officio, within the states of Arkansas, Virginia, and Kansas, and the territories of Powers. Utah and New Mexico, and the states and territories of the United States south of the before-mentioned states and territories, possess all the powers of commissioners of deeds of this State, the same as if they had been appointed as such commissioners for the respective state or territory within which they shall act as such. The official Certificate. certificates of such ex officio commissioners shall, in all cases, express the time and place at which the act certified to was performed, and the acts of said commissioners certified by them shall have the same force and effect in law, to all intents and purposes, as if certified by any commissioner authorized by law to act as such. 593. SEC. 2. This act shall take effect immediately, and the powers herein conferred Term of powers. shall cease to be exercised by such ex officio commissioners after six months from the time when the said rebellion shall be declared suppressed by proclamation of the president, or by express act of congress, or by any other action of congress to the same effect. 594. SEC. 3. In all such acknowledgments, so taken as aforesaid, by said commis- No scal required. sioners, no seal shall be required, but the same shall be as valid as if an official seal was thereunto affixed. Commissioners in Equity. An Act to provide for the appointment of commissioners in equity. 595. SECTION 1. There shall be appointed and commissioned by the governor, in the Appointment of same manner as notaries public are now appointed and commissioned, four persons, resi- commissioners. dents of the City and County of San Francisco, of the degree of counselors of the supreme court, to be denominated and known as commissioners in equity, who shall hold their office for the term of two years, and until their successors are appointed and qualified. 596. SEC. 2. Said commissioners in equity shall be authorized, upon an order made To take testimony. for that purpose by any court, to take testimony in equity cases, to be used on the trial, or argument, of such cases, take and state accounts between parties, and perform such other duties as the court may direct. 597. SEC. 3. Said commissioners in equity shall be entitled to receive for their ser- Fees. vices for taking testimony in equity cases the same fees as are now allowed by law to notaries public for like services. 598. SEO. 4. Said commissioners in equity, before entering upon the duties of their To give bond. office, shall execute bonds to the State in the same manner and amount as is now required by law in relation to notaries public. [The above act took effect from May 18, 1861, by virtue of act approved May 18, 1861, 525.] Common Law. An Act adopting the common law. Passed April 13, 1850, 219. 599. The common law of England, so far as it is not repugnant to or inconsistent Rule of decision with the constitution of the United States, or the constitution or laws of the State of in all the courts. California, shall be the rule of decision in all the courts of this State. An Act to abolish all laws now in force in this State, except such as have been passed by the present session of the legislature. Passed April 22, 1850, 842. 2 Cal. 99. 600. That all laws now in force in this State, except such as have been passed or General repeal of all laws except adopted by the legislature, are hereby repealed: Provided, however, that no rights ac- those passed or quired, contracts made, or suits pending, shall be affected thereby; and provided, that adopted by legislature. the laws relating to "jueces del campo," or judges of the plains, shall be excepted, until provision is made for that office by law; and provided, also, that such repeal Proviso. shall not affect any constitutional laws or acts of congress, or any of the stipulations 2 Cal. 39. 2 Cal. 565. 9 Cal. 479. Division of State into districts. First district Socond Third Representatives, when elected. contained in the treaty of peace between the United States and Mexico, ratified at Queretaro, the 30th day of May, 1848. Congressional Districts. An Act to divide the State into congressional districts, and fix the time to elect representatives to congress. Approved April 1, 1864; 1863-4, 287. 601. SECTION 1. For the purpose of electing representatives to the congress of the United States, the State is hereby divided into districts, as follows: 602. SEC. 2. The counties of San Diego, Los Angeles, San Bernardino, Santa Barbara, San Luis Obispo, Tulare, Monterey, Fresno, Merced, Mariposa, Stanislaus, Santa Clara, Santa Cruz, San Mateo, and San Francisco, shall be the first district. 603. SEC. 3. The counties of Contra Costa, Alameda, San Joaquin, Tuolumne, Mono, Calaveras, Amador, El Dorado, Sacramento, Placer, Nevada, and Alpine, shall be the second district. 604. SEC. 4. The counties of Marin, Sonoma, Napa, Lake, Solano, Yolo, Sutter, Yuba, Sierra, Butte, Plumas, Tehama, Colusa, Mendocino, Humboldt, Trinity, Shasta, Siskiyou, Klamath, and Del Norte, shall be the third district. 605. SEC. 5. At the election for presidential electors in the year eighteen hundred and sixty-four, and every two years thereafter, there shall be elected from each district, one representative to the congress of the United States. 606, [It will be observed that neither Lassen nor Coso Counties are mentioned in the above act. Lassen, which was created by act, approved April 1, 1864; 1863-4, 264, is by sec. 16 of the same act declared attached to the third congressional district; and Coso, which was created three days afterwards, was by supplemental act, approved April 4, 1864; 1863–4, 532, attached to the first congressional district.] Oath. Bond Duties. 15 Cal. 302. Where no law prescribing duties. Mal-feasance and non-feasance. Neglect or refusal to levy or sell. Neglect or refusal to pay over moneys, Constable. An Act to prescribe the duty of constables. Passed April 19, 1850, 263. 607. SECTION 1. Every person elected to the office of constable shall take the oath of office, and give bond, to be approved by the county judge of his county, conditioned for the faithful performance of the duties of his office. The bond shall be in such penalty as the county judge may direct, and after approval shall be filed and recorded in the office of the county clerk. 608. SEC. 2. A constable, elected in any county of this State, shall attend the courts of justices of the peace, within his township, whenever so required, and shall, within his county, execute, serve, and return, all lawful orders, writs, process, notices, and papers, directed, or delivered, to him by a justice of the peace of such county, or by any competent authority. [Amendment, approved February 22, 1861, 28; took effect from passage. 609. SEC. 3. In regard to the execution, service, and return of orders, writs, processes, and papers, where there are no positive provisions of law prescribing his duties. he shall be governed by the laws relating to sheriffs, so far as they are applicable. 610. SEC. 4. For failing or refusing to return, as required by law, any writ or process issued by a justice of the peace, or any paper connected with any suit or proceeding before such justice, he shall be liable to pay the party at whose instance the suit or process has issued, or for whom the paper is to be served, the sum of fifty dollars, to be recovered of him and his sureties, by motion, before a justice of the peace of his township; five days' notice of the motion having been given. 611. SEC. 5. If any constable to whom any writ of execution shall have been delivered shall neglect or refuse, after being required by the creditor, his agent, or attorney, to levy upon or sell any property of the defendant which is liable to be levied upon and sold, he and the sureties on his bond shall be liable to the creditor for the value of such property. 612. SEC. 6. If any constable shall neglect or refuse to pay over any money in his hands, which he has collected or received in his official capacity, when demanded by the per son entitled thereto, the amount thereof, with thirty-five per cent. damages, and interest at the rate of ten per cent. per month from the time of demand, may be recovered from such constable and his sureties, as provided in the fourth section of this act. 613. SEC. 7. For any official act, or any omission to perform any duty required of Liability to him by law, the constable shall be liable on his bond to any person injured. persons injured. of peace. 614. SEC. 8. Constables shall be conservators of the peace, within the county in Conservator which they are elected. [Amendment, approved February 22, 1861, 28; took effect from passage. gence and 615. SEC. 9. Any constable who shall be guilty of any manifest and wilful negli- Wilful negligence, or shall in the administration, or under color of his office, be guilty of any op- oppression. pression or wrongful act, shall, upon conviction, be fined in any sum not exceeding two thousand dollars. as attorney. 616. SEC. 10. No constable shall be permitted to practice as an attorney or counsel- Not to practice lor at law before the court of any justice of the peace of his township. For violating the provisions of this section, he shall be deemed guilty of a misdemeanor. An Act concerning official bonds of justices of the peace and constables of the counties of this State, approved March 29, 1858, 100. See BONDS OF OFFICERS, ante, 485. Contempts and Trespasses. An Act for the punishment of contempts and trespasses. Approved April 8, 1802, 115. lands. 617. SECTION 1. Every person who shall have been, or shall be hereafter, dis- Contempts in possessed or ejected from, or out of any piece, parcel, lot, or tract, of land, by the re-entry upon judgment, decree, or process, of any court of competent jurisdiction, and who, not having legal right so to do, shall re-enter into, or upon, or take possession of, any such land, or any part thereof, or induce, or procure, any person, not having legal right so to do, or shall aid or abet him therein, shall be deemed guilty of a contempt of the court by which such judgment or decree was rendered, or trom which such process issued, and shall be tried and punished therefor, in the same manner and form as now provided by law, in case of contempt not committed in presence of the court or justice of the peace. Punishment. 618. SEC. 2. Upon a conviction for such contempt, the court, or justice of the Alias process. peace, shall immediately issue an alias process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property, under the original judgment, decree, or process, to such possession of which he shall have been dispossessed by the wrongful conduct or act herein declared to be a contempt. Contra Costa County. REFERENCES TO SPECIAL AND LOCAL ACTS. To fund debt and provide for payment, 1855, 9, 211; 1856, 221; 1857, 107; 1858, 211. Fixing time of holding courts authorized to be held by county Authorizing funding commissioners to audit certain claims (for Providing for funding debt not heretofore provided, 1856, 221; 1858, 111. Fixing compensation of district attorney. 1857, 18; 1860, 24. Extending time of collecting taxes, 1857, 82; 1859, 7; 1860, 5; 1861, 1. Concerning lawful fences, 1857, 54; 1858, 40; 1861, 277. Authorizing board of supervisors to pay current expenses of Regulating fees of county officers, 1858, 16. Creating sinking fund to pay outstanding indebtedness, 1858, Declaring Nueces and Diablo Creeks navigable, 1858, 127. Concerning office of sheriff, 1859, 94. Extending time for levying taxes, 1859, 107. Authorizing C. Minturn aud others to construct and maintain wharf, 1859, 361. Providing for payment of judgment in favor of T. C. Gilman against county, 1860, 94. Authorizing board of supervisors to appropriate money to use of Authorizing guardians of Alice Marsh to sell personal property, 1860, 205, Authorizing commissioners of funded debt to reissue certain coupons of bonds, 1860, 330. Granting appeals from board of supervisors to county court (in regard to road matters), 1860, 343. Providing for collection of delinquent taxes, 1861, 119. Enabling and requiring board of supervisors to complete levy Concerning records of fees and duties of certain officers (clerk Authorizing construction and maintenance of wharf (in San Annexing county to fourth judicial district, 1862, 97. 116. Authorizing J. M. Tewksbury and associates to build wharf at Authorizing W. O'Connell and J. Fay to build wharf at Slaugh- Authorizing L. E. Morgan and associates to construct and maintain wharf at San Pablo Ranch, 1862, 168. Granting to W. H. Tillinghast and associates right to construct Providing for collection of road poll taxes, 1862, 251. Authorizing M. A. Wheaton and associates to establish and In relation to establishment, maintenance and protection of Authorizing construction and maintenance of wharf in San Joa- Regulating fees in office, 1863, 666 Authorizing construction and maintenance of wharf near Antioch by California Copper Smelting Works, 1863, 733. Concerning hogs running at large, 1863, 774, Providing for saving and transfer of causes pending in the district court, 1863-4, 500. Commission. Bond. Annual report. Accounts. Controller of State. An Act concerning the office of controller. Passed January 19, 1850, 47. 620. SECTION 1. The controller shall be commissioned by the governor, and shall reside and keep his office at the seat of government. He shall not absent himself froin the State without leave of absence obtained from the legislature. 621. SEC. 2. Before entering upon the duties of his office, he shall give bond to the State, with such sureties as shall be approved by the governor, in the penal sum of fifty thousand dollars, conditioned for the true and faithful performance of the duties enjoined by law, and for the safe delivery to his successor in office of all books, papers, documents, maps, vouchers, and other effects belonging or appertaining to the office of controller. 622. SEC. 3. He shall digest, prepare, and report to the governor, on the first Monday of November, annually, to be laid before the legislature at the commencement of each regular session, a complete statement of the condition of the revenues, and the amount of the expenditures for the preceding fiscal year, a full and detailed statement of the public debt, an estimate of the revenues and expenditures for the succeeding fiscal year, a tabular statement, showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended, a tabular statement, showing the amount of revenue chargeable to each county for the preceding year, the aggregate amount of each object of taxation, together with the tax due on the same, and shall report such plans as he may deem expedient for the support of the public credit, for promoting frugality and economy in the public offices, for lessening the public expenses, and generally for the better management and more perfect understanding of the fiscal affairs of the State.(") [Amendment, approved March 21, 1863, 96. 623. SEC. 4. It shall be the duty of the controller to keep an account between the State and State treasury, between the State and the United States, and between the State and every other state, sovereignty, officer, or person with whom the State may May administer have dealings; and he shall have power to administer all oaths or affirmations required or allowed by law, in matters touching the duties of his office. oaths. Auditing claims. 624. SEC. 5. He shall audit all claims against the State, which by law are specifically authorized to be audited, and paid out of the treasury, excepting only such claims as may be expressly required by law to be examined and adjusted by other officers or persons, and no claims for services rendered the State, or any officer thereof, or for advances made to, or on account of, the State, or any officer thereof, shall be andited (*) The ori inal section used the words "fifteenth day of December" instead of “first Monday of November." or allowed, unless such service or advances be specially authorized and the compensation fixed by law.(") [Amendment, passed April 13, 1854, 25. 4 Cal. 833. 16 Cal. 12. 625. SEC. 6. He shall draw all warrants upon the treasury for money, and each Warrants. warrant shall express in the body thereof, the particular fund out of which the same 7 Cal. 136. is to be paid, and also he shall indorse upon each warrant by him so drawn the specific appropriation applicable to the payment of the same, except only in cases otherwise specially provided by law, and no warrant shall be drawn on the treasury, except there be an unexhausted specific appropriation by law to meet the same. The controller shall keep an accurate account of all warrants by him drawn on the treasury, and a separate account under the head of each specific appropriation, and in such a form and manner, as at all times, to show the unexpended balance of each appropriation.(*) [Amendment, passed April 13, 1854, 25. 626. SEC. 7. He shall direct prosecutions in the name of the State for all official Prosecutions against delindelinquencies in relation to the assessment, collection, and payment of the revenue, quents. against all persons who by any means become possessed of public money or property, and fail to pay over or deliver the same, and against all debtors of the State. 627. SEC. 8. He shall give information in writing to either house of the legislature, Report to legiswhenever required, upon any subject relating to the fiscal affairs of the State, or touching any duty of his office, and shall perform all such other duties not enumerated in this act, as may be required by law. lature on fiscal affairs. books, &c., to successor. Books, &c., open to lawful inspec 628. SEC. 9. He shall, when he goes out of office, deliver to his successor all books, Delivery of files, letters, papers, accounts, and other things belonging to his office. 629. SEC. 10. All the books, papers, files, letters and transactions pertaining to the office of controller, shall be open to the inspection of the governor, to the inspection of committees of the legislature, or either branch thereof, or that of any other person authorized by law. tion. 630. SEC. 11. In case of the death, sickness, absence from the State, removal from Vacancy. office, or impeachment of the controller, unless such absence or disability occur within six months of the close of the term for which he shall have been elected, the governor Special election. shall immediately issue his proclamation, appointing a day for the election of a controller, to fill the office for the remainder of the unexpired term; which election shall be held at the places, and in the manner prescribed by law. 631. SEC. 12. In case of such vacancy, absence or disability, the governor shall Appointment. make an appointment of some suitable person to perform the duties of the office of controller until a successor shall be elected and qualified, or until such absence or disability shall cease; and such person shall take the oath, and give the bond required of the controller, and shall receive the same compensation as is allowed by law to the controller, in proportion to the time he shall be employed in such service. 632. SEO. 13. If the controller shall wilfully neglect, or refuse to perform any duty enjoined by law, or by color of his office shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of office. a misdemeanor in office. Wilful neglect of duty. Misdemeanor in 633. SEC. 14. The secretary of State shall procure and deliver to the controller a Official seal. seal of office, with some suitable device, and having engraved around the margin thereof the words "Office of the Controller, California," a description of which seal shall be retained in the office of the secretary of State as a record; said seal shall be used for the authentication of all drafts and warrants drawn by the controller, and of all copies of papers issued from his office; and until such seal is procured, he shall use his private seal: the controller is hereby authorized to employ a clerk in his office, who Clerk. shall receive for his services such salary as may be fixed by law. 634. SEC. 15. the office of controller shall be open for the transaction of business every day in the year, except Sunday, New Year's Day, Fourth of July, Christmas Office hours. Day, Thanksgiving Day, and the days on which the general election and special judi cial election are held, from ten o'clock A. M., to four o'clock P. M. [Amendment, approved April 3, 1863, 167. SEC. 16. This act shall be in force from and after its passage. An Act to authorize the appointment of bookkeeper to the controller of State, and temporary clerk in the department of treasurer of State, and to provide for their payment. (*) Original section: Approved March 15, 1853, 43. SEC. 5. He shall examine, adjust, and settle all claims against the State, payable out of the treasury, excepting only such claims as may be expressly required by law to be examined and settled by other officers and persons. (") Original section: SEC. 6. He shall draw all warrants upon the treasury for money, except only in cases otherwise provided by law; but every warrant shall express the particular fund out of which the same is to be paid. |