fund for the 1st. A sinking fund, for the payment and redemption of the princi- First: a sinking pal and interest of the three per cent. bonds of the state, and of the payment of the seven per cent. civil bonds, to be applied to such purposes as herein- and of the seven after provided, and in accordance with existing law: and, three per cent. per cent. bonds. 2d. After such payment and redemption, the balance if any, shall Second: Balance be paid into the treasury to the credit of the general fund. to be paid into general fund. Treasurer of state the proceeds thereof. commissioners. SEC. 11. The proceeds of sales, whether bonds, warrants or money, to attend the shall be paid to the treasurer of the state, whose duty it shall be to sales and receive attend all sales under this act, and receive all such proceeds. SEC. 12. The salary of each of the said commissioners shall be three Salary of thousand dollars per annum, except of the president, whose salary of the president. shall be thirty-five hundred dollars. The salary of the secretary shall be thirty-five hundred dollars per annum. Said salaries shall be payable monthly, out of the proceeds of any sales under this act, upon the certificate of the president and of two commissioners. Of the seretary. To be paid monthly. to file with state a certified oath of the sale, and other SEC. 13. The said commissioners shall file with the comptroller of Commissioners state at the close of each sale, accounts of such sale, with the number comptroller of and description of the property sold, the purchaser's name, and other statement under needful information, of their receipts and disbursements, with all accounts of each necessary vouchers, which accounts shall be sworn to and certified by information the president and secretary of the board. They shall also make to the therewith. legislature, the first week of the session, a full report of their trans- report to the actions during the preceding year, with such suggestions as may be legislature. proper. connected They shall also to advise with SEC. 14. It shall be the duty of the attorney general of this state Attorney general to aid and advise with said commissioners, when required by them, commissioners. in carrying out the provisions of this act, and in the prosecution and defending all suits under the same. orders restrain ers prohibited. SEC. 15. It shall not be lawful for any judge or court of this state, The issuance of to restrain or prohibit any sale of the commissioners authorized under ing commissionthis act, by any order or injunction, and if any such order or injunc- To be disregarded tion shall be issued for that purpose, all officers acting under this act may proceed with such sale, notwithstanding such injunction shall have been served on such officer. if issued. of the govern ment reserves excepted from provisions of SEC. 16. So much of the property known as the government reserves, Certain portion situate on the block bounded by Sansome, Battery, Washington and Jackson streets, as may have been selected by or on behalf of the general government for the erection of a custom-house, are reserved and excepted from the provisions of this act. this act. Citations may be issued on officers insufficient. Additional CHAPTER CXXXVIII. AN ACT concerning Sureties on Official Bonds. (1)— [Passed The People of the State of California, represented in Senate and SECTION 1. Whenever it shall be shown, by affidavit of a credible whose bonds are witness, duly filed, or presented to any court, judge, board, officer, or person whose duty it is to approve the official bond of any officer, that the sureties thereon, or any of them, have, since such bond was approved, died, removed from the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such official bond, it shall be the duty of such court, judge, board, officer, or person, to issue a citation to such officer, requiring such officer, on a day therein named, not less than three nor more than ten days after date, to appear and show cause why such office shall not be vacated, which citation shall be served, and return thereof made, as in other cases. If said officer shall fail to appear and show good cause why such office should not be vacated, on the day named, or shall fail to give ample additional surety, it shall be the duty of such court, judge, board, officer, or person, to make an order vacating such office, and the same shall be filled by election or appointment, as provided for by law. surety to be given or the office declared vacant. Sureties on official bonds SEC. 2. Any surety on the official bond of a city, county, or state may be relieved. officer, may be relieved from liabilities thereon afterwards accruing, by complying with the following provisions of this act. By filing a statement setting forth certain facts. Copy to be served on officer. Judge to issue order declaring office vacant SEC. 3. Such surety shall file with the court, judge, board, officer, person or persons authorized by law to approve such official bond, a statement in writing, setting forth the desire of the said surety to be relieved from all liabilities thereon afterwards arising, and the reasons therefor, which statement shall be subscribed and verified by the affidavit of the party filing the same. SEC. 4. A copy of the statement shall be served on the officer named in such official bond, and due return or affidavit of service made thereof, as in other cases. SEC. 5. In ten days after the service of such notice, the court, judge, board, officer, person or persons with whom the same may be (1) For act concerning official bonds of officers, see ante, p. 97. See, also, next chapter. filed, shall make an order declaring such office vacant, and releasing such surety from all liability thereafter, to arise on such official bond, and such office shall thereafter be held in law as vacant, and be immediately filled by election or appointment as provided for by law, as in other cases of vacancy of such office, unless such officer shall have, before that time, given good and ample surety for the discharge of all his official duties as required originally. unless a new responsible for until order be SEC. 6. This act shall not be so construed as to release any surety Sureties to be from damages, or liabilities for acts, omissions, or causes existing, or official acts, and which arose before the making of such order as aforesaid, but such made. legal proceedings may be had therefor in all respects as though no order had been made under the provisions of this act. under the act. SEC. 7. Executors, administrators and guardians shall be held as County officers county officers within the provisions of this act. CHAPTER CXXXIX. AN ACT to provide for Security to be given by County Officers act- The People of the State of California, represented in Senate and SECTION 1. Upon the appointment of any person to fill a vacancy Appointees to in office, before entering upon the duties of the office, the person so bond. vacancy to give!. appointed shall give a bond corresponding in substance and form with the bond required of the same officer when originally elected or appointed, to be approved by the court or officer making the appoint ment. amended. •*SEC. 2...The fifty-fifth section of the act entitled Ap.act concerning Former act perform the in case of (1) See ante, page 720, Sec. 55. 65* Amended Time of holding Special elections. Vacancies, how CHAPTER CXL. AN ACT to regulate Elections. (1) [Passed March 23, 1850.] The People of the State of California, represented in Senate and ARTICLE I. OF GENERAL, COUNTY, AND SPECIAL ELECTIONS. SECTION 1. There shall be held throughout the state, on the first Wednesday in September of each year, an election for members of assembly, and such other officers as may be required by law to be chosen at such election, to be called the general election, except that in each bissextile or leap year, such general election shall be held on the day on which by law the election is required to be held for election of president and vice president of the United States. (2) SEC. 2. [Repealed.] (3) SEC. 3. Special elections are such as are held to supply vacancies in any office, whether the same be filled by the vote of the qualified electors of the state, or any district, county, or township, and may be held at such time as may be designated by the proper officer. SEC. 4. All vacancies which are about to occur in office by the expiration of the full term thereof, shall be supplied at the general Anguded af 27/5 election. (4) 04:177/05 be made of offices general election. Proclamation to SEC. 5. It shall be the duty of the governor, at least thirty days before any general election, to issue his proclamation designating the offices to be filled at such election, and to transmit a copy thereof to the county judge of each county of the state County judges Amend ad @p27/55 Жей Superions Board of Supervisas. SEC. 6. It shall be the duty of the county judge) to give at least Porting of causing to be pries ten days' notice thereof, by setting up, at each usual place of holding elections in county, a copy of such proclamation, and inserting the same in some newspaper published in the county, if any be published therein. SEC. 7. [Repealed.] (5) (1) For choosing electors of president and vice president, members of congress, and U. S. senators, see ante, page 342--4. For supplemental act, see post chapter 141. (2) Amendment inserted from Stat. 1852, page 144. (3) See Stat. 1851, page 180--1. (4) Amendment inserted from Stat. 1851, page 181. election by state Amante (46.17. SEC. 8. Whenever a special election is necessary to fill a vacancy Notices of special in any office which is to be filled by the vote of the qualified electors vote. of the state or of the district, the governor shall issue his proclamation, ordering such election in like manner as is provided in regard to general elections, and designating also the time at which it is to be Bored Supervisas held; and the county judge of each county in which such election is to be held shall give notice thereof, as required in the sixth section of this act. - SEC. 9, Whenever a special election is necessary to fill a vacancy Notices of Bould in any county or township office, the g County special election shall issue an or- by county vote. der for such election, designating the office to be filled and the time of holding the election, and shall publish the same in the manner required by the sixth section of this act. ARTICLE II. OF THE QUALIFICATIONS AND DISABILITIES OF ELECTORS. vote at elections. SECTION 10. Every white male citizen of the United States, and Who entitled to every white male citizen of Mexico who shall have elected to become a citizen of the United States under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848, of the age of twenty-one years, who shall have been a resident of the state six months next preceding the election, and the county or district in which he claims his vote, thirty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. purpose of voting be deemed SEC. 11. For the purpose of voting, no person shall be deemed to Residences for have gained or lost a residence by reason of his presence or absence -when not to on the service of the United States, nor while engaged in the naviga- gained or lost. tion of the waters of this state or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, nor while confined in any public prison. to be an elector. SEC. 12. No idiot or insane person, or person convicted of any in- Who not entitled famous crime, shall be entitled to the privileges of an elector. not to affect SEC. 13. Absence from this state on business of the state, or of What absence the United States, shall not affect the question of residence of person. any residence. defined. SEC. 14. A crime shall be deemed infamous which is punishable Infamous crime by death or by imprisonment in the state prison. |