Mexican or Spanish grants. Occupants to have the preference. Errors in locating under this act by any one person: Provided, also, that nothing herein contained shall prejudice the ownership or possession of any lands at the time of said survey and location held or claimed under grants from the Mexican or Spanish governments, and, Provided, moreover, that at the time of making such location the first settler, or owner of any improvements situated on the tract proposed to be located shall in all cases have the preference. SEC. 7. In the event that any location of lands be made under and may be remedied. by the provisions of this act, upon lands supposed to belong to the United States, which should prove to be land not the property of the United States, then and in that case the party owning such land warrant or warrants, may float the same upon any other public lands in the state of California: Provided, the float and the reasons therefor be made a matter of record at the time in the office where the original location was recorded. Duties of the comptroller. SEC. 8. The comptroller shall keep an accurate account of the quantity of land thus disposed of in accordance with the provisions of the foregoing sections, and the amounts received by the treasurer, charging Revenue to form the several sums thus received to the treasurer, which sum or sums shall be set aside for a general fund to meet the liabilities of the state. SEC. 9. The interest upon the sum thus realized by the sale of the a general fund. The interest appropriated of schools. of for the support five hundred thousand acres of land granted to this state by act congress, shall be and the same is hereby set apart as a permanent fund for the support of schools in accordance with the constitution of the state of California. Surveys to be made by county surveyors The clerk of the county court shall make a record. Duties of county surveyors and SEC. 10. Lands located under the provisions of this act, shall be surveyed by the county surveyor in each county where the location is made, who shall give a certificate setting forth the bounds and the number of acres contained in such survey, and shall receive for his services such fees as are now or may hereafter be provided by law. (1) SEC. 11. The clerk of the county court shall make a record of all certificates of land located under the provisions of this act, which may have been run off by the proper officer, and shall be entitled to receive from the owner of such location three dollars for such service. SEC. 12. The county surveyor of the respective counties of this fines for neglect state at the end of every three months from the taking effect of this act, shall make out and forward to the office of the surveyor general of the state, without fee for the same, a duplicate copy of each plat of same. (1) For act concerning county surveyors, see ante, p. 130. or survey and certificate of the location of any land warrant made under the provisions of this act, in their respective counties, and for failure so to do shall be liable to a fine of not less than five hundred or more than five thousand dollars, recoverable before any court of competent jurisdiction on the complaint of any person or persons in interest. (1) credited to the seven per cent. SEC. 13. The interest to be credited to the school fund on all Interest to be moneys received into the state treasury under the provisions of this school fund at act, shall be calculated at the rate of seven per centum per annum, per annum. until the legislature shall otherwise direct. issue patents. SEC. 14. So soon as the lands which may be located under and by The governor to virtue of the provisions of this act, shall have been surveyed by the United States and such locations are made to conform thereto, the governor of this state shall cause patents to be issued in such manner and form as the legislature may hereafter direct. purchase more SEC. 15. No person shall be permitted to purchase, under this act, No person shall warrants for more than six hundred and forty acres, and shall before than 640 acres. purchasing one of said warrants deposit with the comptroller an affi- Affidavit. davit setting forth that he wants said lands for the purpose of making a permanent settlement thereon. cate warrants on SEC. 16. It shall not be lawful to locate any of said warrants Unlawful to loupon the land within the limits of any town now surveyed or laid any lands within off. town limits. SEC. 17. This act to take effect and be in force from and after the Commencement first day of June, one thousand eight hundred and fifty-two. of act. CHAPTER CLXVIII. AN ACT providing a Fund for the use of a State Library. (2)— [Passed May 1, 1852.] The People of the State of California, represented in Senate and SECTION 1. That each and every officer of this state, civil and mili-Commissions to tary, commissioned by the governor, shall, on receipt of his commission, before entering on the duties of his office, pay to the secretary of state, (1) For act concerning county surveyors, see ante, p. 130. (2) For act concerning state librarian, see ante, p. 132. For supplemental act, see next chapter. be paid for. in State Ban These Rums tibe paid to ellilitary and to for Military Commifsion 14p 10.1856 M 88 Each inember of the legislature to pay $5,00. Directors of state library and their duties. Disposition of library fund. Rules and regulations of state library. Contributions to be placed in the library. Librarian and his duties. the sum of five dollars; the secretary of state shall exhibit an account of, and pay to the treasurer at the end of each quarter, the moneys collected under this act, and the same shall be reserved, set apart, and appropriated as a state library fund. SEC. 2. The comptroller, in settling the accounts of members of the legislature, of the present and all subsequent sessions, shall reserve from the pay of each member, the sum of five dollars, the amount thereof he shall certify to the treasurer, whereupon the treasurer shall transfer the same to the state library fund. SEC. 3. The governor, treasurer, comptroller, president of the senate, and speaker of the assembly, shall constitute a board of directors for the state library. They shall have power to draw from the treasury at any time, all moneys therein belonging to the state library fund, and to expend the same in the purchase of suitable furniture, books, maps and charts for the state library, purchasing first such books on the science of government, on philosophy, and on history, as they shall think best suited to the wants of the legislature. SEC. 4. The directors of the state library shall, from time to time, establish all needful rules for the government, safe keeping, and judicious use of the furniture, books, maps and charts thereof, but they shall not permit any person other than themselves, and the members of the legislature to remove from the library, any book, map or chart thereto belonging. SEC. 5. All books, maps and charts, received from the general government, received in exchange from other states, or received from foreign nations, or donated to the state, by any person or corporation, shall be placed in the state library, and shall be carefully preserved by the librarian. SEC. 6. The secretary of state shall be librarian, and shall be responsible for the safe keeping of all the property of the state library. He shall cause all the books, maps and charts thereof to be impressed with the proper stamp or seal, after the same shall have been procured by the directors aforesaid, whereby they shall be known as the property of the state library. He shall, at all times, keep, in a convenient place in the library, a catalogue of the books of the same for Annual report. convenient reference. He shall annually, on the first Monday of January, report to the governor the true condition of the library, and recommend such additions thereto, and improvements therein, as may think best, for the interest of the same. Appended to his report shall be a list of all officers appointed by the governor in the past year, who have not paid to him the sum provided for by the first section of this act. List of appointments. Delinquents. he CHAPTER CLXIX. AN ACT supplemental to an Act entitled "An Act providing a Fund The People of the State of California, represented in Senate and a portion of the SECTION 1. All fees of whatever character, collected in the office of All fees collected by secretary of the secretary of state, shall constitute a portion of the library fund, state constituted and be paid over into the treasury, under the same rules and con- library fund. ditions as now exist in reference to fees upon commissioners under the act to which this is supplemental. commissions. SEC. 2. The fees chargeable on each commission shall hereafter be Fees on five dollars, to be collected by the secretary of state previous to the To be paid issuance of the commission. ow previous to yon Military Commissions goes to Sec. State Bound Militang auditors. Stat. 56. pp. 88. Apr. 10/56. CHAPTER CLXX. AN ACT concerning the Salaries of Officers and Pay of the Members of the Legislature. (2)—[Passed May 11, 1852.] The People of the State of California, represented in Senate and officers. Repeated 9421 pp. 225 SECTION 1. There shall be paid in the manner provided by law, to Salaries of state the several officers and persons mentioned in this section, the follow state. state. Surveyor ing amount of salaries per annum. To the governor, ten thousand Governor. dollars. To the secretary of state, three thousand and five hundred Secretary of dollars. To the treasurer of state, four thousand and five hundred Treasurer of dollars. To the comptroller of state, four thousand and five hundred Comptroller. dollars. To the attorney general, two thousand dollars. To the sur- Attorney general. veyor general, two thousand dollars. To the superintendent of public general. instruction, four thousand and five hundred dollars. To each of the instruction. judges of the supreme court, eight thousand dollars. To the superin- supreme court. tendent of public buildings, four thousand dollars. To each of the buildings. district judges of the fifth, sixth, seventh, eighth, ninth, tenth and District judges. eleventh judicial districts, six thousand dollars. The judge of the (1) See preceding chapter. (2) For time of payment, see next chapter. Super. of public Judges of the Super. of public 3 District Board of super visors or court regulate salary. Clerk to state Thunder Thay vate secretary. Salary of lieut. Pay of members of the legislature. Mileage. Clerks of legis absentees fourth judicial district shall receive a salary of seven thousand and five hundred dollars. To each of the district judges in the first and second judicial districts, three thousand dollars. To the district judge of the third judicial district, four thousand dollars. To each of the district attorneys in this state, there shall be paid such salary, payable in all cases out of the funds of the county treasury, as may be allowed by the court of sessions, or by the board of supervisors in those counties in which such board has replaced the court of sessions: Provided, such salary may be changed by such court, or board of supervisors, from year to year, as may be deemed advisable. To a clerk for the secretary of state, comptroller and treasurer, two thousand and five hundred dollars each, and governor's private secretary, (eighteen) hundred dollars. SEC. 2. The lieutenant governor and speaker of the house of assembly shall receive sixteen dollars per day during the session of the legislature, and the same mileage that is allowed members of the legislature. SEC. 3. Members of the legislature shall receive twelve dollars per diem during the session, and eight dollars for every twenty miles travel by the nearest mail route from their residence to the place of holding the session of the legislature, and in returning therefrom. SEC. 4. The secretary of the senate, and clerk of the assembly, lature to report at the close of each session, shall certify to the comptroller of state, the number of days each member has been absent from the seat of government, without leave, during the session, which number of days shall be deducted from the per diem allowance of such members. Deductions. Former acts Salaries of superintendents SEC. 5. The act entitled "An act concerning the salaries of officers," passed March fifth, eighteen hundred and fifty, and also the "Act defining the compensation of clerks employed by the secretary, comptroller and treasurer of state," passed April fourth, eighteen hundred and fifty, and also "An act concerning the salaries of officers and pay of members of the legislature," passed May first, eighteen hundred and fifty-one, be and are hereby repealed. SEC. 6. This act shall take effect from and after its passage: Proof public instruc- vided, the superintendent of public instruction, and superintendent of public buildings shall receive the salary herein provided for, from the beginning of their term of office. tion and public buildings. |