Persons taking up animals. Duties and notice. his farm, or other inclosed premises, or any person finding any or all of said animals running at large, whether the owners of such animals are known or unknown, may take the same up and proceed therewith as hereinafter directed; and no person shall remove such animals from the possession of the taker-up, or from the possession of the officer into whose hands they may be placed for the purposes of sale, except as hereinafter provided. [Amendment, approved February 20, 1864; 1863-4, 98; took effect from passage. 2630. SEC. 2. The person taking up such animal or animals, shall confine the same in a secure place, within the township where they are taken up, and shall post notices, containing a description of them, with the marks and brands, if they have any, and a statement of the place of finding, and the place where such animals are confined, as follows: one notice at the door of the school-house of the school district wherein they were found, one at the door of the nearest post-office, and shall file one with the county recorder of Santa Clara County; and if the mark or brand of the owner or owners of such animals is recorded in the office where such notice is filed, the recorder shall, within three days after the filing of such notice, deposit a copy thereof in the nearest post-office, with the postage paid thereon, addressed to the owner or owners of said animals, or if owned by a company, to the president or managing agent of such Fee of recorder. company, at his or their place of residence. The fee of the recorder shall be twentyfive cents for filing the notice, and fifty cents for serving a copy thereof, as required by the provisions of this section. If the owner of the animals posted by virtue of this act fails to appear within twenty days thereafter, and prove his proverty, and pay damages to the taker-up, as follows: for every sheep, the sum of fifty cents, for every Failure of owner hog or goat, one dollar, and for other animals mentioned in this act, two dollars per head, also the fees of the recorder, then the finder of such animals may give notice to any constable of the county of the posting of such animals. Damages to takor-up. to pay. Constable to sell. Proviso. Proviso. Fees of constables. Surplus. Validity of sales. Damages when more than ten animals. 2631. SEC. 3. The constable notified shall immediately proceed to sell such animals at public sale, in conformity with the law concerning sales on execution; provided, that said owner or owners may redeem said animals at any time before sale, by paying the aforesaid damage, and such costs as may have accrued, to the officers; and provided, further, that such owner or owners may redeem such animals at any time within six months after such sale, by producing satisfactory evidence of his right thereto, and paying to the purchaser the amount of the purchase-money, with five per cent. added thereto, together with the necessary expenses incurred by said purchaser in keeping said animals. 2632. SEC. 4. The constable making such sales shall be entitled to the same fees as are provided for by law for sales on execution. 2633. SEC. 5. The constable making such sales shall pay the surplus in his hands, if any remain after payment of costs and damages as above prescribed, to the owner, if he be present and demand the same, and produce satisfactory evidence of his right thereto; and if not, then said constable shall pay such surplus to the county treasurer, and take his receipt therefor, which receipt he shall file with the county recorder of Santa Clara County. If any person or persons shall, within one year thereafter, prove, to the satisfaction of the board of supervisors of said county, that he or they are entitled to such sum, or any part thereof, said board of supervisors shall order such sum to be paid over to such person or persons, and if not so ordained, the same shall become a part of the common school fund of said county. 2634. SEC. 6. No sale made by virtue of this act shall be valid unless the provisions of section two thereof in regard to notices, be fully complied with. 2635. SEC. 7. When more than ten of such animals belonging to one man are posted at one time, under the provisions of this act, the damages for all above that number shall be one-half of that specified in section three [two] of this act. 2636. SEC. 8. All acts and parts of acts in conflict with this act are hereby repealed, so far as they relate to the County of Santa Clara; provided, that nothing herein contained shall be construed so as to deprive any person of the right to sue and recover damages for trespass by any animals mentioned in this act. SEC. 9. This act shall take effect and be in force from and after its passage. ESTRAYS IN ALAMEDA, BUTTE, CALAVERAS, CONTRA COSTA, DEL NORTE, HUMBOLDT, COUNTIES. An Act concerning estrays in certain counties in this State. Approved April 27, 1863, 697. up. 2637. SECTION 1. Any person finding an estray horse, mare, mule, jack, jenny, or Notice of taking any estray cattle, sheep, hogs, or goats, or any number of them, upon his farm, or other inclosed premises, may post notices containing a description of the place of the finding such estrays, with all visible marks and brands upon them, as follows: one notice upon the school-house door of the school district wherein the estrays are found, and upon the door of the nearest post-office, and file another with the recorder of the county where the estrays are found; and in case the mark or brand of the owner or owners of the estrays is recorded in the office where the notice is filed, then the recorder shall, within three days after the filing of the notice, deposit a copy thereof Duty of recorder. in the post-office, with the postage paid thereon, addressed to the owner or owners of the stock, or if owned by a company, to the president or managing agent of such company, at his or their place of residence. The fee of the recorder shall be twentyfive cents for filing the notice, and fifty cents for serving a copy thereof, as required by this section. 2638. SEO. 2. If the owner of the animals posted by virtue of this act, fails to Damages, etc. appear within twenty days thereafter, and prove his property, and pay damages to the taker-up, as follows: for sheep, ten cents each, for hogs and goats, fifty cents each, and for all other stock, one dollar each, also, the fees of the recorder, then the finder of such estray may give notice to some constable of the county of the posting of such estray. 2639. SEC. 3. The constable notified shall immediately proceed to sell such estray Sale of estrays. at public sale, in conformity with the law concerning sales on execution, except the notice of the sale of horses, mares, jacks, mules, and jennies, shall not be less than twenty days; provided, the owners of estrays may, at any time before sale, retake Proviso. them by paying the aforesaid damages and such costs as may accrue to the officer. 2640. SEO. 4. The constable making such sale shall be entitled to the same fees as Fees. are provided by law for sales on execution. 2641. SEO. 5. The constable making such sales shall pay the surplus in his hands, Surplus. if any remain after payment of costs and damages as above prescribed, to the owner, if he demand the same within three months after sale, and if not, then he shall pay such surplus to the county treasurer, and it shall become a part of the school fund. 2642. SEC. 6. No sale made by virtue of this act shall be valid unless the provisions of section one, in regard to notices, be fully complied with. 2643. SEC. 7. Stock mentioned in this act, escaping from the lands of the owners Escaping stock. or keepers into an adjoining farm or inclosure, shall not be considered estrays under the provisions of this act. 2644. SEC. 8. In case above ten estrays belonging to one man are posted at one time, then the damages for all above that number shall be one-half of that specified in section two of this act. certain counties. 2645. SEC. 9. This act shall apply only to the Counties of Napa, San Mateo, Kla- Applicable to math, Del Norte, Marin, Humboldt, Mendocino, Lake, Alameda, Calaveras, Sutter, Siskiyou, and Contra Costa. It shall also apply to the Counties of Yolo, Solano, Butte, and San Joaquin, except so much thereof as relates to hogs.(") 2646. SEC. 10. All acts and parts of acts in conflict with the provisions of this act, so far as they apply to counties therein named, are hereby repealed. ESTRAYS IN NAPA COUNTY. [It will be observed that the following act is nearly in the same words as the foregoing act; that both acts were approved upon the same day, and that the foregoing act also mentions Napa County. There is, or was, an act relating to Napa City, which may be consulted in connection with this subject, entitled An Act to prevent certain animals from running at large in Napa City, approved April 10, 1862, 210, amended April 17, 1863, 322.] (*) Sutter county was exempted from the provisions of the above act by an act, given, post, 2657, approved January 27, 1864; 1863-4, 29. As to Napa County, see following acts. Estrays. An Act concerning estrays in the County of Napa. Approved, April 27, 1868, 590. 2647. SECTION 1. Any person finding an estray horse, mare, mule, jack, jenny, or any estray cattle, sheep, hogs, or goats, or any number of them, upon his farm or other inclosed premises, may post notices, containing a description of the place of the finding of such estrays, with all visible marks and brands upon them, as follows: One notice upon the school-house door of the school district wherein the estrays are found, one upon the door of the nearest post-office, and file another with the recorder of the county wherein the estrays are found; and in case the mark or brand of the owner or owners of the estrays is recorded in the office where the notice is filed, then the recorder shall, within three days after the filing of the notice, deposit a copy thereof in the post-office, with the postage paid thereon, addressed to the owner or owners of the stock, or, if owned by a company, to the president or managing agent Fee of recorder. of such company, at his or their place of residence. The fee of the recorder shall be twenty-five cents for filing the notice, and fifty cents for serving a copy thereof as required by this section. Payment of damages. Sale. Proviso. Fers of constables. Surplus. Validity of sales. Acts repealed. Exemption. 2648. SEC. 2. If the owner of the animals posted by virtue of this act fails to appear within twenty days thereafter, and prove his property and pay damages to the taker-up, as follows: For sheep, ten cents each, for hogs and goats, fifty cents each, and for all other stock, one dollar each, also the fees of the recorder, then the finder of such estray may give notice to some constable of the county of the posting of such estray. 2649. SEO. 3. The constable notified shall immediately proceed to sell such estrays at public sale, in conformity with the law concerning sales on execution, except the notice of the sale of horses, mares, jacks, mules, and jennies, shall not be less than twenty days; provided, the owners of estrays may, at any time before the sale, retake them by paying the aforesaid damages and such costs as may accrue to the officer. 2650. SEC. 4. The constable making such sale shall be entitled to the same fees as are provided by law for sales on executiou. 2651. SEC. 5. The constable making such sales shall pay the surplus in his hands, if any remain after payment of costs and damages as above prescribed, to the owner, if he demand the same within three months after sale, and if not, then he shall pay such surplus to the county treasurer, and it shall become a part of the school fund. 2652. SEC. 6. All sales made by virtue of this act shall be valid if the provisions of section one, in regard to notices, be fully complied with, otherwise they shall be invalid. 2653. SEC. 7. Stock mentioned in this act escaping from the lands of the owners or keepers into an adjoining farm or inclosure, shall not be considered estrays under the provisions of this act. 2654. SEC. 8. In case above ten estrays belonging to one man are posted at one time, then the damages for all above that number shall be one-half of that specified in section two of this act. 2655. SEC. 9. This act shall apply to the County of Napa, and take effect and be in force from and after its passage. 2656. SEC. 10. All acts and parts of acts in conflict with the provisions of this act are hereby repealed, so far as they apply to Napa County, except the act entitled an act concerning hogs found running at large in the Counties of Colusa, Tehama, Butte, Sonoma, and Napa, approved March twenty-sixth, eighteen hundred and fifty-seven. SUTTER COUNTY. An Act to exempt the County of Sutter from the act concerning estrays in certain counties of this State. Approved January 27, 1864; 1863-4, 29. 2657. SECTION 1. The County of Sutter is hereby exempted from the provisions of the act entitled an act concerning estrays in certain counties of this State, passed April twenty-seventh, a. D. one thousand eight hundred and sixty-three. POUNDS. 2658. [In San Francisco, San Joaquin and Santa Clara Counties there are special acts in force relating to public pounds, which bear upon this subject of estrays. References to them will be found under the heads of those counties.] An Act concerning evidence. Evidence. Approved February 5, 1856, 21. 2659. SECTION 1. Whenever the public records, books or papers in the custody of Certified coples any collector of the customs of the United States, or of the register or receiver of any books and papers of public records, land-office of the United States in this State, or in the office of the surveyor general in public offices. of the United States for the State of California, or in the office and in the custody of the clerk of the circuit or any district court of the United States for the State of California, shall be required as evidence in any court of the State, copies of such records, books or papers, duly certified by the proper officer, under his hand and official seal, where he has a seal, shall be received in evidence with the same force and effect as the originals.(*) [Amendment, approved March 26, 1857, 103. An Act concerning certified copies of certain instruments in writing. Approved April 29, 1857, 817. to be received as 14 Cal. 544. 2660. SECTION 1. Copies of all papers lately belonging to the United States board Papers specified, of commissioners for the settlement of private land claims in California, and on file in copies of which the office of the surveyor general of the United States for the State of California, and evidence. all copies of documents and papers belonging to said surveyor's office, which copies 18 Cal. 416, shall have been duly certified to be true copies by said surveyor, shall be received and read in evidence in the same manner and with like effect as the originals. 19 Cal. 87. 2661. SEO. 2. Duly certified copies of deeds regularly recorded, upon the acknowl- Copies of deeds. edgment or proof of execution by the party or parties thereto, subject however to all 18 Cal. 635. legal exception that might be taken to the original if produced, shall be received in evidence in all the courts of this State, without any further or other proof of the execution thereof, in the same manner and with like effect as if the originals were produced and proven; provided, it be shown that the said originals are not under the Proviso. control of the party offering the said copies, or are lost. [SEC. 3 was repealed by act approved February 15, 1864; 1863-4, 75; took effect from passage.](') 12 Cal. 104. separate book. 2662. SEC. 4. It shall be the duty of the county recorder of each county in this Patents to be State to provide a separate book, to be called "The Record of Patents," wherein shall recorded in be recorded all patents of land, or parcels of land, situate in their county, whether issued by the United States or the State of California, which may be offered for record duly executed as required by law.() [Amendment, approved February 15, 1864; 1863-4, 75; took effect from passage. An Act making certificates of purchase, or of location, evidence of title, approved April 13, 1859, 227, and supplemental act thereto, approved April 18, 1859, 332. See CONVEYANCES, ante, 703. An Act to provide for recording notice of claims to private land grants in this State. Approved April 27, 1860, 272. 2663. SECTION 1. Each and every grantee, present claimant, or owner, of any pri- Filing certified vate land claim within this State, held under a grant from the Spanish or Mexican copy of expediente and government, may file in the office of the county recorder in the county within whose grant. boundaries the grant or land claim is situated, or in case the land be situated in two or more counties, then with the county recorder of each of said counties, a duly certified traced copy of the original expediente and grant. (*) Original section: SEC. 1. Whenever the public records books or papers, in the custody of any collector of customs of the United States, or of the register or receiver of any land-office of the United States within this State, or in the office of the surveyor general of the United States for the State of California, shall be required as evidence in any court of this State, copies of such records, books or papers, duly certified by the proper officer, shall be received in evidence with the same force and effect as the originals. () The repealed section was as follows: SEC. 3. Any person wishing, in order to obtain the benefit of this act, to establish the genuineness of any patent for land, issued by the United States, or by this State, may apply for that purpose to the district court of the judicial district in which the pretended lands, or any part thereof are situated, after giving public notice of the time of his making said application, at least five days previous to the hearing thereof, either by one insertion in a newspaper, where there is one published in the county wherein the lands or parcels of land in said district may be situated, or in default thereof by posting said notice on the court-house door of said county; provided, that notice shall not be required to be given in more than one county. Upon proof being made that the said notice was duly given, the district court shall proceed to inspect the patent, and upon being satisfied that it is genuine, may indorse thereupon, or annex thereto, an order under the seal of the court, declaring said patent to be genuine, and if the court be not satisfied that the said patent is genuine, then no other shall be entered or made relative thereto. () The original section was similar to the amendment, with the exception that after the words “offered for record," it proceeded as follows: "authenticated as in the foregoing section mentioned, and a duly certified copy of any patent recorded aə aforesaid, may be offered in evidence in any proceeding or action in this State, with the same effect and force as the original duly exhibited and proven." Evidence. SEC. 2. Upon filing said traced copies as aforesaid, the same shall be deemed and held to be notice and prima facie evidence of the existence and contents of the originals of such copies of such claims, and shall be received and accredited as such in all the courts of this State. An Act to regulate the recording of stamped instruments of writing, approved January 15, 1864; 1863-4, 14. See CONVEYANCES, ante, 720. An Act relating to 1864; 1863-4, 100. powers of attorney (affecting personal property), approved February 20, See POWERS OF ATTORNEY, post, 4937. Board of examiners. 6 Cal. 361. 16 Cal. 12. Duties in relation' to treasury. Proviso, Proviso. Affidavit. In relation to counting moneys. Order of drawing warrants. Proviso. Examiners. [An Act for the better protection of the State treasury, approved April 16, 1856, 100, amended April 27, 1857, 268, was repealed by the following act:] An Act to create a board of examiners, to define their powers and duties, and to impose certain duties upon the controller and treasurer. Approved April 21, 1858, 212. 2664. SECTION 1. The persons who fill and discharge the duties of the office of governor of this State, secretary of State, and attorney general, are hereby appointed and constituted a board of examiners, with the power and duties hereinafter specified. 2665. SEC. 2. It shall be the duty of said board, as often as it may be deemed proper, to examine the books of the controller and the treasurer, the accounts and vouchers in their office, and to count the money in the treasury; and for the purpose of discharging the duties imposed on it by this act, the said board is authorized to demand, and the controller and treasurer are hereby required to furnish the said board, without delay, such information as it may demand, touching the books, papers, vouchers, or matters pertaining to, or cognizable in their offices, respectively; provided, that the counting of the moneys in the treasury shall take place at least once a month, without the said board giving the treasurer any previous notice of the hour or day of the said counting; and provided, further, that said board may, at any counting, place any sum in bags or boxes, and weigh each bag or box separately, and mark the same, with the weight thereon plainly specified, and place thereon a seal, to be kept by them; and shall, at subsequent countings, reweigh each bag or box separately; and if the weight shall correspond with the weight marked thereon, may estimate said sums as a part of the money counted by them, without making an actual count thereof. 2666. SEC. 3. Said board shall, at least once in each month, file an affidavit in the office of the secretary of State, showing the actual amount of money in the treasury at their last counting prior thereto, and shall cause a copy of said affidavit to be published in one daily newspaper published at the capital. 2667. SEC. 4. It shall be the duty of the controller and treasurer to permit the said board of examiners to examine the books and papers in their respective offices; and of the treasurer, to permit the moneys in the treasury to be counted whenever the said board may wish to make said examination or counting, without delaying said examination or counting, on any pretence whatever. 2668. SEC. 5. The salaries of all State officers, including district judges, shall be payale monthly, and shall be due the last day of the month; and the controller is authorized o draw his warrant on the treasurer for said salaries monthly, when appropriations shall have been made therefor by law; provided, that he shall have first drawn the warrants for all claims that have been audited and allowed by the board of examiners and transmitted to his office prior to the last day of said month. But in all other cases, previous to drawing his warrants in liquidation of any claim or demand whatsoever, the said claim or demand must have indorsed thereon the previous approval of the board of examiners; and when hereafter the controller shall by law be directed to draw his warrant upon the treasurer of State, for any purpose whatsoever, said direction shall be construed to be subject to the provisions of this act, unless said direction be accompanied by a special provision exempting it from the provisions of this act, and in such case, the controller shall draw his warrant therefor in favor of the claimant in the order of its presentation.() [Amendment, approved April 8, 1863, 235; took effect from passage. (") Original section: SEC. 5. The controller shall be authorized to draw his warrants on the treasurer for the salaries of officers, when appropriations are or shall have been made therefor by law; but, in all other cases, previous to drawing his warrants, in liquidation of any claim or demand whatever, the said claim or demand must havə indorsed thereon the previous approval of the board of examiners; and whenever, hereafter, the controller shall, by law, be directed to draw his warrant upon the treasurer of State for any purpose whatever, said direction shall be construed to be subject |