ÆäÀÌÁö À̹ÌÁö
PDF
ePub

been so bound, and judgment shall be rendered for such sum and costs, as well as declaring such indenture void and annulled.

annulling inden

tures.

362. SEC. 8. The application for annulling such indenture, and proceedings thereunto Proceedings for belonging, shall be the same under this act as an act to provide for binding minors as apprentices, clerks, and servants, approved April tenth, eighteen hundred and fiftyeight; and the punishment for fleeing from service, and proceedings thereunder, See 344, 345. shall be the same under this act as the act last above named.

Archives.

An Act concerning the public archives.

Passed January 5, 1850, 45.

obtained and

363. SECTION 1. That the secretary of State be and is hereby instructed to call Archives to be upon, ask, and receive of the late secretary of the State of California, all public kept by secretary records, registers, maps, books, papers, rolls, documents, and other writings, which of State. he may have in his possession, which appertain to, or are in any wise connected with the political, civil, and military history, and past administration of the government in California; the titles to bonds within the territory, or to any other subject which may be interesting, or valuable as references or authorities to the government, or

people of the State. And that the secretary of State be directed to classify, and And to be classi safely keep, and preserve the same, in his office.

364. SEC. 2. This act shall be in force from and after its passage, and a certified copy thereof shall be filed in the office of the secretary of State.

An Act concerning the archives now remaining in Monterey.

Passed May 1, 1851, 443.

365. [This act required the secretary of State to employ a suitable person to examine the Spanish archives in Monterey; and provided for the arrangement, classification, and indexing of all relating to land titles, conveyances, judicial proceedings, denouncement of mines and miscellaneous documents concerning the rights and property of individuals, which, with the exception of such as related to real estate in Monterey County, were directed to be placed in the department of the secretary of State. Those, relating to the custom-house and military, were directed to be delivered to such person as might be authorized by the United States to receive them.]

366. [An Act to provide for the payment of the expenses in removing the archives of State, from San José to Vallejo, and thence to Sacramento, was approved January 30, 1852, 54. See also joint resolutions approved January 16, 1852, 284, and January 21, 1852, 285. An Act to be entitled an act directing the removal of the archives and State officers to the City of Vallejo, was approved April 30, 1852, 128.

An Act to protect the archives of State and prevent their removal from Benicia (to which the seat of government had been transferred by act of February 4, 1853, 24, whence it was transferred to Sacramento by act of February 25, 1854, 7), was approved May 18, 1853, 270.] Concurrent Resolution.

Passed April 16, 1858, 357.

fied, &c.

Californian

367. Whereas, The secretary of State, and also the county clerk of the County of Mexican and Monterey, have in their possession a large number of the old Mexican and California archives. archives, which convenience requires to be transferred to the custody of the United States surveyor general for California, to be kept by him with the documents of a like character, now under his control: Therefore, be it

surveyor

Resolved, By the senate, the assembly concurring, that the secretary of State, and Transferred to also the clerk of the county of Monterey, be, and they are hereby, authorized and office of U. S. directed, to deliver over to James W. Mandeville, United States surveyor general for general. California, all such Spanish or Mexican archives (whether printed or written in the Spanish language) as they may have in their possession, which are necessary and proper to be handed over, they first taking a receipt from the said Mandeville for all documents delivered, together with an abstract of them.

An Act concerning the recording of certificates of incorporation and the arrangement of the archives of State in the secretary of State's office, approved March 18, 1864; 1863-4, 191. SEE SECRETARY OF STATE, post, 6783.

67

Appointment.

Term and oath.

Bond.

Duties.

Assayer of State.

[An Act creating the office of State assayer, melter, and refiner of gold, and defining his duties, passed April 20, 1850, 338, was repealed by act of January 28, 1851, 307.]

An Act to provide for the appointment of a State assayer of ores and metals, and to define his duties.(")

Approved March 14, 1860, 89.

368. SECTION 1. The governor, by and with the advice and consent of the senate, may appoint a suitable and competent person to be State assayer, who shall be skilled in the art of assaying of ores and metals, who shall hold his office for the term of two years, and until his successor shall be appointed and qualified, and shall be sworn to the faithful discharge of his duties.

369. SEC. 2. Before entering upon the discharge of his duties, the person so appointed shall give an official bond, conditioned for the faithful performance of his duties, with two or more sureties, in the sum of fifty thousand dollars, to be approved by the governor of the State.

370. SEC. 3. It shall be the duty of said State assayer to assay such ores and metals as may be offered to him for that purpose, and to give certificates of the character, quality, and value, thereof; and, also, in case of all precious metals assayed, to stamp the same with such suitable stamp as may be selected or devised by said assayer, showing the quality and value thereof, according to the standard of the mint of the United States, and for such service said assayer shall be paid such compensation as may be agreed upon by the person or persons procuring the same to be done: Provided, that the charges for such labor performed shall not be more than the prices of the United States mint for similar services done; and the charge for a seal to any certificate, when required, shall not be more than two dollars. SEC. 4. This act shall take effect from and after its passage.

Assessor of County-See Kevenue.

[The entire law as to the term and duties of the county assessors appears to be contained in acts relating also to other and more general subjects, except special and local acts, which will be found referred to under the heads of the counties to which they apply. The principal general act is a portion of the revenue act of May 17, 1861, from Sec. 6 to Sec. 22, post, 6155 to 6171, inclusive.

The old and now superseded, though not expressly repealed statutes on the subject, were.An Act concerning the office of county assessor, passed March 27, 1850, 117, and the amendatory acts of May 5, 1853, 138, and March 15, 1860, 99.]

Non-negotiable instruments for payment of

money or personal property.

Assignment by indorsement to

property.

Assignability of Instruments in Writing.

An Act relative to bonds, due bills, and other instruments in writing, and making them assignable.

Passed April 20, 1850, 332.

371. SECTION 1. That all bonds, due bills, and other instruments of writing, not negotiable, hereafter made by any person, body politic or corporate, whereby such person promises or agrees to pay any sum or sums of money, or articles of personal property, or any sum of money in personal property, or acknowledges any sum of money, or articles in personal property, to be due to any other person, shall be taken to be due and payable, and the sum of money or articles of personal property therein mentioned, shall, by virtue thereof, be due and payable to the person to whom the said bond, bill, or other instrument in writing is made.

372. SEC. 2. And such bond, due bill, note, or other instrument in writing, not netransfer and vest gotiable, made payable to any person, shall be assignable by indorsement thereon under the hand of such person and his assignee, in the same manner as bills of exchange are, so as absolutely to transfer and vest the property thereof in each and every assignee successively.

373. SEC. 3. Any assignee to whom such sum of money, or personal property, is (*) A special act, approved May 20, 1961, 566, provides for the appointment of an assayer of ores and metals in Mono County, and defines his duties.

by such indorsement made payable, or in case of the death of such assignee, his heirs, Action by assignee. executors, or administrators, may in his own name institute and maintain the same kind of action for the recovery thereof, against the person who made and executed any such note, bond, bill, or other instrument in writing, or against his heirs, executors or administrators, as might have been maintained against him, by the obligee or payee, in case the same had not been assigned; and in every such action, in which judgment shall be given for the plaintiff, he shall recover his damages and costs of suit, as in other cases; provided, that the maker or obligor shall be allowed to set up in Proviso. defense to the action of the assignee, any matter which he might have set up to the action of the payee, or obligee, when the same has arisen previous to notice of the assignment, but not otherwise.

18 Cnl. 128.

374. SEC. 4. Every assignor, his heirs, executors, or administrators, of every such Liability of note, bond, bill, or other instrument in writing, shall be liable to the action of the assignor. assignee thereof, his executors, or administrators, if such assignee shall have used due diligence by the institution and prosecution of a suit against the maker of such note, bond, bill, or other instrument in writing, or against his heirs, executors, or administrators, for the recovery of the money or property due thereon, or damages in lieu thereof; provided, that if the institution of such a suit would have been unavailing, Proviso. or that the maker had absconded or left the State, where() [when] such assigned note, bond, bill, or other instrument in writing, became due, or within twenty days thereafter, such assignee, his executors or administrators, may recover against the assignee,

or his heirs, executors, or administrators, as if due diligence by suit had been used. "Due diligence," By "due diligence" shall be understood the institution of suit within sixty days after limitation. the maturity of the obligation.

10 Cal. 461.

375. SEC. 5. In any action which may hereafter be commenced in any court in this Want or failure State, upon any of the instruments in writing mentioned in this act, by the obligee or of consideration. payee thereof, of any of such instruments made or entered into without a good and 12 Cal 28% valuable consideration, or if the consideration upon which any of such instruments were made or entered into, has wholly or in part failed, it shall be lawful for the defendant, against whom such action shall have been commenced by such obligee or payee, to plead such want of consideration; or that the consideration has wholly or in part failed; and if it shall appear that any of the aforesaid instruments were made or entered into without a good or valuable consideration, or that the consideration has wholly failed, the verdict shall be for the defendant; and if it shall appear that the consideration has failed in part, the plaintiff shall recover according to the equity of the case.

376. SEC. 6. If any fraud or circumvention be used in obtaining the making or Fraud or circumexecuting of any of the instruments aforesaid, such fraud or circumvention may be vention. pleaded in bar, in any action to be brought on any such instrument so obtained, whether such action be brought by the party committing such fraud or circumvention, or any assignee of such instrument.

377. SEC. 7. In all cases where any of the before-mentioned instruments of writing Tender of perare for the payment or delivery of personal property, other than money, and no par- sonal property. ticular place be specified in such instrument of writing, for the payment or delivery thereof, it shall be lawful for the maker of any such instrument of writing to tender, or cause to be tendered, on the day mentioned in any such instrument, the personal property therein mentioned, at the place where the obligee or payee of such instrument resided at the time of the execution thereof; provided, however, if such property Proviso, be too ponderous to be easily moved, or if the obligee or payee of such instrument had not, at the time of the execution of such instrument of writing, a known place of residence in the county where the maker resided, then it shall be lawful to tender such personal property at the place where the maker of such instrument resided at the time of the execution thereof. Any tender made in pursuance of this section, Tender after shall be equally valid and legal, in case any such instrument of writing shall have been assignment. assigned in pursuance of the first section of this act, as if no such assignment had been made.

378. SEC. 8. A legal tender of any such personal property, shall discharge the Effect of tender. maker of any such instrument from all liability thereon; and the property thus tendered is hereby declared to be vested in and belong to the legal holder and owner of any such instrument of writing, and he may maintain an action for the recovery thereof, or for damages, if the possession be subsequently illegally withheld from him;

(") The word "where," as printed in 1850, 333, seems a typographical error for “when."

Proviso as to provided, however, if any such property so tendered, shall be of a perishable nature, property requiring sustentation. or shall require feeding, or other sustentation, and the person owning or holding any such instruments of writing, be absent at the time of tendering the same, it shall be lawful for every person making such tender to preserve, feed, or otherwise take care of the same; and he shall have a lien on such tendered property, for his reasonable trouble and expense of preserving, feeding, or sustaining such property, until payment be made for such trouble and expense.

Residence.
Oflice.

Commission.

Oath.
Bond.

To prosecute or defend State causes in supreme court.

To account for moneys received.

To assist in all impeachments.

Written opinions.

To supervise district attorneys.

Docket.

Report.

Attorney General.

An Act concerning the office of attorney general.

Passed February 2, 1850, 55.

379. SECTION 1. The attorney general shall reside and keep his office at the sent of government, and shall not depart from the State, without leave of absence from the legislature, for more than thirty days at any one time. He shall be commissioned by the governor, and shall take the oath prescribed by the constitution, and shall give bond, with security to be approved by the governor, in the sum of twenty thousand dollars, conditioned for the faithful performance of the duties of his office. [Amendment, approved April 4, 1864; 1863-4, 360.

380. SEC. 2. The attorney general shall attend each of the terms of the supreme court, and there prosecute or defend, as the case may be, all causes to which the State may be a party; also all causes to which any officers of the State, in their official capacity, may be a party; also all causes to which any county may be a party, other than those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his official capacity; and after judgment obtained in any such cause, he shall direct such proceedings, and sue out such process as may be required to carry the same into execution. He shall account for and pay over to the proper officer any money which may come into his hands belonging to the State or any county. It shall also be his duty to assist in all impeachments which may be tried before the senate.

381. SEC. 3. When required, the attorney general shall give his opinion in writing, without fee, to the legislature, or either house thereof, upon any question of law, and to the governor, the secretary of State, controller, treasurer, surveyor general, the trustees or commissioners of State hospitals or asylum, and any district attorney, upon any question of law relating to their respective offices.

382. SEC. 4. The attorney general shall supervise the district attorneys of the State in all matters pertaining to the duties of their office. He shall from time to time, in his discretion, require of the district attorneys such a report as to the condition of public business intrusted to their charge, as may be prescribed by law, regulating the duties of district attorneys. He shall keep a docket of all causes to which the State, or any officer of the State in his official capacity, or any county may be a party, which docket shall at all times in business hours be open to the inspection of the public, and shall set forth the county, district, and court, in which said causes shall have been instituted, tried, and adjudged, and whether civil or criminal causes; if civil causes, the nature of the demand, the stage of the proceedings, and when prosecuted to judgment, a memorandum of the judgment of the process, if any issued thereon, and whether satisfied or not, and if not satisfied, the return of the sheriff on said process; and if criminal causes, the nature of the crime, the mode of prosecution, the stage of the proceedings, and when prosecuted to sentence, a memorandum of the sentence, and of the execution thereof, if the same shall have been executed, and if not executed, of the reasons of the delay or prevention of execution.

383. SEC. 5. The attorney general shall, on the first Monday of November annually, report to the governor the condition of the affairs of his department, and in said report make such suggestions as shall appear to him calculated to improve the laws of the State. These reports shall be accompanied and verified by the reports which he shall have received from the district attorneys of the State, and by a transcript from the docket which he is herein commanded to keep. He shall communicate to the governor, or either house of the legislature, whenever requested, any information concerning his office. [Amendment, approved April 4, 1864; 1863–4, 360.

384. SEC. 6. It shall be the duty of the attorney general, whenever in his opinion

required by the public service, or when directed by the governor, to repair to any dis- To assist district attorneys. trict in the State and assist the district attorney in the discharge of his duties.

385. SEC. 7. The attorney general shall be elected in the manner prescribed by Election. the constitution and the law regulating elections.

386. SEO. 8. The attorney general shall receive such compensation as prescribed Compensation. by law.

SEC. 9. This act shall be in force from and after its passage, and a certified copy thereof filed in the office of the secretary of State.

An Act the better to enable the collection of judgments in favor of the State.

Approved April 14, 1858, 159.

sales at state

387. SECTION 1. Whenever a sale of property, real or personal, for the satisfaction To attend all of any judgment, in favor of the State, or of the people of the State, or of any person, instance. or officer, for the use or benefit of the State, may be had, the attorney general of this State, or some other person, to be designated by him, under the order and direction of the board of examiners, shall bid upon and may purchase any such property in the name of the State of California, for the use and benefit of the inhabitants thereof, and said attorney general, or such other person, may make, or cause to be made, entries of credits, or satisfaction in whole or in part of such judgments, as the consideration for the purchase, on the execution of a deed of conveyance, or other necessary instrument in writing, for the conveyance of such property to the State.

388. SEC. 2. Whenever the property of a judgment debtor, in any judgment men- Redemptions. tioned in the preceding section, has been sold under a prior judgment, or is subject to any judgment, lien, or incumbrance, taking precedence of any such judgment, in favor of the State, mentioned in the first section of this act, the attorney general of this State may redeem such property from such prior judgment, lien or incumbrance, or cause the same to be done, when, in his opinion, with the advice and consent of the board of examiners, the best interests of the State will be thereby secured; and all sums of money necessary for such redemption, shall, upon the order of the board of examiners, be paid from any money in the treasury, not otherwise appropriated, on the warrant of the controller of State.

suits.

389. SEC. 3. It is hereby made the duty of the attorney general of this State, when Institution of in his opinion, it may be necessary for the collection or enforcement of any judgment hereinbefore mentioned, to institute and prosecute, or cause to be instituted and prosecuted, in behalf of the State, such suits and actions, or other proceedings, as he may find necessary to set aside and annul any and all conveyances which may have been, or shall hereafter be fraudulently made by such judgment debtors, whether such conveyance be absolute or conditional. All costs necessary for the prosecution of said Costs. proceedings, shall, when allowed by the board of examiners, be paid out of any appropriations made, or to be made, for the prosecution of delinquents.

An Act to enable the attorney general to employ a clerk.

Approved April 3, 1862, 104.

390. SECTION 1. The attorney general is hereby authorized to expend, out of any Clerk hire, &c. money coming to his possession, belonging to the State, and collected by him, the sum of eighteen hundred dollars per annum, for clerk hire, service, and incidental expenses of suits; provided, he shall not be permitted to expend more than ten per Proviso. cent. of any amount received by him during any one year of the term of his office. SEC. 2. This act shall take effect from and after its passage.

Attorneys and Counselors at Law.

An Act concerning attorneys and counselors at law.

Passed February 19, 1851, 4S.

391. SECTION 1. Any white male citizen, or white male person, who shall have Admission. bona fide declared his intention(") to become a citizen, in the manner required by law, of the age of twenty-one years, of good moral character, and who possesses the necessary qualifications of learning and ability, shall be entitled to admission as attorney and counselor in all courts of this State.() [Amendment, approved March 5, 1861, 40.

() This word is printed "attention" in 1861, 40.

male person, who shall have bona fide declared his intention to () The original section did not contain the words "or white become a citizen, in the manner required by law."

« ÀÌÀü°è¼Ó »