Section six. It shall be the duty of the City Marshal to execute Duty of Marshal within the city, and return all processes issued and directed to him by the Recorder, Justice of the Peace, and all other legal authority within the city; to arrest all persons guilty of a "breach of the peace," or of a violation of any ordinance of the Common Council, and take them before the Recorder, or other legal authority within the city; to collect the taxes of the city, and all licenses, wharfage and landing dues, or other taxes or assessments; and pay all moneys received by him into the City Treasury, in pursuance of the ordinance of the Common Council; to supervise and control the City Police; to attend the sittings of the Common Council; to discharge the duties of Chief of Police; and perform such other duties while in attendance upon the sittings of the Council, as may be directed by them; and to perform such other duties as may be prescribed by any resolutions or ordinances of the Common Council, or by the laws of this State.

SEC. 7. Section eight of article four is amended so as to read as follows:

Recorder.

Section eight. The Recorder shall have jurisdiction over all Jurisdiction of violations of city ordinances, and may hold to bail, fine, or commit to prison, or the chain-gang, offenders, in accordance with the provisions of such ordinances; of all proceedings for the recovery of any penalty, fine or forfeiture, imposed by ordinance: provided, the amount thereof shall not exceed five hunded dollars; of all cases Proviso. of misdemeanor, or willful injury to property, committed within the city limits, punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding three months; and shall have final jurisdiction in all cases of petty larceny, and of assault and battery, not charged to have been committed on a public officer, or with intent to commit a felony; provided, in all such cases, the defendant shall have the right of trial by jury. He shall exercise the powers of a Justice of the Peace in regard to public offenses committed within the city limits, subject to all the rules governing Justices of the Peace in the aforesaid cases. He may issue all writs and processes, and administer all oaths necessary to the exercise of the jurisdiction hereby conferred. The place of holding said Recorder's Court Court, where shall be designated by ordinance. The Recorder shall receive for his services a salary of two thousand dollars per annum, payable quarterly; and all moneys collected by him for fines and fees shall be paid by him into the City Treasury, at the end of each week. The Marshal, or other peace officer, for making an arrest under a Fees of Marshal. warrant may receive two dollars, together with twenty cents for every mile necessarily traveled by him in rendering such service, and in taking the prisoner before a court or magistrate, or carrying him to prison. For serving a subpoena, fifty cents, with twenty cents for every mile necessarily traveled by him in making such

held.

service. Whenever the Marshal, or other peace officer mentioned Salary allowed. in this Act, receives a salary from said city, he shall account for

and pay over to the Treasurer of said city all fees collected by him under this Act for services as such peace officer.

SEC. 8. Section nine of article four is amended so as to read as follows:

Section nine. It shall be the duty of the City Treasurer to Duty of receive all moneys belonging to the city, to keep an account of all

Treasurer.

Compensation.

Other duties.

Duty of Assessor

receipts and expenditures, in such manner as the Common Council shall direct; and he shall, whenever required by resolution of the Common Council, present to them a full account of such receipts and expenditures for any period designated in the resolution. All moneys drawn from the City Treasury shall be drawn in purusance of an order of the Common Council, by warrant signed by the Clerk, and countersigned by the Mayor, or President of the Council; and such warrants shall specify for what purpose the amount designated therein is to be paid. The City Treasurer shall receive as compensation for his services one per cent. upon all sums of money actually received from the revenue of the city by him, except upon any amount or amounts that may be borrowed upon the faith and credit of the city. The City Treasurer shall discharge such other duties, without further compensation, as may be required by law, or any ordinance of the Common Council.

SEC. 9. Section eleven, of Article four, is amended so as to read as follows:

Section eleven. It shall be the duty of the City Assessor to prepare, before the first Monday in August, in each year, a list of all taxable property, real and personal, within the city, with a valuation thereof; and a list containing the names and occupation of all residents within the city, who are tax payers, and furnish the same to the Common Council; which list, subject to the approval and correction of the Common Council, shall be the assessment roll and basis of taxation for said city. It shall be the duty of said Assessor, after said first day of August, to prepare a supplementary list, and furnish the same in like manner, to said Council. Within ten days after the reception of said list, or said supplementary list, the Common Council shall hold one or more meetCouncil meet to ings, for the correction of any errors in the said assessments; of

correct errors. Notice.

Further duty and power of Assessor.

Salary.

Commencement of fiscal year,

which meetings notice shall be given in one of the newspapers published in said city, of at least five days; and no assessment roll shall be delivered to the Marshal, for collection of the taxes, until such meeting or meetings shall have been held. The Assessor, in making the assessment for said city, shall have authority to admin. ister an oath, or affirmation, to all persons owning or having property within said city, subject to taxation; and it shall be the duty of said Assessor to administer an oath, or affirmation, to every male inhabitant over the age of twenty-one years, residing within said city, and to every other person whom he shall have cause to believe to be the owner, or have possession, or control of any taxable property in said city, as to the amount, valuation, nature and character of the property owned, held and possessed by him, or her, or under their control. The Assessor of the city shall receive, for compensation for his services, the sum of one thousand dollars per annum.

SEC. 10. Section one of article five is amended so as to read as follows:

Section one. The fiscal year of the city shall commence on the first day of April, of each year. The lien of the city for taxes, for municipal purposes, shall attach on all real and personal property, on the first day of May, annually; and such lien, to the absolute exclusion of all other liens, shall continue until all such taxes thereon shall be paid.

SEC. 11. Section two of article five is amended so as to read as follows:

for taxes.

Section two. Every assessment and every levy of taxes, duly Persons liable made for any purpose, in conformity with the spirit and provision of this Act shall remain as a judgment and lien, and have the force and effect of an execution against the party and property liable for the same; and the Marshal is hereby empowered and required to seize and sell, at any time, except as provided in the following section. Whenever any assessment or tax, for any purpose, is due Unpaid taxes. and unpaid, any property on which the assessment or taxes shall not have been paid, may be sold therefor, by giving ten days notice in the official newspaper published within said city, designating the time and place of sale, and the name of the owner of such property, when known, and when not known stating such fact, as also a description of the property so seized, and where situated, which said notice shall also be posted in three public places in the ward in which the property is situated. If said property be real estate it shall be sold at the City Hall, between the hours of ten o'clock, A. M. and four o'clock, P. M., and if personal property, it shall be sold, between the same hours, in the ward where it was so seized. The purchaser or purchasers of all or any property sold for the payment of any assessment or tax levied under this Act, shall acquire and enjoy all the rights and privileges which are given by the laws of this State, to purchasers of real and personal property, under the Sheriff's sale for the payment of delinquent taxes, except as otherwise provided in this Act. The City Marshal shall have Powers and all powers in collecting any assessments and taxes, and in selling Marshal real or personal property, of defaulting or delinquent tax payers, as are now possessed by the Sheriff in collecting State and County taxes, and shall receive the same compensation as the Sheriff for similar services, except as otherwise provided by this Act.

SEC. 12. Section three of article five is amended so as to read as follows:

compensation of

when sold for

Section three. Real estate shall not be sold for the payment of Real estate, the general tax, levied under the provisions of sub-divisions two, general taxes. three and four, of section seven of article three of this Act, before the third Monday of October, in each year.

Council.

SEC. 13. The Common Council shall have power, within the Powers of city, to provide for the draining, grading, paving, improvement, repairs and lighting of the streets, and the construction of sidewalks, drains and sewers, and keeping the same in repair; and the repairing of drains and sewers, and the prevention and removal of obstructions on the sidewalks, and on all streets and public grounds of the city, at the charge of the city; and also to provide for the owners of the land on both sides of any street, alley or public grounds in said city, keeping in good condition and repair, at their own charge and expense, all sidewalks now constructed, or hereafter to be constructed, in such manner as the Common Council may direct, and to provide for enforcing such repairs. And the Common Council shall have power to regulate the landing and stationing of steamers, vessels, and boats; and to fix and collect a revenue tax, landing or mooring license, or dues, for the landing and mooring of such steamers, vessels and boats within the city

Salary of Chief
Engineer.

Yuba river, how far navigable.

limits, whether on private or public property. Subdivisions six and eight of section seven of article three are hereby repealed.

SEC. 14. The salary of the Chief Engineer of the Fire Department shall not exceed the sum of six hundred dollars per annum. SEC. 15. So much of the Yuba River as lies between its mouth and a point at the west end of the public plaza in the city of Marysville, is hereby made and declared navigable. So much of section one of an Act entitled "An Act declaring certain rivers and creeks navigable," passed February eighteenth, eighteen hundred and fifty-one, as conflicts with this section, is hereby repealed.

Sum set apart.

Board of
Examiners.

in Siskiyou in 1855.

For 1856.

CHAPTER CCXXVII.

AN ACT

Authorizing the Treasurer of State to issue Bonds for the Payment of Expenses incurred in the Suppression of Indian Hostilities in certain Counties in this State.

[Approved April 25, 1857.]

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

"War

SECTION 1. A sum not exceeding four hundred and ten thousand dollars is hereby appropriated and set apart as a Fund," payable out of any moneys which may be appropriated by Congress to this State, to defray the expenses incurred in the suppression of Indian hostilities, as specified in this Act.

SEC. 2. The Treasurer, Controller, and Quartermaster General of this State are hereby constituted a Board of Examiners, and are authorized and required to examine and audit accounts for claims for services rendered and supplies furnished for the expeFor expedition dition against the Indians in Siskiyou County, for the year A. D. one thousand eight hundred and fifty-five. Provided, The same do not exceed the sum of fourteen thousand dollars. Also for services rendered and supplies furnished for the expedition against the Indians in Siskiyou County, for the year A. D. one thousand eight hundred and fifty-six. Provided, The same do not exceed the sum of two hundred thousand dollars. Also for services rendered and supplies furnished in the expedition against the Indians in Klamath in '52. Klamath County, for the year A. D. one thousand eight hundred and fifty-two. Provided, The same do not exceed the sum of ten thousand dollars. Also for services rendered and supplies furnished Indian war in and property destroyed in the Indian war, in the year A. D. one 355 in Humboldt thousand eight hundred and fifty-five, in the Counties of Humboldt and Klamath. and Klamath. Provided, The same do not exceed the sum of one

hundred and ten thousand dollars.

Also for services rendered and

supplies furnished for the expedition against the Indians in the County of Tulare, for the year A. D. one thousand eight hundred Tulare in 1856. and fifty-six. Provided, The same do not exceed the sum of ten thousand dollars. Also for services rendered and supplies fur

in 1855.

and 1851.

nished for the expedition against the Indians in the County of Sut- Sutter in 1850. ter for the year A. D. one thousand eight hundred and fifty. Provided, The same do not exceed the sum of five thousand dollars. Also, for services rendered and supplies furnished for the expedi tion against the Indians in the County of San Bernardino, for the San Bernardino year A. D. one thousand eight hundred and fifty-five. Provided, The same do not exceed the sum of one thousand dollars. Also for services rendered and supplies furnished for the expeditions against the Indians in the County of Nevada, for the years A. D. Nevada, 1850 one thousand eight hundred and fifty, and one thousand eight hundred and fifty-one, and for property destroyed by the Indians in said Nevada County, during said years. Provided, The same do not exceed the sum of twenty thousand dollars. Also for the expeditions, wars and depredations in Los Angeles County, from the Los Angeles, year one thousand eight hundred and fifty-two to the year one thousand eight hundred and fifty-five. Provided, The sum does not exceed twenty thousand dollars. Also for the expeditions, wars and depredations in Yuba County, since the first day of January, Yuba, since '50. A. D. one thousand eight hundred and fifty. Provided, The same

1852 to 1855.

does not exceed the sum of twenty thousand dollars. A. J. F. Clerk of Board. Phelan is hereby appointed a Clerk of said Board of Examiners.

SEC. 3. Such liabilities as have been incurred, and shall be Liabilities allowed under the provisions of this Act, shall be paid in bonds, made payable out of any money hereafter to be appropriated by Congress for the payment of such expenses.

provide Bonds.

SEC. 4. The State Treasurer is hereby authorized and required Treasurer to to cause suitable bonds to be provided for said payments, in sums of one hundred, two hundred, five hundred, and one thousand dollars each, and the said bonds shall specify upon their face, the fund out of which they shall be paid.

SEC. 5. All such bonds shall be signed by the Treasurer, and How signed and countersigned by the Controller, in their official character, made countersigned. payable to and indorsed by the Governor, who shall affix the seal of State thereto; which bonds duly issued as aforesaid, shall be transferable by assignment by the owner thereof, or by his attorney in fact. If it should happen that a claim or fractional claim of less than one hundred dollars shall be audited by said Board of Examiners, then said Board shall issue to the claimant or his attorney, a certificate of such fractional amount.

Treasurer to

SEC. 6. After the said bonds shall have been countersigned by Controller and the Controller, it shall be his duty to make a register of the same, keep register in a book to be kept for that purpose, and deliver them to the Treasurer, charging him with the same. The Treasurer shall also keep a register of such bonds.

SEC. 7. Any and all moneys which may be appropriated by Moneys set apart Congress for the payment of expenses incurred in the suppression

of Indian hostilities in the State, as specified in this Act, are hereby set apart and pledged for the payment of the bonds provided to be issued by this Act.