Auditor's books, corresponding to the entries therein; and no others than those found to be true and lawful ones, shall be funded.

SEC. 4. It shall be the duty of the Auditor and Treasurer Separate records aforesaid, each, to keep a separate record of all such bonds as may

be issued in accordance with this Act, showing the number, date and amount, and to whom issued, together with the coupons that may be issued.

signed.

SEC. 5. Coupons for the interest shall be annexed to each bond; Coupons, how said coupons shall express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of Supervisors and County Treasurer. When any interest shall be paid upon a bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office.

SEC. 6. All persons having any indebtedness of the county of Claims entitled Siskiyou, payable on or before the first day of January, one thous- to funding. and eight hundred and fifty-eight, whether in warrants drawn upon the Treasurer, or accounts audited or allowed by the Board of Supervisors, or accounts against the county which have accrued prior to the first day of January, one thousand eight hundred and fifty-eight, and which may be audited and allowed after that time, shall be entitled to fund the same by virtue of this Act. Provided, Proviso. That for any fractional sum less than the amount of the bonds authorized to be issued, said Commissioners shall issue to the holder of the county warrant a certificate of such fractional sum, and upon the presentation of the same to the County Auditor, he shall draw a warrant upon the County Treasurer for the amount so certified. And, provided, further, Said warrants must be presented within three months after the first day of January, one thousand eight hundred and fifty-eight, to the Treasurer of said county.

SEC. 7. Whenever any bonds shall have been paid and redeemed Canceled bonds, by the County Treasurer, he shall mark the same canceled over his how disposed of. signature, as Treasurer, and immediately deliver the same to the County Auditor, taking his receipt therefor; and the County Auditor, upon receipt of such canceled bonds, shall file the same in his office.

SEC. 8. In addition to the ordinary taxes for county purposes, Special tax there shall for the year A. D. one thousand eight hundred and authorized. fifty-eight, and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for, as hereinafter provided, be levied and collected, at the same time, and in the same manner, as other revenues of said county,-a special tax, to be called "The Interest Tax," of thirty-five cents on each one hundred dollars of taxable property; which tax shall be collected in the legal currency of the State of California, and paid over to the County Treasurer. The fund derived from this tax, shall be applied only to the payment of the interest accruing upon said bonds, as herein provided. Provided, however, That should said fund furnish a surplus, over and above what may be required for the payment of said interest, such surplus shall be turned over and paid into the "Sinking Fund" herein provided for.

SEC. 9. It shall be the duty of the County Treasurer of Siski

Interest Fund insufficient

Arrangements authorized.

Sinking Fund.

redeem bonds.

you County, to make certain arrangements for the payment of the interest of said bonds, when the same falls due, at least thirty days before the time of payment; and in the event that said Interest Fund is insufficient, the said Treasurer shall draw on the General Fund of the county for such purpose, and in the event that should prove inadequate, the said Treasurer is authorized, and required, by and with the advice and consent of the Board of Supervisors of said county, to make such contracts and arrangements as may be necessary for the payment of said interest, and for the protection of the credit of the County of Siskiyou.

SEC. 10. It shall be the duty of the Treasurer of said county, to set apart a fund, to be called the "Sinking Fund of the County of Siskiyou." Into said fund shall be paid, first, any and all surplus of the Interest Fund, as aforesaid; second, whatever surplus may remain in the treasury of said county on the first day of January, A. D. one thousand eight hundred and fifty-nine and annually thereafter, after paying the ordinary yearly expenses of the county; each of such payments to be continued until the said Sinking Fund shall be sufficient for the payment of the principal and interest of the bond aforesaid; and when the same shall have been paid and liquidated, the same shall cease; and all surplus remaining in the Sinking Fund, shall be paid into the General Fund of said county. Whenever at any time there shall be in the Sinking Fund, a sum of money amounting to one thousand dollars, or upwards, the Advertisement County Treasurer shall advertise, in a public newspaper published for proposals to in said county, for the space of thirty days, for sealed proposals, for the redemption of said bonds; the advertisement to specify the day, hour and place the sealed proposals will be opened. At the time specified, the Treasurer shall open the sealed proposals at his office, in the presence of the Chairman of the Board of Supervisors, and such other persons as may wish to be present, and shall pay and liquidate said bonds presented, at the lowest value at which they may be proposed to be liquidated. Provided, the same shall not be for more than their par value. And, provided, That should there be no proposals made for less than par value, then the payments shall be made pro rata, on all bonds. And, provided, whenever there shall be a sufficient amount in the Sinking Fund for the extinguishment of the debt of said county, it shall be the duty of the Treasurer to advertise, in some newspaper published in the county, for the space of thirty days, for the redemption of the outstanding bonds of said county; after which time, said bonds shall cease to bear interest.

Proviso.

Record of

Sinking Fund

tion.

SEC. 11. A full and particular account and record of the Sinkopen for inspec- ing Fund shall be kept by said Treasurer, and shall at all times be open for the inspection of the Auditor, Board of Supervisors, and Grand Jury; and upon demand of the Grand Jury of said county, the Treasurer shall cause a concise statement of the condition and business of said fund, and of the amount of bonds issued, to whom issued, to be published as they may designate.

Expense of

SEC. 12. The County Treasurer shall pay out of any money in bonds, how paid. the Treasury, not otherwise appropriated, any and all expenses that he may incur in having said bonds prepared. Provided, The sum so paid out shall not exceed two hundred dollars.

SEC. 13. The Funding Commissioners shall receive such com

Commissioners.

pensation for their services as the Board of Supervisors may allow Compensation of to be paid out of the County Treasury, as other charges against the county are paid.

SEC. 14. On the first day of January, one thousand eight hun- Funding of debt. dred and fifty-eight, the County Treasurer of Siskiyou county shall advertise in some newspaper published in said county, for the space of thirty days, that from and after that day the funding of the then outstanding indebtedness of Siskiyou county will commence, from which time it shall not be lawful for the Treasurer of said county to pay or liquidate any of the then outstanding indebtedness of said county in any other way than by funding it in accordance with the provisions of this Act; nor shall said Treasurer, under any pretense whatever, liquidate or pay any portion thereof, only in accordance with such provisions. The expenses for publishing shall be paid out of the general county fund.

ed after certain

SEC. 15. After the first day of January, one thousand eight Debts contracthundred and fifty-eight, the Board of Supervisors of said county time. shall contract no debts and incur no liabilities that shall singly, or in the aggregate with any other previous debt or liabilities contracted or incurred after the said first day of January, to exceed one thousand dollars more than the amount of moneys in the County Treasury subject to the payment of the same.

SEC. 16. Any county officer or officers of the county of Siski- Violation of Act, you, willfully neglecting or refusing to comply with the requisitions how punished. or provisions of this Act, shall be deemed guilty of a misdemeanor in office, and fined in any sum not less than two hundred nor more than one thousand dollars, to be recoverable before any court of competent jurisdiction, or dismissal from office, or both such fine and dismissal, in the discretion of the court. And it is hereby made the duty of the County Attorney to prosecute all delinquents under this Act.

Court.

SEC. 17. The District Court having original jurisdiction in the Power of Dist. county of Siskiyou, shall have power to enforce obedience to the provisions of this Act, and for that purpose may issue process of mandamus, prohibition, and all other writs, authorized by law. SEC. 18. All fines and penalties collected under the provisions Fines and of this Act shall be paid into the general county fund for county

purposes.

penalties.

322

Supervisors to

in sales, purchases, or contracts for county.

Misdemeanor.

CHAPTER CCLVI.

AN ACT

To amend an Act entitled "An Act to create a Board of Supervisors in the Counties of this State, and to define their duties and powers."

[Approved April 29, 1857.]

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

SECTION 1. Section twenty-second of said Act, of which this Act is amendatory, is hereby amended so as to read as follows: Section twenty-two. No member of the Board of Supervisors have no interest shall be interested, directly or indirectly, in any property purchased for the use of the county, or in any purchase or sale of property belonging to the county, nor in any contract made by the county for the erection of public buildings, the opening or improvements of roads, or the building of bridges, or for other purposes; and a violation of this section shall be a misdemeanor. But whenever an application shall be made to a Board of Supervisors of any county in this State for an order or license in relation to any turnpike road, bridge, or ferry, or other application, and it shall be made to appear that a majority of said Board are not disinterested, as above specified, in relation to the order, or license, or other application, it shall be lawful, and is hereby made the duty of such Board, to certify all proceedings in relation to such application, to the Board of Supervisors of an adjoining county, who are hereby empowered and directed to act upon such application, in all respects, as though the same had been made originally to such Board for a like order within their respective counties.

Supervisors interested.

Manner of proceeding.

CHAPTER CCLVII.

AN ACT

Authorizing the Judge of the Ninth Judicial District to hold a
Special Term of the District Court in and for the County of
Tehama.

[Approved April 29, 1857.]

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

SECTION 1. The Judge of the Ninth Judicial District is hereby Special term, authorized to hold a special term of the District Court, in and for when held. the County of Tehama, to commence on the fourth Monday of August, A. D. 1857.

CHAPTER CCLVIII.

AN ACT

To amend an Act entitled "An Act concerning Sheriffs," passed
April 29, 1851.

[Approved April 29, 1857.]

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

SECTION 1. Section fifty-seven of the Act entitled "An Act concerning Sheriffs," passed April 29, 1851, of which this Act is amendatory, is hereby amended so as to read as follows:

Section fifty-seven. Process and orders in an action or proceed- Elisors to act in ing may be executed by a person residing in the county designated cases designated by the Court, the Judge thereof, or a County Judge, and denomi

nated an Elisor, in the following cases:

First, When the Sheriff and Coroner are both parties.

Second, When either of these officers is a party and the process or orders are against the other for a disobedience of an order or process therein. And

Third. When either of these officers is a party and there is a vacancy in the office of the other, or when it shall be made to appear by affidavit, to the satisfaction of the Conrt in which the suit or proceeding is pending, or the Judge thereof, that either of said officers, by reason of any bias, prejudice, or other cause, would not act promptly and impartially.