2280. [An Act amendatory of the above section, as it originally stood, approved March, of attorneys 22, 1856, 50, contained the following additional provision, in a second section: The same fees prosecuting. shall be allowed and paid in the same manner where the offense may be prosecuted by any other attorney under the direction of the court, or by the request of the district attorney.

An Act amendatory of the act of March 22, 1856, approved April 7, 1857, 181, contained a second section with the following provision: Nothing in this act shall be held or construed to apply to the City and County of San Francisco.

2281. SEC. 693. The fees allowed to justices of the peace, and other officers having of justices. the jurisdiction and authority of justices of the peace, clerks, peace-officers, and district attorneys, shall, when the defendant is convicted, be considered and recovered against him as costs in the suit, and be collected in like manner as costs in civil cases. 2282. SEC. 694. The fees allowed a sheriff for summoning jurors, jurors' fees, and When county the fees allowed magistrates, peace-officers, and clerks, in cases where the defendant is acquitted, or where being convicted he is unable to pay the costs, shall be county charges, and shall be audited and paid in like manner as other charges against the county.

charges.

to account for

2283. SEO. 695. Whenever any officer, except district attorneys, mentioned in this Salaried officers act, receives a salary, he shall account for and pay over to the treasurer of the city fees of which he is an officer, all fees collected by him under the provisions of this act. 2284. SEC. 696. The act entitled "An Act to regulate proceedings in criminal Repeal of former cases," passed April twentieth, eighteen hundred and fifty, is hereby repealed, but such repeal shall not affect any action or proceeding had or commenced before this act shall take effect.

SEC. 697. This act shall take effect the first day of July next.

act.

SUPPLEMENTAL ACTS.

An Act amendatory of and supplementary to an act entitled "An Act to regulate proceedings in criminal cases, passed May 1, 1851."

Approved April 22, 1858, 217.

[Sections 1 and 2 contain the amendments to Secs. 481 and 482 of the act of 1851, therein inserted.]

2285. SEC. 3. The appeal to the county court from the judgment of a justice's, Hearing of appeal. recorder's, mayor's, or police judge's court, shall be heard upon a statement of the case settled by the justice, police judge, recorder, or mayor, embodying the evidence, and such rulings of the court as are excepted to.

2286. SEC. 4. Upon the appeal to the county court, if a new trial be granted, such Disposition of new trial shall be had in the county court. If the judgment be affirmed, a copy of appeal. the judgment of affirmance shall be sent to the court below, upon the receipt of which the court below shall proceed to enforce its sentence.

transferred.

2287. SEC. 5. All appeals from a justice's, mayor's, recorder's, or police judge's Appeals court, remaining undetermined, and now pending in any court of sessions, shall be transferred to the county court of the proper county, and be heard and determined by said county court, in like manner as if the appeal were originally taken to the county court, under the provisions of this act.

2288. SEC. 6. Nothing in this act contained shall apply to the police judge's court Police judge's in the city of San Francisco, save the provisions of section one of this act.

An Act amendatory of and supplementary to an act entitled "An Act to regulate proceedings in criminal cases, approved May 1, 1851, and the several acts amendatory thereof and supplementary thereto.

Approved April 3, 1863, 158.

[The first twenty-two sections of this Act contain amendments, respectively and in order, to Secs. 14, 20, 31, 81, 177, 179, 216, 226, 238, 263, 309, 310, 311, 314, 320, 404, 440, 453, 481, 498, 523, and 632 of the act of 1851, therein inserted.]

court of
San Francisco,

of

2289. SEC. 23. All criminal actions and proceedings pending in the courts of ses- Transfer of cases sions on the first day of January, in the year one thousand eight hundred and sixty-fourt four, shall be and the same are hereby transferred to the county courts; all criminal county courts. actions and proceedings for fighting a duel and killing or wounding any person therein, or for arson, shall be and the same are hereby transferred to the county courts, which county courts shall have full and complete jurisdiction over the same; and no action or proceeding shall abate by reason of the abolition of the courts of sessions.

serted between the words "event" and "become." The second section of this act of 1857, relating to San Francisco, is given above within brackets.

The amendment of 1860, given in the text, is an amendment of the section as amended in 1857.

Section 692 was repealed as to Los Angeles County by special act approved April 6, 1861, 103.

Sections to take effect.

2290. SEC. 24. Sections three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, eighteen, nineteen, twenty, and twenty-one, of this act, shall take effect and be in force on and after the first day of January, in the year one thousand eight hundred and sixty-four.

An Act supplementary to the act entitled "An Act concerning crimes and punishments." (requiring courts to inquire as to intoxication of defendants on trial, &c.) approved April 1, 1864; 1863-4, 298.

See CRIMES and PUNISHMENTS, ante, 1571.

Trustees and terin of office.

Bond.

Organization.

Plans and specifications,

Award of contract.

'Terms of contract.

Security.

Quorum.

Payments.

Appropriation.

Deaf, Dumb, and Blind.

An Act for the education and care of the indigent deaf, dumb, and blind, in the State of California.

Approved April 18, 1860, 211.

2291. SECTION 1. Messrs. Frederick Billings, J. A. McDougall, B. H. Randolph, P. B. Clark, and H. P. Janes, are hereby constituted a board of trustees, whose term of office shall be for two years, and until their successors are appointed and qualified, who shall be authorized and empowered to erect or cause to be erected, a building or buildings, suitable for the education and care of the indigent deaf, dumb, and blind, to be erected upon any lands that may be donated to the State, in the City and County of San Francisco.

2292. SEC. 2. The trustees provided for in this act shall, within thirty days after the passage of this act, qualify by taking the usual oath of office, and jointly and severally execute and deliver to the governor a bond, payable to the State of California, in the sum of three thousand dollars, with good and sufficient sureties, to be approved by the governor, conditioned for the faithful performance of all the duties which may be required of them by law, and for the delivery to their successors in office all books, papers, moneys, vouchers, and effects, belonging to their office.

2293. SEC. 3. They shall, within ten days after the approval of their bond, organize by electing from their number a president and a secretary of the board of trustees. 2294. SEC. 4. They shall, within thirty days after the approval of their bond, adopt some plans and specifications for the erection of said building or buildings, and place said plans and specifications in the office of the clerk of the City and County of San Francisco, and give public notice by advertising in two or more daily newspapers published in the City and County of San Francisco, and of their readiness to receive sealed proposals for the erection of a building or buildings, in accordance with the plans and specifications there on file, and the time and place when said proposals will be received and opened.

2295. SEC. 5. The trustees shall award said contract to the lowest responsible bidder, and have the power to reject any and all bids, and advertise again for further proposals.

2296. SEC. 6. All contracts made under the provisions of this act shall be carefully drawn, under the supervision of the trustees, and shall contain a detailed specification of the work to be done, the manner in which the same shall be executed, quality of materials to be used, and the time within which the same shall be completed.

2297. SEC. 7. They shall require of such person or persons to whom said contract shall be awarded, a good and sufficient bond, of double the amount of said contract, for the faithful performance of the same, to be approved by the board of trustees. 2298. SEC. 8. A majority of the board of trustees shall constitute a quorum, and shall be competent to transact business.

2299. SEC. 9. The trustees may make payment to the contractors from time to time, as the work shall progress; provided, that until the contract is completed, at no time shall such payment exceed seventy-five per cent. of the value of labor performed or materials furnished; said value shall be ascertained and determined by the trustees.

2300. SEC. 10. The sum of ten thousand dollars is hereby appropriated out of any money in the treausry not otherwise appropriated, to be expended in the erection of a building or buildings for the accommodation of the indigent deaf, dumb, and blind, for their education and care, and all necessary expenses attending the same, and the

Proviso.

trustees.

controller is hereby authorized to draw his warrants on the treasurer, in such sums as may be required of him by the board of trustees for the erection and expenses of the same; provided, that, in the aggregate, they do not exceed ten thousand dollars. 2301. SEC. 11. It shall be the duty of said trustees, and they are hereby au- Duties and thorized, to take the general charge and management of the said institution; to make powers of all necessary rules and regulations, not inconsistent with law, for the government of the same; to see that such laws, rules, and regulations, are complied with; to see that proper discipline is maintained therein; to appoint a principal and such other teachers as in their judgment the wants of the institution may require, and to remove such principal or other teachers at pleasure, and appoint others in their stead. It Annual report. shall also be the duty of said trustees to make a full report annually, under the oath of the president of said board, to the governor of the State, of the condition and affairs of said institution.

2302. SEC. 12. It shall be the duty of the governor, and he is hereby authorized, to appoint, biennially, successors to said trustees, and also from time to time to fill any vacancy in said board which may occur from death, resignation, or otherwise.

An Act to authorize the board of supervisors of the City and County of San Francisco to donate and convey a site for the institution to be erected for the education and care of the indigent deaf, dumb, and blind, in the State of California.

Approved April 27, 1860, 277.

[This act having been long since executed, it is deemed unnecessary to do more than refer to it.]

An Act supplemental to "An Act for the education and care of the indigent deaf, dumb, and blind, in the State of California, approved April 18, 1860."

Approved March 29, 1861, 81.

2303. SECTION 1. That every deaf and dumb, or blind, person between eight and Who may be pupils. twenty-five years of age, who is neither mentally, or physically, incapacitated to receive an education, whose parent, parents, or guardian, may be residents of this State, and who may make application for that purpose, shall be received into the California Institution for the Education and Care of the Deaf and Dumb, or Blind, in the manner hereinafter mentioned, and be provided with board, lodging, and tuition, by the managers of the said institution; provided, that no one scholar shall be taught at the ex- Proviso. pense of the State more than five years, and the term of the present pupils shall be considered as having commenced at the time when they were received into the institution as charity scholars, and that the annuity from the State shall only apply to them from and after the passage of this act.

2304. SEC. 2. That whenever the parent, guardian, or nearest friend, of a deaf, To make dumb, or blind, person is desirous to have him, or her instructed, application shall be application. made to the county judge of the county wherein such deaf and dumb, or blind, person shall reside, who shall certify to the liability of the parent, parents, or guardian, to pay his, or her, board and tuition, which certificate being produced, shall authorize the trustees of the institution aforesaid to receive such deaf and dumb, or blind, person as a pupil; provided, in cases where the parent, or guardian, is able to defray the Proviso. expenses of his, or her, board and tuition, the judge shall state that fact, and the pupil shall be admitted, by the parent, or guardian, first paying, quarterly, in advance, his, or her, board, or tuition, to the trustees of the institution, at the rate of three hundred dollars per annum.

2305. SEC. 3. That each indigent pupil so received into the institution aforesaid, Accounts. shall be provided with board, lodging, and tuition; and the managers of the said institution shall receive, for each pupil so provided for and not paid by parent, or guardian, the sum of two hundred and fifty dollars per annum, in quarterly payments, to be paid by the treasurer of the State on warrants of the controller, to the treasurer of the board of managers of the said institution, on presentation of an account showing the number of indigent pupils attending the school, and the time of their attendance, which account shall be signed and certified by the president and secretary of the board of managers of the said institution, and countersigned by the president, or secretary of the board of trustees, and audited by the board of examiners; and the controller is hereby authorized and required to draw his warrants on the treasurer for the account so audited and allowed, to be paid out of any moneys not otherwise appropriated.

2306. SEC. 4. It shall be the duty of the trustees and board of managers of the Reports. said institution to present, annually, to the legislature on, or before, the first day of

Appropriation.

Proviso.

Proviso.

Bonds

Form of bonds,

Coupons for interest.

Recor of bonds.

Amount to be issued.

Appropriation.

Tax for payment of principal and interest.

Surplus in asylumn fund.

February in each and every year, a detailed report of the condition of said institution and of the number of pupils therein, stating their names, ages, sex, place of birth and residence, with a statement of the receipts and expenditures for, or on account of, said institution, during the preceding year.

2307. SEC. 5. The sum of ten thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated, to be expended in the erection of an additional wing to the present wing of the Institution for the Education and Care of the Indigent Deaf, and Dumb, and Blind, and other necessary out-houses; and the controller is hereby authorized to draw his warrants on the treasury in such sums as they may be required of him by the board of trustees of the aforesaid institution; provided, that in the aggregate they do not exceed ten thousand dollars. The trustees shall proceed to complete said building, and let contracts for the same in accordance with the provisions of an act to which this is supplemental; provided, that no warrant shall be drawn for any portion of the money herein appropriated until the first Monday in May, eighteen hundred and sixty-one.

2308. SEC. 6. This act shall take immediate effect after the passage thereof, and continue in force until otherwise ordered by legislative enactment.

[An Act appropriating $1447 94, to pay the board of managers for quarter ending June 30, 1861, was approved March 25, 1862, 87.]

An Act to provide bonds for completing the deaf, dumb, and blind asylum.

Approved April 27, 1863, 583.

[See, in relation to the force and effect of this act, Sec. 2 of the act of April 4, 1864, given post, 2323.]

2309. SECTION 1. For the purpose of completing and furnishing the State asylum for the deaf, dumb, and blind, the treasurer of State shall cause to be prepared suitable bonds of the State of California, bearing interest at the rate of seven per cent. per annum, payable semi-annually, on the first day of January and the first day of July of each year, at the office of the treasurer of State.

2310. SEO. 2. The said bonds shall be signed by the governor, and countersigned by the controller, and indorsed by the treasurer of State, and shall have the seal of the State affixed thereto, and shall date from the first day of July, A. D. eighteen hundred and sixty-four, and be made payable at the office of the treasurer of State within twenty years after the date of their issue.

2311. SEC. 3. The coupons for interest shall be attached to each bond, so that each one may be removed without injury or defacement of the bond or the remaining coupons. The said coupons shall be consecutively numbered, and signed by the treas urer of State, and shall represent the semi-annual interest on the bond to which they are attached.

2312. SEO. 4. The treasurer shall furnish the controller of State with the number and amount of each bond prepared for issue, and each of the above-named officers shall keep a careful and correct record of the number and denomination of each bond issued under this act, the whole amount of which bonds, to be styled the "asylum bonds," shall not exceed seventy-five thousand dollars ($75,000).

2313. SEC. 5. The sum of seven hundred dollars is hereby appropriated from the fund arising from the sale of the "asylum bonds" to pay such expenses as may be incurred by the treasurer in the preparation of the said bonds.

2314. SEC. 6. For the payment of the principal and interest of the "asylum bonds" authorized by this act, there shall be levied on the first Monday in March, A. D. eighteen hundred and sixty-four, and each year thereafter until the interest and principal of said bonds shall be fully paid, an annual tax of three-fourths of one per cent. on each one hundred dollars of value of all the taxable property in this State, which tax shall be assessed and collected as other State taxes, and by the treasurer of State set apart in a fund, to be designated the "asylum bond redemption and interest fund," to be applied exclusively to the payment of the interest of the "asylum bonds," and for the redemption of the same; and the faith of the State of California is hereby pledged for the payment, as herein provided, of the principal and interest of the said “asylum bonds."

2315. SEC. 7. Whenever on the first day of January or the first of July of any year, there remains in the "asylum bond and redemption interest fund," a surplus of five thousand dollars, or more, after the payment of interest as herein provided, it shall be the duty of the treasurer of State to advertise ten days in one daily newspaper published in the City of Sacramento, and in one daily newspaper published in the City

of San Francisco, for sealed proposals, to be opened one month after the expiration of the time of publication, in presence of the governor, State controller, and treasurer, at the treasurer's office, for the surrender of asylum bonds; and the advertisement shall state the amount of moneys in the fund to be applied for the redemption of the said bonds, and the lowest proposals for surrender shall be accepted at such rates, not exceeding par value, as will redeem the largest amount of bonds, until the money in the fund is exhausted.

2316. SEC. 8. The treasurer of State shall keep a full and particular account of Treasurer to report monthly. interest paid and bonds redeemed, and render the same to the controller, monthly, and it shall be his duty to pay the interest on the said bonds, when the same falls due, from the fund provided by this act.

of bonds.

2317. SEC. 9. When this act shall have been ratified by vote of the people, as here- Notice for sale inafter provided, the treasurer of State shall advertise twenty days in one daily newspaper published in the City of Sacramento, and in one daily newspaper published in the City of San Francisco, for sealed proposals for the purchase of the whole or any portion of the "asylum bonds," and on the day named in the advertisement for opening said proposals, they shall be opened at the office of the treasurer of State, in presence of the governor, controller, and treasurer, and the sums bid for awarded to the highest bidder; provided, that no bid shall be accepted at more than ten per cent. Proviso, discount upon the amount represented by the bonds bid for; and any portion of the amount of bonds authorized to issue under this act, which shall not be disposed of by bid as above provided, shall be sold by the treasurer of State, with the approval of the governor and controller; provided, that no sale shall be made at more than ten Proviso. per cent. discount upon the amount represented by the bonds so sold, with the interest which may be due and represented by coupons at the time of such sale; and all sales shall be made for gold coin of the United States, and the proceeds shall be set apart in the treasury, and constitute the "blind asylum building fund."

2318 SEC. 10. The trustees of the deaf, dumb, and blind asylum, upon approved Erection and furnishing plans and specifications, which shall be filed in the office of the secretary of State, asylum. shall contract, upon sureties, which shall be approved by the governor, for the erection and furnishing of the asylum in a complete manner; provided, it shall not involve Proviso. more expenditure than will be covered by the amount realized from the sale of the asylum bonds issued under this act.

2319. SEC. 11. All claims for material, labor, and charges incurred in constructing Claims to be and furnishing the deaf, dumb, and blind asylum, in accordance with the plans above certified, &c. mentioned, shall be certified by the board of trustees, and upon approval by the board of State examiners, the controller of State shall draw his warrant for the amount of such claim in favor of the person or persons to whom it is due, and the treasurer of State shall pay the same from the blind asylum building fund.

submitted to

vote.

2320. SEC. 12. This act shall be submitted to the people of the State for ratification Act to be at the general election, to be held on the first Wednesday of September, a. d. eighteen hundred and sixty-three, and the qualified electors of this State will, at said election, on their ballots for State officers, vote either for or against this act; those voting for the same shall have written or printed on their ballots for State officers the words "For Asylum Building Act," and those voting against the same shall have written or printed on their ballots the words "Against Asylum Building Act."

result.

2321. SEC. 13. The votes for and against this act shall be canvassed, returned, and Proclamation of declared, in the same manner and subject to the same rules as votes cast for treasurer of State, and if it appear that a majority of all the votes cast for and against this act as aforesaid are in favor of the same, then it shall have immediate effect, and the governor shall make proclamation thereof accordingly, and the treasurer of State shall proceed as above directed to provide for the preparation and sale of the bonds herein authorized. But should a majority of votes be given against the act, then it shall be void and of no effect.

2322. SEC. 14. The secretary of State shall cause this act to be published in one Publication. newspaper in each judicial district, if one be published therein, throughout the State, for three months preceding the first Wednesday of September, A. D. eighteen hundred and sixty-three, at such rates of advertising as are maintained by the papers in which the same may be published; provided, they do not exceed the rates fixed for Proviso. State printing.

SEO. 15. Section fourteen of this act shall take effect immediately.