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Process issued by deputies.

558. SEC. 3. All process issued, and all business done by any deputy clerk, shall be in the name of the principal.

An Act, fixing the time at which the clerk of the supreme court shall be elected, approved April 24, 1858, 261, was virtually superseded by an act concerning officers, approved April 22, 1863, 386.

SEE OFFICES, post, 4715.

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Coal Weigher.

An Act to provide for the appointment of a weigher of coal in and for the City and County of San Francisco.

Approved April 27, 1863, 765.

559. SECTION 1. The board of supervisors of the City and County of San Francisco are hereby authorized to appoint a weigher of coal in and for the City and County of San Francisco, who shall reside in said place, and continue in office for the term of two years from the date of his appointment, and until his successor is appointed and qualified.

560. SEC. 2. Said weigher, before entering upon the duties of his office, shall take and subscribe the oath of office, and give bonds, in the sum of ten thousand dollars, for the faithful discharge of his duties, which oath shall be administered by the county judge, and said bond acknowledged before him and approved, or before some other competent officer, the oath and bond to be filed in the office of the auditor of said city and county.

561. SEC. 3. When requested to do so by any person interested in knowing the weight of any coal, it shall be the duty of said weigher to weigh all coal brought to his scales to be weighed, and, unless some other price be agreed upon by said weigher and the person or persons making such request, he may charge and collect ten cents per ton for such service.

562. SEC. 4. Said weigher shall have and maintain at suitable places such number of scales as he may deem necessary; but this act shall not be so construed as to enable said weigher to create any liability against said city and county. SEO. 5. This act shall take effect from and after its passage.

Permission to

for the purposes of surveying.

Coast Survey.

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.

Approved April 2, 1852, 147.

563. SECTION 1. That from and after the passage of this act, any and every person enter upon lands 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.

Proviso.

Adjudication of damages.

564. SEC. 2. That if the parties interested-namely, party or parties representing the government of the United States coast survey on the coast of California, and the owners or possessors of the land so entered upon, and to which damage may have been done cannot 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 de

termine, proceed to assess and award any damages which may have accrued to the Proviso. 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.

trate and pro

565. SEC. 3. That the said magistrate and freeholders shall, without unreasonable Report of magis delay, file in the office of the clerk of the county court of the county where the said ceedings complaint may have been heard, a report of their proceedings, which report shall be thereon. 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.

566. SEC. 4. That any person so entering upon land, as aforesaid, for the purposes Tender of aforesaid, may tender to the party injured sufficient amends for any damages done damages. 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.

567. SEC. 5. That the justices of the peace and freeholders aforesaid, upon com- Justices' costa plaint 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.

568. SEO. 6. That if any person or persons shall wilfully or wantonly injure, de- Intentional damage. face, 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 offense, 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 remain- Penalty. der 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 of America, by reason of any such injury, defacement, or removal; to be recovered by action on the case in any court of competent jurisdiction.

SEC. 7. This act shall take effect from and after its passage.

Coining.

[An Act to prevent the coining of money by individuals, passed April 20, 1850, 274, amended by act passed April 20, 1850, 338, was repealed by act passed March 25, 1851, 404.]

An Act to regulate the coining of money by individuals.

Passed April 21, 1851, 171.

coin.

569. SECTION 1. Any person or company who shall make or cause to be made, Liability of within this State, any piece of gold or silver, whether pure or alloyed, in the form of persons making coin or otherwise, and intended or calculated to circulate as money, shall be held responsible to the holder thereof, for the marked value thereof, or the rate at which such coin is uttered, and shall on presentation redeem all such coins at such rate with legalized coin of the United States.

redeem coin.

570. SEC. 2. If any person making or uttering such coins shall refuse or neglect to Refusing to redeem the same, in the manner prescribed in section one, he shall he deemed guilty of a misdemeanor, and shall be liable, on conviction, to be punished in each case by fine not less than five hundred dollars, nor more than five thousand dollars, or imprisonment for not less than six months, nor more than three years, or both such fine and imprisonment.

571. SEC. 3. If any person shall hereafter make or utter any piece of gold or silver Date to bo as described in section one, without stamping upon the same the day, month, and stamped on coin. year, of its manufacture, he shall be deemed guilty of a misdemeanor, and shall be

liable, on conviction thereof, to the same penalty as is prescribed in section two.

Coin of less than

its nominal

value.

572. SEC. 4. If any person shall hereafter make or utter any coin, or piece of gold or silver, such as is described in section one of this chapter, of less value than its marked or nominal value, or the value at which it is issued, he shall be deemed guilty of fraud, and on conviction thereof, shall be liable to the penalties mentioned in section second.

SEC. 5. This act shall take effect on the fifth day after its passage.

State board of

incorporate.

Colleges.

An Act to provide for the incorporation of colleges.

Passed April 20, 1850, 273.

573. SECTION 1. Any college may be incorporated in this State, according to the education may provisions of this act, by the State board of education, consisting of the governor, superintendent of public instruction, and surveyor general. [Amendment, approved April 13, 1855, 110.

Application.

Instrument of incorporation. 1 Cal. 329.

1 Cal. 447.

Property vested in trustees.

Trustees.
Quorum.

Name and style of corporation.

Powers of trustees.

574. SEC. 2. The founders and contributors of any proposed college within this State, shall make to the State board of education, application in writing, requesting that College may be incorporated, specifying the first trustees, and name by which the corporation is to be called. [Amendment, approved April 13, 1855, 110. 575. SEC. 3. In case the State board of education, or a majority thereof, shall be satisfied that the proposed college has property to the amount of twenty thousand dollars, and that the proposed trustees are capable men, then the said board of education, or a majority thereof, shall by an instrument under their hands, declare the college incorporated under the provisions of this act, by the name specified in the application; and the application, together with the declaration of the board or a majority thereof, shall be recorded in the office of the secretary of State. [Amendment, approved April 13, 1855, 110.

576. SEC. 4. Immediately after recording the same, the property and funds of such college shall be vested in the trustees so nominated, for the use and benefit of the college.

577. SEC. 5. The trustees of every such college shall not be more than twenty-four, nor less than twelve in number; and seven trustees of any college shall constitute a quorum for the transaction of business.

578. SEC. 6. The trustees of every such college shall be a corporation, known by the name and style of the President and Board of Trustees of College; and by that name they and their successors shall be known in law, have perpetual succession, sue, and be sued, in all courts and in all actions whatsoever. 579. SEC. 7. The trustees shall have power:

First, To elect by ballot, annually, one of their number as president of the board. Second, Upon the death, removal out of the State, or other vacancy in the office of any trustee, to elect another in his place.

Third, To elect additional trustees, provided the whole number elected shall never exceed twenty-four at any one time.

Fourth, To declare vacant the seat of any trustee who shall absent himself from eight succeeding meetings of the board.

Fifth, To receive and hold, by purchase, gift, or grant, any real or personal property, provided, that the yearly income of the college shall not exceed its necessary yearly expenses ten thousand dollars.

Sixth, To sell, mortgage, lease, and otherwise use and dispose of such property, in such manner as they shall deem most conducive to the prosperity of the college. Seventh, To direct and prescribe the course of study and discipline to be observed in the college.

Eighth, To appoint a president of the college, who shall hold his office during good behavior.

Ninth, To appoint such professors, tutors, and other officers, as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees.

Tenth, To remove from office the president, and every professor, tutor, or other officer employed, upon a complaint in writing, by any member of the board of trustees, stating the misbehavior in office, incapacity, immoral conduct of the person or

persons sought to be removed, and upon due examination and proof of such complaint.

Eleventh, To grant such literary honors as are usually granted by any university, college, or seminary of learning in the United States, and in testimony thereof, to give suitable diplomas under their seal, and the signature of such officers of the college as they shall deem expedient.

Twelfth, To fix the salaries of the president, professors, and other officers of the college.

Thirteenth, To make all by-laws and ordinances necessary and proper to carry into effect the preceding powers, and necessary to advance the interests of the college: Provided, that no by laws or ordinance shall conflict with the constitution or laws of the United States or of this State.

580. SEC. 8. Every diploma granted by such trustees shall entitle the possessor to Diploma. all the immunities which, by usage or statute, are allowed to possessors of similar diplomas, granted by any university, college, or seminary of learning in the United States.

An Act supplementary to foregoing act.

Approved April 27, 1863, 775.

trustees to

581. SECTION 1. The trustees of any college incorporated under the act entitled an Power of act to provide for the incorporation of colleges, passed April twentieth, eighteen hun- borrow dred and fifty, are hereby authorized and empowered to borrow, in the name of such money, &c. college, and for and in its behalf, such sums of money as may be necessary to purchase or pay for land, or to erect, repair, or complete any building required for the use of such college, and in the name of and for and in behalf of the college, to exocute any instruments in writing, or evidences of debt, or mortgages, or deeds of trust, containing usual or necessary covenants to secure the payment by the college of the money borrowed for the purposes aforesaid, and to bind the property of the college for the payment thereof.

582. SEC. 2. Every college included in section one of this act shall be held bound College bound by act of by the act of its trustees, and by every instrument and every mortgage and deed of trustees. trust executed by such trustees for the purposes mentioned in section one of this act, and every recital admission of covenant contained in such instrument, deed, or deed of trust, shall be conclusive proof of the truth thereof against the college, and the receipt of the trustees shall be sufficient discharge to any party loaning money to the college from all obligation to see to the proper application of the money so loaned. SEO. 3. This act shall take effect from and after its passage.

[An Act to provide for issuing arms and accoutrements to colleges and academies, for the use of the youth, and to prescribe the tactics to be used by them, approved April 23, 1858, 252, was repealed by an Act in relation to the militia of the State, approved May 9, 1861, 321.] An Act to provide for issuing arms and accoutrements to colleges and academies, for the use of the youth, and to prescribe the tactics to be used by them.

Approved May 2, 1862, 483.

governor.

Issue of arms

583. SECTION 1. The governor of this State may, upon presentation of a petition Petition to showing the number and age of the male youth of any college or academy of learning in this State, issue to the trustees or other managing agents of the institution, the arms, ordnance, camp and garrison equipage, and other military property, of this State, not to exceed one piece of light artillery and caisson, or forty stand of small arms, with accoutrements, and the side arms and camp and garrison equipage necessary for forty men, to any such college or academy, to be used by said youth, under the supervision of said trustees, or other managing agents, for their improvement in military science.

584. SEC. 2. Before issuing the property of the State referred to in section one, the Bond. governor shall require of said trustees, or other managing agents, a bond, on the part of the same, payable to the people of the State of California, in the penal sum of double the value of the property so required, conditioned that they will safely keep, have in readiness for use, and return the same, if at any time required so to do by the executive of the State, to supply public necessity, or on violation of any of the provisions of this act, which shall be duly approved, as to the sufficiency of the security, by the county judge of the county in which said college or academy may be located.

585. SEC 3. The said trustees, or other managing agents, having, by virtue of this Duties of act, obtained the property of the State, are required to organize said youth of the

trustees.

Tactics.

Returns

institution, by them represented respectively, into companies, appointing therefrom, from time to time, the officers thereof, prescribe the hours and place of drill, or encampment, and shall cause them to be taught such tactics, only as, for the time being, are prescribed by proper authority for the army of the United States. They shall, annually, on or before the fifteenth day of December, make return to the adjutantgeneral, setting forth the number of scholars, and condition of that branch of the school, the kind and quantity of military property in their hands belonging to the State, and the condition thereof.

SEO. 4. This act shall take effect and be in force from and after its passage.

Colusa County.

REFERENCES TO SPECIAL AND LOCAL ACTS.

586. Boundaries, 1850, 62; 1851, 179; 1856, 118, 124.

Seat of justice, 1851, 179; 1853, 193.
Abolishing board of supervisors, 1853, 153, 181.
Providing for location of county seat, 1853, 193.
Regulating fees of certain county officers, 1856. 57.
Creating Tehama County, 1856, 118; 1857, 25.
Altering and defining boundary lines, 1856, 124.
Fixing time of holding court of sessions, county court and pro-
bate court, 1857, 207; 1859, 128.

Authorizing T. O Larkin to sell certain land belonging to his
infant children, 1857, 236.

Fixing compensation of certain officers (county judge, district attorney and treasurer), 1857, 256.

Legalizing and confirming general and supplemental assessment rolls, &c., and extending time for collection of revenue, 1859, 6. Authorizing recorder of Tehama County to transcribe certain records, 1859, 151.

Extending time for collecting taxes, 1860, 4; 1861, 5. Authorizing board of supervisors to levy special tax for building purposes, 1860, 33.

Providing for compensation of keepers of county jail and for payment, &c., 1860, 219.

Providing for collection of delinquent taxes, 1860, 246; 1861, 473.
Authorizing board of supervisors to levy special tax and crea-
ting contingent fund, 1862, 8.

Providing for public administrator, 1862, 48; 1863, 23.
Requiring county judge to reside at county seat, 1863, 101.
Concerning roads and highways, 1863, 309,-refers to 1861, 378,
Providing for time of holding county court and probate court,
1863-4, 41.

Making county clerk ex officio recorder and auditor, and fixing
his compensation, 1863-4, 473.
To provide for funding indebtedness, 1863-4, 515.

Appointment.

Term of office.
Powers.

Force and effect of official acts.

Official oath.

Secretary of
State's duty.

Publication.

Ex officio commissioners.

Commissioners of Deeds.

An Act empowering the governor to appoint commissioners of deeds, and defining the duties of such officers. Passed March 20, 1850, 100.

587. SECTION 1. The governor may, when in his judgment it may be necessary, appoint in each of the United States, and in each of the territories and districts of the United States, and in each foreign state, territory, and colony, one or more commissioners, to continue in office four years, unless removed by the governor; every such commissioner shall have power to administer oaths, and to take depositions and affidavits to be used in this State; and also to take the acknowledgment or proof of any deed or other instrument to be recorded in this State. [Amendment, approved February 11, 1858, 22.

588. SEC. 2. All oaths administered by said commissioners, all depositions and affidavits taken by them, and all acknowledgments and proofs aforesaid, certified by them, shall have the same force and effect in law, to all intents and purposes, as if done and certified by any recorder or other officer within this State, authorized by law to perform such acts.

589. SEC. 3. Before any commissioner, appointed as aforesaid, shall proceed to perform any of the duties of his office, he shall take and subscribe an oath before any officer duly authorized to administer oaths in the State, for which such commissioner may be appointed, that he will faithfully perform and discharge all the duties of his office; which oath shall be filed in the office of secretary of State of California within six months after the taking the same.

590. SEC. 4. It is hereby made the duty of the secretary of State to furnish each commissioner, appointed as aforesaid, with a copy of this act.

591. SEO. 5. The names of all persons appointed commissioners under this act shall be published at least three times in some weekly newspaper published in this State. An Act to confer the powers of commissioners of deeds, for the time being, upon certain officers of the army of the United States.

Approved February 10, 1864; 1863-4, 74.

592. SECTION 1. During the existence of the present rebellion, officers in the army of the United States of a rank not less than that of brigadier-general, shall [be] (") ex

() This "be," inserted in the printed statutes of 1863-4, is unnecessary, improper and incorrect.

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