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How expended. shall be expended from time to time under the orders and direction of the Board of Trustees of said city, for the repair and improvement of the streets, sewers and drains of said city.

Time for collection.

Proviso.

SEC. 3. The said Board of Trustees of the City of Sonora, may use their own discretion as to the time designated for the collection of said Street Fund, as named in sections one and two of this Act. Provided, The first assessment and collection shall be made at any time prior to the first day of May, 1857, annually thereafter.

and

County Judge of
Napa-salary.

Of Yolo.

Of Humboldt.

CHAPTER XXI.

AN ACT

To fix the Compensation of the County Judge of Napa County, the County Judge of Yolo County, and the County Judge and District Attorney of the County of Humboldt, the County Judge of Solano County, and the District Attorney of Solano County.

[Approved February 7, 1857.]

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

SECTION 1. That the County Judge of Napa County shall receive for his services, annually, the sum of one thousand dollars; and the County Judge of Yolo County, for his services, annually, the sum of one thousand five hundred dollars; and the County Judge of Humboldt County, for his services, annually, nine hundred Dist. Attorney's dollars; and the District Attorney for the County of Humboldt, shall receive for his services, annually, the sum of five hundred Judge of Solano. dollars; the County Judge of Solano County, annually, the sum of Dist. Attorney. One thousand five hundred dollars; and the District Attorney of Solano County, annually, the sum of one thousand dollars. Provided, This section shall not affect the salaries of the present incumbents.

salary.

Proviso.

CHAPTER XXII.

AN ACT

Amendatory of and supplementary to an Act entitled "An Act to authorize the Board of Supervisors of Placer County to levy a Special Tax," approved March 11, 1856.

[Approved February 7, 1857.]

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

SECTION 1. Section second of said Act is hereby amended so as Special fund to read as follows: Section two. The tax provided for in the first section of this Act, together with one-half of all moneys received into the County Treasury for county purposes, from sale of Foreign Miners' Licenses, shall be set aside, and kept as a special fund, to be called a "Redemption Fund;" and shall be held and disbursed as is hereinafter provided.

How named.

received.

SEC. 2. It shall be the duty of the County Treasurer to give Duty of Treas'r. thirty days' notice, by publication in some newspaper published at the county seat, that sealed proposals directed to him, for the sur- Proposals, when render of county warrants, will be received by him up to the last day of the session of each regular meeting of the Board of Supervisors.

Auditor, and

Bids accepted.

SEC. 3. On the last day of each regular meeting of the Board Supervisors, of Supervisors, they, together with the County Auditor and Treas- Treasurer open urer, shall attend at the office of the latter, and then and there proposals. open all proposals, and accept the lowest bids for the surrender of County warrants. Provided, That no bid for more than the par Proviso. value of said warrants, or any bid, unless accompanied by the warrants proposed to be surrendered, shall be accepted.

Treasurer take

order purchase.

SEC. 4. When any bids are accepted, the County Auditor and Auditor and County Treasurer shall each take a description of the number and description of amount of warrants to be redeemed, specifying the amount to be warrants. Specify amount paid for each warrant, and make a several record thereof in their Make record. respective offices; and thereupon the Board of Supervisors shall Supervisors make an order directing the County Treasurer to purchase the warrants designated in the accepted bids, and pay for the same out of the Redemption Fund, and the warrants so redeemed shall be cancelled as other redeemed county warrants, except that the County Cancelled Treasurer shall write on the face of said warrants "purchased," and the amount paid for the same, and shall sign his name thereto. The order of the Board of Supervisors directing the County Treasurer to purchase said warrants, together with the record made by the County Auditor, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids being equal, the preference shall be given to the smallest amount of warrants; Preference. the bids and amounts of warrants being equal, each shall be accepted "pro rata," or as nearly so as possible. The County Treas.

Vouchers.

returned.

Unaccepted bids urer shall return all unaccepted bids, together with the warrants therein contained, to the owners on demand.

Separate acc't.

SEC. 5. The County Treasurer shall keep a separate account under the head of "Redemption Fund," of all moneys received from the sources specified in the first and second sections of this Act; and the said moneys shall never be used or mixed with other funds.

Manner of

into State

Treasury.

CHAPTER XXIII.

AN ACT

Concerning the Receipts and Expenditures of the State.
[Approved February 7, 1857.]

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

SECTION 1. All moneys, and all evidences of indebtedness allowpaying moneys ed by law, to be by any person paid for any purpose into the State Treasury, shall be so paid upon the order of the State Controller, as provided in section seventh of "An Act prescribing the mode of receiving, keeping, and paying out the Public Funds," passed January 31, 1850.

Service and time

specified by

Controller's

SEC. 2.

or

All warrants drawh by the Controller upon the Treas of service to be ury, must distinctly specify the service or liability for the payment of which they are drawn, and when such service was performed, such liability accrued; and no warrant shall be drawn on the Treasury, except there be an unexhausted specific appropriation by law to meet the same.

Warrants.

Specific appropriation.

Annual statem't of manner of spending contingent funds.

SEC. 3. All officers or others, to whom contingent expenses are allowed, shall annually, in the month of January, make a statement in writing to the Legislature, verified under oath, of the manner in which the various contingent funds allowed them have been expended during the year ending December 31, next preceding, speItems specified. cifying the items; and all officers, as above named, going out of office previous to the said time of making said statement, shall make the same up to the time of their going out of office.

Unexpended

appropriations returned to

General Fund.

Moneys paid into Treas'ry in legal currency only.

SEC. 4. Whatever surplus of any appropriation, or of any spe cific fund, which may have been created out of the General Fund, may remain unexpended for the purpose for which the said appropriation was made, or said specific fund was set apart as aforesaid, shall then be transferred and returned to the General Fund.

SEC. 5. All taxes upon real or personal estate, all poll or other taxes, and all licenses levied in whole or in part for the use and benefit of the State, shall be collected and be paid into the State Treasury exclusively, in the legal currency of the United States.

of Controller.

SEC 6. Between the first and fifteenth days of January in each Annual statem't year, the State Controller shall present in writing to the Legislature a specific statement of the warrants on the Treasury drawn by him during the year ending the thirty-first day of December preceding, showing the date of the warrant, the service or liability Describing for the payment of which the warrant is drawn, the time when warrants drawn such service was performed, or the liability accrued, out of what appropriation drawn, and its amount.

SEC. 7. In all cases when it becomes the duty of the State Treasurer to pay or provide for the payment of money at a place other than at the Treasurer's office, he shall not take any money from the Treasury, nor transfer the same, nor make arrangements Time specified or contracts for the purpose of making such payment, until within two months next preceding the time when the payment is required other than office to be made.

for payment of money at place

of Treasurer.

other Acts.

All provisions of law hereafter made concerning the State finances or Treasury, shall be construed to be subject to the To be applied to provisions of this Act, and to be controlled thereby, unless there be a special provision declaring this Act inapplicable thereto. SEC. 9. A wilful violation of, or a wilful neglect to comply with Misdemeanor. the provisions of this Act, shall be a misdemeanor in office, and the offender shall also be subject to impeachment.

Penalty.

CHAPTER XXIV.

AN ACT

To amend the Sixty-Seventh Section of an Act entitled "An Act to regulate Proceedings in Criminal Cases," passed May 1, 1851.

[Approved February 10, 1857.]

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

SECTION 1. Section sixty-seven of an Act to regulate Proceeding in Criminal Cases, passed May 1, 1851, is hereby amended so as to read as follows:

Section sixty-seven. Whenever articles of impeachment against Impeachment. any officer subject to impeachment shall be presented to the Presi

dent of the Senate, such officer shall be temporarily suspended from Temporary his office, and shall not act in his official capacity until duly acquit- suspension.

ted. Upon such suspension of any officer other than the Governor,

the Governor shall immediately take charge of his office, and such Gover'r appoint. office shall at once be temporarily filled by appointment by the Governor, by and with the advice and consent of the Senate, until

3

the acquittal of the party impeached; or in case of his removal, then until the vacancy be filled at the next general election, as required by law.

CHAPTER XXV.

AN ACT

For the relief of Richard Cole.

[Approved February 11, 1857.]

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

SECTION 1. The sum of two hundred and ten dollars is hereby Appropriation. appropriated out of any moneys in the State Treasury not otherwise appropriated, for the purpose of paying Richard Cole for ser vices rendered in translating certain laws into the Chinese language.

Nature of service. Controller draw warrants.

SEC. 2. The Controller of State is hereby authorized and directed to draw his warrant on the State Treasury in favor of said Richard Cole, for the sum of two hundred and ten dollars; and the Treasurer pay. State Treasurer is hereby authorized and directed to pay the same out of any moneys in the State Treasury not otherwise appropriated.

Auditor pay

CHAPTER XXVI.

AN ACT

Concerning the Salary of the County Judge of the County of San
Francisco.

[Approved February 11, 1857.]

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

SECTION 1. The Auditor of the City and County of San Fransalary of Judge. cisco is hereby authorized to pay to the County Judge of said

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