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Accounts and reports.

Attorney general to advise with

Injunctions prohibited.

annum. Said salaries shall be payable monthly, out of the proceeds of any sales under this act, upon the certificate of the president and of two commissioners.

4245. SEC. 13. The said commissioners shall file with the controller of State, at the close of each sale, accounts of such sale, with the number and description of the property sold, the purchaser's name, and other needful information, of their receipts and disbursements, with all necessary vouchers, which accounts shall be sworn to and certified by the president and secretary of the board. They shall also make to the legislature, the first week of the session, a full report of their transactions during the preceding year, with such suggestions as may be proper.

4246. SEC. 14. It shall be the duty of the attorney general of this State to aid and commissioners. advise with said commissioners, when required by them, in carrying out the provisions of this act, and in the prosecution and defending all suits under the same. 4247. SEC. 15. It shall not be lawful for any judge or court of this State to restrain or prohibit any sale of the commissionors authorized under this act, by any order or injunction; and if any such order or injunction shall be issued for that purpose, all officers acting under this act may proceed with such sale, notwithstanding such injunction shall have been served on such officer.

Certain portion

of the government reserves excepted from provisions of this act.

Creation of
board.
18 Cal. 56.

To supersede commissioners.

Duties.

Agent and clerk.

4248. SEC. 16. So much of the property known as the government reserves, situate on the block bounded by Sansome, Battery, Washington, and Jackson Streets, as may have been selected by or on behalf of the general government for the erection of a custom-house, are reserved and excepted from the provisions of this act.

An Act supplementary to, and amendatory of, the foregoing act of May 18, 1853, 219.
Passed May 1, 1855, 226.

4249. SECTION 1. The governor, secretary of State, and controller of State, are hereby appointed a board, whose duty it shall be (when in their opinion the same may be deemed expedient) to advertise and dispose of the interest of the State in all property authorized to be sold under the act entitled an act to provide for the sale of the interest of the State of California in the property within the water-line front of the City of San Francisco, as defined in and by the act entitled An Act to provide for the disposition of certain property of the State of California, passed March twenty-sixth, eighteen hundred and fifty-one, passed May eighteenth, eighteen hundred and fiftythree, and yet remaining unsold.

4250. SEC. 2. The said board shall supersede the commissioners appointed under said act, from and after the time when the official term of said commissioners shall expire by law; and they shall discharge all the duties imposed on said commissioners by attending to and closing all business connected with the sale and disposition of said property.

4251. SEC. 3. It shall be lawful for said board to appoint an agent and clerk from time to time, for such length of time as they may think proper, or to authorize one of their own members to attend all sales; and it shall be the duty of said agent so Duty of agent. authorized to make all collections, receive payments in cash, or the civil warrants of the controller of State, and pay the same over to the treasurer on the warrant of the controller; and discharge such other duties as may be assigned him by said board. 4252. SEC. 4. The treasurer of State shall not be required to attend said sales, nor shall he receive any of the proceeds arising from sales heretofore or hereafter made, except as they may be paid over to him by the person, and in the manner provided in the third section, of this act.

Treasurer of
State.

Notice of sale.

Pond of agent.

Pay.

Advertising.

No compensation for board.

Commissioners to deliver, etc.

4253. SEC. 5. The said board shall not be required to give more than fifteen days' notice of any sale.

4254. SEC. 6. The said board shall also require their agent to give bond and security to the State, for the faithful performance of his duties; which bond shall be filed in the office of the secretary of State.

4255. SEC. 7. All the necessary contingent expenses of the board, including the pay of the clerk and agent, which said pay for either shall not exceed ten dollars per day, for each day of actual service; and the charges for advertising and printing, shall be paid out of the proceeds of the sales by the board, and the same shall be accounted for in their annual report; but the members of the board shall receive no compensation for their services, other than for necessary expenses.

4256. SEC. 8. The existing board of land commissioners, at the expiration of their term, as limited by law, shall deliver over to the board constituted by this act all books and papers relating to their office.

An Act supplementary to and amendatory of the foregoing supplementary and amendatory act of May 1, 1855.

Approved April 12, 1858, 139.

to report.

4257. SECTION 1. That said board, specified in the act entitled "An Act supple- Agent required mentary to and amendatory of an act entitled an act to provide for the sale of the interest of the State of California in the property within the water-line front of the City of San Francisco, as defined in and by the act entitled an act to provide for the disposition of certain property of the State of California," passed March twenty-sixth, one thousand eight hundred and fifty-one-passed May eighteenth, one thousand eight hundred and fifty-three, is hereby authorized and empowered to require the agent or clerk who shall have been appointed by it or who may hereafter be appointed by it, under and by virtue of the provisions of said act, to report to it in writing, and under oath, showing the land or property of the State sold under and by virtue of the provisions of said act, whilst he was acting as such agent or clerk; to whom the same was sold; the terms of sale; the price paid; to whom paid; and the disposition made of any and all moneys which may have come into his hands when acting as such agent or clerk. And said board may, also, at any time, require such agent or clerk to deliver to it, or some member thereof, any or all books, papers, or vouchers, pertaining to the transactions of said board, or of said agent or clerk, as such.

refusal.

4258. SEC. 2. That if said agent or clerk shall neglect or refuse to make the report, Punishment for or deliver the books, papers, or vouchers, named in section one of this act, within ten days from and after the same shall have been required by said board, as provided in said section, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined in a sum not less than one hundred dollars, nor over five thousand dollars, and may be imprisoned until such fine be paid; and said board, or any member thereof, may apply upon five days' previous notice thereof, to the district court of the district in which said agent or clerk shall then reside, for an order compelling said report, or the delivery of such books, papers, or vouchers, or any of them; and said district court may, after hearing the allegations and proofs of the parties, make the order applied for; and a failure to comply with such order shall be deemed a contempt of said court, and may be punished as such. 4259. SEC. 3. That if said agent or clerk shall fail or refuse to pay over to the Failure to pay. treasurer of State, on the warrant of the controller, any money which has come into his hands as such agent or clerk, within ten days after demand of the same shall have been made by such treasurer or his clerk, then said agent or clerk so failing or refusing to pay over such money, shall be deemed guilty of a felony, and punished by imprisonment in the State prison for a period of not less than one year nor more than five years; provided, that no prosecution shall be maintained under this act where the Proviso. sum not paid over is less than one hundred dollars.

SEC. 4. This act shall take effect and be in force from and after its passage.

An Act to provide for the sale of certain property of the State of California, within the waterline front of the City and County of San Francisco.

Approved April 26, 1858, 328.

possession of

property.

4260. SECTION 1. The governor of the State is hereby authorized to enter upon and Governor antake possession of all that certain tract or piece of land in the City and County of San porno take Francisco, bounded as follows, to wit: On the north, by the south line of Clay Street; city slip on the south, by the north line of Sacramento Street; on the east, by the water-line front of the said City and County of San Francisco; and on the west, by Davis Street. 4261. SEC. 2. The said tract of land shall be divided or laid out into lots and streets, Laid out in lots. in exact conformity with a division and plan, or map thereof, made by J. J. Gardiner, surveyor, in December, one thousand eight hundred and fifty-three, and which plan, or map, is recorded in the office of the city and county recorder of the City and County of San Francisco, in map-book number one, on page six.

4262. SEC. 3. The governor shall employ an auctioneer, and, as soon as possible, Sell at public proceed to sell at public auction, in the City and County of San Francisco, all the auction. right, title, and interest, of the State of California of, in, and to, all the said tract or property. Such sale shall be made by lots laid out as herein before provided, and only one lot shall be sold at one time. The terms of such sale shall be as follows: Cash, or the civil bonds of the State of California-ten per cent. to be paid on the day of sale, and the balance, or remainder, in ten days thereafter, in default whereof the property shall be resold at the purchaser's expense, and on his account; provided, that any Proviso. person who has made payment or payments, in cash, or in State indebtedness receivable for public dues by the State, of twenty-five per cent. of the price which he bid,

I'roviso.

Conveyances.

Expenses of salo.

Improvements.

Streets.

for any of the lots herein before mentioned, at a sale thereof made on the twenty-sirth day of December, one thousand eight hundred and fifty-three, by the City of Sa Francisco, or by the then mayor and a committee composed of persons who were the members of the common council of said city, and shall have a credit to the extent of said twenty-five per cent. upon the purchase by him, at the sale authorized and directed by this act, of the same lot or lots, or upon which he has paid said twentyfive per cent.; provided, also, that any person who has made payment of the price which he bid for any of the lots herein mentioned, at a sale made thereof on the tenth day of October, one thousand eight hundred and fifty-five, by the governor of the State of California, the controller of State, and secretary of State, acting as a board of commissioners, shall have a credit for the price so paid by him to said commissioners or the agent appointed by them, upon the purchase by him of the same lot or lots, at the sale authorized and directed by this act, which he purchased at said sale on the tenth day of October, one thousand eight hundred and fifty-five. At least twenty days' notice of the sale shall be given, in three daily newspapers published in said city and county. The compensation of the auctioneer shall not exceed two per cent. on the gross sale.

4263. SEC. 4. As soon as any purchaser has complied with the terms of sale, the governor shall make to the purchaser a conveyance by deed of bargain and sale, duly acknowledged, which deed shall be sealed with the seal of this State, and shall be prima facie evidence of the regularity of the sale, and of all previous proceedings by the governor under this act, and shall be evidence of title and right of possession in the grantee, his heirs and assigns, in all the courts of this State.

4264. SEC. 5. The governor shall pay all the expenses of said sale out of the proceeds thereof, and pay over the balance, or remainder, into the State treasury.

4265. SEC. 6. Any buildings, structures, or improvements upon said lots, shall not be sold, and the owners thereof shall have thirty days, after the sale authorized by this act, to remove or dispose of the same.

4266. SEC. 7. All the streets within the said water-line front of said City and County of San Francisco, as laid down on the map called the official map of said city, and high-water mark, and all the streets mentioned and referred to in the act entitled "An Act to provide for the disposition of certain property of the State of California," passed March twenty-sixth, one thousand eight hundred and fifty-one, to the full extent of said streets; and the streets, as laid down on the said map or plat made by J. J. Gardiner, surveyor, herein before mentioned, are hereby confirmed, established, and dedicated to the public use as streets.

SEO. 8. All acts, and parts of acts, conflicting with this act, are hereby repealed. 4267. An Act to authorize the sale and conveyance to the South San Francisco Homestead and Railroad Association of certain overflowed lands in the City and County of San Francisco.

Approved April 25, 1863, 487.

[This act authorizes the sale of lands at Hunter's Point in front of the lands of the association to a distance not to exceed 200 feet from low-water mark, but not beyond six feet water at the lowest stage of the tide.]

4268. An Act to authorize the sale and conveyance to the Golden City Homestead Association of certain overflowed lands in the City and County of San Francisco.

Approved April 4, 1864; 1863-4, 463.

[This act authorizes the sale of lands in front of the lands of the association on the Potrero Nuevo easterly to the easterly line of Massachusetts street.]

4269. An Act to authorize the sale and conveyance to the North San Francisco Homestead and Railroad Association of certain overflowed lands in the City and County of San Francisco.

Approved April 4, 1864; 1863-4, 482.

[This act authorizes the sale of lands in front of those of the association northerly to six feet water at low tide.]

4270. [A number of special acts have been passed in regard to certain portions of the lands belonging to the State, some granting to cities and towns the overflowed lands in front of them, as in the cases of Benicia, Martinez, and so on; others granting swamp and overflowed lands for the purposes of drainage and reclamation, as in several cases in Tulare Valley. References to these acts will be found under the heads of the respective counties in which the lands are situated.

Attention may also be here called to the numerous resolutions adopted by the legislature with reference to arranging the land business of the State and to procuring further donations for various internal improvements, especially railroads. These resolutions will be found in the various volumes of statutes, principally after 1858.]

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The act creating Lassen County, defining its boundaries, and An Act defining legal distances from county-sent to State cap. providing for its organization, will be fouud, 1863-4, 264. ital, lunatic asylum, and State prison, 1863-4, 476.

2

An Act to limit the terms of leases.

Leases.

Passed April 21, 1851, 169.

limited.

4272. SECTION 1. No lands within this State shall hereafter be conveyed by lease Terms of leases or otherwise except in fee and perpetual succession, for a longer period than ten years; 5 Cal. 49. nor shall any town or city lots, or other real property, be so conveyed for a longer 5 Cal. 64. time than twenty years.

SEC. 2. All leases hereafter made, contrary to the provisions of this act, shall be Leases, when void.

void.

Legislature.

[The general provisions of law in regard to the election, terms, duties, and liabilities of members of the legislature form parts of acts which have been arranged under other heads. The most important of these, perhaps, are those concerning officers. The following are acts : more exclusively coming under this head.]

An Act to authorize certain officers and other persons to administer oaths.

Approved January 27, 1853, 22.

senate and speaker of the

4273. SECTION 1. The president of the senate and the speaker of the assembly are President of the hereby empowered to administer the oath or affirmation of office to any senator or assemblymen, and the officers of their respective bodies, before they enter upon the house. discharge of their duties, or the member of the senate or assembly take his seat as such.

4274. SEC. 2. The chairman, or any member, of a standing committee, or the chair- Committee-men. man of any select committee, of either the senate or assembly, or of any joint committee, shall be empowered to administer oaths or affirmations to witnesses in any Oaths. matter under their examination; and any "person" testifying falsely in such examina- Perjury. tion, shall be guilty of perjury. [Amendment, approved March 4, 1857, 58.

An Act to enforce more effectually the attendance of witnesses on the summons of either house of the legislature of this State, and to compel them to discover testimony.

Approved March 25, 1857, 97.

4275. SECTION 1. Any person summoned as a witness, by the authority of either Witnesses. house of the legislature of California, to give testimony, or to produce papers upon any matter before either house, or any committee of either house of the legislature, who shall wilfully make default, or who appearing, shall refuse to answer any question pertinent to the matter of inquiry in consideration before the house or committee by which he shall be examined, shall, in addition to the pains and penalties now existing, be liable to an indictment as for a misdemeanor, in any court in the State of Cali- Misdemeanor. fornia having jurisdiction thereof, and on conviction, shall pay a fine not exceeding Penalty. one thousand dollars, nor less than two hundred dollars, and suffer imprisonment in the common jail not less than twelve months, nor more than eighteen months; pro- Proviso. vided, no person shall be prosecuted in any case under this act, except by the express order of the house or senate, as the case may be.

to be held to answer

4276. SEO. 2. No person examined and testifying before either house of the legis- Witnesses not lature, or any committee of either house, shall, by reason only of such examination or testimony, be held to answer criminally in any court of justice, or subject to any pen- criminally. alty or forfeiture for any fact or act touching which he shall be required to testify before either house of the legislature, or any committee of either house, as to which he shall have testified, whether before or after the date of this act; and that no statement made, or paper produced by any witness before either house, or before any committee of either house, shall be competent testimony in any criminal proceedings

Refusal to testify.

Reasons not allowing. Proviso.

Fail to testify.

Manner of proceeding. Grand jury.

Summons.

By whom served.

Contempts by witnesses.

Senate.

Assembly.

Pay of othcers, etc.

against such witness in any court of justice; and no witness shall hereafter be allowed to refuse to testify to any fact, or to produce any paper touching which, he shall be examined by either house of the legislature, or any committee of either house, for the reason that his testimony touching such fact or the production of such paper may tend to disgrace him, or otherwise render him infamous; provided, that nothing in this act shall be construed, to exempt any witness from prosecution and punishment for perjury committed by him in testifying as aforesaid.

4277. SEC. 3. When a witness shall fail to testify, as provided in the previous section of this act, and the facts shall be reported to the house or senate, it shall, if the house or senate so order, be the duty of the speaker of the house, or the president of the senate, to certify the fact to the attorney general of this State, or district attorney of Sacramento County, whose duty it shall be to bring the matter before the grand jury of Sacramento County, for their action.

4278. SEO. 4. The summons mentioned in section one of this act, shall be sufficient, if it contain the following matter:

First. It shall state whether the proceeding is before the assembly or senate, or a committee.

Second. It shall be addressed to the witness or witnesses.

Third. It shall require the attendance of such witness or witnesses at a time and place certain.

Fourth. It shall be signed by the president of the senate, speaker of the assembly, or chairman of a committee, as the case may be. The summons may be served by any person who might be a witness in the matter, and his affidavit of service, by deliv ering a copy to the witness, shall be sufficient evidence of such service.

4279. SEC. 5. If any witness shall neglect or refuse to obey such summons, or, appearing, shall neglect or refuse to testify to any matter touching the inquiry then before such committee, senate, or assembly, the senate or assembly, as the case may be, shall and may, in addition to the pains and penalties herein before mentioned, by resolution entered on the journal, commit such witness as for contempt. and such witness shall be imprisoned until he shall comply with the order of the senate, assembly, or committee, which imprisonment shall not be a bar to proceedings under the foregoing sections of this act; and if such witness neglect or refuse to attend in obedience to summons, he may be arrested by the sergeant-at-arms, and brought before the senate or assembly, as the case may be; provided, that the only warrant or authority necessary to authorize such arrest, shall be a copy of a resolution of the senate or assembly, signed by the president of the senate, or speaker of the assembly, and countersigned by the secretary or the clerk. Such resolution may be entered on the report of a committee.

[An Act to define the duties of the officers and employees of the assembly, to establish their pay, and to repeal all existing laws in relation thereto, so far as the same relates to the assembly, approved April 25, 1860, 270, was virtually repealed by the following act.]

An Act fixing the rumber of officers and employees of the senate and assembly, to define their duties and to establish their pay.

Approved, May 20, 1861, 592.

4280. SECTION 1. The officers and employees of the senate shall consist of one secretary; one assistant secretary; one sergeant-at-arms; one assistant sergeant-atarms; one minute clerk; one journal clerk; one enrolling clerk; one engrossing clerk; two copying clerks; two porters; two pages; one post-office page, and one paper folder.

4281. SEC. 2. The officers and employees of the assembly shall consist of one chief clerk; one assistant clerk; one sergeant-at-arms; one assistant sergeant-at-arms; one minute clerk; one journal clerk; two copying clerks; one enrolling clerk; one engrossing clerk; three porters; three pages; one post-office page; and one paperfolder.

4282. SEC. 3. There shall be paid to the several officers and employees named in this act, for all services rendered by them under the provisions of this act, the following sums, and no more, except by a two-third vote of the house in which they are employed: To the secretary, the assistant secretary, journal clerk, and minute clerk, of the senate, and to the chief clerk, assistant clerk, journal clerk, and minute clerk, of the assembly, each the sum of eight dollars per day; to the enrolling, engrossing, and copying clerks of the senate and assembly, each eight dollars per day; to the sergeant-at-arms of the senate, and to the sergeant-at-arms of the assembly, each eight dollars per day; to the assistant sergeant-at-arms of the senate and of the assembly,

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