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legal authority, and to attend upon the Recorder's Court regularly. He may appoint one or more deputies, who shall possess the same power and authority as the Marshal; he shall arrest all persons guilty of a breach of the peace, and of a violation of the city ordinances, and bring them before the Recorder for trial, and he shall possess superintending control over the city Police; he shall, also, until otherwise provided by ordinance, perform all the duties of Collector of city taxes.


SEC. 26. It shall be the duty of the Assessor, in addition to the Duties of duties that may be prescribed to him, or them, by the Common Council, to make out within such time as the Common Council shall order, a correct list of all the property taxable, by law, within the limits of said city, with the valuation thereof, which list, certified by him or them, shall be returned to the Common Council. The mode of making out said list, and of ascertaining the value of property, and of collecting all taxes, shall be the same as prescribed by the law for assessing and collecting the state tax.


SEC. 27. It shall be the duty of the City Attorney to attend to all Duties of city suits, matters, and things in which the city may be legally interested; to give his advice or opinion, in writing, whenever required by the Mayor or Common Council, and to do and perform all such things touching his office, as by the Common Council may be required of him.


SEC. 28. It shall be the duty of the Treasurer to receive all Duties of treamoneys that shall come to said city, either by taxation or otherwise, and to pay the same out on the certificate of the President of the Common Council, and to do and perform all such other acts as shall be prescribed to him by the Common Council. He shall, on the first day of January, April, July, and October, of each year, make out and present to the Mayor, a full and complete statement of the receipts and expenditures of the preceding three months, which statement the Mayor shall cause to be published.

may create


SEC. 29. The Common Council shall have the power to create the Common council office of City Collector, and such other offices as they may deem tain offices. necessary; and to prescribe the duties of all city officers, subject to

the provisions of this act.

take oath, and

certain to give bonds.

SEC. 30. All city officers, before entering upon the duties of their All city officers to office, shall take the oath of office. The Marshal, Attorney, Asssessor, and Treasurer, shall also give bond, with sureties to be approved by the Mayor, payable to the corporation by its corporate name, in such penalty as may be prescribed by ordinance, conditioned for the faithful

When office

deemed vacant.

Election of officers.

performance of the duties of their office; and the like bond may be required of any officer whose office may be created by ordinance. Should the bond of any city officer become insufficient, he may be required to give additional bond, and upon his failure so to do, his office shall be deemed vacant.

SEC. 31. On some day to be fixed by special act passed by the legislature, or by order of the County Court, an election shall be held to fill the offices created by this charter. At said election, the electors present shall appoint three persons to act as judges, who shall, with two clerks to be appointed by them (the said officers having been first sworn), conduct the election and declare the result. The persons who shall have received a plurality of votes for the several offices shall be declared duly elected, and the judges shall deliver to such persons certificates of election. The Mayor, Recorder, and Councilmen, chosen at such election, shall be qualified within three. days thereafter, and shall enter upon the discharge of their duties. Officers-when to The other officers elected shall qualify within ten days after the day of election. The said officers shall hold office until the first Monday of May next thereafter, and until their successors are elected and qualified.


Term of office.

Subsequent elec

tions-when to be

be conducted.

SEC. 32. After the first election, the officers mentioned in the eighth held, and how to section of this act, and all others whose offices have been created by ordinance, shall be elected on the first Monday in May of each year, and their term of office shall be for one year, and until their successors are elected and qualified. In case of a vacancy in any city office, an election shall be ordered to fill the same. It shall be the duty of the council to order all elections, and to designate the place of holding the same; to give at least ten days' notice thereof, and to ap point an inspector of elections at each place of voting. The election shall be conducted according to the provisions of the act to regulate elections. If any inspector fail to attend, the electors present may appoint another in his stead. The returns of all elections shall be made to the Common Council, who shall declare the result thereof, and give certificates of election to the person chosen.

Offices-when deemed vacant.

When mayor and council may pave

SEC. 33. If any person, elected to any city office, shall remove from the city, absent himself therefrom for more than thirty days, without leave from the council, or shall fail to qualify within ten days after the day of election, his office shall be deemed vacant.

SEC. 34. Whenever the owners of a major part of the property, streets and con- fronting on any street or avenue, desire to improve such street, by struct sewers on paving the same, or constructing sewers, or otherwise, the Mayor and


Council may make such improvement, at the expense of all the request of
owners of property on said street, which expense shall be in propor-
tion to the number of feet owned by each one.


AN ACT to regulate the interest of Money.-[Passed March 13,


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

ten per cent.

SECTION 1. When there is no express contract in writing fixing a Rate of interest different rate of interest, interest shall be allowed at the rate of ten per cent. per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, on any judgment, recovered before any court in this state, for money lent, for money due on the settlement of accounts, from the day on which the balance is ascertained, and for money received to the use of another.

SEC. 2. Parties may agree in writing for the payment of any rate of interest whatever on money due, or to become due on any contract. Any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.

Parties may

agree for any rate

of interest.


SEC. 3. The parties may in any contract in writing, whereby any Compound debt is secured to be paid, agree, that if the interest on such debt is not punctually paid it shall become a part of the principal, and thereafter bear the same rate of interest as the principal debt.


AN ACT empowering the Governor to appoint Commissioners of
Deeds, and defining the Duties of such Officers.-[Passed March
20, 1850.]

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

SECTION 1. The Governor may, when in his judgment it may be Commissioners necessary, appoint in each of the United States one or more commis- appointed.

may be

Power of commissioners.

Effect of certain acts done by commissioners.

Commissioners to take oath.

sioners, to continue in office four years, unless sooner removed by the Governor. Every such commissioner shall have power to administer oaths and to take depositions and affidavits to be used in this state; and also to take the acknowledgment or proof of any deed or other instrument to be recorded in this state.

SEC. 2. All oaths administered by said commissioners, all depositions and affidavits taken by them, and all acknowledgments and proofs aforesaid, certified by them, shall have the same force and effect in law, to all intents and purposes, as if done and certified by any Recorder or other officer within this state, authorized by law to perform such acts.

SEC. 3. Before any commissioner, appointed as aforesaid, shall proceed to perform any of the duties of his office, he shall take and subscribe an oath before any officer duly authorized to administer oaths in the state, for which such commissioner may be appointed, that he will faithfully perform and discharge all the duties of his Oath to be filed. Office; which oath shall be filed in the office of Secretary of State of California, within six months after the taking the same.


to be furnished with copies of this act.

Commissioners' names to be published.

SEC. 4. It is hereby made the duty of the Secretary of State to furnish each commissioner, appointed as aforesaid, with a copy of this


SEC. 5. The names of all persons appointed commissioners under this act shall be published at least three times in some weekly newspaper published in this state.

Term of office.

To give bond.


AN ACT concerning the office of County Treasurer. (1)—[Passed
March 27, 1850.]

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

SECTION 1. The County Treasurer shall hold his office for the term of two years from the time of his election, and until his successor is chosen and qualified. (2)

SEC. 2. Each County Treasurer, before entering on the duties of

(1) Stat. 1851, page 417, Sec. 14.

(2) Stat. 1851, page 405.

his office, shall enter into bond, with two or more sufficient freehold sureties, to the acceptance of the Court of Sessions of his proper county, in a penalty of double the probable amount of money that may at any time come to his hands as such Treasurer, with condition for the paying over all moneys according to law which shall come into his hands for state, county or other purposes, and that he will faithfully and promptly discharge all the duties of his said office, that are now or may hereafter be enjoined on him by law.

SEC. 3. He shall likewise take the oath prescribed by law, to be Take oath of endorsed on his certificate of election, before entering on the duties

of his office.



SEC. 4. Whenever the office of County Treasurer shall become Vacancies-how vacant by death, removal out of the county, resignation, neglect to give bond, or from any other cause, the Court of Sessions shall forthwith convene and appoint some suitable person to fill such vacancy; and the person so appointed shall give bond and take the oath in the like manner as required of County Treasurers in the second section of this act, and shall hold his office until the expiration of the term for which his predecessor was elected or appointed, and until his successor is chosen and qualified.

SEC. 5. Each County Treasurer shall keep his office at the seat of justice for his county, and shall keep a fair and accurate account of all money by him received, showing the amount thereof, the time when, from whom, and on what account received; also of all disbursements by him made, showing the amount thereof, the time when, to whom, and on what account paid; and he shall so arrange his books that the amount received and paid on account of separate and distinct funds or specific appropriations shall be exhibited in separate and distinct accounts, as well as that the whole receipts and expenditures shall be shown by one general or cash account; but no money received for taxes charged on the duplicate of the current year shall be by the Treasurer entered on his account with the county, until he shall have made his annual settlement therefor with the County Auditor.

To keep office at and account of disbursements.

seat of justice,

receipts and

SEC. 6. It shall be the duty of the County Treasurer to receive all To receive and moneys due and accruing to the county, or which are required by law pay moneys. to be paid to him or into the County Treasury, and to pay and disburse the same on the warrant of the County Auditor, founded on orders made by the Court of Sessions.

for moneys paid

SEC. 7. When any money shall be paid to the County Treasurer To give receipts (except such as shall have been paid on account of taxes charged on him. the duplicate), he shall give to persons paying the same a receipt

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