Obrázky stránek

To transmit co

pies of field notes

veyor General.

reasonable hire of all assistance necessary to be employed in making the survey.

SEC. 13. Each County Surveyor, immediately after making any and plots to Sur- survey, except surveys of city or town lots, shall make out a copy of the field notes and plot, and transmit the same to the Surveyor General, indicating plainly upon the plot, at what point of any line, any river, or stream, or county line is touched or crossed. When To give informa- called upon so to do, he shall communicate to the Surveyor General, such information concerning surveys made by him, and other matters connected with the duties of his office, as may be required.

tion to Surveyor


County Surveyors to aid Surveyor General. Proviso.

Penalty on

Surveyor failing to perform his duties.

SEC. 14. Each County Surveyor shall aid and assist the Surveyor General, when required so to do, in making observation surveys within the county: Provided, he shall not be required to give such aid or assistance for more than two days in each year.

SEC. 15. Any County Surveyor who shall fail or refuse to perform any of the duties required of him by this act, shall be fined in a sum not exceeding two hundred dollars.

State library


AN ACT defining the duties of the State Librarian, and prescribing rules for the government of the State Library.─[Passed April 9, 1850.]

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

SECTION 1. All books now belonging to or which may hereafter how composed. come into possession of this state, by purchase or otherwise, shall be kept in the office of the Secretary of State, and shall compose the state library.

Secretary of State to have charge of library.

Members of legislature, etc., may take books' from library.

SEC. 2. The Secretary of State, as State Librarian (1), shall take charge of the library and all papers, maps, and charts properly belonging thereto, under such regulations as are hereinafter established, and shall take special care that none of them be lost or injured. (2)

SEC. 3. Books may be taken from the state library by the members of the legislature and its officers during the session of the same, and

(1) See Stat. 1852, page 44, Sec. 6. (2) Ante. page 79 Sec. 9.

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time by the Governor and the officers of the executive department of this state who are required to keep their offices at the seat

of government, the Justices of the Supreme Court, and Attorney General: Provided, that no person shall be permitted to take or re- Number of tain from the library more than two volumes of miscellaneous works taken at one at any one time.

volumes to be



may be retained

SEC. 4. The Librarian shall cause to be kept a register of all Register of books books issued and returned, at the time they shall be so issued or returned; and none of the books, except the laws, journals, and reports How long books of this state, which may be taken from the library by members of the legislature or its officers during the session, shall be retained Dore than two weeks, and all the books taken by the members of the legislature or its officers, of every kind, shall be returned at the close of the session.

ing or failing to

SEC. 5. If any person injure or fail to return any books taken from Penalty for injur the library within the time prescribed in the foregoing section, he shall return books. forfeit and pay to the Librarian for the benefit of the library three

ance not to be

until all books

times the value thereof or of the set to which it belongs; and before Per diem allowthe Comptroller shall issue his warrant in favor of any member or paid to legislators officer of the legislatureo r of this state, for his per diem allowance returned, etc. or salary, he shall be satisfied that such member or officer has returned all books taken out of the library by him, and has settled all accounts for injuring such books or otherwise.


SEc. 6. All fines and forfeitures accruing under and by virtue of Penalties-how this act, shall be recoverable by action of debt before any Justice of the Peace or court having jurisdiction of the same, in the name of the people of the state of California, for the use of the state library, and in all such trials the entries of the Librarian, to be made as hereinbefore described, shall be evidence of the delivery of the book or books, and of the dates thereof; and it shall be his duty to carry the provisions of this act into execution, and sue for all injuries done to the library, and for all penalties under this act.

Act to be printed,

SEC. 7. The Librarian shall cause the third, fourth, fifth, and sixth Sections of this sections of this act to be printed, and pasted inside of the cover, and and pasted in the words, "California State Library," stamped upon the back of each volume belonging thereto.

books, etc.


SEC. 8. The Librarian shall cause to be bound in neat substantial Books to be binding, all laws, journals, reports, pamphlets, and other documents which may be received in a condition requiring such binding, from any


source whatever; and all moneys necessary to carry out the provisions of this and the preceding section shall be paid out of any money in the treasury not otherwise appropriated.

Wrecked vessels, etc., to remain

property of


Sheriff to keep possession of property until owner found.

Perishable property to be sold.

Sale to be at public auction.


AN ACT concerning Wrecks and Wrecked Property.—[Passed
April 10, 1850.]

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



SECTION 1. No ship, vessel, or boat, nor any goods, wares and merchandise, that shall be cast by the sea upon the land, shall be deemed to belong to the people of this state as wrecked property, but recovered by the owner, consignee, or person having charge thereof at the time of the happening of the disaster by which the wreck was occasioned, upon the payment of a reasonable salvage and necessary expenses.

SEC. 2. The Sheriff of every county in which any wrecked property may be found, when no owner or other person entitled to the possession of such property shall appear, shall have power, and it shall be his duty, to pursue all necessary measures for saving and securing such property; to take possession thereof, in whose hands soever the same may be, in the name of the people of this state; to cause the value thereof to be appraised by indifferent persons, and to keep the same in some safe place to answer the claims of such persons as may hereafter appear entitled thereto.

SEC. 3. If the property so saved shall be in a perishable state, so as to render the sale thereof expedient, it shall be the duty of the officer in whose custody the same shall be, to apply to the County Judge, by a petition, supported by an affidavit of the facts, for an order authorizing such sale; and if the Judge to whom such application shall be made, shall be satisfied that the sale of the property would be most beneficial to the parties interested, it shall be his duty to make the order so applied for.

SEC. 4. If such order be made, the officer having custody of the property directed to be sold, shall sell the same at public auction, at the time and in the manner that shall be specified in the order; and the proceeds of such sale, deducting the expenses thereof, as the same

shall be settled and allowed by the Judge making the order, shall be paid to the Treasurer of the county in which the property shall have been found.

SEC. 5. If, within a year after such wrecked property shall have been found and saved, any person shall claim the same, or the proceeds thereof, as owner or consignee, or as the agent of the owner or consignee, and shall establish his claim by evidence which the County Judge shall deem to be satisfactory, it shall be the duty of such Judge to make an order, directing the officer in whose possession such property or the proceeds thereof shall be, to deliver or pay the same to the claimant, upon the payment of a reasonable salvage, and all necessary expenses incurred in the preservation and keeping of such property.

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SEC. 6. No such order shall, however, he made, unless the claimant Claimant to indemnify against shall deliver to such Judge a bond, with one or more sufficient sure- other claims. ties, to be approved by the Judge, conditioned for the payment of all damages that may be recovered against such claimant or his representatives, within two years after the date of such bond, by any person establishing his title as owner of the property or proceeds to be delivered. The bond shall be made payable to the state, and the penalty shall be double the value of the property or proceeds before mentioned.

to be filed, and

SEC. 7. The bond shall be filed in the Clerk's office of the county Indemnity bond in which it shall be taken. If it shall become forfeited it shall be how enforced the duty of the County Judge, upon the application, supported by due proof, of the person entitled to the damages mentioned in the condition of the bond, to make an order for the prosecution thereof for the benefit of such person, and at his risk and expense.

claim by County

a suit by

SEC. 8. The rejection by the Judge to whom it may be exhibited, Rejection of of any claim for wrecked property, shall not preclude the claimant Judge not to bar from maintaining a suit for the recovery of such property, or its pro- claimant. ceeds, against the officer in whose hands the same shall be put. If the plaintiff in any such suit shall prevail, there shall be deducted, in addition to the salvage and expenses charged on the property from the damages to be recovered, all the costs of the defendant in making his defence.


SEC. 9. It shall be the duty of every officer to whom any order Claimant to pay duly made for the delivery of wrecked property, or the payment of its proceeds, shall be directed, to present to the claimant exhibiting such order a written statement of the claims for salvage and expenses on such property and proceeds. If the claimant shall refuse to allow

Sheriff to aid stranded vessels.

Magistrates to aid sheriff.

Who entitled to salvage.

Salvage not to exceed half


such claims, the amount of such salvage and expenses shall be adjusted in the manner hereinafter provided; and in all cases, after the payment or tender of the payment of such salvage and expenses as agreed to or adjusted, the officer in whose custody such property or proceed shall be, shall deliver or pay the same, according to the terms of the order directed to him.

SEC. 10. It shall be the duty of the Sheriffs in the several counties to give all possible aid and assistance to all vessels stranded on the coasts of their respective counties, and to the persons on board the same, and to use their utmost endeavors to save and preserve such vessels and their cargoes, and all goods and merchandise which may be cast by the sea upon the land, and in the performance of these duties they shall employ such and so many men as they may respectively think proper.

SEC. 11. It shall be the duty of all magistrates, constables, and citizens, to aid and assist the Sheriff, when required, in the discharge of his duties prescribed by this act.

SEC. 12. All Sheriffs, and all persons employed by them, and all other persons aiding and assisting in the recovery and preservation of wrecked property, shall be entitled to a reasonable allowance as salvage for their services, out of the property saved; and the officer having the custody of such property shall detain the same until such salvage and expenses shall be paid.

SEC. 13. The whole salvage that shall be claimed in any case shall value of property not exceed one half of the value of the property or proceeds on which such salvage shall be charged; and every agreement, order, or adjustment allowing a greater salvage shall be void, unless otherwise specially ordered and allowed by the County Judge.

Where salvage disputed, application may be

made to appoint appraisers.

Appraisers may be appointed.

Appraisers to be

SEC. 14. If in any case the amount of salvage and expenses on property saved shall not be settled by the agreement of the parties, the owner or consignee of such property, or the master or supercargo having charge thereof at the time the same was wrecked, or a claimant having an order for its delivery, may apply to the Judge of the county in which such property shall be, for the appointment of suitable persons or appraisers to adjust and settle the amount of such salvage and expenses.

SEC. 15. It shall be the duty of the Judge to whom such application shall be made, by an order under his hand and seal, to appoint three disinterested freeholders of the county to adjust and settle such salvage and expenses.

SEC. 16. The persons so appointed, before they shall enter on the

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