hundred and fifteen miles; to Stockton, seventy miles; to San Quentin, two hundred miles. 2380. SEO. 41. From the county-seat of Tulare County to Sacramento, two hundred Tularo. and fifty miles; to Stockton, two hundred and five miles; to San Quentin, three hundred and thirty-five miles. 2381. SEC. 42. From the county-seat of Tehama County to Sacramento, one hun- Tehama dred and forty-five miles; to Stockton, one hundred and ninety-five miles; to San Quentin, two hundred and seventy-five miles. 2382. SEC. 43. From the county-seat of Yolo County to Sacramento, twenty miles; Yolo. to Stockton, sixty-six miles; to San Quentin, one hundred and fifty-one miles. 2383. SEO. 44. From the county-seat of Yuba County to Sacramento, fifty miles; Yuba. to Stockton, ninety-five miles; to San Quentin, one hundred and eighty miles. 2384. SEC. 45. An act entitled an act defining the legal distances from each countyseat to the capitol, lunatic asylum, and State prison, passed May fifteenth, one thousand eight hundred and fifty-four, is hereby repealed. An Act to define the legal distances from the county-seat of Lake County to capitol, lunatic asylum, and State prison. Approved March 5, 1564; 1863-4, 154. 2385. SECTION 1. The distances established by this act shall be and the same are Lake. hereby declared to be the legal distances for which mileage shall be allowed to the capitol at Sacramento: First. For county treasurer settling his accounts. Second. For carrying the insane to the asylum at Stockton. Third. To sheriff for transporting prisoners to the State prison at San Quentin. 2386. SEC. 2. From the county-seat of Lake County to Sacramento, one hundred and twenty miles; to Stockton, one hundred and sixty-five miles; to San Quentin, one hundred and thirty-five miles. SEC. 3. This act shall take effect and be in force from and after its passage. An Act defining the legal distances from the county-seat of Alpine County to the capitol, lunatic asylum, and State prison. Approved April 1, 1864; 1863-4, 306. 2387. SECTION 1. The distances established by this act shall be and the same are Alpine. hereby declared to be the legal distances for which mileage shall be allowed: First. For county treasurer settling his accounts at the State capitol at Sacramento. Second. For conveying the insane to the asylum at Stockton. Third. To sheriffs, for transporting prisoners to the State prison at San Quentin. 2388. SEC. 2. From the county-seat of Alpine County to Sacramento, one hundred and forty miles. To Stockton, one hundred and forty miles. To San Quentin, two hundred and seventy miles. An Act defining the legal distances from the county-seat of Lassen County to the State capitol, lunatic asylum, and State prison. Approved April 4, 1864; 1863-4, 476. 2389. SECTION 1. The distances established by this act shall be and the same are Lassen. declared to be the legal distances for which mileage shall be allowed: First. For county treasurer settling his accounts at State capitol; Second. For conveying the insane to the insane asylum at Stockton; Third. To sheriff for transporting prisoners to the State prison at San Quentin. 2390. SEC. 2. From the county-seat of Lassen County to Sacramento, two hundred miles; to Stockton, two hundred and forty-five miles; to San Quentin, three hundred and fifty-five miles. Secretary of State to apportion the State into districts, Distribution of Laws, Journals, and [An Act to provide for the distribution of the journals, laws, supreme court reports, and other documents, passed April 22, 1850, 340, was repealed by "An Act to provide for the public printing," approved April 29, 1852, 113.] An Act for the more effectual distribution of the laws, journals, and public documents of the State of California. Approved May 17, 1853, 187. 2391. SECTION 1. For the purpose of distributing promptly and surely the laws and journals of this State, and all other public documents required by law to be distributed throughout the different counties of this State, the secretary of State is hereby authorized to apportion the State into four districts, as may be found necessary for the secure and rapid dissemination of the books and documents aforesaid, and appoint an Agent to deliver agent in each district, whose duty it shall be to deliver to the county clerk of each public documents. County clerks to distribute. Receipts. Pay of agents. Proviso. To be paid on Exchange. county included within his district, such books and documents as are intended for distribution in the county of which he is clerk, and take the receipt of the said clerk for the same, which receipt shall be returned to the secretary of State. 2392. SEC. 2. Immediately on the receipt of said books or documents it shall be the duty of the county clerk to cause the same to be distributed through his county to all officers entitled by law to receive them, and shall take their receipts for the same; said receipts specifying that the book or books, so received, are to be turned over to their successors in office, and transmit said receipts to the secretary of State, to be filed in his office. And it is hereby made the duty of the sheriff of each county to make such distribution under the direction of the clerk aforesaid. 2393. SEC. 3. Said agents shall be employed by the secretary of State, at the lowest rate at which suitable and competent persons can be obtained to perform the work, and shall give bond and security in such sum as the secretary of State shall direct, conditioned to deliver the said laws, journals and documents to the several county clerks within their respective districts within such length of time from the date of their reception as will be the shortest within which the work can be reasonably accomplished, having regard to the character of the county over which the distribution is to be made said time to be fixed by the secretary of State,―said bonds to be approved by the secretary of State and filed in his office; provided, the compensation of such agents shall not exceed, to each person, twelve dollars per day, and the total compensation to any one person shall not exceed five hundred dollars in any one year. 2394. SEC. 4. The agents aforesaid shall be paid for their services the amount agreed upon in the controller's warrants, to be issued on the certificate of the secretary of State, which certificate shall not be given until the said agents have produced receipts from the county judges (or clerks or sheriffs as the case may be) of the different counties included within their respective districts, for all books and documents which may have come into the charge of said agents for distribution, or some other equally satisfactory evidence is produced of their proper distribution. 2395. SEC. 5. The secretary of State is hereby authorized to distribute the public documents, laws, and journals, and reports of this State, to all public libraries, institutions of learning, authors, publishers, and states, which he may deem important in securing an interchange. and building up and improving the library of this State. An Act concerning the office of secretary of State (prescribing his duties as to the distribution of laws, journals, &c.), passed May 15, 1854, 256. See SECRETARY of STATE, post, 6766. 328 District Attorneys. [An Act concerning the office of district attorney, passed March 27, 1850, 112, (as also An Act concerning the office of county attorney, passed March 27, 1850, 112, which resembled it in many particulars,) was repealed by the following act.] An Act concerning district attorneys. Passed April 29, 1851, 187. in each county. 2396. SECTION 1. There shall be a district attorney in each county of this State, District attorney who shall be elected by the electors of the county, at the general election of the pres- Cal. 435. ent year, and at the general election every two years thereafter, and shall enter upon 16 Cal. 441. his duties on the first Monday of October subsequent to his election. 2397. SEC. 2. Before entering upon the duties of his office, he shall execute and Bond. file with the county clerk a bond to the State in the sum of ten thousand dollars, which sum may be increased or diminished by the board of supervisors, conditioned for the faithful performance of his duties. Each district attorney may appoint one or more deputies, not to exceed two, who shall have the same power in all respects as Deputies. their principal. The appointment shall be in writing, and be signed by the district attorney, and shall be filed in the office of the recorder of the county. He may revoke the appointment of any deputy at will, by writing, filed in the same office. Each deputy, before entering upon his duties, shall take the oath of office, which shall be Oath. indorsed on his appointment. The district attorney may take from each of his deputies a bond with sureties for the faithful performance of his duties; but the district Bond. attorney, and the sureties on his bond, shall be liable for all the official acts of each Liability of deputy; provided, such deputy shall receive his compensation from his principal, and district attorney. no additional fees or salary shall be allowed any district attorney for such purpose; and, provided, further, that the provisions of this act shall not apply to the City and County of San Francisco. [Amendment, approved March 21, 1863, 95. 2398. SEC. 3. The district attorney in each county shall be the public prosecutor To be publie therein. prosecutor. 2399. SEC. 4. He shall attend the district courts held in his county, and the courts To conduct prosecutions. of sessions in his county, held for the transaction of criminal business, and conduct on behalf of the people all prosecutions for public offenses. 2400. SEC. 5. If he fails to attend any term of those courts, the court shall desig- Deputy may be appointed. nate some other person to perform the duties of district attorney during his absence from the court, who shall receive a reasonable compensation, to be certified by the court, and paid from the county treasury. 2401. SEC. 6. The district attorney, when not in attendance upon the district court, Proceedings before or court of sessions, shall institute proceedings before magistrates, for the arrest of magistrates. persons charged with, or reasonably suspected of, public offenses, when he has information that any such offense has been committed; and for that purpose shall attend upon the magistrates in cases of arrest when required by them, and shall attend before, and give advice to the grand jury, whenever cases are presented to them for their consideration. indictments, &c. 2402. SEC. 7. The district attorney shall draw all indictments when required by To draw the grand jury; shall defend all suits brought against the State or his county; shall prosecute all recognizances forfeited in the district court, or court of sessions; and all actions for the recovery of debts, fines, penalties, and forfeitures, accruing to the State, or his county; and he shall also perform such other duties as may be required of him by law. for moneys 2403. SEC. 8. When he receives money or property in his official capacity, he shall To give receipt deliver a receipt therefor to the person from whom he receives it, and file a duplicate received. thereof with the county treasurer. oath. 2404. SEC. 9. He shall, on the first Mondays of January, April, July, and October, To account on in each year, file in the office of the county treasurer, an account in writing verified by oath, of all moneys received by him in his official capacity, during the preceding three months, and shall, at the same time, pay it over to the county treasurer. 2405. SEC. 10. If he refuse, or neglect to account for, and pay over money so Refusing to received by him as required by the last section, the county treasurer shall bring an action against him for the recovery thereof in the name of the county, and may recover in such action in addition to the amount so received, fifty per cent. damages account. To give opinion without fee. When not to act in civil action. To keep register of his official business. 19 Cal. 424. Punishment for neglect of duty. Salary. Previous acts repealed. and interest. For such refusal or neglect he shall also be deemed guity of a misdemeanor in office. 2406. SEC. 11. The district attorney shall, without fee, give his opinion to any assessor or collector, or any county auditor or treasurer, in any matter relating to the duties of their respective offices. 2407. SEC. 12. The district attorney shall not act as counsel in a civil action or in a special proceeding of a civil nature for a private party, against whom a criminal action for a felony is pending. 2408. SEC. 13. He shall keep a register of his official business, in which shall be entered a note of every action, whether criminal or civil, prosecuted by him officially, and of the proceedings therein, which shall, upon the expiration of his term of office, be turned over to his successor. 2409. SEC. 14. The district attorney may be indicted for a misdemeanor in office, or neglect of duty, and be punished by removal, or by fine, not exceeding two thousand dollars, for the use of the county in which he is convicted, or by both such fine and removal. 2410. SEC. 15. The district attorney shall receive such salary as may be fixed by law, in addition to the fees allowed for the prosecution of offenses and of forfeited recognizances. He shall also be entitled to receive for all amounts collected by him for the State or county by action, ten per cent. on the amount collected, and for all criminal actions successfully prosecuted by him, such fees as may be allowed by law, to be paid by the defendant. 2411. SEC. 16. The act entitled "An Act concerning the office of district attorney," passed March 27th, 1850, and the act entitled "An Act concerning the office of county attorney," passed March 27th, 1850, are hereby repealed, and the office of county attorney is hereby abolished. 2412. SEC. 17. This act shall take effect on the first Monday of October next, except that the first section, so far as it directs an election of a district attorney at the general election of the present year, shall take effect immediately. An Act concerning the auditing of accounts by the court of sessions and board of supervisors, relating to claims against counties and prescribing the duties of district attorneys in such cases), approved May 12, 1853, 164. See COUNTIES, ante, 1199. [A resolution was adopted April 18, 1857, 376, instructing and directing the district attorneys of the several counties of the State to bring suit against any county treasurer of their respective counties who may have violated the provisions of the revenue act of May 15, 1854, &c.] [In Tuolumne and Santa Barbara Counties, by act approved April 18, 1859, 336, the district attorneys are required in certain cases to petition the probate courts for letters of administration to any qualified person, &c. See PUBLIC ADMINISTRATORS, post, 6046.] [In Contra Costa County, by act approved February 9, 1860, 24, the district attorney is required to defend all suits of a civil nature brought against the county officers in which the county is the real party in interest.] [An Act authorizing the district attorneys of the counties of Mariposa and Sutter to appoint deputies, approved February 11, 1862, 5, was repealed by act approved March 21, 1863, 95, which also contains the amendment to Sec. 2 of the act of 1851, therein inserted, relating to the same subject of deputies.] [An Act relative to the office of district attorney of the County of Sacramento, requiring him to collect all delinquent municipal or levee taxes or street assessments, &c., was approved March 16, 1864, 183.] Divorces. Jurisdiction. 1 Cal. 215. 10 Cal. 249. Divorces. 16 Cal. 378. Residence. 8 Cal. 812. 5 Cal. 250. An Act concerning divorces. Passed March 25, 1851, 186. 2413. SECTION 1. The several district courts of this State, within their respective districts, shall have exclusive jurisdiction to grant a divorce from bed and board, and from the bonds of matrimony. 2414. SEC. 2. Divorces may be granted from bed and board, or from the bonds of matrimony. 2415. SEC. 3. No person shall be allowed to apply for a divorce under the provisions of this act, who has not been a resident of this State for a period of six months unmediately preceding such application. AN ACT to amend an Act entitled "An Act concern- EL DORADO COUNTY. ing Divorces," passed March 25, 1851. The people of the State of California, represented in Senate and Assembly, do enact as follows: 2416-2422 from bed and board, or from the bonds of matrimony, may Grounds of tence existing at the time of marriage. divorce. Impotence. Section 1. Section 4 of said Act is hereby amended so as to read as follows: Section 4-Divorces from bed and board, or from the bonds of matrimony, may be granted: First-For impotence existing at the time of marriage. Second-When the female, at the time of the alleged mariage, was under the age of fourteen years, and the le, at the time of the alleged marriage, was under the age Female under alled norrlage was without the consent of her parents alleged marriage was without the consent of her parents or guard.ar, or other person having the legal custody or charge of her person, and when such marriage was not on having the legal custody or charge of her person; and voluntarily ratified on her part after she ha attalled the age of fourteen years. Third-By an act of ad alot voluntarily ratified on her part, after she had attained tery by either of the parties; but no divorce shall! be granted upon the application of the party guilty of age. the act of adultery complained of; nor if it appear to dultery by either of the parties; but no divorce shall be Adultery. the Court that the adultery complaine I of wis by colbuzion of the parties, nor, when it shall appear that the on of the party guilty of the act of adultery complained of, 10 Cal. 249. parties have volat.rfly lived and cohabitedt gather as he court that the adultery complained of was by collusion of food wife, after knowledge of the act of adult ry complained of. Fouta-For extrek rady in er; shall appear that the parties have lived and cohabited party the indieting on the other grievous bolily or mental sudering), or for habitual intemperance, or fe after knowledge of the act of adultery complained of. years, or for willful neglect on the pit of the Lazad wintal desertion by her party, for a period of two uelty in either party, or for habitual intemperance, or for Extreme cruelty. party for the period of two years; or for wilful neglect on to pro.ide for is wit the coop on necessaris fl for the log of two years (lating the ability to pro vide the same, or fuinz so to do by reason of his Habitual intemperance. Wilful neglect. provide for his wife the common necessaries of life, having Wilful desertion. ness, parola, many or dissipation. Fit-atheront same, for the period of three years. of either operties to the marriage was obtain i by 9 Cal. 475. 14 Cal. 76. 14 Cal. 459. force, or trail, upon the applicatio; of the parent of either of the parties to the marriage was obtained by 14 Cal. 654. jured. th―la case of the conviction of either party pplication of the injured party. Frich actra, bat no divorce shall be grante 1 on their 19 Cal. 626. 22 Cal. 858. 13 Cal. 102. Sec. Ether party may be a witness on the trial of onviction of either party for a felony, after marriage, where Fore and fraud. testion, unless corroborated by oder evidence. s than imprisonment for two years.(a) [Amendment, approved Felony. Sec. 9. This Act shall take elle imediat siy. on for a divorce, on the ground of natural impotency existing Divorce for at the time of the marriage, shall be allowed except by the injured party; nor unless impotency. instituted within two years after the solemnization of the marriage. children. 2418. SEC. 6. When a divorce is granted on the ground of adultery on the part of Legitimacy of the wife, the legitimacy of any children born or begotten of her before the act of adultery complained of, shall not be affected by the divorce. Alimony. 14 Cal. 512. 2419. SEC. 7. In any action for a divorce, the court may, during the pendency of the action, or at the final hearing, or afterwards, make such order for the support of the Cal. 857, wife, and maintenance and education of the children of the marriage, as may be just, and may at any time thereafter annul, vary, or modify such order, as the interest and welfare of the children may require. 2420. SEC. 8. No divorce shall be granted in any action by default of the defendant, nor on the admission or statement of either party; but in all cases the court shall require proof of the facts alleged as the grounds for a divorce. An Act supplementary to the foregoing act. Approved April 24, 1857, 240. No divorce by default, admis sion, &c. 18 Cal. 87. 2421. SECTION 1. No divorce shall be granted in any action by default of the de- Proof of facts required. fendant, nor on the admission or statement of either party, but in all cases the court 10 Cal. 527 shall require proof of the facts alleged as the grounds for a divorce, which proof, if taken before a referee, shall be upon written questions and answers, and free from all legal exceptions as to its competency, admissibility and sufficiency. Nor shall it be Complaint lawful for any court to grant a divorce upon any statement or finding of facts by a referee, but only upon the legal testimony taken in the cause. In every action for a divorce the complaint must be verified. Attaching portion of El Dorado to Amador County, 1855, 113. (*) The original section differed from the amendment only in by either party should be for "three": years instead of "two"* years, as in the text. |