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SEC. 4. All proposals must be directed to the County Treasurer, To be forfeited. marked, "Sinking Fund," and must be accompanied with County Warrants of said county, to the amount of ten per cent. of the warrants proposed to be surrendered, to be forfeited to said county, in case the party does not comply with the terms of his bid.

opened.

First accepted.

SEC. 5. The proposals shall be opened in the presence of the Proposals County Treasurer and Board of Supervisors, and the Board shall first accept those proposals offering warrants at the lowest rate and most favorable to the county, and which will secure to the county the purchase and cancellation of the greatest amount of warrants, and so on, always accepting the next best bid for the county. The bids being at equal rates, preference shall first be given to the person Preference. offering the smallest amount of warrants; the bids being equal and of the same amount of warrants, each shall be accepted "pro rata." SEC. 6. In no case shall warrants be received or purchased by County as the county, as herein provided, at a higher rate than par value.

purchaser.

SEC. 7. If, upon the final settlement of the Sheriff, for taxes col- supervisors lected during the year, an amount less than five hundred dollars shall to give notice. remain in said "Sinking Fund," the Board of Supervisors may give notice for proposals for said amount, and proceed as hereinbefore provided.

SEC. 8. This Act shall remain in force until all County Warrants Act to remain issued for the payment of legal indebtedness of said county, accruing in force. prior to the first day of July next, shall be paid, and no longer.

CHAPTER CII.

AN ACT

To extend "An Act for the Protection of Game," passed May 1st, 1852, to the Counties of Shasta and Trinity.

[Approved April 17, 1855.]

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

SECTION 1. The "Act for the Protection of Game," passed May Act extended. 1st, one thousand eight hundred and fifty-two, is hereby extended to

and made applicable to the Counties of Shasta aud Trinity.

Gaming banks.

Dealing games.

House owners liable to indictment.

Fine.

First offense. Subsequent offenses.

House liable.

Owner of gambling houses, &c.

Fine.

First offense. Subsequent offenses.

CHAPTER CIII.

AN ACT

To Suppress Gaming.

[Approved April 17, 1855.]

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

SEC. 1. Every person who shall open or cause to be opened, any gaming bank or game of chance, the whole or part of which belongs to him, in any house or other place whatsoever, whether the said house or place be owned or usually occupied by said person or not; and likewise every person who shall deal for, or otherwise conduct, or assist in conducting the affairs of such bank or game; and also every person who shall permit such bank or game to be opened in any house under his control, may be prosecuted by indictment by the Grand Jury of the county in which the offense shall have been committed; or before any Justice of the Peace, or Recorder's Court of said county; and on conviction, upon evidence of one or more credible witnesses, shall be fined in a sum not exceeding five hundred dollars, nor less than one hundred dollars for the first offense, and double such amount for each subsequent offense; and in all cases, the house or place, in which such illegal gaming is carried on or held, except it be done without the knowledge of the owner thereof, shall be held liable for the fines imposed on persons for such illegal gaming within the same.

SEC. 2. The owner, tenant, or occupant of any house or building, in which money or goods shall have been lost by gaming, with the knowledge or consent of such owner, occupant or tenant, shall on conviction thereof, be fined not exceeding five hundred dollars, nor less than one hundred dollars for the first offense, and double such amount for each subsequent offense.

Notes, &c., won. SEC. 3. All notes, bills, bonds, mortgages or other securities or conveyances whatever, in which the whole or any part of the consideration, shall be for any money or goods, won by gaming or playing at cards, dice or any other game whatever, or by betting on the sides or hands of any person gaming, or for re-imbursing or repaying any money knowingly lent or advanced, for any gaming or betting, or lent and advanced at the time and place of such gaming or betting, shall be void and of no effect, as between the parties to the same, and as to all persons, except such as shall hold or claim under them in good faith and without notice of the illegality of the consideration of such contract or conveyance.

Duty of District
Attorneys.

SEC. 4. It shall be, and is hereby made the duty of all District Attorneys to prosecute all offenses against this Act, and to make quarterly reports to the Courts of Sessions, or Boards of Supervisors of the county in which such prosecution was had, of the names of all persons who shall have been convicted under the pro

visions of this Act, during the preceding quarter, together with the amount of all fines so imposed and collected from each person so convicted.

SEC. 5. The District Courts, Courts of Sessions, Justices of the District Courts, &c. Peace and Recorder's Courts, in the several counties of this State, shall have full and complete jurisdiction over all cases arising under the provisions of this Act, and it shall be the duty of the Courts of Duty of Courts Sessions to give this law in charge, to the Grand Jury, whose duty Duty of it shall be to inquire into and present all cases of a violation of this Grand Jury. law; provided, that nothing in this Act shall be construed to include Proviso. the games of Billiards and Teupins.

of Sessions.

of Fines.

SEC. 6. One fourth of all fines collected under the provisions of Disposition this Act, shall go to the District Attorney; one-fourth shall be paid into the Treasury of the county where the offense was committed, and the remainder shall be equally divided among the various Orphan Asylums in counties where such Asylums exist, and where there are no such Asylums, shall go into the "General School Fund" of the connty.

SEC. 7. An Act entitled "An Act to license gaming," approved Acts repealed. March fourteenth, 1851, and an act to amend the third section of an act entitled "an act to license gaming," approved April twenty

ninth, 1851, are hereby repealed.

SEC. 8. This Act shall take effect and be in force, in thirty days Take effect. after its passage; provided, that no license referred to in section seven of this Act shall be issued after the passage of this Act.

CHAPTER CIV.

AN ACT

To create the County of Merced, to define its Boundaries and to provide for its Organization.

[Approved April 19, 1855.]

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

SECTION 1. There shall be formed out of the southwestern portion Formed. of Mariposa county a new county to be called Merced.

SEC. 2. The boundary of Merced county shall be as follows: Be- Boundaries. ginning at a place on the San Joaquin river known as Converse's Ferry, thence along the main road leading to a place on the Merced river known as Phillips' Upper Ferry, thence in a straight line to the southeast corner of Stanislaus and southwest of Tuolumne counties, thence along the line dividing Mariposa ard Stanislaus counties to the most western corner of the same, thence southeastwardly along the western boundary of Mariposa county to the corner of Tulare and said county

Seat of Justice.

Time of election.

Officers to be elected.

of Mariposa, thence along the dividing line of Tulare and Mariposa counties to the road leading from Converse's Ferry on the San Joaquin river to Visalia in Tulare county, thence in a straight line to the place of beginning.

SEC. 3. The seat of Justice shall be at such place as may be determined by the qualified electors of the county at the election for county officers, as provided by this Act.

SEC. 4. There shall be an election held for county officers, and to determine the county seat in said county of Merced, on the second Monday in May of the present year, eighteen hundred and fifty-five.

persons, one

SEC. 5. At the election mentioned in the preceding section there shall be chosen a Board of Supervisors consisting of three County Judge, one County Attorney, one County Clerk who shall be ex-officio County Recorder, one Sheriff, one County Surveyor, one Seat of Justice Assessor, one Treasurer, one Coroner and one Public Administrator, also a place to be the seat of Justice.

chosen.

Commissioners appointed.

Duties.

Election laws.

Exception.

Session of
Commissioners.

Meeting of.

Duties of.
Record of
Proceedings.

SEC. 6. A. Stevenson, Wm. Neal, W. J. Barfield, Charles V. Snelling, John McDermot, Samuel Lovejoy and C. F. Bloodworth are hereby appointed and constituted a Board of Commissioners to designate the election precincts in the said county of Merced for the said election; to appoint the Inspectors and Judges of the several precincts as designated; to receive the returns of election and to issue certificates of election to the persons entitled to the same.

SEC. 7. The laws of a general nature now in force regulating elec tions in this State, shall apply to the election ordered by this Act, except that the above Board of Commissioners herein appointed shall designate the election precincts, appoint the Inspectors and Judges of election, receive the returns of election, issue the several certificates to the persons elected, and declare what place receives the highest number of votes for county seat.

SEC. 8. Said Board of Commissioners shall hold their first session for the transaction of business at the house of James A. Neal & Co., in said county.

SEC. 9. The said Board of Commissioners shall meet on the Monday two weeks previous to the election. At such meeting said Board shall appoint one of their number President, and one as Clerk. A record of their proccedings shall be kept; the attendance of a majority of the members of the Board shall be necessary for the transaction of Duty of Board. business; at the said meeting the Board shall designate the precincts of the county and appoint Inspectors and Judges of such precincts, and give notice at each of the said precincts.

Returns. Meeting of Board.

Statement of.

SEC 10. Sealed returns from the officers of election may be delivered to any member of said Board. The said Board shall meet on the fifth day subsequent to the election at the house of James A. Neal & Duties thereof. Co., and the returns shall then be opened and read, and under their direction, and in their presence a tabular statement shall be made out, showing the vote given at each precinct of the county, for each person and for each of the offices to be filled at the election, and also the entire vote given for each person, and in the county for county seat, and for what place or places cast. The statement made out by such Board, shall be signed by its President and Clerk. The place for which the highest number of legal votes shall be found to have been cast, shall be the county seat. The persons having the highest number of legal votes for the several offices to be filled shall be declared elected, and the President shall immediately make out aud send or deliver to each person

County seat.

Declared elected.

chosen, a certificate of election signed by him as President of the Commissioners, and attested by the Clerk.

SEC. 11. The County Judge shall qualify before the President of County Judge. the Board, and enter upon the discharge of the duties of his office on the day succeeding the meeting of the Board as provided in the preceding section. The persons elected as county officers as provided in this Act shall qualify before the County Judge within ten days thereafter, and enter upon the discharge of their duties.

SEC. 12. The President of the Board shall transmit without delay a copy of the tabular statement prepared as provided for in section tenth to the Secretary of State. The election returns of the county and a duplicate tabular statement shall be furnished to and retained by the County Judge of the county until the person elect as Clerk of said county has qualified and entered upon his duties, after which they shall

be filed in his office.

Duty of
President.

SEC. 13. The County Judge chosen under this Act shall hold office Terms of office. for four years from the next annual election for members of the Assembly, and until his successor is elected and qualified; the other officers elected under this Act shall hold their respective offices for the term fixed by law, commencing from the next annual election for members of the Assembly.

of County Judge.

SEC. 14. The County Judge shall receive for his services such sum Compensation annually as shall be determined by the Board of Supervisors, not to exceed one thousand five hundred dollars, to be paid in the manner provided by an Act to fix the compensation of County Judges and Associates of the Court of Sessions, approved May 17th, 1853.

How paid,

SEC. 15. The county of Merced for representative purposes shall be county of and remain a portion of Mariposa county as now fixed, until otherwise Merced. provided by law.

SEC. 16. The county of Merced for Judicial purposes shall be at- Judicial tached to and form a part of the Thirteenth Judicial District.

purposes.

SEC. 17. The Board of Supervisors of Merced county shall have Supervisors. power to levy a special tax, not to exceed fifty cents on each one hun dred dollars of valuation of the taxable property of said county, to be Fund from assessed and collected as other taxes, and the fund arising from said' special tax. special tax shall be applied solely to the erection of a Jail and Court How applied. House for said county.

to meet.

Indebtedness.

SEC. 18. The Board of Supervisors of Merced county shall appoint Commissioners two Commissioners to meet a corresponding number of Commissioners appointed in like manner by Mariposa, for the purpose of ascertaining and settling the amount of indebtedness said county of Merced shall assume and become responsible for, of the debts of said county of Mariposa, and when ascertained and certified to by said Commissioners or a majority of them to their respective counties, the Board of Supervisors Supervisors shall of Merced county shall cause to be issued by the County Treasurer in issued. favor of the county of Mariposa the sum so agreed upon payable out of How payable. any money that may come into the Treasury of Merced county.

Cause to be

officers.

SEC. 19. All township officers chosen at the general election for Township Mariposa county whose districts by this Act may be included within the present limits of Merced county, shall continue to hold their respective offices for said county of Merced, during the term for which they were elected, and until their successors are elected and qualified SEC. 20. The Clerk and Recorder of Mariposa county upon appli- Officers to fur cation by any person and payment of the fees, shall furnish certified copies of all deeds or other papers recorded in their offices, wherein the

nish papers, & c.

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