ments; ju Recorder. SEC. 16. The Town Recorder shall be the judge of the Crimes and Recorder's Court. He shall have jurisdiction of all viola- Punishtions of the ordinances of the town, and may hold to bail, risdiction of fine, or commit to prison, or to labor on the chain-gang, as the case may be, any person or persons found guilty of violating any of said ordinances. He shall have jurisdiction of all actions and proceedings for the recovery of any fine, penalty, or forfeiture imposed by ordinance. He shall have final jurisdiction of the following public offenses committed within the corporate limits of the town, viz: Petit larceny, assault, assault and battery, not charged to have been committed upon a public officer in the discharge of his official duty, or with intent to commit felony; breaches of the peace, riots, affrays, willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment, and of proceedings against vagrants and lewd or disorderly persons. In prosecutions for public offenses or misdemeanors only shall the accused be entitled to a trial by jury. The Recorder may issue all writs and processes and administer all oaths necessary to the exercise of the jurisdiction herein conferred. In regard to public offenses committed within the town limits he shall have and exercise all the powers and jurisdiction conferred on Justices of the Peace and Police Courts by Chapters IV. and VII. of Title III., and Chapter I. of Title XI. of Part II. of the Penal Code of this State. Appeals to the County Court of Colusa County may be taken from judgments rendered by the Recorder in all cases, in the manner provided by Chapter II. of Title XI. of Part II. of said Penal Code. The provisions of the several chapters of the Penal Code above referred to are hereby made applicable to proceedings before said Recorder and in his Court, as far as practicable. The place of holding the Recorder's Court shall be designated by ordinance. The Recorder may, upon a conviction, tax the costs of the prosecution against the person convicted. So, when a prosecution is clearly unfounded and malicious, he may, upon discharging the accused, or upon dismissing the case, render judgment against the prosecuting witness, or the person or persons instigating the prosecution, or aiding or assisting the same, for the costs of the prosecution. The Recorder may sentence persons convicted before him to imprisonment in the town prison or station-house; or, when he considers such place of imprisonment inadequate or insecure, he may sentence and commit persons so convicted to imprisonment to the County Jail of Colusa County. In such case the Sheriff of said county shall receive the person or persons so sentenced, and keep them in his custody until they are discharged by law, or until the term of their imprisonment expires. In such case, however, the Town of Colusa shall pay to said county all the expense of keeping the person or persons so sentenced and committed to the said County Jail. All moneys collected or received by the Recorder for fines, penalties, or forfeitures, as well for public offenses as for violations of town ordinances, shall be paid over by him to the Town Treasurer at the end of each week, taking the latter's receipt therefor; and the Recorder shall be responCompensa sible for all such moneys on his official bond. The compensation of the Recorder shall be fixed by the Board of Trustees, and in no case shall he receive any compensation for his services from the State or county. tion of Recorder. Duties of Fees. Duties of Duties of Secretary. SEC. 17. The Town Marshal shall be ex officio Town Assessor and Tax Collector, and shall assess and collect all such taxes and licenses as may be levied by the Board of Trustees, and at the time and in the manner as directed by said Board, and shall pay all the taxes and licenses collected by him (less such commissions as may be allowed him by the Board) over to the Town Treasurer, taking the latter's receipt therefor. He shall collect and pay over to the Treasurer all fines, penalties, forfeitures, and costs imposed by the Recorder for the commission of public offenses and for violations of town ordinances; and to enable him to collect such fines, penalties, and costs, he shall have and exercise, within the corporate limits of the town, all the rights, powers, and privileges conferred by law upon Constables. He shall execute and return all process, civil and criminal, issued by the Recorder, and must attend upon the Recorder's Court regularly. He may appoint one or more deputies. He shall arrest all persons against whom a warrant, directed to him, shall be issued by the Recorder, and may arrest, without a warrant, any person committing an offense or violating an ordinance of the town, in his presence. and take him before the Recorder for trial. He shall perform such other duties as may be required of him by the Board of Trustees. The rate of fees to be charged and collected by the Marshal, for all services of every kind to be performed by him, shall be regulated and fixed by the Board of Trustees. SEC. 18. It shall be the duty of the Town Treasurer to receive and receipt for all moneys belonging or owing to the town; to pay all warrants drawn upon him by order of the Board of Trustees, signed by the President and countersigned by the Secretary, and to keep an accurate account of all receipts and expenditures, and to present to the Board of Trustees a full and correct report of the financial condition of the town, as often as once a year, at least, at a time to be fixed by the Board, and at such other times as the Board may require. The Board may, if they see proper to do so, have the annual report of the Treasurer published in a newspaper printed and published in the town. SEC. 19. The Town Secretary shall keep the seal (if it have one) of the municipal corporation, and all the papers and documents belonging thereto (except the books and vouchers of the Treasurer and Marshal), and file them in his office under appropriate heads. He shall be Secretary of the Board of Trustees; he shall attend all meetings of the Board; keep the journals of their proceedings and record all their by-laws, rules, and ordinances; keep the accounts of the town; countersign all warrants on the Treasurer; keep a true account, in a suitable book, of all such warrants and of the financial condition of the town; number and index all the ordinances that may be passed, in the order of their passage, and perform such other duties as the Board of Trustees may require of him. SEC. 20. The Board of Trustees shall fix the amount of official the official bonds to be given by the Recorder, Marshal, bonds. Treasurer, and Secretary before entering upon the discharge of their official duties, respectively. Every official bond shall be given to the "Town of Colusa;" shall be executed by the principal and at least two sureties, and shall be conditioned for the faithful discharge of the principal's official duties. The qualifications of the sureties in each official bond shall be the same as are required by law in the case of State and county official bonds. The official bonds of each of said town officers must be approved by the Board of Trustees before such officer enters upon the discharge of his official duties. SEC. 21. The Board of Trustees shall regulate and fix a official fees. tariff of fees for the town officers to charge and collect for services rendered by them, respectively, designating the fees and charges to be allowed for each particular item of service, and cause the same to be published in like manner with the ordinances passed by them. Recorder, SEC. 22. The Board of Trustees shall also regulate and Salaries and fix, by ordinance, the compensation to be paid to the Town fees of Recorder, Marshal, Treasurer, and Secretary. They may Marshal," provide for the payment of a specific salary, annually, to the and Secre said officers, or to any one or more of them, at the same time tary. fixing the amount of the salary to be allowed to each; or they may provide for the payment of fees to said officers, or to one or more of them, in lieu of a salary, at the same time fixing the amount and rate of fees, charges, and percentage to be charged or retained by the officer in the particular case; or they may provide for compensating said officers, or for compensating any one or more of said officers, by the payment of a salary in part, and by fees and charges in part, at the same time fixing the amount to be paid as a salary, and the rate and amount of the fees and percentage to be collected and retained in each particular case; provided, that the Town Recorder shall not receive as compensation for his services more than six hundred dollars annually, nor the Town Marshal more than fifteen hundred dollars annually, nor the Town Treasurer more than one hundred dollars annually, nor the Town Secretary more than three hundred dollars annually. accounts SEC. 23. The Board of Trustees shall have power to ex- officers' amine into the official conduct of any and all the town officers, and if, upon an examination, any officer should be guilty of misfeasance or malfeasance in office, the Board may remove such officer from office and fill the vacancy thereby occasioned. So the Board may fill any vacancy in their own body, or in any other town office, occasioned by death, resignation, or other cause, by appointment, and the person ap Town Officers to be disinterested. Ordinances. Trustees, no salary. Exemption Act. pointed to fill such vacancy shall hold office until a successor shall be elected at the next regular election. SEC. 24. The Board of Trustees may, if they deem it necessary to do so, appoint an attorney-at-law to act as Town Attorney, allowing him such compensation for his services as they may consider such services to be reasonably worth. SEC. 25. No member of the Board of Trustees, or other town officer, shall be directly or indirectly interested in any purchase or sale made for the benefit of the town, or in any contract made for the improvement of the town, or the streets, sidewalks, wharves, or levees thereof. For a violation of this section the member of the Board or officer shall be expelled from the Board or removed from office. SEC. 26. Every ordinance passed by the Board of Trustees must be signed by the President and Secretary thereof, and must immediately be published in a newspaper printed and published in said town. SEC. 27. No member of the Board of Trustees shall receive any compensation whatever for his services as such member. SEC. 28. The Town of Colusa, and the inhabitants thereof, from former shall be exempt from the provisions of an Act of the Legislature of this State entitled "An Act to provide for establishing, maintaining, and protecting public and private roads in the County of Colusa," approved March twenty-sixth, A. D. eighteen hundred and seventy-four, except so much thereof as authorized the Board of Supervisors of said county to levy a tax on the taxable property of said county for road purposes. Terms of present officers, etc. Justices, jurisdiction of. SEC. 29. The present Board of Trustees, and other officers of said Town of Colusa, shall continue under this Act to hold office until the first Monday in June next, and until their successors are duly elected and qualified; and they shall respectively have and exercise all the powers and discharge all the duties conferred upon and required of such Board of Trustees and officers by the provisions of this Act; and nothing in this Act shall repeal or in any manner impair any by-law or ordinance of said town now in force, or to affect or in any manner impair any debt, liability, obligation, or contract to which said town is a party, or in which said town is interested or concerned, or any tax, assessment, license, or levy due or owing said town. All proceedings had or commenced under the Act entitled "An Act to incorporate the Town of Colusa, approved April fourth, A. D. eighteen hundred and seventy," and the several Acts amendatory thereof to which said town is a party, or in which said town is interested, are hereby ratified, confirmed, and continued in force; and all ordinances, by-laws, rules, and regulations now in force in said Town of Colusa, shall remain and continue in force until the same are repealed, superseded, changed, or amended by the Board of Trustees of said town. SEC. 30. Until a Town Recorder shall be elected and qualified under this Act, as herein before provided, the several Justices of the Peace residing in the Town of Colusa, in addition to the powers and jurisdiction conferred on them by the laws of this State, shall have jurisdiction of all actions and proceedings for the recovery of any fine, penalty, or forfeiture imposed or declared by any ordinance of said town for a violation thereof; and may hold to bail, fine, or commit to prison, or to labor in the chain-gang, any person found guilty of a violation of any such ordinance. They shall also have jurisdiction of actions and proceedings against vagrants and disorderly persons. All moneys collected or received by any Justice of the Peace for fines, penalties, or forfeitures, as well for public offenses or misdemeanors committed in said town as for violations of town ordinances, shall be paid by such Justice of the Peace over to the Town. Treasurer at the end of each week, taking the latter's receipt therefor. For the trial of all such cases the Justice of the Peace shall compensabe paid by the town the same compensation that is allowed tion. by the county. Each of said Justices of the Peace shall, at the end of every month, furnish the Town Secretary with a statement, in writing, showing the number and character of town cases tried or disposed of by him, including all cases of violations of town ordinances, and all public offenses or misdemeanors committed within the town limits, and all moneys collected or received by him for the benefit of the town, and paid over to the Town Treasurer. The said Justices of the Peace may each issue all such warrants of arrest and other processes as may be necessary to enforce the jurisdiction herein conferred. SEC. 31. An Act entitled an Act to incorporate the Town Acts of Colusa, approved April fourth, A. D. eighteen hundred repealed. and seventy, and all Acts amendatory of and supplementary thereto, are hereby repealed, and this Act shall take effect and be in force from the time of its passage. CHAP. CCCCLXI.-An Act to reserve from sale the north half of section sixteen, in township seren south and range three east, Monte Diablo meridian. [Approved April 1, 1876.] The People of the State of California, represented in Senate and from sale. SECTION 1. The north half of section sixteen, in town- Reserved ship number seven south and range number three east, Monte Diablo meridian, is hereby reserved from sale by the State of California until otherwise directed by the Legislature. SEC. 2. This Act shall take effect and be in force from and after its passage. |