of State lands, 3300. SEC. 2. All money arising from the sale of any land belonging to the State Proceeds of sales and not otherwise appropriated, or may hereafter belong to it, shall be paid in to the State treasury, and constitute a part of the general fund. 3301. SEC. 3. All money paid by the general government, from any other source Moneys paid by general governnot otherwise appropriated, shall be paid into the State treasury, and constitute a part ment. of the general fund. forfeitures. 3302. SEC. 4. All money received by any public officer for penalties or forfeitures, Penalties and and not especially appropriated to any other fund, shall also be deemed to be a part of the general fund. 3303. SEC. 5. All money received for any property of the State, and not specially Proceeds of any appropriated, shall be deemed part of the general fund. State. ernment officers. property of the 3304. SEC. 6. All other funds not included in the general fund, shall be denomi- Specific funds. nated specific funds, and kept under appropriate heads by the controller and treasurer. 3305. SEC. 7. There shall be allowed to the several officers and persons, herein- Salaries of gov after mentioned, their annual salaries as established by law, to be paid quarterly out of any moneys in the treasury belonging to the general fund and not otherwise specially appropriated by law; that is to say-there shall be paid to, First, the governor, ten thousand dollars; and his private secretary such salary as may be fixed by law; Second, to the secretary of State: Third, to the controller of State; Fourth, to the treasurer of State; Fifth, to the attorney general; Sixth, to the surveyor general; Seventh, to the justices of the supreme court; Eighth, to the judges of the district courts; Ninth, to the superintendent of public instruction; Tenth, to the State translator; provided, that nothing contained in this section shall be construed to prevent Proviso. the justices of the supreme court and the judges of the district courts from receiving their first quarterly payment in advance. 3306. SEC. 8. The salaries specified and fixed by law, shall be payable for the pres- Salaries, when to be paid. ent fractional fiscal year on the fifteenth day of February, thirty-first day of March, and thirtieth day of June, the several amounts due respectively on those days, and thereafter in quarterly payments on the last days of September, December, March, and June in every year; all such payments shall be made at the treasury on the warrant of the controller. [SECS. 9 and 10 prescribed the pay of the lieutenant-governor, speaker of the the house of assembly, president pro tempore of the senate, and speaker pro tempore of the assembly. They are virtually repealed by the statutes concerning salaries.] [SECS. 11, 12 and 13 were repealed by act approved May 4, 1852, 47.] 3307. SEO. 14. In addition to the salaries and contingent expenses above men- Other charges on general fund. tioned, there shall be chargeable to, and from time to time paid out of the general fund: First. The compensation fixed in the constitution of sixteen dollars per day to each of the members of the senate and assembly while in attendance, and for mileage for traveling to and going from the seat of government-to be computed according to the distance on the route most usually traveled, at the season of the year when the legislature is directed to convene-at the rate of sixteen dollars for every twenty miles, and a like allowance for mileage shall be paid the lieutenant-governor. Second. The contingent expenses of each house certified by the principal officers of each house. Third. The compensation allowed to the officers of each house, as fixed by each house respectively. Fourth. The compensation allowed by law for criminal prosecutions, and in keeping and conveying criminals to the place of confinement in the several counties of this State, to be paid on the certificate of the judges of each court respectively where such expenses may be incurred; the expenses of all printing done for the State; all moneys directed by law to be paid out of the treasury, not specially charged to any other fund. [The foregoing section has been virtually repealed as to the amount of compensation and mileage by the laws concerning salaries.] STATE SCHOOL FUND. An Act concerning the schoo. fund of the State of California. Approved April 14, 1863, 298. 3308. WHEREAS, Under authority of an act, approved May third, eighteen hundred Preamble and fifty-two, to provide for the disposal of the five hundred thousand acres of land Bonds to be redeemed for fund. granted to this State by an act of congress, passed April fourth, eighteen hundred and forty-one, there was received into the treasury, anterior to May first, eighteen hundred and fifty-eight, the sum of four hundred and seventy-five thousand five hundred and twenty dollars, for the sale of a portion of said lands; and, WHEREAS, In said act, approved May third, eighteen hundred and fifty-two, it was made the duty of the State treasurer to convert all moneys and other evidences of value therein named received for the sale of said lands, " into bonds of the civil funded debt of the State, bearing seven per cent. interest per annum, and to keep such bonds as a special deposit in his custody, marked 'School Fund,' to the credit of said school fund;" and, WHEREAS, Said provision of said act, approved May third, eighteen hundred and fifty-two, has never been complied with, all receipts for the sale of said lands, anterior to the first day of May, eighteen hundred and fifty-eight, having been placed in the general fund, and no conversion of such receipts into seven per cent. bonds for the school fund having ever been made; Now, therefore, in order to carry into effect the true and just intent of said act of May third, eighteen hundred and fifty-two, and to place the school fund of this State in its proper condition: The People of the State of California, represented in Senate and Assembly, do enact as follows: 3309. SECTION 1. Whenever bonds of this State, issued under authority of an act benefit of school entitled an act to provide for paying certain equitable claims against the State of California, and to contract a funded debt for that purpose, approved April twenty-eighth, eighteen hundred and fifty-seven, or issued under an act entitled an act to provide for paying certain equitable claims against the State of California, and to contract a funded debt for that purpose, approved April thirtieth, eighteen hundred and sixty, shall be redeemed under the provisions of said acts, such bonds to such amount as shall thus be redeemed, with the sum of four hundred and seventy-five thousand five hundred and twenty dollars, shall not be canceled, but shall be kept as a special deposit in the custody of the treasurer, marked "School Fund," in the same manner and for the same purpose as are the bonds directly purchased for said school fund. Appropriation of moneys in the military fund. SEO. 2. This act shall take effect and be in force from and after its passage. [A number of the acts relating to school lands also treat of the school funds. SEMINARY FUND. An Act to provide for the location and sale of the unsold portion of the five hundred thousand acres of land donated to this State for school purposes, and the seventy-two sections donated to this State for the use of a seminary of learning, approved April 23, 1858, 248. See LANDS OF STATE, 4005. PUBLIC BUILDING FUND. An Act amendatory of and supplemental to the above referred to act of April 23, 1858, approved February 18, 1859, 33. See LANDS OF STATE, 4009. AGRICULTURAL AND MECHANICAL ARTS COLLEGE FUND. An Act to provide for the sale of certain lands belonging to the State, approved April 27, 1863, 591. See LANDS OF STATE, 4186. SWAMP LAND FUND AND SPECIAL RECLAMATION FUND. An Act to provide for the reclamation and segregation of swamp and overflowed, and salt marsh and tide lands, donated to the State of California by act of congress, approved May 13, 1861, 355. See LANDS OF STATE, 4115 and 4143. MILITARY FUND. An Act in relation to the militia of the State, approved April 24, 1862, 362. See MILITIA, post, 4549. An Act to appropriate certain moneys out of the military fund. Approved January 23, 1864; 1863-4, 27. 3310. SECTION 1. Any moneys in the State treasury belonging to the military fund, or which may hereafter be paid into the treasury and become a part of said military fund, so far as necessary for that purpose, is hereby appropriated for the payment of all lawful claims, duly audited and allowed, against said fund, and for which warrants shall have been drawn or may hereafter be drawn by the controller of State under the provisions of the act entitled an act amendatory of and supplementary to an act entitled an act in relation to the military of this State, approved April twenty-fourth, eighteen hundred and sixty-two, approved April twenty-fifth, eighteen hundred and sixty-three. SEO. 2. This act shall take effect immediately. STATE LIBRARY FUND. An Act providing a fund for the use of the State library, approved May 1, 1852, 44. STATE SINKING FUND OF 1851. [See funding act of April 29, 1851, 301, ante, 3192.] STATE SINKING FUND OF 1852. [See funding act of May 1, 1852, 13, ante, 3211.] INTEREST FUND OF 1855. [See funding act of March 15, 1855, 48, ante, 3229.] INTEREST FUND OF 1856. [See funding act of April 19, 1856, 213, ante, 3241.] STATE PRISON FUND. 3311. An Act providing for the erection of a State prison and declaring null and void the existing State prison contract. Approved May 11, 1858, 155. [This act authorized the issuance of State prison bonds, the levy and collection of an annual tax of four cents upon each one hundred dollars valuation of taxable property for State prison purposes, and the creation therewith of a State prison fund.] 3312. An Act to authorize the redemption of State prison bonds, and to dispose of the special fund heretofore provided for their redemption. Passed April 19, 1854, 27. [This act directed the special State prison fund to be turned over to and used with the special interest and sinking fund provided by the funding act of 1852.] An Act for the government of the State prison convicts, and to provide for the location of a branch prison, approved April 24, 1858, 259. See PRISON OF STATE, 5670. STATE HOSPITAL FUND. An Act to provide for the indigent sick in the counties of this State, approved April 11, 1855, 67. See INDIGENT SICK, post, 3675, and IMMIGRATION, post, 3625. STATE INFIRMARY FUND. An Act to authorize the establishment of county infirmaries for the relief of the indigent, and to amend an act entitled "An Act to provide for the indigent sick in the counties of this State," approved April 18, 1860, 213. See INFIRMARIES, 3765. STATE WHARF AND DOCK FUND. An Act to provide for the improvement and protection of the wharves, docks, and water front in the City and County of San Francisco, approved April 24, 1863, 406. See HARBOR COMMISSIONERS, 3475. SAN FRANCISCO HARBOR PROTECTION Fund. An Act to provide for the improvement and protection of the wharves, docks, and water front in the City and County of San Francisco, approved April 24, 1863, 406. See HARBOR COMMISSIONERS, 3480. INSANE ASYLUM Fund. An Act in relation to the insane fund, passed January 28, 1854, 2, and An Act concerning the insane asylum of California, and to levy a tax therefor, approved April 25, 1863, 458. See INSANE ASYLUM, post, 3807. SWAMP-LAND FUND. [The principal legislation in regard to this fund will be found in the acts concerning swamp and overflowed lands, etc. See LANDS, post, 4081.] LEGISLATIVE FUND. 3313. [The legislative fund for the fourteenth session of the legislature was created by an act to transfer certain funds, passed January 31, 1863, 6, amended, and a special legislative fund for the fifteenth session of the legislature created, by act of January 9, 1864; 1863-4; 9; amended March 5, 1864; 1863-4, 148.] STATE CAPITOL FUND. An Act to provide a special fund for the construction of the State capitol building, at the City of Sacramento, approved March 27, 1863, 113. See REVENUE, post, 6492. ASYLUM BOND REDEMPTION AND INTEREST FUND. An Act to provide bonds for completing the deaf, dumb, and blind asylum, approved April 27, 1863, 583. See DEAF, DUMB and BLIND, ante, 2309. SOLDIERS' RELIEF FUND. An Act for the relief of the enlisted men of the California volunteers in the service of the United States, approved April 27, 1863, 662. See MILITARY COMPANIES, post, 4500. PACIFIC RAILROAD FUND. An Act to aid the construction of the Central Pacific Railroad, and to secure the use of the same to this State for military and other purposes, and other matters relating thereto, approved April 4, 1864; 1863-4, 344. See PACIFIC RAILROAD, post, 4794. LINE OFFICERS' RELIEF FUND. An Act for the relief of the line officers of the California volunteers in the service of the United States, approved April 4, 1864; 1863-4, 424. See MILITARY COMPANIES, post, 4517. SOLDIERS' BOUNTY FUND. An Act granting bounties to the volunteers of this State enlisted in the service of the United States, for issuing bonds to provide funds for the payment of the same, and to levy a tax to pay such bonds, approved April 4, 1864; 1863-4, 486. See MILITARY COMPANIES, post, 4537. TRANSFER OF FUNDS. 3314. [Acts to transfer certain funds have been approved as follows: To transfer $100,000 from swamp-land fund to general fund, January 26, 1861, 4. To transfer $93,666 43 from swamp-land fund to general fund, March, 15, 1861, 55. To transfer $100,000 from swamp-land fund to general fund, January 15, 1862, 1. To transfer $863 29 from military fund to general fund, March 5, 1862, 32. To tranfer $100,000 from swamp-land fund to general fund, March 11, 1862, 56; amended To transfer $180,000 from the swamp-land fund to legislative fund, January 31, 1863, 6; To transfer $8,000 from legislative fund to pay contingent expenses of senate and assembly, To transfer $5,000 from legislative fund to pay contingent expenses of senate and assembly, Killing of quails, Proviso. Game. [An Act for the protection of game, approved May 1, 1852, 134; amended May 17, 1853, 195; extended March 18, 1854, 43, April 13, 1854, 62, and April 17, 1855, 123, was repealed by the following act.] An Act for the protection of game. Passed May 15, 1854, 262. 3315. SECTION 1. It shall not be lawful for any person, or persons, hereafter to take, kill, or destroy, any of the following game within the time hereinafter specified, namely: quails, partridges, or grouse, mallard duck, wood duck, teal duck, and spoonbill duck, and all other broad bill ducks, shall not be taken, killed, or destroyed, between the fifteenth day of March and the fifteenth day of September in each year; provided, that in the counties of San Bernardino and Los Angeles, the taking, killing, or destroying, of any of the birds, or game, above enumerated, shall be lawful at any time between the first day of August and the first of April of each year, and at no other time. [Amendment, approved April 17, 1861, 185. 3316. SEC. 2. It shall not be lawful for any person or persons hereafter to take, Elk, deer and antelope. kill, or destroy the male or female of any elk, deer or antelope, between the first of January and the first day of July, in each year. 3317. SEC. 3. Any person or persons offending against either of the provisions con- Violations of act. tained in the preceding sections, or who shall buy, or sell, or expose to be sold, any such game, above enumerated, or have any of the same in their possession, within the time and times therein specified, except such as are tamed and kept for show or curiosity, shall be fined in the sum of twenty-five dollars, for each and every quail or partridge, mallard duck, wood or summer duck, elk, deer, or antelope, so taken, killed or destroyed, bought or sold, or expose to be sold, or in possession. fines. 3318. SEC. 4. The fines imposed by this act shall be paid, one-half to the informer, Disposition of and one-half into the county treasury of the county, where such fines may be imposed, and shall be set apart as a school fund. [Amendment, approved April 16, 1857, 202. 3319. SEC. 5. It shall be the duty of the justice of the peace, within each of the Jurisdiction. said counties, to take cognizance of any and of all offenses against either of the provisions of this act, and all suits thereunder shall be prosecuted in the name of the people of the State of California, against the person or persons offending. 3320. SEC. 6. Each and every person or persons offending against the provisions of Penalty. this act, shall be guilty of a misdemeanor, and shall be punished, upon conviction, by a fine of not more than five hundred dollars, or imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment. SEC. 7. The act entitled "An Act for the protection of game," passed May first, eighteen hundred and fifty-two, is hereby repealed. 3321. SEC. 8. It shall be the duty of all sheriffs, their deputies, and constables, Duty of officers. whenever they become cognizant of any offense against the provisions of this act, to bring it to the notice of those having competent jurisdiction over all such offenses. [Additional section, approved April 16, 1857, 202. [An Act supplemental to the foregoing act of May 15, 1854, approved April 30, 1860, 344 exempting Los Angeles, San Diego, San Luis Obispo, Mendocino, Santa Barbara, and San Bernardino Counties from the provisions of the act of May 15, 1854, was repealed, first in respect to San Luis Obispo County by act approved March 23, 1861, 63, and afterwards entirely by act approved April 17, 1861, 185.] Gaming. [An Act to licence gaming, passed March 14, 1851, 165, amended April 20, 1851, 166, was repealed by the following act.] games of chance. 3322. SECTION 1. Every person who shall open or cause to be opened, any gaming Opening, dealing, conducting bank or game of chance, the whole or part of which belongs to him, in any house or or permitting other place whatsoever, whether the said house or place be owned or usually occupied gaming-books or by said person or not; and likewise every person who shall deal for, or otherwise con- 7 Cal. 208. duct, or assist in conducting the affairs of such bank or game; and also every person who shall permit such bank or game to be opened in any house under his control, may be prosecuted by indictment by the grand jury of the county in which the offense shall have been committed; or before any justice of the peace, or recorder's court of said county; and on conviction, upon evidence of one or more credible witnesses, shall be fined in a sum not exceeding five hundred dollars, nor less than one hundred dollars for the first offense, and double such amount for each subsequent offense; and in all cases, the house or place, in which such illegal gaming is carried on or held, except it be done without the knowledge of the owner thereof, shall be held liable for the fines imposed on persons for such illegal gaming within the same. 3323. SEC. 2. The owner, tenant, or occupant of any house or building, in which Owner of gambling-houses. money or goods shall have been lost by gaming, with the knowledge or consent of such owner, occupant or tenant, shall, on conviction thereof, be fined not exceeding five hundred dollars, nor less than one hundred dollars for the first offense, and double such amount for each subsequent offense. contracts void 3324. SEC. 3. All notes, bills, bonds, mortgages or other securities or conveyances Gaming whatever, in which the whole or any part of the consideration, shall be for any money or goods, won by gaming or playing at cards, dice or any other game whatever, or by betting on the sides or hands of any person gaming, or for reimbursing or repaying any |