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warrants.

2669. SEC. 6. Whenever the board shall have reason to believe, or shall be informed Unauthorized that the controller, with or without its approval, has drawn, or is about to draw, his warrant, without authority of law, or for a larger amount than the State actually owes, it shall be the duty of said board to notify the treasurer of State not to pay said warrant so drawn and registered, or to be drawn, and thereupon the treasurer shall be and hereby is prohibited from paying said warrant, whether already drawn, or when thereafter drawn, until he shall be otherwise directed by the legislature.

examiners.

2670. SEC. 7. Any violation of the foregoing provisions of this act, by the board of Penalty for examiners, controller, or treasurer, shall be deemed a felony; and, upon conviction violation of act. thereof in a court of competent jurisdiction, the party convicted shall be sentenced to imprisonment in the State prison for a term not exceeding three years, and to a fine of not less than five hundred dollars, nor more than twenty thousand dollars; and whenever any indictment shall be found, under this act, against either of said officers, every such officer shall be temporarily suspended from his said office until such indictment is tried and such officer acquitted; and said office may be temporarily filled by appointment by the governor; provided, that in case of indictment of the governor, and his Proviso. suspension from office, as one of the members of said board, as provided in this act, the powers and duties of his office shall, for the time being, devolve upon the lieutenant-governor; and any final conviction obtained under this act shall, ipso facto, vacate the office held by the party so convicted, which shall be filled in the manner provided for by law. 2671. SEC. 8. It shall be the duty of said board of examiners to examine, and either Duty of approve or disapprove, all claims against the State which may be presented to them. 2672. SEC. 9. Any person or persons who may have or claim to have any demand Presentation of whatever against the State, may present the same to the board of examiners in the claims. form of an account or petition (according to the nature thereof), and it shall be the duty of the clerk of said board to date, number, and file such account or petition in the order of its presentation; and the board of examiners shall allow or disallow said accounts or petitions in the order of their presentation; provided, that said board may Proviso. postpone the auditing of any claim or petition, upon the application or request of the claimant or petitioner, and the claim or petition so postponed shall take its place upon the file at the time to which it was postponed in the same order as a new application.() [Amendment, approved April 8, 1863, 235; took effect from passage. 2673. SEC. 10. If the board approve the demand, as provided in section nine, as Approval of amended by section two of this act, they shall indorse thereon, over their signatures, "Approved for the sum of dollars," and if an appropriation shall have been made by law to meet the same, then they shall transmit the same to the office of the controller of State, and the controller shall draw his warrant for the amount so allowed, in favor of the claimant or his assigns, in the order in which the same was allowed; or, in case no appropriation has been made by law for the payment of such claim

claims.

or demand, then said board shall transmit the same to the legislature of this State, Duties of board. stating their approval of the same, and their reasons therefor; but if said board, or a majority thereof, disapprove said demand, they shall cause the same to be filed among the archives of said board, with a statement showing such disapproval, and the reasons therefor.() [Amendment, approved April 8, 1863, 235; took effect from passage.

2674. SEC. 11. Any person or persons, interested, who may feel aggrieved by the Appeal. disapproval of a demand by said board, may appeal from its decision to the legislature of the State; such appeal shall be taken by filing with said board a notice thereof, and upon the receipt of such notice, said board shall transmit said demand, and all the papers accompanying the same, with a statement of the evidence taken before it, to the legislature. No demand, or claim of any nature whatsoever, shall be entertained by the legislature, unless recommended by the board of examiners, or upon appeal from the action of such board.

2675. SEC. 12. The governor of the State (and the secretary of State, in his absence), shall act as chairman of the board of examiners, and said chairman have power

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SEC. 10. If said board approve the demand mentioned in seetion nine, and an appropriation to meet the same shall have been made by law, then they shall indorse thereon, over their signatures, "approved for the sum of -- dollars," and transmit the same to the office of the controller of State; or, if no appropriation shall have been made by law for the payment of said demand, then said board shall transmit the same to the legislature of this State, stating their approval of the same, and the reasons therefor; but if said board, or a majority thereof, disapprove said demand, they shall cause the same to be filed among the archives of said board, with a statement showing such disapproval, and the reasons therefor.

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to issue subpoenas and compel the attendance of witnesses before said board, in the same manner that any court in this State can compel the attendance of witnesses before it; and whenever, in the opinion of said board, the testimony of any witness against a demand pending before them is material, it shall be the duty of said chairman to cause the attendance of said witness before said board, to testify concerning said demand; and said board are hereby authorised to make such witness a reasonable allowance for such attendance, not exceeding the fees of witnesses in civil cases, which shall be paid from the contingent fund allowed said board; but in no instance shall an allowance be made in favor of a witness who testified in behalf of the claimant. 2676. SEC. 13. That the said board shall have authority to establish rules and regulations for its government; and each member thereof is hereby authorized to administer an oath or affirmation to any person or persons concerning any matter before said board, or intended to be brought before it; and each member of said board is hereby authorized to take the deposition or depositions of any witness or witnesses, to be used before said board in any matter pending before it.

2677. SEC. 14. That if any person shall knowingly and wilfully swear falsely, before said board, or any member thereof, in a matter pending before said board at the time of taking said oath, or in a matter to be submitted to said board, such person shall be deemed guilty of perjury, and on conviction thereof, shall be subjected to the same pains, penalties, and disabilities, which now are or shall be hereafter by law prescribed for wilful and corrupt perjury.

2678. SEC. 15. The said board shall hold sessions for the transaction of business, at least twice in each month, and shall cause a record of their proceedings to be kept; and any member thereof may cause his dissent to the action of the majority upon a matter brought before it, to be entered upon said record.

2679. SEC. 16. The said board shall not hear or entertain the second time a demand against the State which it has once rejected or which has been rejected by the legis lature, unless such reasons shall be presented to said board as by the rules of common law or chancery, in suits between individuals, would furnish sufficient ground for granting a new trial. 2680. SEC. 17. That a majority of said board shall constitute a quorum, and may, as such, discharge any of the duties specified in this act. Said board may appoint a clerk, whose duty it shall be to keep a true and correct record of all the proceedings had before said board.

2681. SEc. 18. That for the services herein specified, the person acting as governor, or filling that office, shall receive a salary of one thousand dollars per annum: the person filling the office of secretary of State, a salary of one thousand dollars per annum; and the person filling the office of attorney general, a salary of fifteen hundred dollars per annum. The clerk of said board shall receive for his services the sum of twelve hundred dollars per annum.

2682. SEC. 19. That the sum of four thousand seven hundred dollars is hereby appropriated, out of any money in the treasury not otherwise specifically appropriated by law, to the payment of the salaries and hire of clerk specified in this act; and five hundred dollars to defray the contingent expenses of said board.

2683. SEC. 20. That the act entitled "an act for the better protection of the State treasury," approved April sixteenth, eighteen hundred and fifty-six, and the act entitled "an act amendatory of and supplementary to an act entitled an act for the better protection of the State treasury," approved April sixteenth, one thousand eight hundred and fifty-six-approved April twenty-seventh, one thousand eight hundred and fifty-seven, are hereby repealed; but such repeal shall not affect any proceedings had or commenced by virtue of said acts, nor shall it affect any rights which have accrued, nor any liability which has occurred by reason of the provisions of said acts, or either of them.

2684. SEO. 21. The contingent funds of the senate and assembly are exempt from the provisions of this act. [Supplemental section, approved January 29, 1859, 5.

An Act amendatory of and supplemental to the foregoing act of April, 21, 1858.

Approved April 8, 1863, 235.

[SECS. 1, 2 and 3 contain the amendments to secs. 5, 9 and 10 of the act of April 21, 1858, therein inserted.]

2685. SEO. 4. The treasurer shall pay all warrants drawn on him by the controller when presented, if there be money in the fund upon which they are drawn; if not, then he shall indorse upon the back of said warrant, "Presented this

day of

A. D.

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and not paid for want of funds," and register the number of the warrant and date of presentation, and shall pay the same in order of its registration.

SEC. 5. So much of all acts and parts of acts as are in conflict with this act are hereby repealed.

SEO. 6. This act shall take effect from and after its passage.

Execution of Death Sentences.

An Act to abolish public executions.

Approved April 21, 1858, 192.

executed

2686. SECTION 1. That whenever, hereafter, any person shall be condemned to Death penalty suffer death, for any crime of which such person shall have been convicted, the said privately. punishment shall be inflicted on such person within the walls or yard of the jail, or some convenient private place in the county in which such person shall have been convicted; and it shall be the duty of the sheriff of said county to attend and be present

at such execution, to which he shall invite the presence of a physician, the district Persons present. attorney of said county, and twelve respectable citizens, unless, in his discretion, a larger number be necessary, who shall be selected by the sheriff, and the said sheriff' shall, at the request of the criminal, permit such ministers of the gospel, not exceeding two, as such person may name, and any of such persons, relatives, or friends, not to exceed five, to attend and be present at such execution, together with such officers of the prison, and such of the sheriff's deputies, as the said sheriff may think expedient, to witness said execution; provided, that no person under lawful age shall be per- Proviso. mitted, on any account, to witness said execution.

warrant.

2687. SEC. 2. After the execution, the sheriff shall make a return upon the death Return upon warrant, setting forth particularly that said warrant has been executed according to law.

SEC. 3. This act shall take effect, and be in force, from and after the first day of July, A. D. eighteeen hundred and fifty-eight.

Fees.

[It has been thought proper to give the fee bills of the various counties of the State. They are numerous and lengthy, and the legislation in regard to them has been so much involved that, in regard to some of the counties, there are grave doubts as to what the law is. Special legislation upon subjects in other respects foreign to fees, has, in some instances, introduced changes and new provisions, and in other instances it is questionable whether any law at all is in force in regard to some of the officers. The endeavor here has been to be as accurate as the intricate nature of the subject would admit.

For the purpose of economizing space the sub-heads over most of the sections throughout the various fee bills, are stricken out and given on the margin.

The counties are given in the order adopted on account of being more or less governed by the same laws; those to which the law of April 10, 1855, is applicable first, those to which the law of April 28, 1857, is applicable next, and so on, as follows:

L. Fees in general

II. Fees in Placer, Sutter, Sierra, Siskiyou, Mariposa, Merced, (?) Trinity, Plumas,
Fresno, Mono, Alpine, and Lassen Counties

III. Fees in San Bernardino, Stanislaus, Yolo, Marin, and Butte Counties

IV. Fees in El Dorado County

V. Fees in Calaveras County

VI. Fees in Yuba County

VII. Fees in Tuolumne County

2688

2692

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2711

2744

2761

2767

2797

VIII. Fees in Klamath and Del Norte (?) Counties

2812

IX. Fees in Shasta County

X. Fees in Nevada County

XI. Fees in Amador County

2820

2832

2856

XII. Fees in San Diego County. XIII. Fees in Tulare County

2864

2874

XIV. Fees in Solano County

2876

XV. Fees in Mendocino County

2883

XVI. Fees in San Joaquin County

2884

XVII. Fees in San Mateo, Napa, Humboldt, Colusa, Santa Cruz, San Luis Obispo,

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Fees for naturalization

papers.

5 Cal. 304.

Fees of officers.

Fees of clerk of
Supreme court.

Notaries public.

I.

FEES IN GENERAL.

[An Act to regulate fees in office, passed April 22, 1850, 416, was repealed by

An Act to regulate fees in office, passed May 1, 1851, 35, which adopted the provisions of the former act as to Tuolumne, Calaveras, Mariposa, San Joaquin, and Trinity Counties.

Both acts were repealed entirely by An Act to regulate fees in office, approved April 10, 1855, 81, given below.]

An Act to define the fees to be charged by clerks of courts for the naturalization of foreigners.
Approved May 18, 1853, 267.

2688. SECTION 1. That the clerks of the courts of record in this State shall be entitled to receive, for each certificate of declaration to become a citizen of the United States, and for making a record thereof, three dollars, and for certificate of citizenship and making a record thereof, three dollars. The sum of three dollars as herein provided shall include the administration of all oaths or other preliminary proceedings, and said papers herein provided for shall be issued by the court upon application of any individual entitled to receive them, and upon his complying with the provisions of the naturalization laws.

An Act to regulate fees of office.

Approved April 10, 1855, 81.

2689. SECTION 1. Such fees are allowed to the officers hereinafter named, for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully charge, demand, and receive the same. 2690. SEC. 2. Fees of clerk of the supreme court:

For filing each transcript of record from an inferior court, four dollars. For entering any motion, rule, or order, two dollars. For entering judgment, for first folio, two dollars; for each subsequent folio, one dollar. For each certificate given at request and on seal, two dollars. For copy of record, or opinion, of court, or other papers, for each folio, fifteen cents. For entering each cause on calendar, and making copy for bar, one dollar. For every remittitur, or mandate, for each folio, fifteen cents. For searching records, or files, in his office, (but no charge shall be made to suitors, or attorneys), for each year searched, one dollar. For filing each paper, fifty cents. For certificate of admission as attorney, or counsellor, and seal, ten dollars. For administering oath, or affirmation, and copying the same, one dollar. For taking and writing out acknowledgment of deeds, or other instruments, for each signature, including seal, one dollar. For recording opinion of court, for each folio, fifteen cents. For issuing any process of court, including seal, two dollars. [Amendment, approved May 18, 1861, 510.

2691. SEC. 3. For drawing and copying every protest for the non-payment of a promissory note, or for the non-payment or non-acceptance of a bill of exchange, draft, or check, two dollars. For drawing and serving every notice of non-payment of a promissory note, or of the non-payment or non-acceptance of a bill of exchange, order, draft, or check, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition, or other paper, for which provision is not herein made, for each folio, thirty cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for each signature, one dollar. For administering an oath or affirmation, twenty-five cents. For every certificate, to include writing the same, and the seal, one dollar.

[In some of the counties, as will be seen on examination of following acts, there are special provisions for fees of notaries public.]

370

II.

[FEES IN PLACER, SUTTER, SIERRA, SISKIYOU, MARIPOSA, MERCED, TRINITY, PLUMAS, FRESNO, MONO, ALPINE, AND LASSEN COUNTIES.(")]

2692. SEC. 4. In the Counties of El Dorado, Placer, Calaveras, Sutter, Yuba, Tuolumne, Sierra, Siskyou, Klamath, Mariposa, Shasta, Trinity, Nevada, Colusa, Plumas, and Amador, the fees of office shall be as prescribed in this act from section fourth to section twenty-second inclusive, for the officers named in such parts of this act, and all provisions contained in such parts of this act, shall apply to said officers in these counties.(^)

district court.

2693. SEC. 5. For entering each suit on the clerk's register of actions, and making Fees of clerk of the necessary entries therein, during the progress of the trial, for each folio, forty cents. For issuing every writ or process, under seal, one dollar. For issuing subpœna, for each witness, twenty-five cents. For filing such paper, twenty-five cents. For entering every motion, rule, order or default, fifty cents. For entering every discontinuance, dismissal or nonsuit, fifty cents. For entering every cause on the calendar and making a copy thereof for the bar, for each term of the court, one dollar. For calling and swearing every jury, one dollar. For receiving and entering each verdict of a jury, one dollar. For entering every final judgment, for the first folio, one dollar and fifty cents. For each subsequent folio, forty cents. For filing judgment roll, forty cents. For entering judgment on judgment docket, fifty cents. For entering satisfaction of judgment, one dollar. For administering every oath or affirmation, twenty-five cents. For certifying every oath or affirmation, twenty-five cents. For copy of any proceeding, record or paper, for each each folio, forty cents. For every certificate, under seal, one dollar. For searching the files of each year in his office (but not to charge suitors or attorneys), one dollar. For issuing every commission to take testimony, one dollar. For taking down testimony of witnesses during trial, for each folio, forty cents. For issuing every execution or other final process, one dollar. For issuing every decree, or order of sale of mortgaged property, one dollar. For issuing writ of injunction or attachment, one dollar. For entering judgment by confession, the same fees as in other cases of entering judgment. For receiving and filing every remittitur from supreme court, and accompanying papers, one dollar. For taking each bond required by law, one dollar. For taking justification thereto, one dollar. For acknowledgment of deed or other instrument, including all writing, and the seal for each name thereto, one dollar. When the court is setting as a court of criminal jurisdiction, he shall receive for the trial of each issue, where the charge is felony, five dollars. For the trial of each issue, where the charge is misdemeanor, three dollars. He shall receive no other fee for any service whatever in a criminal action or proceeding, except for copies of papers, for each folio, forty cents.

2694. SEC. 6. For filing all the papers sent on appeal from justices' courts, in each Clerk of county cause, one dollar and fifty cents. For all other services, the same fees as are allowed court. in the district court for similar services.

2695. SEC. 7. The clerk shall receive the same fees as are allowed the clerk of the Clerk of court of district court in criminal cases.

sessions.

court.

2696. SEC. 8. For issuing letters testamentary, or of administration, one dollar. Clerk of probate For certificate of appointing appraisers or guardians, one dollar. For writing and posting notices when required, for each copy, one dollar. For notice given by publication, in addition to the cost of publication, one dollar. For recording wills, per folio, forty cents. For all other services, the same fees as are allowed the clerks of the district court for similar services.

2697. SEC. 9. For recording any instrument, paper or notice, when required, for County recorder. each folio, forty cents. For copies of any record or paper, per folio, forty cents. For filing or receiving every instrument for record, and making the necessary entries therein, twenty-five cents. For making in the several indexes required, all the entries

(") For the counties named in section 4, and not named in the caption, see special acts relating to those counties.

A special act as to Trinity was approved April 14, 1863, 281; but, by act of April 4, 1864; 1863-4, 479, repealed, and the above act revived.

Fresno County is added to the caption, because the fees there, are by act approved March 24, 1864; 1863–4, 234, provided to be the same as those of Mariposa.

Mono, Alpine, and Lassen counties are added to the caption,

because the acts creating them prescribe that the above provisions, from section 4 to section 22 inclusive, shall apply where fees are not otherwise provided for. The act creating Mono was approved April 24, 1861, 235; that of Alpine, March 16, 1864; 1863-4, 178; that of Lassen, April 1, 1864; 1863–4, 264.

Merced County is added, because it was formed out of Mariposa by act of April 19, 1855, 125, and no act has been passed in regard to fees. They seem therefore to be the saine as in Mariposa, if there is any law for them.

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