An Act to create the County of Madera

by California State Legislature

1855 Chapter CIV

AN ACT To create the county of Merced, to define its Boundaries and to provide for its Organization.	Approved April 19, 1855
SECTION 1. There shall be formed out of the southwestern portion of Mariposa county a new county to be called Merced.	Formed.
SEC. 2. The boundary of Merced county shall be as follows: Beginning at a place on the San Joaquin River known as Converse’s Ferry, thence along the main road leading to a place on the Merced River known as Phillips’ Upper Ferry, thence in a straight line to the southeast corner of Stanislaus and southwest of Tuolumne counties, thence along the line dividing Mariposa and Stanislaus counties to the most western corner of the same, thence southeastwardly along the western boundary of Mariposa county to the corner of Tulare and, said county Mariposa, thence along the dividing line of Tulare and Mariposa counties to the road leading from Converse’s Ferry on the San Joaquin River to Visalia in Tulare county, thence in a straight line to the place of beginning.	Boundaries.

Seat of Justice.	SEC. 3. The seat of Justice shall be at such places as may be determined by the qualified electors of the county at the election for county officers, as provided by this act.
Time of Election.	SEC. 4. There shall be an election held for county officers, and to determine the county seat of in said county of Merced, on the second Monday in May of the present year, eighteen hundred and fifty-five.
Officers to be elected.	SEC. 5. At the election mentioned in the preceding section there shall be chosen a Board of Supervisors consisting of three persons, one County Judge, one County Attorney, one County Clerk who shall be ex-officio County Recorder, one Sheriff, one County Surveyor, one Assessor, one Treasurer, one Coroner, and one Public Administrator, also a place to be the seat of Justice.
Commissioners appointed.	SEC. 6. A. Stevenson, Wm. Neal, W.J. Barfield, Charles V. Snelling, John McDermont, Samuel Lovejoy, and C.F. Bloodworth are hereby appointed and constituted a Board of Commissioners to designate the election precincts in the said county of Merced for the said election; to appoint the Inspectors and Judges of the several precincts as designated ; to receive the returns of election and to issue certificates of election to the persons entitled to the same.
Election laws.	SEC. 7. The laws of general nature now in force regulating elections in this State, shall apply to the election ordered by this Act, except that the above Board of Commissioners herein appointed shall designate the election precincts, appoint the Inspectors and Judges of election, issue the several certificates to the persons elected, and declare what place receives the highest number of votes for county seat.
Session of Commissioners.	SEC. 8. Said Board of Commissioners shall hold their first session for the transaction of business at the house of James. A. Neal & Co., in said county.
Meeting of. Duties of. Record of proceedings. Duty of Board.	SEC. 9. The said Board of Commissioners shall meet on the Monday two weeks previous to the election. At such meeting the Board shall appoint one of their members President, and one as Clerk. A record of their proceedings shall be kept; the attendance of a majority of the members of the Board shall be necessary for the transaction of business; at the said meeting the Board shall designate the precincts of the county and appoint Inspectors and Judges of such precincts, and give notice at each of the said precincts.
Returns. Meeting of Board. Duties thereof. Statement of. County seat. Declared elected.	SEC. 10. Sealed returns from the officers of election may be delivered to any member of the Board. The said Board shall meet at the fifth day subsequent to the election at the house of James A. Neal & Co., and the returns shall be opened and read, and under their direction, and in their presence a tabular statement shall be made out, showing the vote given at each precinct of the county, of each person and for each of the offices to be filled at the election, and also the entire vote given for each person, and in the county for county seat, and for what place or places cast. The statement made by such Board, shall be signed by its President and Clerk. The place for which the highest number of legal votes shall be found to have been cast, shall be the county seat. The persons having the highest number of legal votes for the several offices to be filled shall be declared elected, and the President shall immediately make out and send to each person chosen, a certificate of election signed by him as President of the Commissioners, and attested by the Clerk.

SEC. 11. The County Judge shall qualify before the President of the Board, and enter upon the discharge of duties of his office on the day succeeding the meeting of the Board as provided in the preceding section. The persons elected as county officers as provided in this Act shall qualify before the County Judge within ten days thereafter, and enter upon the discharge of their duties.	County Judges.
SEC. 12. The President of the Board shall transmit without delay a copy of the tabular statement prepared as provided for in section tenth to the Secretary of State. The election returns of the county and a duplicate tabular statement shall be furnished to and retained by the County Judge of the county until the person elect as Clerk of said county has qualified and entered upon his duties, after which they shall be filed in his office.	Duty of President.
SEC. 13. The County Judge chosen under this Act shall hold office for four Years from the next annual election of the Assembly, and until his successor is elected and qualified; the other officers under this Act shall hold their respective offices for the term fixed by law, commencing from the next annual election for members of the Assembly.	Terms of office.
SEC. 14. The County Judge shall receive for his services such sum annually as shall be determined by the Board of Supervisors, not to exceed one thousand five hundred dollars, to be paid in the manner provided by an Act to fix the Compensation of County Judges and Associates of the Court of Sessions, approved May 17th, 1853.	Compensation of County Judge. How Paid.
SEC. 15. The county of Merced for representative purposes shall be attached and remain a portion of Mariposa county as now fixed, until otherwise provided by law.	County of Merced.
SEC. 16. The county of Merced for Judicial purposes shall be attached to and form a part of the Thirteenth Judicial District.	Judicial purposes.
SEC. 17. The Board of Supervisors of Merced county shall have power to levy a special tax, not to exceed fifty cents on each one hundred dollars of valuation of taxable property of said county, to be assessed and collected as other taxes, and the fund arising from special tax shall be applied solely to the erection of a Jail and Court House for said county.	Supervisors. Fund from special tax. How applied.
SEC. 18. The Board of Supervisors of Merced county shall appoint two Commissioners to meet a corresponding number of Commissioners appointed in like manner by Mariposa, for the purpose of ascertaining and settling the amount of indebtedness the county of Merced shall assume and become responsible for. of the debts of said county of Mariposa, and when ascertained and certified to said Commissioners or a majority of them to their respective counties, the Board of Supervisors of Merced county shall cause to be issued by the County Treasurer in favor of the county of Mariposa the sum so agreed upon payable out of any money that may come into the Treasury of Merced county.	Commissioners to meet. Supervisors shall cause to be issued.
SEC. 19. All township officers chosen at the general election for Mariposa county whose districts by this Act may be included within the present limits of Merced county, shall continue to hold their respective offices for said county of Merced, during the term for which they were elected, and until their successors are elected and qualified.	Township officers.
SEC. 20. The Clerk and Recorder of Mariposa County upon application by any person and payment of the fees, shall furnish certified copies of all deeds or other papers recorded in their offices, wherein the subject mater of such deed or other papers are situated in Merced county.	Officers to furnish papers, &c.

Action pending. How disposed of.	SEC. 21. All actions pending or proceedings in the nature of actions, whether original or on appeal, civil or criminal, that were commenced by a party or parties now residing within the limits of Merced county, shall be disposed of by the tribunals and officers having jurisdiction of the same in Mariposa county upon the organization of said Merced county.
Duty of County Surveyor. Compensation.	SEC. 22. It shall be the duty of the County Surveyor under the instructions and directions of the Board of Supervisors to survey and mark the lines of Merced county in accordance with the provisions of this Act, and for said services he shall receive such compensation as may be allowed by law.
Sinking Fund. Purpose thereof. Duty of Treasurer. Receipt.	SEC. 23. Twenty per cent. of all moneys received in the County Treasury of Merced county shall be set apart as a sinking fund to liquidate the debt due from Merced county to Mariposa county, and shall be paid over by the Treasurer of Merced county to the Treasurer of Mariposa county, every three months, and the Treasurer of Merced county shall take his receipt therefor.