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deputy, to any foreign miner, who shall have been engaged in mining from the expiration of such former license.

SEC. 3. The sheriff of each county shall be the collector of license tax, under the provisions of this act, who, before entering upon the duties herein provided for, shall enter into bond to the state, with two or more sureties, to be approved by the board of supervisors, if any such board exist in his county; if there be no such board, then by the county judge, in the sum of fifteen thousand dollars, conditioned for the faithful performance of the duties required of him by this act, which bond shall be filed in the office of the clerk of said county.

[SEc. 4, repealed April 7, 1857.]

SEC. 5. The controller of state shall fill the blanks for the counties, which have been left in the printed form, and shall issue to the recorder of each mining county, such number of licenses as may be required for the use of said county, taking a receipt therefor, which receipt shall be recorded in a book provided for that purpose, and shall charge the same against said recorder; and said recorder shall execute a bond to the state, conditioned for the faithful performance of all the duties required of him by this act, in the sum of ten thousand dollars, to be approved by the governor and controller, and filed in the office of the con

troller. SEc. 6. The amount to be paid for each license shall be at the

rate of four dollars per month, and said license shall in no case be transferable. SEc. 7. The recorder shall deliver to the sheriff of his county such number of licenses as said sheriff may require, charging him therewith, and taking his receipt therefor. The sheriff shall make monthly returns to the recorder of his county, of the number of licenses issued, and to whom, and the amount of money received. The first returns shall be made to the recorder on the first Monday of May next, and thereafter a return shall be made on the first Monday of each succeeding month, as herein specified. Sec. 8. It is hereby made the duty of the treasurer of each county to which licenses have been issued, to report to the treasurer of state on the first Monday of August next, and on the first Monday of every third month thereafter, the amount of money received by him on account of foreign miners' licenses.

SEC. 9. Fifty per cent. of the net proceeds of all moneys collected under the provisions of this act, shall be paid into the state treasury, and shall constitute a part of the general fund; the remaining fifty per cent. of the net proceeds shall be paid into the general fund of the county; and it shall be the duty of the sheriff to pay over to the county treasurer, monthly, the amounts specified in this section.

SEC. 10. The collector may seize the property of any person liable to, and refusing to pay such tax, and sell at public auction on one hour's notice, by proclamation, and transfer the title thereof to the person paying the highest price therefor, and after deducting the tax and necessary expenses incurred by reason of such refusal and sale of property, the collector shall return the surplus of the proceeds of the sale, if any, to the person or persons whose property was sold : provided, that should any person liable to pay such tax in any county of this state, escape into any other county with the intent to evade the payment of such tax, then and in that event it shall be lawful for the collector to pursue such person and enforce the payment of such tax in the same manner as if no such escape had been made. Any foreigner representing himself to be a citizen of the United States, shall, in absence of his certificate to that effect, satisfy the collector of the correctness of his statement by affidavit, or otherwise, and that the collector be and is empowered to administer such oath or affirmation. All foreigners residing in the mining districts of this state shall be considered miners under the provisions of this act, unless they are directly engaged in some other lawful business avocation.

SEC 11. Immediately preceding the time provided by lawfor the final settlement of the county treasurer with the treasurer of state, it shall be the duty of each recorder to whom licenses have been

issued, to report to the controller of state the number of licenses on

hand in his office, as also the number in the hands of the sheriff, who is hereby required to report to said recorder the number of licenses not disposed of, for which he has receipted to the said recorder. SEc. 12. The controller of state shall, as soon as practicable, compare the returns of the sheriff with reports of the county recorder; and if there should be any discrepancy in the statements, it shall be the duty of the controller to immediately inform the prosecuting attorney of the county in which such delinquent

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resides, who shall commence suit against such delinquent and his sureties forthwith. SEC. 13. Any sheriff or his deputy who shall neglect or refuse to pay over the money collected by him or them, under the provisions of this act, or shall appropriate any part thereof to his or their use, other than the percentage they are entitled to retain by the provisions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof, shall be punished by imprisonment in the state prison, any time not less than one year nor more than ten years. SEc. 14. Any officer charged with the collection of the tax provided to be collected by this act, who shall give any receipt other than the receipt prescribed in this act, or receive money for such license without giving the necessary receipt, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding six months. SEc. 15. It shall be the duty of the different sheriffs to return all unsold licenses to the county recorder, prior to the fifteenth day of December of each year, and receive new licenses, and the county recorder shall immediately transmit to the controller of state, said licenses; such licenses so returned shall be placed to the credit of the different county recorders, on the books of the controller and the licenses destroyed. SEc. 16. Any sheriff, tax collector, or deputy collector, who shall sell or cause to be sold, any foreign miner's license, with the date of the sale left blank, or which shall not be dated or signed with ink, and any person who shall make any alteration, or cause the same to be made in any license, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, and imprisonment in the state prison not exceeding six months; and the license so sold with blank date, or which shall not be signed and dated with ink, or which shall have been altered, shall be received in evidence in any court of competent jurisdiction. SEC. 17. Any person or company hiring foreigners to work in the mines of this state, shall be liable for the amount of the licenses for each person so employed. SEC. 18. The sheriff shall have power, and it is hereby made his duty, to appoint a sufficient number of deputy collectors to assist him in the collection of the tax provided to be collected by this act, said deputy collectors to be paid not less than fifteen per cent. on all sums collected by them; and the sheriff shall be responsible for the acts of said deputy collectors, and may require from them such bond and surety as he may deem proper for his own indemnification, and for such service he shall be entitled to receive three per cent. on all sums collected by them. Should the board of supervisors, or, in the event of there being no such board, then the county judge, deem the percentage to be paid to deputy collectors by the provisions of this section to be insufficient, an order may be entered by the board of supervisors or the county judge providing that an additional sum shall be paid such deputy collector, not to exceed in all twenty-five per cent., to be paid as herein provided. The county recorder of each county shall receive three per cent. on all sums collected under the provisions of this act. SEC. 19. That the sheriff be required to receive good, clean golddust, when tendered, at seventeen dollars per ounce, in payment for licenses, and be required to pay the same into the treasury at the same rate. The supplementary act of April 7, 1857, provides for the transfer by the treasurer, to the controller of the state, of all books and papers in his office connected with the issuance of foreign miners' licenses, &c., and makes it the duty of the controller to make the necessary settlement with the different officers for licenses theretofore issued. The said act also requires the treasurer of each county to which licenses have been issued, to make reports to the controller of the amounts of moneys received by him on account of foreign miners' licenses, on the first Monday of every third month, beginning on the first Monday of August, 1857. By the amendatory and supplementary act of April 26, 1858, it is provided as follows: “Any person or company hiring foreigners, or interested with them as partners, or renting, or on shares, or in any manner connected with any foreigner or foreigners, in working or in possession of any mining ground in this state, shall be held liable for the amount of license of each and every foreigner with whom such person, or company, is so connected or interested. All mining ground, worked or possessed, all improvements, all tools and machinery 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 section seven of this act. The collector shall have power to require any person, or company, believed to be indebted to, or to have money, gold-dust, or property of any kind, belonging to, or in which any such foreigner is interested, in his or their possession or under his or their control, to answer, as under oath, to such indebtedness, or the possession of such money, gold-dust, or other property. In case a party is indebted, or has possession or control of any moneys, gold-dust or other property, as aforesaid, of such foreigner or foreigners, he may collect from such party the amount of such license, and may require the delivery of such money, gold-dust, or property, as aforesaid; and in all cases the receipt of the collector to said party shall be a complete bar to any demand made against such party, or his legal representative, for the amounts of money, gold-dust, or property, embraced therein. Any person or company, hiring foreigners to work in the mines of this state, shall be liable for the amount of the licenses for each person so employed.” In the case of the People vs. Naglee,' the Supreme Court passed upon the constitutionality of the laws requiring foreigners to pay a license fee, in order to entitle them to the privilege of working the gold mines in this state, and decided that the act of the legislature prohibiting them from working the mines, except upon the condition of paying a certain sum monthly for the said privilege, was not repugnant to the constitution of the United States, or the constitution of this state, or the treaties of the United States with foreign powers. But the laws on this subject must be enforced by the state, through her appointed officers, the mode of enforcing them being regulated by the provisions of the statute. Private parties cannot take upon themselves the execution of them, nor assume, upon the plea of the prohibitions of the law, to disturb the quiet possession of others. The mere fact that the parties working a mining claim are foreigners who have obtained no license, will

1 1 Cal. 282.

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