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Acts remaining ten days in his hands may become laws.

Commencement of this act.

Electors of president and vice president.

Time of election.

Qualified voters.

Notice to be given.

the governor, to be by him deposited with the laws in the office of the secretary of state.

SEC. 2. Every bill which has passed both houses of the legislature, and shall not be returned by the governor within ten days, having thereby become a law, shall be authenticated by the governor causing the fact to be certified thereon by the secretary of state, in the following form:

"This bill having remained with the governor ten days, (Sundays excepted,) and the senate and assembly being in session, it has become a law, this day of A. D.," which certificate shall be signed by the secretary of state, and deposited with the laws in his office.

"

SEC. 3. This act to take effect and be in force from and after its passage.

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CHAPTER XCVII.

AN ACT to provide for choosing Electors of President and Vice
President of the United States.-[Passed April 28, 1852.]

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

SECTION 1. In each year when the election of president and vice president of the United States is to take place, there shall be chosen as many electors of president and vice president as this state may be entitled to at the time of such election.

SEC. 2. The qualified voters of the state shall meet at the place designated for holding the general election in the different counties of the state on the Tuesday next after the first Monday of November in each year when the election of president and vice president is to take place, unless the congress of the United States shall appoint a different day, and in that case, on such day as the said congress shall appoint, and shall proceed to elect as many persons as the state shall then be entitled to elect as electors of president and vice president.

SEC. 3. Any qualified voter of this state may vote for electors at any precinct in the state.

SEC. 4. Notice of the election of electors shall be given by proclamation in the same manner as notice is required to be given of other elections, and the election shall be conducted and the returns thereof made in the same manner as is prescribed by law in regard to the election of representatives in congress, with the exceptions specified in

this act.

election.

SEC. 5. The returns of the election in each county shall be trans- Returns of mitted by the county clerk thereof to the secretary of state, on the tenth day after the day of election, or as soon as he has received the returns from each precinct of his county, if received within ten days. The county clerk of each county, whenever in his opinion it may be necessary, shall employ some person to convey the returns to the seat of government and deliver them to the secretary of state; the person performing such service shall be entitled to receive, as compensation, mileage at the rate of thirty cents a mile, computing the distance from the county seat to the seat of government, by the usually travelled route; his account therefor certified by the secretary of state, shall be audited by the comptroller, and paid out of the general fund in the state treasury; on the Monday before the first Wednesday of December, or so soon as the returns have been received from all the counties of the state; if received before that day, the secretary of state shall compare and estimate the votes given for electors, and certify to the governor the names of the proper number of persons having the highest number of votes, and thereupon the governor shall immediately transmit to each of such persons a certificate of election, and on or before the day of their meeting, deliver to the electors lists of names of the electors, and do all other things required of him in the premises by any act of congress in force at the time.

meet at the seat

SEC. 6. The electors so chosen shall convene at the seat of govern- electors shall ment on the first Wednesday in December next after their election, of government. at two o'clock in the afternoon, and in case of the death or absence of any elector so chosen, or in case the number of electors shall, from any cause, be deficient, the electors then present shall forthwith elect, from the citizens of the state, so many persons as shall supply the deficiency.

to vote for

vice president.

SEC. 7. The electors when convened, shall, on said first Wednesday The Electors in December, vote by ballot for one person for president, and one president and person for vice president of the United States, one of whom at least shall not be an inhabitant of this state; they shall name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes given for each, which lists they shall sign and certify, and transmit, sealed up, to the seat of government of the United States, directed to the president of the senate, and they shall, in all respects, proceed conformably to the constitution of the United States and the laws of the United States in this behalf provided.

Pay of electors.

Time of election.

Joint vote.

A majority shall elect.

Speakers to

Credentials.

Governor may fill vacancy.

SEC. 8. Electors shall receive the same pay and mileage allowed to members of the assembly, their accounts therefor, certified by the secretary of state, shall be audited by the comptroller, who shall give his warrants for the same on the treasurer, payable out of the general fund.

CHAPTER XCVIII.

AN ACT fixing the Times at which Representatives in Congress shall be elected.-[Passed April 24, 1852.]

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

SECTION 1. At the general election in the year eighteen hundred and fifty-two, and at the general election in each second year thereafter, there shall be elected such number of representatives to the congress of the United States, as the state of California may be entitled to.

CHAPTER XCIX.

AN ACT prescribing the Manner of Electing United States Senators.-[Passed January 30, 1852.]

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

SECTION 1. Whenever any election is to be held for a senator for this state, in pursuance of the constitution of the United States, the senate and assembly shall meet together at such time as may be agreed to by both houses, and by joint vote proceed to the election.

SEC. 2. A majority of all the votes given shall be necessary to elect a senator.

SEC. 3. When the election is made, the president of the senate and the speaker of the assembly, shall certify the same to the governor.

SEC. 4. The governor shall cause a credential to be made out, with the great seal of the state affixed thereto, certifying the said election, and shall deliver it to such senator.

SEC. 5. Whenever the executive of this state, shall, by virtue of the constitution of the United States, make a temporary appointment,

of a senator, he shall deliver to such senator a credential under the

great seal of the state, certifying said appointment.

SEC. 6. This act shall take effect from and after the date of its Commencement

of this act.

passage.

CHAPTER C.

AN ACT to authorize persons engaged in the United States Coast Survey, upon the Coast of California, to enter on Lands within this State, for the purposes of said Survey; to protect the Operations of the same from Injury and Molestation; to ascertain the Mode of assessing Damages caused to any Property in the Progress of the same, and to provide for the Punishment of Offenders against the Provisions of this Act, and for other purposes.-[Passed April 2, 1852.]

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

SECTION 1. That from and after the passing of this act, any and every person employed under and by virtue of an act of congress of the United States, passed the tenth day of February, one thousand eight hundred and seven, and the supplements thereto concerning the United States Coast Survey, may enter upon lands and clear and cut the timber, within this state, upon the same, and may erect any works, buildings, or appendages requisite for the purpose of exploring, surveying, triangulation, leveling, or doing any other act requisite to effect the object of said act of congress, without being considered as a trespasser: Provided, no unnecessary injury be done thereto.

of damages.

SEC. 2. That if the parties interested — namely, party or parties Adjudication representing the government of the United States Coast Survey on the coast of California, and the owners or possessors of the land so entered and to which damage may have been done, upon, agree together upon the amount to be paid for the damages caused by doing any of the acts aforesaid, either of them may complain, in a summary manner, to the nearest justice of the peace for the district of the county where the damages may have been committed, who shall associate with himself two disinterested freeholders of the said county, one to be named by each party interested, who shall, upon hearing the parties, and with or without view of the premises as they may determine, proceed to assess and award any damages

- cannot

Permission to

enter upon lands

for the purposes

of surveying.

Report of magistrate and proceedings thereon.

Tender of damages.

Justices' costs.

Intentional damage.

Penalty.

which may have accrued to the owners or possessors of the land so entered upon: Provided nevertheless, that the party complaining, as aforesaid, shall serve upon the opposite party interested, ten days notice, in writing, of the time and place where said complaint is to be heard, and the name of the freeholder by him selected.

SEC. 3. That the said magistrate and freeholders shall, without unreasonable delay, file in the office of the clerk of the county court of the county where the said complaint may have been heard, a report of their proceedings, which report shall be conclusive against the parties, and be evidence of their assent to the same; unless either of them shall, within ten days after filing of the said report, file a general or special objection to the same in the office of the said clerk, of which the other party shall have notice; whereupon an issue shall be made up and a trial had at the next term of the county court of said county, in the same manner in which civil cases are tried; except that the judgment shall be rendered and the damages assessed at the first term.

SEC. 4. That any person so entering upon land, as aforesaid, for the purposes aforesaid, may tender to the party injured sufficient amends for any damages done upon said land; and if, upon examination before the justice of the peace and freeholders as aforesaid, or upon trial before the county court, the damages finally assessed shall not exceed the amount so tendered, the person who had so entered and tendered the amount, shall recover his costs.

SEC. 5. That the justices of the peace and freeholders aforesaid, upon complaint made to them as aforesaid, and decision given, shall receive the same costs to which, by law, justices of the peace are entitled in a civil case from summons to judgment; and upon the trial in the county court the costs shall be taxed by analogy to the bill of costs in said court, established by law.

SEC. 6. That if any person or persons shall wilfully or wantonly injure, deface, or remove any instrument, signal, monument, building, or any appendage thereto, used or constructed in the state of California, under and by virtue of the act of congress aforesaid, he and they shall be liable to indictment for the same, under this statute, for each and every offence, and upon conviction, shall be sentenced to pay a fine of two hundred dollars, one half of which shall go to the prosecutor, and the remainder shall be appropriated according to the laws of this state regulating the disposal of such fines, or shall be imprisoned not more than one month, or both, at the discretion of the court before which such conviction shall take place, and he and they shall also be liable for all damages sustained by the United States

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