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to obtain and preserve the genuine vaccine matter, and furnish the same to the citizens of this state, according to the provisions of this act."


SEC. 3. It shall be the duty of said agent, to furnish the genuine Duty and vaccine matter to any regular practicing physician, in good standing, in his profession, in this state, and give a certificate, setting forth the quality of the matter, and his authority under this act; which certificate shall be sufficient evidence for its use in any part of this state; and said agent shall be entitled to charge and receive for every parcel of vaccine matter so furnished, the sum of five dollars, and one dollar for the certificate; which shall be in full compensation for the services and expenses of said agent.

SEC. 4. This act shall take effect from and after its passage.

Commencement of act.


AN ACT authorizing the Governor to offer Rewards for the Apprehension of Criminals.—[Passed April 29, 1851.]

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

offer rewards for

of certain

SECTION 1. If any person who has been sentenced to confinement Governor may in the state penitentiary by any court having competent authority the apprehension within this state, shall escape therefrom, or if any person shall com- criminals. mit treason against the state, or shall be charged with murder or the perpetration of any crime punishable with death, the governor is authorized, upon satisfactory evidence of the guilt of the accused, to offer a reward for his or their apprehension, which reward shall not exceed the sum of one thousand dollars, and shall be paid out of the general fund.

SEC. 2. This act shall take effect from and after its passage.

When act to take effect.

County treasurer's oath in making annual settlement.

Treasurer's receipt.

Act, when to take effect.


AN ACT supplementary to an Act entitled "An Act concerning the office of County Treasurer," passed March twenty-seventh, one thousand eight hundred and fifty. (1)—[Passed April 11, 1851.]

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

SECTION 1. It shall be the duty of each collector or county treasurer, and they are hereby required to make oath to the state comptroller, when making their annual settlement as required by law, that the money paid over by them into the state treasury at such settlement, whether coin, state, or county warrants, is of the same denomination as that received by them in the discharge of their official duties, and that in no case where gold dust or coin has been received by them for taxes or otherwise, has the money thus received been converted into or used for the purchase of county or state bonds or warrants: Provided, that it shall be the duty of collectors of taxes to furnish to the parties paying the same in every case a receipt specifying the kind of money in which payment has been made, whether gold and silver, or state or county scrip or warrants, and to file such receipt in duplicate, in the office of the clerk of the county for three months after the first of January in each fiscal year, after which time they shall be filed in the office of the comptroller of state.

SEC. 2. This act shall take effect from and after the first day of May next after its passage.

Officers and


AN ACT prescribing the Amount of Compensation and Mode of
Payment to Persons who have Performed Military Services for
the State of California, and Expenses incurred therein.-[Passed
March 7, 1851.]

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

SECTION 1. There shall be paid to the officers and soldiers who soldiers engaged have heretofore rendered actual military service to the state of Cali

in Indian Wars

to be paid.

(1) See page 110.

fornia, in compliance with an order from the executive of this state in all Indian wars, since the thirteenth day of November, one thousand eight hundred and forty-nine, the following pay per diem for the number of days of actual service rendered by each, to wit: To each major, fifteen dollars per day; to each captain, twelve dollars per day; to each lieutenant, ten dollars per day; to each sergeant, seven dollars per day; to each corporal, six dollars per day; to each private, five dollars per day; to each quartermaster, twelve dollars per day; to each commissary, twelve dollars per day; to each surgeon, twelve dollars per day; to each adjutant, twelve dollars per day. Each officer and private who may have furnished his own horse or horses, shall be allowed one dollar per day for each horse so furnished: Provided, the number furnished shall not exceed the number of horses allowed to officers and privates in the United States army; and further provided, that each officer shall make affidavit before some judge or justice of the peace, that such horse or horses were actually in use by him in the campaign for the time charged, were necessary for the service, and are not allowed for or to be allowed as the property of any other individual in service, which affidavits shall be returned by the paymasters, as hereinafter provided for in the return of vouchers.


SEC. 2. The amount of compensation to be paid under the provis- Amount of ions of the first section of this act, shall be ascertained from the re- how ascertained. turns of the proper commanding officer or officers, now on file in the adjutant general's office.


SEC. 3. All necessary expenses incurred in arming, equipping, and Expenses of for provisions and clothing furnished to or for the use of persons who have been in actual military service, shall be paid on the certificate of the proper officer or officers, now on file in the adjutant general's office.

SEC. 4. That William Rogers, of El Dorado county, and William Paymasters. Foster, of Los Angeles, are hereby appointed paymasters, to pay

and liquidate all claims against this state for actual military services rendered, as hereinafter provided.


SEC. 5. Said William Rogers shall pay and liquidate all claims for Paymaster services rendered and expenses incurred by the troops under the command of Major William Rogers, in El Dorado, Sutter and Yuba counties.


SEC. 6. Said William Foster shall pay and liquidate all claims for Paymaster services rendered and expenses incurred by the troops under the command of General Joseph C. Morehead, engaged in what has been commonly denominated the Gila expedition.

When and where

paymasters to perform duties.

Board to audit

accounts of paymasters.

Comptroller to issue his warrant to paymaster.

Treasurer to deliver War Loan Bonds to paymasters.

Paymaster to give bond.

Compensation to paymasters.

Vacancy in office of paymaster.

Comptroller to file paymasters' accounts

Rules as to payments.

SEC. 7. The said paymasters may attend at such times and places to perform the duties assigned them in this act, as the commanderin-chief may direct.

SEC. 8. The comptroller and treasurer of state are hereby jointly constituted an examining board, to whom the accounts and vouchers of the paymasters shall be returned for examination and approval, on or before the first day of January, one thousand eight hundred and fifty-two; in default of which settlement, it shall be the duty of the comptroller to proceed against such defaulter in the manner provided by law for the enforcement of payments due the state, and the defaulter shall likewise be subject to the same damages as provided by law in like cases.

SEC. 9. The comptroller of state is hereby authorized to issue his warrant on the treasurer of state for the sum of one hundred thousand dollars, payable to William Rogers out of the "War Loan Fund," and a similar warrant to William Foster for one hundred and twenty-five thousand dollars, payable out of the same fund, to enable them to make the payments specified in this act.

SEC. 10. The treasurer may pay and deliver to said paymasters on such warrants in any sum bonds of the War Loan, that in their judgment can be paid out or sold in discharge of any indebtedness to be liquidated under this act.

SEC. 11. Each of the paymasters appointed by this act shall execute a bond in the penal sum of such amount as may be by each received, with sureties, to be approved by the governor, comptroller and treasurer, for the faithful performance of the duties entrusted to them by this act.

SEC. 12. Said paymasters shall each receive for his services rendered under this act, seven per centum on the amount disbursed by each in discharge of his duties.

SEC. 13. That in default of said paymasters accepting their appointments, or in the event of the death or resignation of either, the vacancy shall be filled by appointment by the governor, and the person appointed shall give like bond as required by this act.

SEC. 14. The comptroller shall file in his office all accounts and vouchers which may have been rendered by either paymaster, and shall hold such accounts subject to the examination of the legisla


SEC. 15. In the application and construction of the payments to be made as herein contemplated, it shall be the duty of the disbursing officers to be guided by the rules and regulations in force for like disbursements to volunteers in the service of the United States.


AN ACT to prohibit Officers from being interested in Certain Contracts. (1)-[Passed May 1, 1851.]

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

not to be

certain contracts.

SECTION 1. That it shall not be lawful for any officer of state or Certain officers member of legislature, alderman, or member of the common council interested in of any city in this state, or for the trustees of any city, town, or village, or for the supervisor of any county, to become a contractor under any contract or order for supplies authorized by or for the state, or any department thereof, or the legislature, or either branch thereof, or by or for the aldermen or common council, board of trustees, or board of county supervisors of which he is a member, or to be in any manner interested directly or indirectly as principal in any such


SEC. 2. That it shall not be lawful for any town, city, county, or The like. state officer, or member of the legislature, to be interested in any contract made by such officer or legislature of which he is a member; or be a purchaser, or be interested in any purchase at any sale made by such officer, or a seller at any purchase made by such officer in the discharge of his official duties.

violation of this

SEC. 3. That all contracts made in violation of the provisions of Contracts in the first and second sections of this act, may be declared void at the act void. instance of the city, town, or village, or county interested, or of any other party interested in such contract, except the officers prohibited in said sections from making or being interested in such contract. SEC. 4. Any person violating the provisions of this act directly or Punishment for indirectly, shall forfeit his office, and shall be punished by fine not act. less than five hundred, nor more than five thousand dollars, or by imprisonment in the county jail for not more than six months, or both.

(1) See chapter 88.

violation of this

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