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Books and accounts to be inspected by Court of Sessions.

therefor; which receipt such person shall forthwith deposit with the County Auditor, who shall charge the Treasurer therewith, and give the person paying the same a quietus. (1)

Sec. 8. The books, accounts, and vouchers of the County Treasurer shall at all times be subject to the inspection and examination of the Court of Sessions, and it is hereby made their duty to make such

examination and count the money on hand at least once each year. To redeem orders Sec. 9. The County Treasurer, when an order drawn on him as of Auditor.

such Treasurer, by the Auditor of his county, is presented for payment, shall, if there be money in the Treasury for that purpose, redeem the same, and shall write on the face of such order “redeemed,"

the date of redemption, and shall sign his name thereto. Orders not paid Sec. 10. When any order or warrant shall be presented to the for want of funds to be so endorsed. County Treasurer for payment, and the same is not paid for want of

funds, the Treasurer shall endorse thereon, “not paid for want of funds,” annexing the date of presentation, and sign his name thereto; and from that time till redeemed, said order or warrant shall bear

ten per cent. per annum. To give notice Sec. 11. So soon as there shall be sufficient funds in the treasury

of the county to redeem the orders or warrants drawing interest, the County Treasurer shall give notice in some newspaper in his county, or if no newspaper be printed in his county, then by written or printed notices posted upon the Court House door, stating therein that he is ready to redeem said orders or warrants, and from the date of such notice said orders or warrants shall cease to bear interest.

Sec. 12. When the County Treasurer shall redeem any order on which

any interest is due, he shall note on the order or warrant the separately.

amount of interest paid thereon, and shall enter on his account the amount of such interest, distinct from the principal.

Sec. 13. Orders or warrants drawn on the County Treasury and have preference.

properly attested, shall be entitled to preference as to payment out of moneys in the Treasury properly applicable to such order, according to the priority of time in which the same may have been presented. The time of presenting such order shall be noted by the Treasurer ; and upon the receipt of any moneys into the Treasury not otherwise appropriated, it shall be the duty of the Treasurer to

when in funds to redeem orders.

Payments for interest to be entered

Certain orders to

(1) The 6th., 7, 8, 9, 10, 11, 12, 13, 14, 15, and 18th., Sections, so far as they conflict with the Statutes of 1853, p. 29, Sec. 13 and p. 51, do not apply to the counties of Tuolumne and Los Angeles.

county tax.

Removal from

set apart the same, or so much thereof as may be necessary for the payment of such order or warrant.

Sec. 14. All orders or warrants drawn on the County Treasurer Orders payable and payable out of the county revenue shall be received in payment revenue to be of the county tax, when tendered in payment therefor, without payment of regard to the priority of the number thereof or time at which the same may have been presented for payment.

Sec. 15. The County Treasurer shall, on the first Mondays of Redeemed orders March, June, September, and December in each year, deposit with with Auditor. the County Auditor all orders and warrants by him redeemed, and take the Auditor's receipt therefor.

Sec. 16. Whenever suit shall have been commenced against any ofice. delinquent County Treasurer, the Court of Sessions may, in their discretion, remove such Treasurer from office and appoint some person to fill the vacancy thereby created as hereinbefore directed. Sec. 17. Each County Treasurer, on going out of office, shall Dicts

, on quitting deliver to his successor in office all the public money, books, accounts, papers, and documents in his possession; and in case of the death of any County Treasurer, his legal representatives shall in like manner deliver up all such moneys, books, accounts, papers, and documents as shall come into their possession : Provided, however, no per Proviso. centage shall be allowed to the Treasurer on any money by him received from his predecessor in office or from the legal representatives of such predecessor. Sec. 18. Every County Treasurer shall make a full settlement of To settle his ac.

counts annually. all his accounts with the County Auditor annually, between the second and third Monday of January, in the presence of the Court of Sessions, who shall have a supervisory control of such settlement ; said settlement to be governed in the manner prescribed by law, and said Treasurer shall be credited with all sums paid for printing and publishing notices required to be given by him in the course of his official duties, and with all sums paid by him for blank books, stationery, and office furniture, to be paid on the order of the County Auditor.

Sec. 19. The Treasurer shall keep his office open for the transac- Ofice hours, tion of business from 10 o'clock A. M. until 4 o'clock P. M. of every day in the year, Sundays excepted.

10

CHAPTER XVI.

AN ACT to provide for the Incorporation of Towns.—[Passed

March 27, 1850.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

thereon.

ma

Petition for

Section 1. Whenever a majority of the inhabitants of any town and proceedings or village within this state, who shall be qualified electors under the

constitution and laws of this state, and shall have resided in such
town or village thirty days, shall present a petition to the County
Court of the county, setting forth the metes and bounds of their
town and commons, with a plot of the same, and praying that they
may be incorporated, and a police established for their local govern-
ment, or for the preservation and regulation of any commons apper-
taining to such town, and the court shall be satisfied the population
of such town exceeds two hundred in number, and that a
jority of the inhabitants thereof have signed the petition, the said
court shall declare such town incorporated, designating in such order
the metes and bounds of the town, which shall in no case include an
area of more than three square miles; which order, together with
the petition and town plot, shall be entered on the records of said
court, and thenceforth the inhabitants within such bounds shall be a
body politic and corporate, by name and style of the inhabitants of
the town of (naming it), and by that name they and their successors
shall be known in law, have perpetual succession, sue and be sued in
all courts, grant, purchase, hold, and receive property, real and per.
sonal, within such town and no other (burial grounds and cemeteries
excepted), and may lease, sell, and dispose of the same for the bene-
fit of the town, and may have a common seal, and alter the same at
pleasure. Until the County Courts are organized, the Governor shall

have power to act upon petitions for incorporations, in like manner County Courts organized. as any County Court might do, and may by proclamation declare

any town incorporated, and fix the time and place for the first election to be held for town officers. So soon as the County Courts are organized, the Governor shall transmit to the proper court all petitions which have been acted upon by him, and they shall be recorded

as herein provided. Corporate powers Sec. 2. The corporate powers and duties of every town so incor

Governor to exercise certain powers until

board of trustees.

trustees how to be chosen.

meetings.

porated shall be vested in a Board of Trustees, to consist of five to be vested in members, who shall be elected by the qualified electors of the town on the first Monday of May in each year, and shall hold their offices for the term of one year, and until their successors are chosen and qualified : Provided, That the first Board of Trustees and the other First board of town officers hereinafter mentioned, shall be chosen in like manner, at some time and place to be designated by the County Court in the order incorporating said town, which time shall not exceed twenty days from the date of such order, and the Trustees so chosen shall hold their offices until the first Monday of May next ensuing, until their successors are elected and qualified.

Sec. 3. The Board of Trustees shall assemble within ten days Trustees to meet after their election, and choose a President from their number, and president, etc. some person as Clerk; they shall, by ordinance, fix the times and places of holding their stated meetings, and may be convened by the President at any time.

Sec. 4. At all meetings of the Board, a majority of the Trustees Proceedings at shall constitute a quorum to do business; a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the Board previously, by ordinance, may have prescribed.

Sec. 5. The Board of Trustees shall judge of the qualification, Powers of elections, and returns of their own members, and determine contested election of

members, etc. elections of all town officers. They may establish rules for their own proceedings, punish any member, or other person, for disorderly behavior in their presence, and with the concurrence of four of the Trustees, expel any member, but not a second time for the same cause; they shall keep a journal of their proceedings, and at the To keep a journal. desire of any member, shall cause the yeas and nays to be taken on any question and entered on the journals; and their proceedings shall be public.

Sec. 6. The Board of Trustees shall have power to make such Trustees may by-laws and ordinances, not inconsistent with the constitution and by-laws and

ordinances, and laws of the United States, and of this state, as they shall deem necessary; to prevent and remove nuisances; to prohibit disorderly conduct; to provide for licensing public shows and lawful games; to regulate and establish markets; to construct and keep in repair wharves; construct pumps, aqueducts, reservoirs, or other works necessary for duly supplying the town with water; to keep in repair public wells; to lay out, alter, keep open, and repair the streets and alleys of the town; to provide such means as they may deem neces

fines.

To elect a Trea

sary to protect the town from injuries by fire; to levy and collect annually a tax on all property in the town, not exceeding fifty cents on every

hundred dollars, of the assessment valuation thereof, and to pass such other by-laws and ordinances for the regulation and police

of such town, as they shall deem necessary. Impose fines. Sec. 7. The Board of Trustees may impose fines for the breach of their ordinances, but no fine shall be inflicted on any one person,

for any one breach of any ordinance, of more than one hundred dollars, which fine may be recovered before any Justice of the Peace by suit in the name of the inhabitants of the town of (naming it), and collected by execution, or in such other manner as fines imposed by the laws of this state are collected; and persons living in the town shall

be competent jurors and witnesses, if in other respects competent and Application of

qualified. All fines collected in pursuance of this act, shall, by the officer collecting the same, be paid over to the treasury of the corporation; and for any omission so to do, such officer may be proceeded against upon his bond, in the name of the corporation, in the manner authorized by law, in the case of the failure of such officer to pay over money collected.

Sec. 8. There shall be chosen, in every town incorporated under surer, Assessor,

this act, a Treasurer, Assessor, and a Marshal, who shall also be the collector of all the taxes levied by the Board of Trustees. The mode of election and term of office shall be the same as is prescribed in the second section of this act, in regard to the office of Trustee.

Sec. 9. The Board of Trustees shall have power to establish such

other offices as they may deem necessary, to be filled in such manner Other offices

as they may designate, and subject to the provisions of this act. To fix duties and They shall prescribe the duties and fix the compensation of all town

.

officers. Qualification of Sec. 10. Any person shall be qualified to hold any town office, or candidates, and proceedings at vote for any town officer, who shall be a qualified elector under the

constitution and laws of this state, and who shall have resided in the
town thirty days next before the election. At the first election, if
ordered by the County Court, said court shall appoint three judges to
hold and conduct the same. If by the Governor, the judges shall be
chosen by the electors present. All subsequent elections shall be
conducted by three judges, appointed by the Board of Trustees. In
case of a vacancy

of
any

town office, the Board of Trustees shall order an election to fill the same; and shall give previous public notice thereof, for a period not less than five nor more than ten days. The like notice shall be given in all cases of elections of town officers ex

and Marshal.

may be created.

first election.

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