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Measurers to

when required.

required by the buyer or seller of any of the articles aforesaid, pro- speet lumber ceed at the time of said requisition to measure the same in the manner prescribed by this act: Provided, neither said measurer nor any of his deputies shall demand, or be entitled to, any of the fees or lumber not to compensation aforesaid, unless for measurement according to the provisions hereof, at the request of the buyer or seller as aforesaid.

Measurement of

be made unless

requested by

the buyer or seller.

a Books and

accounts to be

kept, and to be

open at all times

SEC. 13. Every measurer as aforesaid shall keep true accounts, in book or books, in a plain intelligible manner, of all the lumber by him or his deputies measured, and of the quantity thereof, and such for inspection. accounts shall be opened at all seasonable hours for examination, if required by any person interested.

refusal to furnish

SEC. 14. If any measurer as aforesaid shall refuse or neglect to Penalty for record his proceedings as aforesaid, or shall refuse or neglect to give copies. a certified extract of such part thereof as any person having an interest therein shall require, such person having paid or tendered to him an amount at the rate of fifty cents for every hundred words that may be contained in such certificate, he shall, for every such neglect or refusal forfeit and pay to the party aggrieved, a sum not exceeding fifty dollars.

fraudulent

SEC. 15. If any such measurer shall be convicted of making a frau- Penalty for dulent entry in his books aforesaid, he shall be fined the sum of one entries. thousand dollars, and be imprisoned not less than six months in the county jail.

counterfeiting

of measurers.

SEC. 16. Every person who shall counterfeit, forge, or fraudu- Penalty for lently impress, or make the brand mark of any number or other mark brands or marks of any such measurer, upon any article subject to measurement, or shall counterfeit the stamp of any measurer, or shall fraudulently alter, deface, conceal or erase, any measurer's mark, duly made, shall for every such offence be deemed guilty of a misdemeanor, and be punishable by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, at the discretion of the court having jurisdiction of the offence.

charging

SEC. 17. If any person whose fees are fixed by this act shall take, Penalty for under any pretence whatever, any other or greater fees for services unlawful fees performed in pursuance of this act, than are hereby allowed, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of one hundred dollars, one-half for the use of the state insane asylum, and the other half for the use of the person injured.

SEC. 18. All offences which are committed against any of the pro- Offences for visions of this act, unless it be otherwise especially provided, may be prosecuted in the name of the state in any court of record in the courts

violation of the
act may
be
prosecuted in

any court of
record.
Mode of
proceedings.
Appropriation
of fines.

[county] where the same may have been committed, at the instance of any person who shall sue therefor, in the same manner as debts of like amount are recoverable, with costs of suit, and one moiety there of shall be paid to the person suing and recovering the same, and the residue shall be paid into the treasury of the state insane asylum for the use of that institution.

Publications, etc., under the

act.

CHAPTER CXCII.

AN ACT to provide for the better Publication of Official and Legal
Notices.-[Passed May 3, 1853.]

The People of the State of California, represented in Senate and As-
sembly, do enact as follows:

SECTION 1. All publications, advertisements, or notices relating to the estates of deceased persons; to the formation, change or dissolution of partnerships; to assignments in bankruptcy; all publications, advertisements, or notices, made or required by or on behalf of any corporate or county authorities or officers, or the officers of any city or county in this state, or any of them in their official capacity; and all such notices or advertisements as may be required in the course of any civil action or legal proceedings, which now is, or hereafter may be, required by law, (except notices of sheriffs' and constables' sales in Shall be inserted counties where no newspaper is printed,) shall be published in the papers as provid- manner hereinafter provided, or the same shall be of no legal

in such news

ed in this act.

For counties of
San Francisco,

effect:

1st. For the city and county of San Francisco, and the counties of Monterey, Contra Monterey, Alameda, and Contra Costa, all such notices or advertisements shall be published in the newspaper known as the “Placer Times and Transcript," now printed in the county of San Francisco.

Costa and
Alameda.

In the Placer
Times and
Transcript"
Counties of
Sacramento,
Colusi, Sutter
and Solano.
In the
"Democratic
State Journal "

Counties of Yuba
and Butte, in
"California
Express."

County of Sierra,

in the "Downieville Echo "

2d. For the city and county of Sacramento, and the counties of Colusi, Sutter, and Solano, all such notices or advertisements shall be published in the newspaper known as the "Democratic State Journal," now printed in the county of Sacramento.

3d. For the city of Marysville, and the counties of Yuba and Butte, all such notices or advertisements shall be published in the newspaper known as the "California Express," now printed in the county of Yuba.

4th. For the county of Sierra, all such notices or advertisements shall be published in the newspaper known as the "Downieville Echo," now printed in the county of Sierra.

Shasta, Klamath,

you, in "Shasta

5th. For the counties of Shasta, Klamath, Trinity, and Siskiyou, Counties of all such notices or advertisements shall be published in the newspaper Trinity and Siskiknown as the "Shasta Courier," now printed in the county of Shasta. Courier." 6th. For the county of Nevada, all such notices or advertisements County of shall be published in the newspaper known as the "Nevada Journal," vada Journal." now printed in the county of Nevada.

Nevada, in "Ne

in "Placer

7th. For the county of Placer, all such notices or advertisements County of Placer, shall be published in the newspaper known as the "Placer Herald," Herald." now printed in the county of Placer.

El Dorado, in

8th. For the county of El Dorado, all such notices or advertise- County of ments shall be published in the newspaper known as the "Miners' "Miner's AdvoAdvocate," now printed in the county of El Dorado.

cate."

Marin, Mendocino, Napa and

9th. For the counties of Marin, Mendocino, Napa and Sonoma, all Counties of such notices or advertisements shall be published in the newspaper inoma, in known as the "Sonoma Bulletin," now printed in the county of Sonoma, Sonoma.

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Bulletin."

San Joaquin,
Tulare, in

10th. For the city of Stockton, and the counties of San Joaquin, Counties of Mariposa, and Tulare, all such notices or advertisements shall be pub- Mariposa and lished in the newspaper known as the "San Joaquin Republican," "San Joaquin now printed in the county of San Joaquin.

Republican."

Tuolumne, in

Gazette," or

Herald."

Diego and San

"San Diego

11th. For the county of Tuolumne, all such notices or advertise- County of ments shall be published in the newspaper known as the "Columbia "Columbia Gazette," or "Sonora Herald," now printed in the county of Tuo- "Sonora lumne. 12th. For the counties of San Diego, San Bernardino, all such Counties of San notices or advertisements shall be published in the newspaper known Bernardino, in as the "San Diego Herald," now printed in the county of San Diego. Herald." 13th. For the counties of Los Angeles, Santa Barbara, and San Counties of Los Angeles, Santa Luis Obispo, all such notices or advertisements shall be published in Barbara and San the newspaper known as the "Los Angeles Star," now printed in the "Los Angeles county of Los Angeles. 14th. For counties of Santa Clara and Santa Cruz, all such notices Counties of Santa or advertisements shall be published in the newspaper known as the "Santa Clara Register," now printed in the county of Santa Clara. 15th. For the county of Calaveras, ail such notices or advertise- County of ments shall be published in the newspaper known as the "Calaveras "Calaveras Chronicle," now printed in the county of Calaveras.

Luis Obispo, in

Star."

Clara and Santa

Cruz, in "Santa
Clara Register."

Calaveras, in

Chronicle."

in "Californian."

16th. For the county of Yolo, all such notices or advertisements County of Yolo, shall be published in the newspaper known as the "Californian," now published in the county of Sacramento.

SEC. 2. The fees charged for publishing notices or advertisements, Fees of under this act, shall not exceed two dollars for each square of two

advertising.

Affidavit of publisher.

May be filed

hundred and eighty ems for the first insertion, and one dollar per square for each succeeding insertion.

SEC. 3. The affidavit in writing of the publisher or of the publish er's foreman or clerk, of any one of the newspapers in this act speci fied, annexed to a printed copy of any notice or advertisement taken from the newspaper in which it was printed, specifying the number of times, the date of the first and last insertion, and the name of the paper in which the same was published, may be filed at any time within one year from the date of the last insertion of such notice or advertisement with the county clerk of the county for which such notice or advertisement is published. And the original affidavits thus of the facts con- filed, or copies thereof, certified by the officer having custody of the same, shall be entitled to be read in evidence before any court of jus tice in this state, and in all proceedings before any board, body, or officer, in which it shall be necessary to refer thereto, and shall be prima facie evidence of the facts therein stated.

within one year with county

clerk.

Made evidence

tained therein.

Explanation of terms "Notices,"

"Advertisements."

SEC. 4. The terms "notices," "publications," and “advertise"Publications," ments," as used in this act, shall be held to include all publications, whether in newspaper or otherwise, made under or by virtue of any law or statute of this state now existing, or which may hereafter be enacted, or by order of any court or officer of law; and in the cities in the county in which the newspapers in this act mentioned are published respectively, all publications required or ordered by or on be half of any municipal corporation or officer under or by virtue of the laws incorporating said cities or otherwise.

In case of discontinuance

of any of the newspapers

by this act,

publications to be made in other papers.

SEC. 5. Should any of the newspapers mentioned in this act cease to be published, then the publication herein required to be made in declared official said paper may be made or continued in any other newspaper published in the same county; or if there be none in the same county, then in the nearest newspaper; such other newspaper to be designated by the judge of district court of the county in which such publication was commenced: Provided, that should any newspaper be hereafter papers hereafter permanently established and published in any county for ninety days, in which no paper is at present published, such paper shall be the legal paper for the county for the publication of such notices as are contemplated by this act.

Publications to be made in

established.

Commencement

of this act.

Copies of papers

SEC. 6. This act shall take effect within thirty days after its pas

sage.

SEC. 7. In consideration of the publication of the notices and adunder the act, to vertisements heretofore named, the publisher of each and every news

declared official

be forwarded to

secretary of state paper mentioned in this act is required to send to the office of the secretary of state, and to the county clerk of every county in this

and county

clerks.

by them.

state, two copies of each of their issue, free of charge; and the secre- To be preserved tary of state, and the county clerks, are required to keep and preserve the same, open to public inspection.

CHAPTER CXCIII.

AN ACT in relation to Personal Mortgages in certain cases.―[Passed
May 11, 1853.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

mortgages to

effect as

mortgages upon

real estate.

SECTION 1. A mortgage for a good and valuable consideration upon Certain personal possessory claims to public lands, all buildings and improvements have the same upon such lands, all quartz claims, and all other such personal property as shall be fixed in its structure to the soil, acknowledged in manner and form as mortgages upon real estate are required by law to be acknowledged and recorded in the office of the recorder of the county in which the property is situated, shall have the same effect against third persons as mortgages upon real property.

SEC. 2. The seventeenth section of an act entitled "An act con- Section of former act repealed. cerning fraudulent conveyances and contracts," passed April nineteenth, one thousand eight hundred and fifty, in so far as the same conflicts with the provisions of this act, is hereby repealed. (1)

CHAPTER CXCIV.

AN ACT providing for the erection of a State Prison and declaring
null and void the existing State Prison Contract.-[Passed May
11, 1853.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

commissioners.

SECTION. 1. The lieutenant governor, secretary of state, and trea- Board of surer of state, are hereby constituted a board of commissioners, whose To enter into a duty it shall be to enter into a contract for the erection of a state erection of a prison.

contract for

prison.

commissioners.

SEC. 2. The necessary expenses of the commissioners, incurred in Expenses of the discharge of their duty, shall be paid out of the general fund : Provided, the amount paid to each commissioner shall not exceed the Amount. sum of five hundred dollars per annum.

(1) See ante, p. 201, Sec. 17.

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