Statutes of California, 1850

THE

STATUTES OF CALIFORNIA,

PASSED AT THE

FIRST SESSION

OF THE

LEGISLATURE.

BEGUN THE 15th DAY OF DEC. 1849, AND ENDED THE 22d DAY OF APRIL, 1850, AT THE CITY OF PUEBLO DE SAN JOSÉ.

WITH AN APPENDIX AND INDEX.

SAN JOSE.

J. WINCHESTER, STATE PRINTER.

---

1850.

STATUTES OF CALIFORNIA.

CONTENTS.

---

																									PAGE
Declaration of Independence,																									1
Constitution of the United States,																									4
Amendments to the Constitution of the United States,																									12
Treaty of Peace, Friendship, Limits, and Settlement, between the United States of America and the Mexican Republic,																									14
Articles referred to in the preceding Treaty,																									23
Constitution of the State of California,																									24
APPENDIX.
LAWS OF THE UNITED STATES RELATING TO CALIFORNIA.
Extract from an Act to establish post routes,																									37
A resolution authorizing the Secretary of War to furnish arms and ammunition to persons emigrating to the territories of Oregon, California, and New Mexico,																									37
An Act to extend the revenue laws of the United States over the territories and waters of California, and to create a collection district therein,																									37
An Act making appropriation for the naval service for the year ending 30th June, 1850, extract,																									38
LAWS OF THE UNITED STATES RELATIVE TO NATURALIZATION.
An Act to establish a uniform rule of naturalization, and to repeal the acts heretofore passed on that subject,																									39
An Act in addition to an Act, entitled "An Act to establish an uniform rule of naturalization, and to repeal the Acts heretofore passed on that subject,"																									40
An Act supplementary to the Acts heretofore passed on the subject of a uniform rule of naturalization,																									41
An Act relative to the evidence in cases of naturalization,																									41
An Act in further addition to "An Act to establish a uniform rule of naturalization, and to repeal the Acts heretofore passed on that subject,"																									42
An Act to amend the Acts concerning naturalization,																									42
An Act to repeal in part the 12th section of an Act entitled "An Act for the regulation of seamen on board the public and private vessels of the United States,"																									43

STATUTES OF CALIFORNIA.

																									PAGE
Chapter 1.—An Act concerning the public archives,																									45
Chapter 2.—An Act to create the office of State Printer, and define his duties,																									45
Chapter 3.—An Act in relation to the appointment of Pilots for the different ports and harbors of San Francisco,																									46
Chapter 4.—An Act concerning the office of Comptroller,																									47
Chapter 5.—An Act concerning the office of State Treasurer,																									48
Chapter 6.—An Act concerning the office of Secretary of State,																									49
Chapter 7.—An Act for fixing the time for Acts and Joint Resolutions to take effect,																									51
Chapter 8.—An Act creating the office of State Translator,																									51
Chapter 9.—An Act prescribing the mode of receiving, keeping, and paying out the Public Funds,																									51
Chapter 10.—An Act creating a Temporary State Loan,																									53
Chapter 11.—An Act concerning the office of Attorney-General,																									53
Chapter 12.—An Act authorizing the Secretary of State, Comptroller, Treasurer, Surveyor-General, and Attorney-General, to rent offices, and procure the necessary office furniture for their respective offices,																									56
Chapter 13.—An Act appropriating money out of the general fund to defray the expenses of the Government of the State of California,																									56
Chapter 14.—An Act to organize the Supreme Court of California,																									57
Chapter 15.—An Act subdividing the State into Counties and establishing the Seats of Justice therein,																									58
Chapter 16.—An Act concerning the revenue, funds, expenditure, and property of the State, and management thereof,																									63
Chapter 17.—An Act defining the amount of revenue to be collected to defray the expenses of the Government of the State of California for the year eighteen hundred and fifty,																									65
Chapter 18.—An Act to establish Pilots and Pilot Regulations for the Port of San Francisco,																									65
Chapter 19.—An Act authorizing a loan on the faith and credit of the State to pay the expenses of the Civil Government thereof,																									69
Chapter 20.—An Act to incorporate Sacramento City,																									70
Chapter 21.—An Act concerning the Official Bonds of Officers,																									74
Chapter 22.—An Act authorizing the Clerk of the Supreme Court to rent a court-room in the City of San Francisco,																									76
Chapter 23.—An Act to supersede certain Courts and to regulate Appeals therefrom to the Supreme Court,																									77
Chapter 24.—An Act to provide for holding the first County Election,																									80
Chapter 25.—An Act concerning the Salaries of Officers,																									83
Chapter 26.—An Act defining the duties of State Printer and fixing his compensation,																									83
Chapter 27.—An Act supplementary to an "Act to provide for holding the first County Election,"																									85
Chapter 28.—An Act for the remuneration of Charles White for money advanced to Caleb Lyons to furnishing the design and making the Great Seal of the State,																									85
Chapter 29.—An Act regulating the duties of Harbor-Master of the Port of San Francisco, and fixing his duties,																									85
Chapter 30.—An Act to provide for the Incorporation of Cities,																									87
Chapter 31.—An Act to regulate the Interest of Money,																									92
Chapter 32.—An Act to provide for the early publication of the Laws of California,																									92
Chapter 33.—An Act to organize the District Courts of the State of California,																									93
Chapter 34.—An Act supplementary to an Act, entitled "An Act to Incorporate Sacramento City",																									96
Chapter 35.—An Act creating and regulating Public Ferries,																									97
Chapter 36.—An Act empowering the Governor to appoint Commissioners of Deeds, and defining the duties of such officers,																									100
Chapter 37.—An Act declaring certain Rivers, Creeks, and Sloughs herein named navigable,																									100
Chapter 38.—An Act to regulate Elections,																									101
Chapter 39.—An Act concerning the office of County Attorney,																									112
Chapter 40.—An Act concerning the office of District Attorney,																									112

																									PAGE
Chapter 41.—An Act concerning Notaries Public,																									114
Chapter 42.—An Act concerning the office of County Treasurer,																									115
Chapter 43.—An Act concerning the office of County Assessor,																									117
Chapter 44.—An Act concerning Jails and Jailors,																									118
Chapter 45.—An Act to incorporate the City of Benicia,																									119
Chapter 46.—An Act to incorporate the City of San Diego,																									121
Chapter 47.—An Act to incorporate the City of San José,																									124
Chapter 48.—An Act to provide for the incorporation of Towns,																									128
Chapter 49.—An Act concerning lawful fences and animals trespassing on premises lawfully inclosed,																									131
Chapter 50.—An Act to incorporate the City of Monterey,																									131
Chapter 51.—An Act to change the name of William H. Smith to William Smith Hosford,																									135
Chapter 52.—An Act prescribing the mode of assessing and collecting Public Revenues,																									135
Chapter 53.—An Act to establish a standard for Weights and Measures,																									144
Chapter 54.—An Act concerning Volunteer or Independent Companies,																									145
Chapter 55.—An Act to authorize the formation of Limited Partnerships,																									148
Chapter 56.—An Act to incorporate the City of Sonoma,																									150
Chapter 57.—An Act defining the compensation of Clerks employed by the Secretary, Treasurer, and Comptroller of State,																									151
Chapter 58.—An Act establishing Recorders' Offices, and defining the duties of the Recorder and County Auditor,																									151
Chapter 59.—An Act to regulate the Senatorial and Assembly Districts,																									154
Chapter 60.—An Act to incorporate the City of Los Angeles,																									155
Chapter 61.—An Act amendatory of sections 7, 8, 9, 10, and 14, of "An Act subdividing the State into Counties, and establishing the Seats of Justice therein,"																									155
Chapter 62.—An Act concerning Water Craft found Adrift, and Lost Money and Property,																									156
Chapter 63.—An Act to establish a Municipal Court in the City of San Francisco, to be called the Superior Court of the City of San Francisco,																									159
Chapter 64.—An Act creating Officers of Health for the port of San Francisco, and defining their duties,																									162
Chapter 65.—An Act providing for the creation of a Marine Hospital for the State of California,																									164
Chapter 66.—An Act regulating the Quarantine of vessels at the port and harbor of San Francisco,																									167
Chapter 67.—An Act prescribing the duties and fixing the compensation of County Surveyors,																									170
Chapter 68.—An Act to incorporate the City of Santa Barbara,																									172
Chapter 69.—An Act defining the duties of the State Librarian, and prescribing rules for the Government of the State Library,																									172
Chapter 70.—An Act concerning Wrecks and Wrecked Property,																									173
Chapter 71.—An Act to provide for the creation of Court Houses,																									176
Chapter 72.—An Act concerning Wills,																									177
Chapter 73.—An Act to regulate proceedings in Courts of Justices of the Peace in Civil Cases,																									179
Chapter 74.—An Act to prevent obstacles in Navigable Streams,																									188
Chapter 75.—An Act providing for the collection of demands against Vessels and Boats,																									189
Chapter 76.—An Act concerning the organization of the Militia,																									190
Chapter 77.—An Act to create Post Wardens for the Cities of San Francisco and Sacramento and other Ports of California,																									196
Chapter 78.—An Act to provide for the inspection of Steamboats,																									197
Chapter 79.—An Act to provide for the holding of a Special Term of the District Court of the Fourth Judicial District,																									198
Chapter 80.—An Act to provide for the permanent location of the Seats of Justice of the several Counties,																									199
Chapter 81.—An Act concerning Roads and Highways,																									200
Chapter 82.—An Act to prevent the importation of Convicts into this State,																									202
Chapter 83.—An Act prescribing the mode of maintaining and defending Possessory Actions on lands belonging to the United States,																									203
Chapter 84.—An Act to regulate proceedings in the County Courts, in cases of appeal from the Courts of Justices of the Peace,																									203

																									PAGE
Chapter 85.—An Act concerning Offices,																									205
Chapter 86.—An Act to organize the Court of Sessions,																									210
Chapter 87.—An Act to provide for the lien of Mechanics and others,																									211
Chapter 88.—An Act requiring Alcaldes and Judges of the Courts of First Instance to account for Moneys received and expended by them,																									213
Chapter 89.—An Act concerning Marks and Brands,																									214
Chapter 90.—An Act concerning the Office of Reporter,																									216
Chapter 91.—An Act concerning the County Officers for the County of Santa Clara,																									217
Chapter 92.—An Act to organize the County Courts,																									217
Chapter 93.—An Act concerning the transfer of certain Records, Conveyances, and Papers,																									218
Chapter 94.—An Act to amend "An Act to organize the Supreme Court of California,"																									219
Chapter 95.—An Act adopting the Common Law,																									219
Chapter 96.—An Act to regulate Descents and Distributions,																									219
Chapter 97.—An Act for the better regulation of the Mines, and the government of Foreign Miners,																									221
Chapter 98.— An Act to incorporate the City of San Francisco,																									228
Chapter 99.—An Act concerning Crimes and Punishments,																									229
Chapter 100.—An Act relating to Bills of Exchange and Promissory Notes,																									247
Chapter 101.—An Act concerning Conveyances,																									249
Chapter 102.—An Act amendatory of "An Act prescribing the mode of Assessing and Collecting Public Revenue,”																									253
Chapter 103.—An Act defining the rights of Husband and Wife,																									254
Chapter 104.—An Act concerning the office of Surveyor-General,																									256
Chapter 105.—An Act to fix the Terms of the Superior Court of the City of San Francisco,																									257
Chapter 106.—An Act to prescribe the duties of Sheriffs,																									258
Chapter 107.—An Act to provide for the complete organization of all the Counties in this State,																									259
Chapter 108.—An Act to amend "An Act organizing the District Courts of the State of California,"																									260
Chapter 109.—An Act amendatory of the thirteenth section of an Act entitled "An Act to Incorporate the city of San José,"																									261
Chapter 110.—An Act to define the duties of County Clerk,																									261
Chapter 111.—An Act amendatory of the twenty-eighth and thirtieth sections of the "Act subdividing the State into Counties and establishing the Seats of Justice therein,"																									262
Chapter 112.—An Act to prescribe the duty of Constables,																									263
Chapter 113.—An Act concerning Coroners,																									264
Chapter 114.—An Act concerning Fraudulent Conveyances and Contracts,																									266
Chapter 115.—An Act to provide for the appointment and prescribe the duties of Guardians,																									268
Chapter 116.—An Act providing for the payment of certain post-office expenses of the Assembly and of certain contingent expenses of the Senate,																									273
Chapter 117.—An Act to provide for the Incorporation of Colleges,																									273
Chapter 118.—An Act to prevent the Coining of Money by Individuals,																									274
Chapter 119.—An Act to regulate the Proceedings in Criminal Cases,																									275
Chapter 120.—An Act to amend an "Act to regulate proceedings in Criminal Cases,"																									332
Chapter 121.—An Act relative to bonds, due bills, and other instruments in writing, and making them assignable,																									332
Chapter 122.—An Act concerning the writ of Habeas Corpus,																									334
Chapter 123.—An Act concerning the office of State Assayer, Melter, and Refiner of Gold, and defining his duties,																									338
Chapter 124.—An Act to provide for the distribution of the Journals, Laws, Supreme Court Reports, and all other documents,																									340
Chapter 125.—An Act to abolish all Laws now in force in this State, except such as have been passed by the present Session of the Legislature,																									342
Chapter 126.—An Act amendatory of section second of "An Act creating a Marine Hospital for the State of California,"																									343
Chapter 127.—An Act defining the time for commencing Civil Actions,																									343
Chapter 128.—An Act concerning Corporations,																									347

																									PAGE
Chapter 129.—An Act to regulate the settlement of the Estates of deceased persons,																									377
Chapter 130.—An Act concerning Licenses,																									404
Chapter 131.—An Act concerning the County of Marin, and the other unorganized Counties of this State,																									406
Chapter 132.—An Act for the relief of persons imprisoned on civil process,																									407
Chapter 133.—An Act for the government and protection of Indians,																									408
Chapter 134.—An Act to fix the compensation to County Judges and Associate Justices of the Court of Sessions,																									410
Chapter 135.—An Act concerning persons in custody under sentence of imprisonment,																									411
Chapter 136.—An Act to take the sense of the people of California upon the subject of the permanent location of the Seat of Government,																									412
Chapter 137.—An Act to regulate proceedings against debtors by attachment,																									412
Chapter 138.—An Act to regulate fees of Office,																									416
Chapter 139.—An Act respecting set-off,																									423
Chapter 140.—An Act regulating Marriages,																									424
Chapter 141.—An Act concerning forcible entries and unlawful detainers,																									425
Chapter 142.—An Act to regulate proceedings in civil cases in the District Court, the Superior Court of the City of San Francisco, and Supreme Court,																									428
Chapter 143.—An Act prescribing the mode of appointing Auctioneers, and defining their duties,																									456
Chapter 144.—An Act authorizing a loan of money to pay the immediate demands on the Treasury, until a permanent fund can be raised for that purpose,																									458
Chapter 145.—An Act in relation to the money of accounts,																									459
Chapter 146.—An Act explanatory of an act entitled "An Act concerning the revenue, funds, expenditures, and property of the State, and management thereof,"																									459
JOINT RESOLUTIONS.
1.—Joint Resolution of thanks to Captain John A. Sutter,																									461
2.—Joint Resolution authorizing the Governor to employ a Private Secretary,																									461
3.— Joint Resolution classifying the Justices of the Supreme Court,																									462
4.—Joint Resolution in relation to the Washington Monument in the City of Washington, District of Columbia,																									462
5.—Joint Resolution in relation to the pay of Chaplains,																									463
6.—Joint Resolution instructing the Secretary of State to furnish copies of laws to the State Translators,																									463
7.—Joint Resolution in regard to the Mails,																									463
8.—Joint Resolution instructing our Senators and requesting our Representatives in reference to the Mails,																									464
9.—Joint Resolution in relation to the immediate publication of the general laws,																									465
10.—Joint Resolution permitting Chief Justice Hastings to visit Oregon or Panama,																									465
11.—Joint Resolution in relation to a National Railroad from the Pacific Ocean to tho Mississippi,																									465
12.—Joint Resolution in relation to the appointment of additional Translators,																									466
13.—Joint Resolution authorizing the State Translator to rent an office,																									466
14.—Joint Resolution in relation to the Public Archives,																									466
15.—Joint Resolution concerning the report of the proceedings of the Convention of Monterey,																									467
16.—Joimt Resolution concerning grants of Land by the General Government to commissioned officers who served in the late war with Mexico,																									467
17.—Joint Resolution classifying the Justices of the Superior Court of the city of San Francisco,																									468
18.—Joint Resolution in relation to the care and protection of the State property now in the Legislature,																									468
19.—Joint Resolution granting leave of absence to Justices Lyons and Bennett, of the Supreme Court,																									469
Index,																									471