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Mode of proceed- trate of this state, and directed to any Sheriff or Constable of this
state, and when seized or arrested, to take him or her before any Judge or Justice of this state, or before any Magistrate of a county, city, or town corporate, and upon proof to the satisfaction of such Judge or Magistrate, either by oral testimony or affidavit, taken before and certified by any Judge or Magistrate in this state, or of any other state or territory, that the person so seized or arrested doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such Judge or Magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor, to the state or territory from which he or she fled, and for using such force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the state or territory whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence, and the certificate hereinbefore mentioned shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the state or territory from which he escaped, and shall prevent all molestation of such person or persons, by any process issued by any Court, Judge, Justice, or Magistrate, or other person whomsoever.
SEC. 2. Any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such fugitive from service or labor, either with or without process as aforesaid, or shall rescue or attempt to rescue such fugitive from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist such fugitive, directly or indirectly to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid, or shall harbor or conceal such fugitive so as to prevent the discovery and arrest of such fugitive, shall, for either of said offences, be subject to a fine of not less than five hundred dollars, and imprisonment not less than two months, by indictment and conviction before any Court of Sessions of this state, or before any court having criminal jurisdiction within this state, and shall moreover forfeit and pay by, way of civil damages to the claimant of said fugitive, the sum of one thousand dollars, for each and either of said offences, to be recovered by action in any District Court of this state.
Penalties for ob structing a claimant in the recovery of his property.
and penalties for
SEC. 3. (1) It shall be the duty of all Sheriffs, Deputy Sheriffs, and Duties of officers Constables to obey and execute all warrants and precepts issued under neglect of duty. the provisions of this act, when to them directed, and should any Sheriff, Deputy Sheriff, or Constable refuse to receive such warrant or other process when tendered, or to use all proper means, diligently to execute the same, he shall on conviction thereof, by indictment, be fined in the sum of not less than five hundred dollars and not more than two thousand dollars, to the use of the county in which conviction is had, and remove from office, and shall be liable to the claimant in such damages as the claimant shall sustain by reason of said misconduct, and after the arrest of such fugitive by such Sheriff, or his Deputy, or Constable, or whilst at any time within his custody, should such fugitive escape by the assent, neglect, or contrivance of such officer, such officer shall be liable, on his official bond to such claimant, for the full value of said fugitive in the state or territory from whence he or she came.
SEC. 4. (2) Any person or persons held to labor or service, in any Fugitives under state or territory of the United States, by the laws of such state or territory, and who were brought or introduced within the limits of this state, previous to the admission of this state, as one of the United States of America, and who shall refuse to return to the state or territory where he, she, or they owed such labor or service, upon the demand of the person or persons, his or their agent or attorney, to whom such labor or service was due, such person or persons so refusing to return, shall be held and deemed fugitives from labor, within the meaning of this act; and all the remedies, right and provisions herein given to claimants of fugitives who escape from any other state into this state, are hereby given and conferred upon claimants of fugitives from labor, within the meaning of this section: Pro- Proviso. vided, the provisions of this section shall have force and effect, until the fifteenth day of April, one thousand eight hundred and fifty-four, but not beyond that period.
allowed to hold
SEC. 5. Nothing contained in this act shall be so construed as to Claimants not allow the claimant of any slave to hold such slave in servitude in slaves in servithis state after his reclamation under the provisions of this act, except state. for the purpose of removing such slave from the State.
tude in this
(1) See Stat. 1851, page 190.
(2) Amendment inserted from Stat. 1853, page 94.
setting up a lottery.
Penalty for selling lottery tickets.
Prizes forfeited to state.
When act to ake effect.
AN ACT to prohibit Lotteries.-[Passed March 11, 1851.]
The People of the State of California, represented in Senate and
SECTION 1. All lotteries are hereby prohibited in this state.
SEC. 2. Any person who shall set up or promote any lottery, for money or property of real value, real or personal, and any person who shall aid, either by printing or writing, or shall in any way be concerned in the setting up, managing, or drawing of any such lottery, or who shall in any building, owned or occupied by him, or under his control, knowingly permit the setting up, managing, or drawing of any such lottery, shall be deemed guilty of a misdemeanor, and on conviction thereof, be punished by fine not less than five hundred dollars, nor more than five thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.
SEC. 3. Any person who shall sell, or offer for sale, or who shall have in his possessión, with intent to sell, or offer for sale, or to exchange or negotiate, or shall in any wise aid or assist in selling, negotiating, or disposing of any lottery ticket or tickets, or any share or part of any lottery ticket, or design, in the nature of a lottery ticket, within this state, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished in the same manner as is provided in the preceding section.
SEC. 4. All sums of money and other valuable things drawn as a prize, or share of a prize, in any lottery, or device in the nature of a lottery, by any person being a resident or inhabitant within this state, and all moneys or other valuable things, received by any such person by reason of his being the owner or holder of any ticket, or share of a ticket, in any such lottery or device, shall be forfeited to the use of the state, and may be recovered by information to be filed, or by an action to be brought by the Attorney General, or by any District Attorney, in the name and on behalf of the state.
SEC. 5. This act shall take effect from and after the first Monday of April, A. D. one thousand eight hundred and fifty-one.
AN ACT to create a Board of Supervisors for the County of San
The People of the State of California, represented in Senate and
SECTION 1. There shall be within and for the county of San Fran- Board of cisco a Board of Supervisors, to consist of the Mayor and Board of Aldermen of the city of San Francisco, and of three members to be elected by the rest of the county, in the manner hereinafter provided.
SEC. 2. The County Clerk for said county shall immediately divide Township. that portion of said county which is situated without the limits of the city of San Francisco into three townships, so that each township shall have, as near as may be, the same number of inhabitants. The electors of each township shall elect one Supervisor. The time Election of of their election and the term of their office shall be the same as that of the municipal officers of the city of San Francisco: Provided, that the first election shall be held on the second Monday of May, eighteen hundred and fifty-one.
SEC. 3. The Board of Supervisors shall meet at such place as they Meetings of may determine, on the first Monday of every second month, and Supervisors. oftener if they think proper, and their proceedings shall be public.
SEC. 4. They shall elect one of their number to act as Chairman, Chairman. who shall have power to administer oaths in all matters touching the business of said Board.
SEC. 5. They may appoint a Clerk, who shall receive a reasonable Clerk. compensation, to be fixed by the Board of Supervisors. He shall keep a record of their proceedings, and all resolutions and decisions concerning the raising or payment of moneys shall be entered on the journal. The vote of each member shall be recorded on every question.
SEC. 6. The books, records, and accounts of the Board shall be Books, etc. kept in the office of the County Clerk, and shall at all times be open to public inspection.
SEC. 7. The Board of Supervisors shall have power, with the con- Power of
sent of a majority of all its members, to make such orders concerning Supervisors.
corporate property of the county as they may deem expedient, and to sell or otherwise dispose of the same, appropriating the proceeds thereof to the use of the county; to audit the accounts of all
State and County
Limitation of power of Supervisors.
Owners of cattle to keep a mark,
officers having the management, collection, or disbursement of any moneys belonging to the county, to examine, settle, and allow all accounts chargeable against the county, and to raise such sum as may be necessary for paying the same; to establish townships and election districts, and to alter the same; and in that part of the county not included within the limits of the city of San Francisco, to have the management and control of public roads, ferries, and bridges, and to make all necessary orders concerning the same; to impose and enforce a road tax; to organize and support common schools by a school tax levied in each district where there are more than fifteen children between the ages of six and eighteen years; to levy and collect an annual tax not to exceed one half of one per cent. on the valuation of all property real and personal in the county, for the payment of the accrued debts of the county; to sue and defend on behalf of the county, and to perform all such acts as may be necessary to the discharge of the duties imposed upon them by law.
SEC. 8. Said Board of Supervisors shall, before the next general election, divide the county outside of the city limits into Election Districts, and shall appoint a Board of Judges of Election for each of said districts. They shall cause to be elected at the next general election, and annually afterwards, a Board of Judges of Election for each ward of the city and each district in the rest of the county.
SEC. 9. Within the city of San Francisco the Board of Supervisors shall cause the state and county taxes to be assessed upon the valuation made by the City Assessors, and they shall be a Board of Appeals for the equalization of state and county taxes.
SEC. 10. Each member of the Board of Supervisors shall be entitled to receive for his services for each day's necessary attendance on the business of the county, the sum of three dollars, and no member shall be interested in any contract for the county.
SEC. 11. The Board of Supervisors shall have no power to allow any account for rent or clerk hire for any justice or other county officer, unless expressly provided by law.
AN ACT concerning Marks and Brands.-[Passed May 1, 1851.]
SECTION 1. Every person being the owner of horses, mules, cattle, sheep, goats, or hogs, shall have and keep a mark, brand, and coun