Power to sell. George H. Howard, executrix and executors of the last will and testament of William D. M. Howard, late a resident of the city of San Francisco, deceased, be, and they and any and each of them hereby are authorized and empowered to sell such portion or portions of the real estate of which the said William D. M. Howard died seized or possessed in the State of California, and any right, title or interest in such real estate belonging to the said decedent in his life time, as may be sufficient to pay the debts outstanding Am'nt to be sold. against the estate of the said testator, the legacies provided for in his will, the allowance to his family, and the expenses of administration, at such time or times, on such terms and in such manner, whether at public or private sale, as shall be most advantageous to the said estate. Provided, That when any sale is made under and by virtue of the authority given by this Act, at least one-third of the purchase money shall be paid at the time of such sale, and the balance upon such credit as the said executrix and executors may deem expedient to give, not exceeding one year, and the purchaser or purchasers shall secure the purchase money remaining unpaid by note and mortgage on the property sold, bearing interest at the rate of at least one per cent. per month. Terms, &c. Report of sales Sale confirmed. SEC. 2. The said executrix and executors shall make a full reto Probate Court port of any and all such sale or sales as shall be made by them, or any or either of them, respectively, to the Probate Court of the county of San Francisco, and the Judge of the said Court shall examine the same, and confirm or set aside the said sale or sales as in other cases of sales of real estate by executors or administrators. SEC. 3. The said executrix and executors, and any and each of them are hereby authorized, upon the confirmation of any such sale or sales as herein before provided, and the compliance on the part of the purchaser or purchasers with the terms of such sale or sales as set forth in section first of this Act, to execute, acknowledge and deliver to the said purchaser or purchasers a legal conveyance of the premises sold, which shall be as valid and binding as if the same had been made by the said William D. M. Howard in his life time. Deed given to purchaser. CHAPTER CXIII. AN ACT To authorize the Board of Supervisors of Los Angeles County, to levy an additional Tax, to pay for a Court House in said county, and for other county purposes. [Approved March 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Los Tax. CHAPTER CXIV. AN ACT To provide for the collection of Delinquent Taxes, and to legalize the assessment, in the County of Calaveras. [Approved March 30, 1857.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The assessment roll of said county, for the fiscal Assessment legalized. years eighteen hundred and fifty-five, and eighteen hundred and fifty-six, and the rates of taxation therein levied, as returned by the County Assessor, and imposed by the Court of Sessions and Board of Supervisors of said county of Calaveras, are hereby ratified, confirmed, and legalized, it being expressly provided hereby, that said assessment roll, to all intents and purposes, be recognized by all Courts of Justice, and any of them, as conclusive evidence of the facts therein contained, and of the regularity and validity of the return thereof, by the Assessor, and the rates of assessment therein mentioned, imposed as aforesaid. SEC. 2. The Sheriff of said county, is hereby authorized and Property of delinquents sold. required, to seize, levy on, and sell the property of all delinquent tax payers, of the assessment of eighteen hundred and fifty-five, and eighteen hundred and fifty-six, in like manner as under execution. 1 Taxes, paid into treasury Sheriff. Time extended. Consent of sureties. SEC. 3. On the first day of each month, the Sheriff shall pay to the County Treasurer, all delinquent taxes collected during the preceding month; and on the second Monday in May, one thousand eight hundred and fifty-seven, the said Sheriff, shall make a complete return to the Board of Supervisors, of all delinquent taxes received, and if any portion remain unpaid, a statement of the cause why such taxes remain unpaid, and thereupon, the Board of Supervisors shall make such order as they may deem advisable in the premises. SEC. 4. For the purposes of this Act, the time of collecting taxes in said county of Calaveras, is hereby extended to the second Monday in May, eighteen hundred and fifty-seven. Provided, That before the extension of time herein granted, shall take effect, the said Sheriff shall file with the Clerk of the Board of Supervisors of said county, the written consent of his sureties, to the said extension, or in default thereof, shall execute his bond for the faithful discharge of his duties, under this Act, in the sum of ten thou sand dollars, approved and secured according to law. Levy tax. Advertise for plans, &c., for Jail. Notice. Proposals for building. CHAPTER CXV. AN ACT To provide for the Erection of a Jail in the County of San Ber nardino. [Approved March 30, 1857.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The Board of Supervisors of the County of San Bernardino are hereby authorized and required, after the passage of this Act, to levy a special tax, upon the taxable property in the county, not exceeding one-half of one per cent. on the valuation, and all money collected under this Act shall be set apart and held as a "Special Jail Fund," to be used only as herein provided. SEC. 2. Said Board may advertise for, and receive plans, specifications and estimates for constructing a County Jail, and shall adopt such plans and specifications as may be deemed best for the county, reference being had to the probable expenses; and after adopting the plan and specifications, said Board shall give notice by posting, in at least three public places in the county, for at least twenty days, that sealed proposals will be received at a place to be specified, for building a County Jail, according to the plan and specifications adopted. SEC. 3. After twenty days' notice, and at the time and place to whom awarded. be specified in the notice, said Board shall open all bids and proposals for building and completing the County Jail, according to the plans and specifications, and within such reasonable time as may be fixed by said Board: and the contract shall be awarded Contract, to to the lowest responsible bidder, who will give sufficient security for the prompt and faithful performance of the contract; but such Board shall not accept any bid or proposal, which, in their judg ment, is higher than a fair and just compensation for the performance of the contract. SEC. 4. All payments for notices and advertisements made Payments made necessary by this Act, and for constructing and furnishing said from Jail Fund. Jail, shall be made, by warrants drawn on the "Special Jail Fund," and said warrants shall be paid in the order of their pre sentation to the County Treasurer; but no payment shall be made Not allowed. out of that fund for salary, allowance or compensation to any officer, or to any person as agent, or overseer, architect, or superintendent, or for any purpose other than that specified in this Act. lowed before SEC. 5. Warrants for seventy per cent. of the estimated value Per-centage alof the work done on said Jail, may be drawn as the Jail pro- completion of the gresses; at least thirty per cent. of the whole amount to be paid, work. being reserved until the completion of the Jail, as additional secu- Amount reserv'd rity for the performance of the contract. cease. SEC. 6. This Act shall cease to be of effect, when said Jail shall Effect of Act to be completed, furnished and paid for; and should any surplus Surplus. money then remain in said Special Fund, it shall be turned over to the General Fund of the county. Sheriff. SEC. 7. The special tax authorized by this Act, shall be collected at the same time, and in the same manner, as the ordinary State and County taxes. The Sheriff shall receive five per cent. Compensation of on all moneys by him collected and paid over to the County Treasurer, under the provisions of this Act; and the County Treasurer Of Treasurer. shall receive two per cent. on the amount of moneys by him disbursed, under the provisions of this Act. CHAPTER CXVI. AN ACT To separate the office of County Recorder from the office of County [Approved March 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. From and after the next general election, the office County Recorder of County Recorder in the county of Butte, shall be separate from the office of County Clerk. When elected. Term of office Clerk to deliver papers, &c. Duties and liabilities of Recorder. Repeal. SEC. 2. At the next general election, and at the general election of every succeeding two years thereafter, there shall be elected in said county, a County Recorder, who shall enter upon the discharge of the duties of his office on the first Monday in the month next succeeding such election, and shall hold such office for the term of two years, and until his successor is elected and qualified. SEC. 3. Upon the qualification of said Recorder to perform the duties of his office, it shall be the duty of the County Clerk of said county to deliver to him on demand, all papers, books, furniture and other property properly belonging to the office of County Recorder. SEC. 4. All duties and liabilities heretofore imposed upon the Clerk of said county as Recorder, shall attach to the office hereby created, and the County Recorder elected under the provisions of this Act shall give such bond or bonds as now by law are required to be given by the County Clerk as Recorder, to be approved in the same manner. SEC. 5. All Acts or parts of Acts inconsistent with the provis ions of this Act are hereby repealed. Court abolished. Clerk to deposit records, &c. with Court. CHAPTER CXVII. AN ACT To abolish the Superior Court of the City of San Francisco, and to provide for the Transfer of its Records, Books, Papers, Actions, and other matters therein, and for the preservation of the Rights and Interests of Parties. [Approved March 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. The Superior Court of the city of San Francisco, be, and the same is hereby abolished, and all the functions of the Judge and Clerk thereof shall cease and determine, except as herein otherwise provided. SEC. 2. The Clerk of said Superior Court, is hereby directed to Clerk of District deposit all records and books of said Court, and all papers, documents, undertakings, property, bonds, and other securities, relating to any business, orders, suits, judgments, decrees, or legal proceedings in said Superior Court, together with the seal thereof, with the Clerk of the District Court of the Fourth Judicial District of the State of California, and said Clerk of said District Court, shall |