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be made unless requested by the buyer or seller.
open at all times
refusal to furnish
required by the buyer or seller of any of the articles aforesaid, pro- Inspectrumber ceed at the time of said requisition to measure the same in the man- when required. ner prescribed by this act : Provided, neither said measurer nor any of his deputies shall demand, or be entitled to, any of the fees or lumbere not to compensation aforesaid, unless for measurement according to the provisions hereof, at the request of the buyer or seller as aforesaid.
Sec. 13. Every measurer as aforesaid shall keep true accounts, in a Books and book or books, in a plain intelligible manner, of all the lumber by kept, and to be him or his deputies measured, and of the quantity thereof, and such for inspection. accounts shall be opened at all seasonable hours for examination, if required by any person interested.
Sec. 14. If any measurer as aforesaid shall refuse or neglect to Penalty for record his proceedings as aforesaid, or shall refuse or neglect to give copies. a certified extract of such part thereof as any person having an interest therein shall require, such person having paid or tendered to him an amount at the rate of fifty cents for every hundred words that may be contained in such certificate, he shall, for every such neglect or refusal forfeit and pay to the party aggrieved, a sum not exceeding fifty dollars.
Sec. 15. If any such measurer shall be convicted of making a frau- Penalty for dulent entry in his books aforesaid, he shall be fined the sum of one entries. thousand dollars, and be imprisoned not less than six months in the county jail.
Sec. 16. Every person who shall counterfeit, forge, or fraudu- Penalty for lently impress, or make the brand mark of any number or other mark brands or marks of any such measurer, upon any article subject to 'measurement, or shall counterfeit the stamp of any measurer, or shall fraudulently alter, deface, conceal or erase, any measurer's mark, duly made, shall for every such offence be deemed guilty of a misdemeanor, and be punishable by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, at the discretion of the court having jurisdiction of the offence.
Sec. 17. If any person whose fees are fixed by this act shall take, Penalty for under any pretence whatever, any other or greater fees for services unlawful fees performed in pursuance of this act, than are hereby allowed, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of one hundred dollars, one-half for the use of the state insane asylum, and the other half for the use of the person injured.
Sec. 18. All offences which are committed against any of the pro- Offences for visions of this act, unless it be otherwise especially provided, may prosecuted in the name of the state in any court of record in the courts
violation of the act may be
any court of
[county] where the same may have been committed, at the instance of any person who shall sue therefor, in the same manner as debts of like amount are recoverable, with costs of suit, and one moiety thereof shall be paid to the person suing and recovering the same, and the residue shall be paid into the treasury of the state. insane asylum for the use of that institution.
AN ACT to provide for the better Publication of Official and Legal
Notices.- [Passed May 3, 1853.]
The People of the State of California, represented in Senate and As
sembly, do enact as follows :
in such news
ed in this act.
For counties of
Publications, Section 1. All publications, advertisements, or notices relating to etc., under the act.
the estates of deceased persons; to the formation, change or dissolution of partnerships; to assignments in bankruptcy; all publications, advertisements, or notices, made or required by or on behalf of any corporate or county authorities or officers, or the officers of any city or county in this state, or any of them in their official capacity; and all such notices or advertisements as may be required in the course of any civil action or legal proceedings, which now is, or hereafter may
be, required by law, (except notices of sheriffs' and constables' sales in Shall be inserted counties where no newspaper is printed,) shall be published in the papers as provid- manner hereinafter provided, or the same shall be of no legal
1st. For the city and county of San Francisco, and the counties of Monterey, Contra Monterey, Alameda, and Contra Costa, all such notices or advertise
ments shall be published in the newspaper known as the “ Placer
Times and Transcript,” now printed in the county of San Francisco. Transcript "
2d. For the city and county of Sacramento, and the counties of Colusi, Sutter, and Solano, all such notices or advertisements shall be published in the newspaper known as the “Democratic State Journal," now printed in the county of Sacramento.
3d. For the city of Marysville, and the counties of Yuba and and Butte, in
Butte, all such notices or advertisements shall be published in the Express."
newspaper known as the “California Express," now printed in the
county of Yuba. County of Sierra, 4th. For the county of Sierra, all such notices or advertisements
shall be published in the newspaper known as the “ Downieville Echo," now printed in the county of Sierra.
in the “Downieville Echo"
El Dorado, in
Marin, Mendocino, and
5th. For the counties of Shasta, Klamath, Trinity, and Siskiyou, Counties of
Shasta, Klamath, all such notices or advertisements shall be published in the newspaper Trinity and Siskiknown as the “Shasta Courier,” now printed in the county of Shasta. Courier.” 6th. For the county of Nevada, all such notices or advertisements County of
. shall be published in the newspaper known as the “ Nevada Journal,” vada Journal. now printed in the county of Nevada.
7th. For the county of Placer, all such notices or advertisements County of Placer, shall be published in the newspaper known as the “Placer Herald,” Herald." now printed in the county of Placer.
8th. For the county of El Dorado, all such notices or advertise- County of ments shall be published in the newspaper known as the “ Miners' " Miner's AdvoAdvocate," now printed in the county of El Dorado.
9th. For the counties of Marin, Mendocino, Napa and Sonoma, all Counties of such notices or advertisements shall be published in the newspaper Sonoma, in known as the “Sonoma Bulletin,” now printed in the county of Sonoma, Sonoma.
10th. For the city of Stockton, and the counties of San Joaquin, Counties of Mariposa, and Tulare, all such notices or advertisements shall be pub- Mariposa and lished in the newspaper known as the “San Joaquin Republican,'
" "San Joaquin
Republican." now printed in the county of San Joaquin. 11th. For the county of Tuolumne, all such notices or advertise- County of
Tuolumne, in ments shall be published in the newspaper known as the “ Columbia Columbia Gazette,” or “Sonora Herald,” now printed in the county of Tuo- - Sonora lumne.
12th. For the counties of San Diego, San Bernardino, all such Counties of San notices or advertisements shall be published in the newspaper known Bernardino, in as the “San Diego Herald,” now printed in the county of San Diego. Herald.”
13th. For the counties of Los Angeles, Santa Barbara, and San Counties of Los Luis Obispo, all such notices or advertisements shall be published in Barbara and San the newspaper known as the “Los Angeles Star,” now printed in the "Los Angeles county of Los Angeles.
14th. For counties of Santa Clara and Santa Cruz, all such notices Counties of Santa or advertisements shall be published in the newspaper known as the Cruz, in “ Santa
Clara Register." “Santa Clara Register,” now printed in the county of Santa Clara. 15th. For the county of Calaveras, ail such notices or advertise- County of
Calaveras, in ments shall be published in the newspaper known as the “ Calaveras Calaveras Chronicle," now printed in the county of Calaveras. 16th. For the county.of Yolo, all such notices or advertisements County of Yolo,
in "Californian." shall be published in the newspaper known as the “ Californian," now published in the county of Sacramento. Sec. 2. The fees charged for publishing notices or advertisements, Fees of
advertising. under this act, shall not exceed two dollars for each square of two
Clara and Santa
Affidavit of publisher.
within one year with county clerk.
hundred and eighty ems for the first insertion, and one dollar per square for each succeeding insertion.
Sec. 3. The affidavit in writing of the publisher or of the publisher's foreman or clerk, of any one of the newspapers in this act specified, annexed to a printed copy of any notice or advertisement taken from the newspaper in which it was printed, specifying the number of times, the date of the first and last insertion, and the name of the
paper in which the same was published, may be filed at any time May be filed within one year from the date of the last insertion of such notice or
advertisement with the county clerk of the county for which such Made evidence
notice or advertisement is published. And the original affidavits thus of the facts con- filed, or copies thereof, certified by the officer having custody of the
same, shall be entitled to be read in evidence before any court of jus. tice in this state, and in all proceedings before any board, body, or officer, in which it shall be necessary to refer thereto, and shall be
prima facie evidence of the facts therein stated. Explanation of Sec. 4. The terms “notices," "publications,” and “advertise. terms “ Notices,"
Publications, ments,” as used in this act, shall be held to include all publications, "Advertise.
whether in newspaper or otherwise, made under or by virtue of any law or statute of this state now existing, or which may hereafter be enacted, or by order of any court or officer of law; and in the cities in the county in which the newspapers in this act mentioned are published respectively, all publications required or ordered by or on behalf of any municipal corporation or officer under or by virtue of the
laws incorporating said cities or otherwise. In case of Sec. 5. Should any of the newspapers mentioned in this act cease of any of the to be published, then the publication herein required to be made in declared official said paper may be made or continued in any other newspaper pubby this act, publications to lished in the same county; or if there be none in the same county,
then in the nearest newspaper ; such other newspaper to be designated by the judge of district court of the county in which such publication
was commenced : Provided, that should any newspaper be hereafter papers hereafter permanently established and published in any county for ninety days,
in which no paper is at present published, such paper shall be the legal paper for the county for the publication of such notices as are contemplated by this act.
Sec. 6. This act shall take effect within thirty days after its pas.
sage. Copies of papers
Sec. 7. In consideration of the publication of the notices and adunder the act, to vertisements heretofore named, the publisher of each and every newssecretary of state paper mentioned in this act is required to send to the office of the
secretary of state, and to the county clerk of every county in this
be made in other papers.
Publications to be made in
Commencement of this act.
be forwarded to
and county clerks.
state, two copies of each of their issue, free of charge; and the secre- To be preserved tary of state, and the county clerks, are required to keep and preserve the same, open to public inspection.
AN ACT in relation to Personal Mortgages in certain cases.—[Passed
May 11, 1853.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Section 1. A mortgage for a good and valuable consideration upon Certain personal possessory claims to public lands, all buildings and improvements have the same upon such lands, all quartz claims, and all other such personal pro- mortgages upon perty as shall be fixed in its structure to the soil, acknowledged in manner and form as mortgages upon real estate are required by law to be acknowledged and recorded in the office of the recorder of the county in which the property is situated, shall have the same effect against third persons as mortgages upon real property. Sec. 2. The seventeenth section of an act entitled “ An act con- Section of former
act repealed. cerning fraudulent conveyances and contracts,” passed April nineteenth, one thousand eight hundred and fifty, in so far as the same conflicts with the provisions of this act, is hereby repealed. (1)
AN ACT providing for the erection of a State Prison and declaring
mull and void the existing State Prison Contract.—[Passed May
11, 1853.] The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Section. 1. The lieutenant governor, secretary of state, and trea- Board of surer of state, are hereby constituted a board of commissioners, whose To enter into a duty it shall be to enter into a contract for the erection of a state erection of a
Sec. 2. The necessary expenses of the commissioners, incurred in Expenses of the discharge of their duty, shall be paid out of the general fund : Provided, the amount paid to each commissioner shall not exceed the amount. sum of five hundred dollars per annum.
(1) See ante, p. 201, Sec. 17.