costs and damages he may have sustained by reason of said action of ejectment, as provided in Section two of this Act. In any such action, if it shall appear that the plaintiff had been ousted by writ of restitution from such land in a former suit, wherein he had been defendant, that the party who sued out such writ claimed his title through a foreign grant, and that such grant had been finally rejected, or located so as not to include such land, such facts shall entitle the plaintiff to judgment in his favor, and a writ of restitution against the party in possession, with a several judgment, for all costs and damages sustained by such action of ejectment, against the party by whom he was originally ousted, and for all rents and profits against each of the defendants, for the time each had been in possession of such premises, after the service of the writ of restitution, and such party plaintiff shall not be stopped in his suit by reason of the former judgment against him.
II.—JOINT AND CONCURRENT RESOLUTIONS, PASSED AT THE NINTH SESSION OF THE LEGISLATURE OF CAL’A, 1858.
No. 1, C. R. Relative to certain Mail Routes in this State, passed January 20, 1858.
No. 3, C. R. Relative to a Mail Route from San Bernardino to Fort Yuma, passed Jan. uary 20, 1858.
No. 4, C. R. Relative to the establishment of certain Mail Routes in the ern part of this State, passed January 19, 1858.
No. 5, C. R. Relative to a Territorial Government in Utah, passed January 28, 1858. No. 6, J. R. Relative to donating Public Lands to Actual Settlers, passed Jan. 29, 1858.
No. 7, C. R. Relative to the Protection of the office of State Treasurer, passed February 10, 1858.
No. 8, C. R. Relative to the Sixteenth and Thirty-sixth Sections of Land, passed Feb. 8, 1858.
No. 9, J. R. Asking Congress to cede to this State the Monterey Redoubt, for the purpose of establishing a Military Academy, etc., passed February 17, 1858.
No. 10, J. R. Relative to the Transportation of the Mails between the Atlantic and Pacific Coasts, passed March 3, 1858.
No. 11, C. R. Asking Congress to establish a Weekly Land Mail Route in certain Counties of this State, passed March 2, 1858.
No. 12, C. R. Asking of Congress a donation of five per cent. upon the sale of Public Lands for School purposes, passed March 11, 1858.
No. 13, C. R. Relative to the Admission of Kansas, passed March 17, 1858.
No. 16, C. R. Relative to the Donation of Lands by Congress for State Colleges, passed March 11, 1858.
No. 17, C. R. Relative to Breakwater at San Luis Obispo, passed April 7, 1858.
No. 18, C. R. Directing the Enrolling Clerk of Assembly to amend Section six of Assembly Bill No. 215, passed April 13, 1858.
No. 19, J. R. In relation to the Release of J. M. Ainsa, an American citizen, in Sonora, Mexico, passed April 14, 1858.
No. 20, C. R. Directing the Enrolling Clerk of the Assembly to amend the amendment to Section Three of Assembly Bill No. 37, passed April 16, 1858.
No. 21, C. R. Relative to Boundary Line between the State of California and Territory of tah, passed April 12, 1858.
No. 22, C. R. Relative to Weekly Mail by Ocean Steamers, from San Francisco to San Diego, via Monterey, San Luis Obispo, Santa Barbara and San Pedro, and overland from San Diego by the nearest and best route to New Orleans, passed April 14, 1858.
No. 23, C. R. Relative to Mexican Archives, passed April 16, 1858.
No. 25, C. R. Relative to the passage of a law by Congress making Appropriations for the payment of the Indian War Bonds authorized for the payment of Indian hostilities, passed April 17, 1858.
No. 26, J. R. Relative to the establishment of American Consuls at the ports of Guaymas, Mazatlan, Manzanillo and La Paz, passed April 20, 1858.
No. 27, C. R. Relative to Collecting of Delinquent Dues from Auctioneers, throughout this State, passed April 22, 1858.
No. 28, C. R. Relative to Printing and Distribution of certain Laws in Spanish, passed April 12, 1858.
No. 29, C. R. Relative to a Weekly Mail from Weaverville, via the mouth of Cañon Creek, to Cañon City, in Trinity County, passed March 3, 1858.