mortgagor or mortgagee; when attached at the suit of the creditor of the mortgagor, such creditor shall pay, or tender to the mortgagee, the actual amount due him on such mortgage before the officer making such attachment shall be entitled to the actual possession of such property. When property thus situated and thus redeemed shall have been sold by the officer by virtue of due legal proceedings, out of the proceeds of the sale he shall first pay to the creditor the amount advanced by him to pay the mortgagee with legal interest thereon. Second. Pay all legal costs and fees appertaining to the judgment, execution and sale. ject to attach Third. Pay the judgment creditor the amount of the judgment, and any remaining surplus pay to the judgment debtor. If the creditor of the mortgagor prefers, he may cause to be attached the Right of reright of redemption of said mortgagor, and cause the same to be demption subsold, subject to the rights of the mortgagee. Such attachment ment and sale. shall be made by leaving a copy of the writ of attachment, with notice of the attachment, with the mortgagee. When the sale of such equity is made on an execution obtained by such attaching creditor, the sum realized shall be applied to the payment of costs, fees, discharge of the execution, and any remainder paid to the judgment debtor. When the interest of the mortgagee shall be attached, a copy of the writ of attachment shat be left with the mortgagor, with notice of the attachment, and any payment made by him to the mortgagee after such notice, shall not release the Attachments, attachment, or affect the rights of the attaching creditor, but said when released. mortgagor may pay the amount due on said mortgage to the officer who made the attachment, and thereupon said officer shall release said attachmeut, and hold the money so paid him, in the same manner as if he had originally attached said money. strued. SEC. 6. This Act shall not be so construed as to interfere or Act, how conconflict with the lawful mining rules, regulations or customs in regard to the locating, holding or forfeiture of claims, but in all cases of mortgages of mining interests under this Act, the mortgagee shall have the right to perform the same acts that the mortgagor might have performed for the purpose of preventing a forfeiture of the same under the said rules, regulations or customs of mires, and shall be allowed such compensation therefor as shall be deemed just and equitable by the court ordering the sale upon a foreclosure. Provided, That such compensation shall in no case exceed the amount realized from the claim by a foreclosure and sale. SEC. 7. The mortgagee, in all mortgages made under this Act, Allowance to shall be allowed one day for every twenty miles of the distance mortgagee between his residence and the County Recorder's office, where such mortgage ought by law to be recorded to conform to the provisions of this Act, before any attachment shall be valid, made by the creditors of the mortgagor. SEC. 8. Mortgages may be made on all kinds of water craft of Mortgages on five tons burthen or upwards, "custom house measurement," whether water craft. propelled in whole or in part by steam or wind. Provided, That Proviso. the requirements of the preceding sections, are complied with. And provided further, That an indorsement shall be made on the Custom House Register or enrolment of such vessel, showing the amount for which the same is mortgaged, and the place, book and page where the same is recorded. And provided also, That this sectiou shall not be construed to affect or impair, in any way whatever, maritime liens. Appropriations. Salary of CHAPTER CCLXV. AN ACT Making appropriations for the Support of the Civil Government of the State for the remainder of the eighth fiscal year, commencing on the first day of February, A. D. 1857, and ending on the thirtieth day of June, inclusive, of the same year. [Approved April 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. The following sums of money are hereby appropriated out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, for the remainder of the eighth fiscal year, commencing on the first day of February, A. D. 1857, and ending on the thirtieth day of June, inclusive, of the same year: For salary of Governor, three thousand three hundred and thirtyfour dollars. For rent of Governor's office, two hundred dollars. For contingent expenses of Governor's office, three hundred dollars. Of Secretary of For salary of Secretary of State, one thousand one hundred and State. Of Controller. Of Treasurer. ent of Public Instruction. sixty-seven dollars. For contingent expenses of Secretary of State's office, four hundred dollars. For salary of Controller, one thousand five hundred dollars. For salary of E. F. Burton as Controller, ad interim, seven hundred and twelve dollars and fifty cents. For contingents of Controller's office, six hundred dollars. For payment of express charges for Controller's office, five hundred dollars. For salary of State Treasurer, one thousand five hundred dollars. For contingents and extra clerk hire in Treasurer's office, eight Of Superintend- hundred dollars. For salary of State Superintendent of Public Instruction, one thousand one hundred and sixty-seven dollars. For contingents of office of Superintendent of Public Instruction, rent and furniture, six hundred and sixty-seven dollars. For salary of Surveyor General, six hundred and sixty-seven dollars. For rent of Surveyor General's office, four hundred dollars. For pay of Draughtsman in Surveyor General's office, eight hundred dollars. For contingent expenses of Surveyor General's office, three hundred Of Quartermas- dollars. For salary of Quartermaster General, one thousand dollars. For contingent expenses of the office of Quartermaster General, for rent of armory and office, cleaning and transportation of Of Surveyor ter General for the payment of any money out of the appropriations made by this Act, until money for the payment of the same is in the State Treasury, nor for the payment of any service done, or debt Appropriation to accrued prior to the first day of February, A. D. 1857. School Fund. SEC. 3. The sum of nine thousand seven hundred and twelve dollars and sixty-four cents is hereby appropriated out of the first moneys coming into the Treasury, and the Controller and Treasurer are required to place the same to the credit of the School Fund. SEC. 4. The made shall draw his warrants for the payment warrants are to of all claims entitled to be paid under the provisions of this Act, in the order of the dates of said claims becoming due, and not otherwise. Order in which be drawn. Bind & Controller for Constable see Gratum Appropriations. CHAPTER CCLX V I. AN ACT Making appropriations for the support of the Civil Government of the State for the ninth fiscal year, commencing on the first day of July, A. D. 1857, and ending on the thirtieth day of June, A. D. 1858, inclusive. [Approved April 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. The following sums of money are hereby appropriated out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, for the support of the Civil Government of the State for the ninth fiscal year, commencing on the first day of July, A. D. 1857, and ending on the thirtieth day of June, A. D. 1858, inclusive: For salary of the Governor, eight thousand dollars. For rent of Governor's office, six hundred dollars. For contingent expenses of the Governor's office, nine hundred dollars. For special contingent fund of the Governor's office, to be drawn at his discretion, five thousand dollars. For salary of Secretary of State, three thousand five hundred dollars. For contingent expenses of the office of Secretary of State, one thousand two hundred dollars. For salary of Secretary of State as a member of the Board of Examiners, six handred dollars. For the pay of clerks in the office of the Secretary of State, eight thousand four hundred and sixty dollars. For salary of Controller, four thousand dollars. For contingent expenses of the office of Controller, two thousand dollars. For payment of express charges for Controller's office, fifteen hundred dollars. For salary of Clerks in the office of Controller, eight thou sand four hundred and sixty dollars. For salary of Treasurer, four Appropriations. thousand dollars. For contingent expenses of the office of Treasurer, two thousand five hundred dollars. For extra clerk hire in the office of Treasurer, if the State debt be assumed by the people, two thousand five hundred dollars. For pay of clerks in the office of Treasurer, five thousand six hundred and forty dollars. For salary of State Superintendent of Public Instruction, three thousand seven hundred and fifty dollars. For rent and contingent expenses for the office of Superintendent of Public Instruction, two thousand dollars. For salary of Surveyor General, two thousand dollars. For contingent expenses of the office of Surveyor General, nine hundred dollars. For pay of rent for office of Surveyor General, one thousand two hundred dollars. For pay of draughtsman in the Surveyor General's office, twelve hundred dollars. For salary of Quartermaster General, two thousand dollars. For rent of Quartermaster General's office and armory, twelve hundred dollars. For contingent expenses of the office of Quartermaster General's office, three hundred and sixty dollars. For salary of Attorney General, two thousand dollars. For rent of Attorney General's office, three hundred and sixty dollars. For contingent expenses of the office of Attorney General, six hundred dollars. For salary of the Attorney General as a member of the Board of Examiners, six hundred dollars. For salary of Justices of the Supreme Court, twenty-three thousand dollars. For contingent expenses of Supreme Court, three thousand dollars. For rent of Supreme Court rooms, twenty-five hundred dollars, for the first six mouths of the fiscal year, and the sum of eighteen hundred for the last six months. For the salary of District Judges, fifty-five thousand dollars. per diem and mileage of Lieutenant Governor and Senators, forty thousand dollars. For per diem and mileage of members of the Assembly, one hundred thousand dollars. For pay of officers and clerks of the Senate, fifteen thousand dollars. For pay of officers and clerks of the Assembly, twenty-four thousand dollars. For contingent expenses of the Senate, five thousand dollars. For contingent expenses of the Assembly, nine thousand dollars. For stationery, fuel, lights, etc., for the Legislature, ten thousand dollars. For salary of Private Secretary to the Governor, two thousand two hundred and fifty dollars. For pay of Private Secretary as Secretary of the Board of Examiners, six hundred dollars. For printing, paper, and official advertisements, sixty thousand dollars. For the support of the State Asylum for the Insane, forty thousand dollars; and the sum of five thousand dollars for farming utensils, seeds, etc., for the cultivation and improvement of the grounds of the said Asylum. For salary of Resident Physician to the Asylum for the Insane, five thousand dollars. For salary of Visiting Physician to the Asylum for the Insane, three thousand dollars. For rent of the State House, twelve thousand dollars. For transportation of prisoners to the State Prison, thirty-five thousand dollars. For prosecuting delinquents, three thousand dollars. For pay of experts for examining printing accounts, five hundred dollars. For copying laws for State Printer, five hundred dollars. For marginal notes and index to laws, three hundred dollars. For indexing journals of the Legislature, six hundred dollars. For rent of Library Rooms, one thousand eight hundred dollars, and |