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THE

ST.ATE REGISTER,

FOB

18 5 9.

PART FIFTH.

LAWS OF THE STATE.

L—TITLES AND ABSTRACTS OF THE GENERAL LAWS,

PASSED AT THE NINTH SESSION OF THE LEGISLATURE OF CAL'A, 1858.

[The chapters and pages refer to the official edition of the Laws, published by John O'Meara, State Printer. The omitted chapters are Laws of a private or local character.]

No. 1. Chapter XXIV, p. 22. An Act to amend the first Section of an Act entitled "An Act empowering the Governor to appoint Commissioners of Deeds, and defining the Duties of such Officers" passed March 20, 1850. (Approved February 11, 185S.) Sec. 1. The Governor may, when in his judgment it may be necessary, appoint, in each of the United States and in each of the Territories and Districts of the United States, and in each foreign State, Territory and Colony, one or more Commissioners, to continuu in office four years, unless removed by the Governor; every such Commissioner shall have power to administer oaths, and to take depositions and affidavits to be used in this State; and, also, to take the acknowledgment or proof of any deed or other instrument to be recorded in this State.

No. 2. Ca. XXV, p. 22. An Act to amend the sixth Section of an Act entitled "An Act defining the Rights of Husband and Wife" passed April 17, 1850. (Approved February 11, 1853.) The husband shall have the management and control of the separate property of the wife during the continuance of the marriage; but no sale or other alienation of any part of such property can be made, nor any lien or incumbrance created thereon, unless by an instrument in writing, signed by the husband and wife, and acknowledged by her upon an examination, separate and apart from her husband, before a competent authority.

No. 3. Ch. XLI, p. 31. An Act to amend an Act entitled "An Act to provide Revenue for theSupport of the Government of this State" passed April 23,1857. (Approved February 27,1858.) Sec. 1. An ad valorem tax of sixty cents upon each one hundred dollars value of taxable property, is hereby levied and directed to be collected for State purposes, upon the assessed value of all property in this State, not by this Act exempt from taxation, thirty cents of which shall be paid into the State Treasury, for the payment of the interest on the funded debt of 1857, and for the liquidation of the principal thereof, and the remaining thirty cents shall be placed to the credit of the general fund; and upon the same property the Board of Supervisors of each county is hereby authorized and empowered to levy and collect annually, for county expenditures, a tax, not exceeding fifty cents on each ono hundred dollars. The Board of Supervisors of each county is also hereby authorized to levy and collect, annually, such additional and special taxes as the laws of the State may have authorized or required, or may hereafter authorize or require. All taxes shall be paid in coin, at the fixed market value, except the tax levied for county purposes, which may bo collected in such funds as may be prescribed in the special Acts imposing the same.

No. 4. Ch. XLIII, p. 32. An Act to provide for the temporary Government of the State Prison, and to appropriate Money therefor. (Approved February 26, 1858.) The Governor of this State is hereby authorized and empowered, and it shall bo his duty by and through such agent or agents as he may, in his discretion, appoint, to take immediate possession )f the State Prison and grounds, together with all the property of the State therein situated,

Note.—The laws referred to In this abstract are published, with few exceptions, without abridgment. Where it has been found necessary for want of space to condense a law, the important provisions and the language thereof have been preserved as far as circumstances would permit.—[ed.

and to assume the custody, control and management of the convicts contained therein, and to continue thereafter the possession and control of the Fame, until further provided by law; and for the payment of the expenses thereof, ten thousand dollars is hereby appropriated.

No. 5. Ch. LXVIII, p. 57. An Act to further extend the "Act concerning Corporations," passed April 22, 1850. (Approved March 12, 1£58.) This Act amended April 24, 1858. See Chapter CCXCVIII, p. 218.

No. 6. Ch. LXIX, p. 58. An Act to amend an Act entitled "An Act for the relief of Insolvent Debtors and protection of Creditors" passed May 4,1852. (Approved March 12,1858.) Sec. 30. All insolvent debtors owing, or accountable, in any manner, for public funds or property of whatever nature or kind; all unfaithful depositories; all such as refuse or neglect to pay up all funds received by them as bankers, brokers, commission merchants, or for money, goods or effects received by them in a fiduciary capacity, shall be denied the benefit of this Act; provided, that such parties may avail themselves of this Act for the purpose of procuring an equal distribution of their assets among their creditors, and for that purpose only said Act shall apply to estates of such insolvents in this section mentioned; and, provided further, such debtor may be discharged from all debts not named in this section.

No. 7. Ch. LXXI, p. 58. An Act to provide for the authentication of certain Evidence in relation to Swomp and Ovcrftwcd Lands heretofore sold ly this State. (Approved March 13,1858.) It is hereby made the duty of each County Surveyor and Beccrder to forward to the Surveyor-General #>f the State copies of all affidavits or other evidence relating to any swamp or overflowed lands Eold in their respective counties, under the provisions of the Act to provide for the sale of the swamp and overflowed lands of 1855, which go to prove that said lands are actually swamp and overflowed lands. Said surveyors and recorders to receive such fees as are allowed by law for similar services, to be paid frcm the State Treasury, upon Controller's Warrants issued by order of the State Board of Examiners. An appropriation of five hundred dollars is hereby made out of the first money received from the sales of swamp and overflowed lands for the payment of the fees referred to. Copies of all evidence procured under the provisions of this Act, properly authenticated, Bhall be forwarded previous to March 20,18£9, by the Surveyor-General of the State to the U. S. Commissioner of Lands, with a request that all lands referred to therein shall be withdrawn from the market.

No. 8. Cn. LXX1I, p. 59. An Act to authorize Guardians of Minors, 7diots and Lunatics to receive and remove frcm this State any Prrperty to which said Ward may le entitled. (Approved March 13,1858.) When the guardian and ward are both non-residents, and the, ward is entitled to property in this State, which may be removed to another State, without conflict to any restriction or limitation thereupon, or impairing the right of the ward thereto, such property may be removed to the State of the residence of the ward, upon the application of the guardian to the Judge of Probate of the county in which the estate of the ward, or the principal part thereof may be. The guardian must produce a transcript from the records of a Court of competent jurisdiction, certified according to the laws of this State, showing that he has been appointed guardian of the ward in the State in which he and the ward reBide, and has qualified as such, according to the laws thereof, and gave bond, with sureties, for the performance of his trust; and must also give thirty days' notice to the resident executor, administrator or guardian, if there be such, of the intended application; thereupon, if good cause be not shown to the contrary, the Probate Judge Bhall make an order, granting such guardian leave to remove the property of his ward to the State or place of his residence, which shall be an authority to him to sue for and receive the same in his own name, for the use and benefit of his ward. Such order shall be a discharge of the executor, administrator, guardian, or other person in whose possession such property may be at the time the order is made.

No. 9. Cn. CI IT, p. 82. An Act to amend Section twenty of "An Act to regulate proceedings in Civil Cases in the Courts of Justice of this State," passed April 29, 1851. (Became a law March 24,1858.) In all other cases, the action shall be tried in the county in which the defendants, or any one of them, may reside at the commencement of the action; or, if none

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