Adjutant general to make service. SEO. 13. This act shall take effect and be in force from and after the date of its passage. An Act amendatory of and supplemental to the act of April 25, 1863. Approved April 4, 1864; 1863-4, 481. 2573. SECTION 1. It shall be the duty of the adjutant-general of the State, on or lists of electors before the first day of July, eighteen hundred and sixty-five, and of each and every in US military year thereafter, to make a list, as nearly perfect as practicable, of the names of all the electors resident of the State of California who shall then be in the military service of the United States, which names shall be arranged in alphabetical order, and said list shall give the rank of each of said electors in said service; if a regimental or staff officer, the number of the regiment to which he is attached, and if a line or noncommissioned officer, musician, or private, the number of the regiment, battalion, or squadron of cavalry, or battery of artillery, and the letter of the company in such regiment, squadron, or battery to which he belongs, and also the county of his residence in this State. Said list shall be delivered by the adjutant general to the secretary of State on or before the said first day of July eighteen hundred and sixty-five, and of each and every year hereafter. Duty of secretary of State. Duty of commanding officers. Election. 2574. SEC. 2. The secretary of State shall classify and arrange the list returned to him as aforesaid, and shall make therefrom separate lists of the electors belonging to each regiment, battalion, squadron, and battery from this State which shall then be in the service of the United States, and shall, on or before the fifth day of July, eighteen hundred and sixty-five, and of each and every year thereafter, transmit, by mail or otherwise, to the commanding officer of each regiment, battalion, squadron, and battery, as aforesaid, a list of electors belonging thereto, which said list shall specify the name, residence, and rank of each elector, and the company to which he belongs, if any, and also the county, judicial and supervisor district, for officers of which each of said electors is entitled to vote; and the secretary of State is hereby directed to furnish two copies of this act to the commanding officer of each regiment, battalion, squadron, and battery, as aforesaid. 2575. SEC. 3. In case any regiment in the field shall be divided and stationed in different places or localities, the commanding officer of such regiment shall, upon receiving from the secretary of State the list of the electors in the regiment under his command, forth with transmit to the officer having for the time being a portion or detachment of such regiment under his command, a list of the electors belonging to said detachment or portion of said regiment, which said list shall be a transcript of said list furnished by the secretary, so far as relates to the electors to be embraced therein, and shall be certified by the commanding officer of said regiment. 2576. SEO. 4. On the day fixed by law for holding any election within the provisions of this act authorized by law in this State, an election shall be held, and a ballotbox or other suitable receptacle for votes shall be provided, and votes received from the electors whose names are upon said list, at each place where a regiment, detachment of a regiment, a battalion, squadron, or battery of California soldiers in the service of the United States may be on that day, at which time and place the electors whose names are upon said list belonging to such regiment, detachment, squadron, or battery, shall be entitled to vote under the provisions of this act for all officers for which, by reason of their residence in the several counties of this State, they would be authorized to vote, as fully as they would be entitled to vote at elections in the several counties and districts in which they reside, and the votes so given by such electors at such time and place shall be considered, taken, and held to have been given by them in the respective counties of which they are residents. Such election shall be held, and such ballot-box or other receptacle for votes shall be provided, and such votes received under the supervision and charge of the three highest or senior officers in command of such regiment, detachment, squadron, or battery, in which shall be deposited by said electors ballots for all officers for whom, under the provisions of this act, they are entitled to vote, which ballots shall have the name and office of the persons voted for fairly written or printed on one piece of paper. The name of each elector voting as aforesaid shall be checked at the time of voting by one of the officers having charge of the ballot-box as aforesaid upon the list furnished, and the officers receiving said votes shall exercise due care and diligence to prevent any soldier voting by mistake for any officer except such as he is entitled to vote for; but no officer shall open or examine any ballot before the same shall be deposited in the ballot-box. Said election shall be opened, if practicable, at nine o'clock in the morning of said day, or if not then, at such hour in said day as may be agreed upon by the officers whose duty it is to open the same, and shall remain open a sufficient length of time to enable the electors belonging to said regiment, detachment, battalion, squadron, or battery to vote, and one hour's notice shall be publicly given by the commanding officers before closing said election. And when said election shall have been closed, the votes shall be, as soon as possible thereafter, counted by the officers having charge of said ballotbox, or persons by them appointed; and the senior officer in command of such regiment, battalion, or squadron, as the case may be, before opening said election, shall administer to the officers conducting such election the following oath, to wit: "You do solemnly swear that you will support the constitution of the United States Oath. and the State of California, and discharge the duties of of this election to the best of your ability. So help you God " 2577. SEO. 5. When such ballots shall have been counted, the officers conducting Returns. said election shall make out a certificate of the result of said election, which certificate shall be taken as evidence of the votes cast; and the commanding officer of such regiment, detachment, battalion, squadron, or battery, as the case may be, shall seal up and forthwith transmit the same to the secretary of State at Sacramento. 2578. SEC. 6. The form of returns of votes to be made by the commanding officers to the secretary of State shall be as follows, viz.: "Return of soldiers' votes in the (here insert the regiment, detachment, battalion, Form of returne. squadron, or battery). I hereby certify that on day of year, the electors belonging to the (here insert the regiment, detachment, battalion, squadron, or battery) "Attest: A. B., Commanding Officer of (regiment, detachment, battalion, squadron, or battery, as the case may be)." Said returns shall be made upon one piece of paper, or up on different pieces of paper connected or fastened together. act. 2579, SEO. 7. Any commanding officer who shall neglect or refuse to make such Violations of return of votes as is provided in the fifth and sixth sections of this act, or who shall make a false or fraudulent return of such votes, and any officer who shall, by command, intimidation, threats, or promises of any advantage or preferment, or in any other improper manner, endeavor to control or influence the vote of any soldier under his command or control, or in like manner endeavor to prevent or induce any soldier to refrain from voting for any particular candidate or candidates for whom such soldier has a right to vote, as provided by this act, such officer shall forfeit for every such Penalties. offense the sum of two hundred dollars, one-half to him who shall prosecute to effect, and the other half to the treasury of the county in which prosecution for said offense shall be commenced; and any act so committed shall be considered, taken, and held to have been committed by such officer within the jurisdiction of this State, and such officer shall be liable to be prosecuted for such offense before any justice of the peace in any county of this State at any time within one year after such officer shall return to this State; and if satisfactory evidence shall be presented to the governor of this State that any officer has been guilty of any of the offenses specified in this act, it shall be the duty of the governor immediately to cause such evidence to be transmitted to the president of the United States, with the most urgent solicitations that the commission of such officer be revoked, and his name stricken from the army-roll. governor and 2580. SEC. 8. The secretary of State shall, on the first day of the session of the Votes for legislature, return to the speaker of the assembly the result of the votes given, as set fieutenantforth in said certificates of election for governor and lieutenant-governor, which shall governor. be opened and published at the same time and in the same manner, and with like effect, as the votes returned by the clerks of the several counties of this State; and, further, Secretary of that the secretary of State shall add the vote received from the counties to the soldiers' State to transmit vote, and certify the same to the governor; and, further, that the secretary of State speaker of assembly. shall be allowed, until the third Monday in December, to add supplemental returns of the votes of soldiers. 2581. SEC. 9. It shall be the duty of the secretary of State, upon the receipt of votes given by the electors belonging to the regiments, detachments, battalions, squadrons, returns to clerks, as to election of Also, to county and batteries aforesaid, to transmit to the clerks of the several counties of this State such portions of the returns of soldiers' votes as he shall have received affecting the county officers. election of officers in their county or district; and the several persons whose duty it is to canvass the votes given for county or district officers are hereby directed to wait, before completing said canvass, until sixty days from the time when such general, judicial, district, county, or special election may be held; but they are hereby required to canvass such votes on the said sixtieth day, except in such cases as it might happen to fall on Sunday, Christmas Day, New-Year's Day, or the Fourth day of July, when the following day shall be considered as the sixtieth day; and it is hereby made their duty and they are directed to count the votes aforesaid from the certificate of election which shall have been returned in the manner heretofore prescribed. Further duties of secretary of State. Publication of act. Laws made applicable. Acts repealed. Construction of act. 2582. SEC. 10. The secretary of State shall, in all cases where it is made his duty by law to canvass the votes and certify the election of any officer in this State, count and include the votes given by the electors belonging to the regiments, detachments, battalions, squadrons, and batteries aforesaid, and returned in the manner herein prescribed. 2583. SEC. 11. The secretary of State shall, within ninety days after the passage of this act, cause the same to be printed in pamphlet form, and transmit two copies thereof by mail to the county clerk of the several counties of this State, and also two copies by mail or government express to each colonel, lieutenant-colonel, and major, or commanding officer of a California regiment then in the service of the United States. 2584. SEC. 12. The general provisions of the laws of the State of California relating to electors and elections, so far as the same are applicable, shall be pursued and complied with in the voting under this act, and so far as the same are inconsistent herewith they are, for the purposes of this act, repealed. 2585. SEC. 13. All acts or parts of acts contravening the provisions of this act are, for all the purposes of this act, hereby repealed. 2586. SEC. 14. The provisions of this act shall be construed to apply to the election of governor, lieutenant-governor, State, judicial, county, and district officers. Officers to be elected. Time of holding election, X. SAN FRANCISCO MUNICIPAL ELECTION. An Act to change the time for holding municipal elections in the City and County of San Francisco, and to define the official terms of certain officers therein mentioned. Approved April 22, 1861, 214. [The provisions of this act in regard to the time of the election of judges and justices of the peace have been superseded by the provisions of "An Act concerning officers" approved April 22, 1863, 386. See OFFICES, post, 4719.] 2587. SECTION 1. There shall be elected hereafter, for the City and County of San Francisco, by the qualified electors thereof, at the time hereinafter mentioned, and in the manner prescribed by law for the election of State and county officers, one mayor, who shall be ex-officio president of the board of supervisors; a county judge; county clerk; police judge; chief of police; sheriff; coroner; recorder; treasurer; auditor; tax-collector; assessor; public administrator; surveyor; superintendent of common schools; superintendent of public streets and highways; district-attorney, and harbormaster, who shall continue in office for two years next after their election and qualification, unless otherwise provided for in this act. There shall be elected in each of the twelve election districts of said city and county, by the qualified electors thereof, one supervisor and one school-director; and in each of the six townships of said city and county, one justice of the peace and one constable, who shall continue in office for two years; and in each of the twelve districts, one inspector, and two judges, of elections, who shall continue in office for one year, and until their successors are elected and qualified. 2588. SEO. 2. All elections for city and county officers, under this act, shall be held in said city and county on the third Tuesday of May in each year; the first of which elections shall be held on the third Tuesday of May, eighteen hundred and sixty-one, at which time, and every two years thereafter, there shall be elected a mayor, who shall be ex-officio president of the board of supervisors; county clerk; sheriff; coroner; district-attorney; recorder; treasurer; assessor; surveyor; superintendent of common schools, and harbor-master; also in the second, fourth, sixth, eighth, tenth, and twelfth, districts, by the qualified electors thereof, one supervisor and one schooldirector. There shall, also, be elected, at the first election under this act and every year thereafter, in each of the twelve districts, one inspector, and two judges, of elections, who shall be elected in the manner prescribed in section two of an act amendatory of, and supplementary to, an act to repeal the several charters of the City of San Francisco, to establish the boundaries of the City and County of San Francisco, and to consolidate the government thereof, approved April eighteenth, eighteen hundred and fifty-seven. election. 2589. SEC. 3. At the second election held under this act, on the third Tuesday of Time of holding May, eighteen hundred and sixty-two, and every two years thereafter, there shall be elected a police judge, chief of police, auditor, tax-collector, public administrator, and superintendent of public streets and highways; and in each of the six townships, one justice of the peace and one constable; and in the first, third, fifth, seventh, ninth, and eleventh, districts, one supervisor and one school-director; and at the election next preceding the expiration of the term of office of the present incumbent, a county judge, who shall continue in office for four years, and until his successor is elected and qualified.() [Amendment, approved May 3, 1861, 291. 2590. SEC. 4. The official terms of all officers elected under this act are hereby de- Official terms. clared to commence on the first day of July next succeeding their election, excepting, however, that of the assessor, whose official term shall commence on the first day of September; and any and all of the present city and county officers, whose official terms shall not have expired previous to the first two elections provided for in this act, shall continue in office during the entire term for which they were elected; provided, Proviso. that their successors shall not continue in office after the first day of July, eighteen hundred and sixty three, or until their successors are elected and qualified; and no officer elected, or appointed, to fill a vacancy which may, in any manner, occur, shall serve only except during the balance of the unexpired term of his predecessor. 2591. SEC. 5. It is hereby made the duty of the mayor to issue his proclamation, by Duty of mayor. publication in not less than three daily newspapers published in said city and county, at least ten days previous to the third Tuesday of May in each year, calling upon the qualified voters of said city and county to meet in their respective districts for the purpose of electing such officers as are provided for in this act, reciting, in such proclamation, the different officers to be elected at such election. SEC. 6. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SEO. 7. This act shall take effect and be in force from and after its passage. An Act supplementary to the foregoing act of April 22, 1861. Approved May 2, 1862, 475. 2592. SECTION 1. The police judge, chief of police, auditor, tax-collecter, public Terms of office. administrator, superintendent of public streets and highways, justices of the peace, constables, supervisors, and school-directors, who shall be elected for the City and County of San Francisco at the election to be held on the third Tuesday of May, in the year eighteen hundred and sixty-two, shall hold their office from the time of the expiration of the terms of office of their immediate predecessors, and until the first of July in the year eighteen hundred and sixty-four, or until their successors are elected and qualified. [The foregoing act was qualified as to police judge and justices of the peace by the acts relating to officers and to the special judicial election. See OFFICES, &c., post, 4717.] Escheated Estates. An Act concerning escheated estates. Approved May 4, 1852, 108. 5 Cal. 378. 2593. SECTION 1. If any person shall die, or any person who may have died within Escheats. the limits of what is now the State of California, seized of any real or personal estate, and leaving no heirs, representatives or devisees capable of inheriting or holding the (") The original section was the same, with the exception that it omitted the words "and in each of the six townships one justice of the peace and one constable." 2594-2597 Information. Proceedings. Appeals. Heirs may claim within ten years. same, and in all cases when there is no owner of such real estate capable of holding 2594. SEC. 2. That whenever the attorney general shall be informed or have reason 2595. SEC. 3. All persons, bodies politic and corporate, named in such information as terre-tenant, or claimant to the estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in the information, the title of the State to lands and tenements therein mentioned, at any time on or before the third day of the return day of the summons; and any other person claiming an interest in such estate may appear and be made a defendant, and plead as aforesaid, by motion for that purpose in open court, within the time allowed for pleading as aforesaid; and if any person shall appear and plead as aforesaid, or shall refuse to plead within the time, then judgment shall be rendered that the State be seized of the lands and tenements in such information claimed. But if any person shall appear and deny the title set up by the State, or traverse any material fact set forth in the information, or issue or issues, shall be made up and tried as other issues of fact, and a survey may be ordered and entered as in other actions when the title or boundary is drawn in question; and if after the issues are tried, it shall appear from the facts, found or admitted, that the State hath good title to the land and tenements in the information mentioned, or any part thereof, judgment shall be rendered that the State be seized thereof, and recover costs of suit against the defendants. 2596. SEC. 4. Any party who shall have appeared to any proceedings as aforesaid, and the attorney general in behalf of the State, shall, respectively have the same right to prosecute an appeal or writ of error upon any judgment as aforesaid, as parties in other cases.() [Amendment, approved April 30, 1855, 221. 2597. SEC. 5. The controller of State shall keep just and true accounts of all moneys paid into the treasury, all lands vested in the State, as aforesaid; and if any person shall appear within ten years after the death of the intestate, and claim any moneys () The original section was substantially the same, excepting that it used the words "in this State," instead of "within the limits of what is now the State of California." After the words "personal estate," it had the words "without any devise there of," and it did not have the words "or devisees." (*) Original section: SBC. 2. That whenever the attorney general, or district attorney, shall be informed, or have reason to believe, that any real estate in his district hath escheated to the State, by reason that any person hath died seized thereof, without devising the same, and leaving no heirs capable of inheriting the same, or by reason of the incapacity of the devisees to hold the same, and such estate shall not have been sold, according to law, within two years after the death of the person last seized, or when he shall be informed or has cause to believe that any such estate within his district hath otherwise escheated to the State, it shall be his duty to file an information, in behalf of the State, in the district court of the judicial district, or of any adjoining judicial district, in which such estate is situated, setting forth a description of the estate, the name of the person last lawfully seized, the name of the terre-tenant and persons claiming such estate, if known, and the facts and circumstances in consequence of 356 |