Appendix to the Journals of the Senate and Assembly ... of the Legislature of the State of California ...

19 that effect, satisfy the Collector of the correctness of his statement 20 by affidavit or otherwise, and for that purpose the Collector is em21 powered to administer such oath or affirmation. All foreigners not 22 eligible to become citizens of the United States, residing in any 23 mining district in this State, shall be considered foreign miners 24 under the provisions of this Act. Every subsequent license after 25 the first, when issued to the same person, shall be dated from the 26 expiration of the former license.

SEC. 187. The Collector shall receive for his services twenty per cent. of all moneys collected from foreign miners' licenses; and fifty 3 per cent. of the net proceeds of all moneys collected for foreign 4 miners' licenses shall be paid into the County Treasury for the use 5 of the State; the remaining fifty per cent. of the net proceeds shall 6 be paid into the Treasury for the use of the county; provided, that 7 in counties where the Taxcollector receives a specific salary, he may 8 retain for his use the fees allowed for collecting foreign miners' 9 and other licenses under the provisions of this Act, which shall be 10 paid to the principal or deputy, as the case may be, who shall ae11 tually engage in the collection of such tax or license.

SEC. 188. Any person charged with the collection of foreign 2 miners' license tax who shall give any receipt other than the receipt 3 prescribed in this Act, or receive money for such license without 4 giving the necessary receipt, or who shall insert more than one name 5 in the same receipt, or who shall knowingly and wilfully insert the 6 wrong name therein, shall be guilty of a felony, and upon convic7 tion shall be fined in a sum not exceeding one thousand dollars, 8 and be imprisoned in the State Prison not exceeding one year.

SEC. 189. Any Taxcollector who shall sell or cause to be sold any 2 foreign miners' license with the date of the sale left blank, or which 3 shall not be dated and signed by the Controller, Auditor and the 4 Taxcollector, and any person who shall make any alteration, or cause the same to be made, in any license, shall be guilty of felony, 6 and upon conviction shall be fined in a sum not exceeding one thou 7 sand dollars, and imprisoned in the State Prison not exceeding three 8 years; and the license so sold with blank date, or which shall not 9 be signed and dated, and have blanks filled as aforesaid, or which 10 shall have been altered, shall be received in evidence in any Court 11 of competent jurisdiction.

SEC. 190. Any person or company hiring foreigners, or inter2 ested with them as partners, or renting, or on shares, or in any manner connected with any foreigner or foreigners in working or 4 in possession of any mining ground in this State, shall be held liable. 5 for the amount of license of each and every foreigner with whom such person or company is so connected or interested. All mining 7 ground worked or possessed, all improvements, all tools and ma8 chinery used in working such ground by said person or company, 9 shall be subject to sale for the payment of said license tax, in the manner provided in this Act. The Collector shall have power to 11 require any person or company believed to be indebted to, or to 12 have money, gold dust or property of any kind belonging to, any 13 foreigner, or in which any foreigner is interested, in his or their

14 possession, or under his or their control, to answer, under oath, as to such indebtedness or the possession of such money, gold dust or 16 other property. In case a party is indebted, or has possession or 17 control of any moneys, gold dust or other property, as aforesaid, of 18 such foreigner or foreigners, he may collect from such party the 19 amount of such license, and may require the delivery of such money, 20 gold dust or other property, as aforesaid; and in all cases the re21 ceipt of the Collector to said party shall be a complete bar to any

demand made against said party or his legal representative for the 23 amounts of money, gold dust or other property embraced therein; 24 and provided, that whenever, from any cause whatever, the Collector 25 shall be unable to collect the foreign miners' license from any per26 son liable to pay the same, he shall certify to the Road Overseer of 27 the district the name or description of the person and the amount 28 due, and such person shall, upon the requisition of the Overseer, 29 work upon the public roads of the district a sufficient number of 30 days to exhaust said sum by crediting against it one dollar for each 31 day's work; and every person so liable to work, and refusing so to 32 do, shall be guilty of a misdemeanor, and upon conviction shall be 33 punished by imprisonment for not less than five nor more than 34 thirty days.

SEC. 191. Any person or company hiring such foreigners, as aforesaid, to work in the mines of this State shall be liable for the amount of the license for each person so employed.

SEC. 192. All licenses mentioned in this Act for State and county 2 purposes (except where the entire amount received is paid into the 3 County Treasury for county purposes), all poll tax receipts and all 4 foreign miners' licenses shall be issued from the Controller's office, 5 and such foreign miners' licenses shall be numbered consecutively, 6 commencing with number one, on the second Monday in November 7 of each year; and all such licenses for State and county purposes, 8 and all foreign miners' licenses and all poll tax receipts, shall be 9 signed by the Controller of State, or by a deputy appointed by him 10 especially for that purpose.

SEC. 193. The Controller of State shall prepare printed forms of 2 each class, kind and description of licenses, poll tax receipts and 3 foreign miners' licenses, where such forms are not herein specially 4 provided for, upon such paper and in such manner as he shall think 5 advisable; and he shall from time to time furnish such licenses and 6 poll tax receipts to the officers of the several counties as herein 7 directed, when the same shall be required, and charge the respective 8 officers therewith.

POLL TAX.

SEC. 194. Every male inhabitant of this State over twenty-one 2 and under sixty years of age shall pay a poll tax for the use of the 3 State and county, of two dollars; provided, the same be paid between 4 the first Monday in March and the first Monday in August; but if 5 said poll tax is not paid prior to the first Monday in August, it shall 6 be three dollars; and the extra dollar shall be paid to the County 7 Treasurer for the School Fund of the county, less fifteen per cent.

SEC. 187. The Collector shall receive for his services twenty per cent. of all moneys collected from foreign miners' licenses; and fifty 3 per cent. of the net proceeds of all moneys collected for foreign 4 miners' licenses shall be paid into the County Treasury for the use 5 of the State; the remaining fifty per cent. of the net proceeds shall 6 be paid into the Treasury for the use of the county; provided, that 7 in counties where the Taxcollector receives a specific salary, he may 8 retain for his use the fees allowed for collecting foreign miners' 9 and other licenses under the provisions of this Act, which shall be 10 paid to the principal or deputy, as the case may be, who shall ac11 tually engage in the collection of such tax or license.

SEC. 188. Any person charged with the collection of foreign 2 miners' license tax who shall give any receipt other than the receipt 3 prescribed in this Act, or receive money for such license without 4 giving the necessary receipt, or who shall insert more than one name 5 in the same receipt, or who shall knowingly and wilfully insert the 6 wrong name therein, shall be guilty of a felony, and upon convie7 tion shall be fined in a sum not exceeding one thousand dollars, 8 and be imprisoned in the State Prison not exceeding one year.

SEC. 190. Any person or company hiring foreigners, or inter2 ested with them as partners, or renting, or on shares, or in any manner connected with any foreigner or foreigners in working or 4 in possession of any mining ground in this State, shall be held liable 5 for the amount of license of each and every foreigner with whom 6 such person or company is so connected or interested. All mining 7 ground worked or possessed, all improvements, all tools and ma8 chinery used in working such ground by said person or company, shall be subject to sale for the payment of said license tax, in the manner provided in this Act. The Collector shall have power to 11 require any person or company believed to be indebted to, or to 12 have money, gold dust or property of any kind belonging to, any 13 foreigner, or in which any foreigner is interested, in his or their

14 possession, or under his or their control, to answer, under oath, as 15 to such indebtedness or the possession of such money, gold dust or 16 other property. In case a party is indebted, or has possession or 17 control of any moneys, gold dust or other property, as aforesaid, of 18 such foreigner or foreigners, he may collect from such party the 19 amount of such license, and may require the delivery of such money, 20 gold dust or other property, as aforesaid; and in all cases the re21 ceipt of the Collector to said party shall be a complete bar to any 22 demand made against said party or his legal representative for the 23 amounts of money, gold dust or other property embraced therein; 24 and provided, that whenever, from any cause whatever, the Collector 25 shall be unable to collect the foreign miners' license from any per26 son liable to pay the same, he shall certify to the Road Overseer of 27 the district the name or description of the person and the amount 28 due, and such person shall, upon the requisition of the Overseer, 29 work upon the public roads of the district a sufficient number of 30 days to exhaust said sum by crediting against it one dollar for each 31 day's work; and every person so liable to work, and refusing so to 32 do, shall be guilty of a misdemeanor, and upon conviction shall be 33 punished by imprisonment for not less than five nor more than 34 thirty days.

SEC. 191. Any person or company hiring such foreigners, as aforesaid, to work in the mines of this State shall be liable for the 3 amount of the license for each person so employed.

SEC. 192. All licenses mentioned in this Act for State and county 2 purposes (except where the entire amount received is paid into the 3 County Treasury for county purposes), all poll tax receipts and all 4 foreign miners' licenses shall be issued from the Controller's office, 5 and such foreign miners' licenses shall be numbered consecutively, 6 commencing with number one, on the second Monday in November 7 of each year; and all such licenses for State and county purposes, and all foreign miners' licenses and all poll tax receipts, shall be 9 signed by the Controller of State, or by a deputy appointed by him 10 especially for that purpose.

POLL TAX.

on all poll taxes collected, which it shall be lawful for him to retain as compensation for the collection of said poll tax.

SEC. 195. The Controller of State shall, before the first day of 2 January in each year, cause proper blank receipts for poll taxes to 3 be printed by the State Printer, of a uniform appearance, changing 4 the style thereof each year; and said Controller, after signing and numbering them, shall cause a number thereof, equal to the probable number of inhabitants in each county liable to pay poll tax, to be 7 immediately forwarded to the County Treasurer of each county, 8 who shall sign them, or so many of them as may be required, and 9 make an entry thereof in a book to be kept for that purpose, and 10 thereupon deliver them to the Auditor, who shall likewise sign them 11 and make an entry of the number he receives in a book to be kept 12 by him for that purpose.

SEC. 196. The Auditor shall from time to time issue to the Tax2 collector so many of the receipts for poll tax as he may need, taking 3 his receipt therefor.

SEC. 197. No receipts for poll tax, other than those mentioned 2 aforesaid, shall be used or given for the payment of any such tax; 3 and any Taxcollector who shall receive any poll tax without delivering the proper receipt required by law, shall be guilty of a misdemeanor for each poll tax so received, and on conviction thereof shall 6 be punished by imprisonment in the County Jail not less than three 7 months, nor more than one year, and by a fine of not less than one 8 hundred, nor more than one thousand dollars for each offence, or by both such fine and imprisonment.

SEC. 198. Upon receiving such receipts from the Auditor, the 2 Taxcollector receiving the same shall give a receipt to said Auditor 3 for the same, and the said Auditor shall immediately charge the same to the Taxcollector so receiving them. All receipts delivered 5 to the Taxcollector before the first Monday in August shall be filled 6 out with the sum of two dollars, and two dollars shall be charged to 7 him for each one so delivered; and all such receipts delivered to the 8 Taxcollector after the first Monday in August, in each year, shall be 9 filled out with the sum of three dollars, and three dollars shall be 10 charged to him for each one so delivered.

SEC. 199. No person shall be deemed or held to have paid his poll 2 tax unless he be able to exhibit a receipt therefor, issued from the 3 office of Controller of State, or otherwise legally prove the payment of the same.

SEC. 200. Any person or persons who shall pass, sell or transfer, or attempt to pass, sell or transfer, or who shall forge or fraudulently 3 issue, any receipt or receipts for poll tax, or any other tax, contrary to the spirit and intention of this Act, shall be guilty of felony, and 5 on conviction thereof shall be punished by imprisonment in the State 6 Prison for not less than one year nor more than two years.

SEC. 201. To enforce the collection of poll taxes as provided in 2 this Act, the Taxcollector may levy on and sell only so much of any

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