Слике страница

meanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and imprisonment in the State Prison not exceeding six months.

SEC. 17. 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.

SEC. 18. The Sheriff shall have power, and it is hereby made his duty to appoint a sufficient number of deputy collectors to assist him in the collection of the tax provided to be collected by this act, said deputy collectors to be paid not less than fifteen (15) per cent. on all sums collected by them; and the Sheriff shall be responsible for the acts of said deputy collectors, and may require from them such bond and surety as he may deem proper for his own indemnification, and for such service he shall be entitled to receive three per cent. on all sums collected by them. Should the Board of Supervisors, or in the event of there being no such Board, then the County Judge, deem the per centage to be paid to deputy collectors by the provisions of this section to be insufficient, an order may be entered by the Board Additional Fees. of Supervisors or the County Judge providing that an additional sum shall be paid such deputy collector, not to exceed in all twenty-five Fees of County per cent. to be paid as herein provided. The County Recorder of each county shall receive three per cent. on all sums collected under the provisions of this act.



Employers of foreigners liable

for license tax.

Sheriff may appoint deputy collectors.



Fees of Sheriffs.

Gold dust, and value.

Former act repealed.

Warrants to be received

SEC. 19. That the Sheriff be required to receive good clean gold dust when tendered at seventeen dollars per ounce in payment for licenses, and be required to pay the same into the Treasury at the

same rate.

SEC. 20. That the act entitled "An Act to provide for the protection of foreigners, and to define their liabilities and privileges," approved May fourth, one thousand eight hundred and fifty-two, and all laws or parts of laws conflicting with the provisions of this act be and the same are hereby repealed.


AN ACT to provide for the Redemption of Comptroller's Warrants drawn payable out of the General Fund.-[Passed April 1, 1853.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Comptroller's Warrants drawn payable out of the General Fund issued for any indebtedness accruing after the first day of


January, A. D. one thousand eight hundred and fifty-three, shall be for state
receivable for any and all state dues after the passage of this act,
except as hereinafter specified.

interest tax.

First. Excepting the interest tax for the funded debt of the years Except for one thousand eight hundred and fifty-one, and one thousand eight hundred and fifty-two, which shall be collected as provided by existing laws.


Second. Excepting the revenues accruing under an act entitled For passenger "An Act concerning passengers arriving in the ports of the State of California."

For taxes, etc.,

Third. Excepting the taxes and assessments on all real and per- for 1863. sonal property assessed for the fiscal year ending June, one thousand eight hundred and fifty-three.


SEC. 2. When any payment of taxes is made to the Sheriff or other Duties of officer charged with the collection of revenue, it shall be his duty to specify, in his receipt for the same, whether said payment was made. in money, gold dust, three per cent. bonds, or in the Comptroller's warrants made receivable for taxes by this act, and a list or memorandum of each and every payment, precisely corresponding with the receipt, shall be kept by him; which list or memorandum, verified by his affidavit, shall be filed in the office of the County Treasurer, or in that of the State Treasurer, as the case may be, in his respective settlements with such officers.


SEC. 3. Any Sheriff or County Treasurer, or other officer, empow- of collecting ered to collect taxes under any act now existing, or which may hereafter exist in this state, shall pay into the County or State Treasury, as the case may be, the precise money, gold dust, bonds, or Comptroller's warrants which he may receive, and a County Treasurer, or other officer aforesaid, convicted, in a court of competent jurisdiction, of changing in any way, or using in any manner, the funds collected under the provisions of this act, other than to pay them over to such uses as are required by law, shall be deemed guilty of a misdemeanor, and fined in any sum not less than double the amount of the funds so Penalty for used, and shall be imprisoned in the County Jail for a term not exceeding six months.

violation of.

list to be

SEC. 4. A copy of the verified list or memorandum, with affidavit Copy of verified attached, as required by section two of this act, to be deposited with deposited with the County Treasurer, shall be delivered to the Comptroller of state, Treasurer. and the settlement of the County Treasurer with the Comptroller of


state shall accord therewith.

act to be

SEC. 5. The Comptroller of state is hereby directed to distribute Copies of this copy of this act to every officer in this state charged with the col- distributed. lection of revenue.


Who are liable

under this act.

Penalty for violation.

Proof of violation of act.

SECTION 1. Any person or persons who shall vend, by wholesale or retail, any spirituous, or malt, or vinous liquors, or any goods, wares, or merchandise, within any county in this state, without first obtaining a license so to do, as required by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, be fined in a sum of not less than twenty-five nor more than two hundred dollars for each and every offence.

Jurisdiction of
Recorders and

SEC. 2. The Recorder's Court of any city and any Justice of the Justices' Courts. Peace of the county in which such offence is charged to have been committed, shall have jurisdiction to try and determine the same.

SEC. 3. Upon the trial of any criminal action provided for by this act, the defendant shall be deemed not to have such procured any license, unless he prove the contrary to the satisfaction of the court or jury by whom the same is tried. All fines collected under thiş act, shall be paid into the Treasury of the county in which con viction is had.

Appropriation of fines.

Duty of masters and commanders of vessels.


AN ACT to enforce the Payment of Licenses in this State.[Passed April 1, 1853.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:


AN ACT concerning Passengers arriving in Ports of the State of
California.-[Passed May 3, 1852.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. (1) It shall be the duty of the master or commander of any vessel arriving at the port of San Francisco from any port out of the state of California, to appear at the office of the Commissioner of Emigrants, within twenty-four hours after his arrival, and testify

(1) This section inserted as amended, from Stat. 1853, page 71.


as to his having brought any passengers. Within twenty-four hours after the landing of any passengers from any vessel arriving at any of the ports of this state from any of the United States, other than this state, or from any country out of the United States, the master or commander of the vessel from which such passenger or passengers shall have been landed, shall make a report in writing, on oath or affirmation, to the Commissioner of Emigrants at San Francisco, and Report. in other ports of the state to the Mayor or chief municipal officer, which report shall state the name, place of birth, time and place of naturalization, last residence, age and occupation of every person or Contents and passenger who shall have landed from such vessel in her last voyage to such port, not being a citizen of the United States, and who shall have, within the last preceding twelve months, arrived from any country out of the United States, at any place within the United States, and who shall not have been bonded, or who have paid the commutation money, according to the provisions of this act or any former act. The said report shall contain a like statement of all such persons or passengers as shall have been landed or been suffered to land from any such vessel at any place during her said last voyage, or who shall have gone on board of any vessel with the intention of coming into this state. The said report shall further specify if either or any of said passengers or persons so reported are lunatic, idiot, deaf, dumb, blind, crippled, or infirm; and if so, whether they are accompanied by any relatives likely to be able to support them. It shall also state particularly the names, last place of residence, and ages of all passengers who may have died during the said last Voyage of such vessel, also the names and residence of the owner or owners of such vessel. It shall also specify whether any of said passengers are persons convicted of any infamous crime, or of a felony, so far as the same may be within the knowledge of said master or commander. Such master or commander is further required to Oaths shall be administer to any passenger of foreign birth who shall declare himself a citizen of the United States the following oath or affirmation as to the time and place of his naturalization, and the name of each party so sworn shall be stated in the passenger list of said vessel:



do solemnly swear (or affirm) that I was Form.


born in
; that I am a naturalized citizen of the United
States; that I was naturalized and received my certificate of naturali-
zation in the state of
in the year


neglect of duty

In case any such master or commander shall omit or neglect to Penalty for report, as aforesaid, any such person or passenger, with the particulars aforesaid, or shall make any false report or statement in respect

Duty of the Mayor to require bonds.



Authority to commute.

to any persons or passengers, or in respect to the owner or owners of any such vessel, or in respect to all or any of the particulars hereinbefore specified, such master or commander shall forfeit the sum of two hundred dollars for every such passenger, in regard to whom any such omission or neglect shall have occurred, or such false report or statement shall be made, and also for every neglect, omission, or false report made by him, as to the owner or owners of such vessel. If any master or commander shall neglect or refuse to make report to said commissioner, as provided for in this act, within the time therein specified, such master or commander shall be held guilty of misdemeanor, and upon complaint before the Recorder of San Fran cisco, or any Justice of the Peace of said county, be fined not les than fifty dollars nor more than two hundred dollars for every suc neglect. For the payment of the fines and penalties incurred in th act, the master or commander, consignee or consignees, owner owners of every such vessel shall be liable; jointly and severally.

SEC. 2. It shall be the duty of the Mayor, as aforesaid, by endorsement to be made on said report, to require the owner or signee of the vessel, from which such passengers or persons h been landed, to give a joint and several bond to the people of state of California, in a penalty of five hundred dollars, for and every person or passenger included in such report, condition indemnify and save harmless, each and every county, town or cit this state, and also the Trustees of the several state hospitals, a all costs and expenses which may be by them or any of them sarily incurred for the relief, support or medical care of the F named in the bond, within two years from the date of such Each and every bond shall be secured by two or more sufficier ties, residents of the state, each of whom shall prove, by otherwise endorsed in writing, on such bond, that he is a fre and resident of the state, and is worth the sum of one thous: lars in real estate, over and above all his debts and respons and any responsibilities actual or contingent, which may acc or under any former bond, given under the provisions of Such bond may, at the option of the party, be secured by gage of real estate, or by the pledge and transfer of the st United States, or of the funded debt, or Comptroller's w this state in any amount sufficient to secure said bond. 7 and securities, in all cases, to be approved by the Mayor, endorsed upon the bond, or securities, after sufficient inqu part, into the same.

SEC. 3. Within three days after the landing of such

« ПретходнаНастави »