Chap. 57. AN ACT defining the Compensation of Clerks employed by the Secretary, Treasurer, and Passed April 4, 1850. The People of the State of California, represented in Senate and Assembly, do enact as follows: That for the present year the Clerk employed by the Secretary of State, and the Clerk employed by the Treasurer, be and are hereby allowed each the sum of three hundred dollars per month, and the Clerk employed by the Comptroller be allowed the sum of three hundred dollars per month, and the extra clerks employed by the Secretary of State thirty cents per hundred words for all work done in that office, to be paid out of the general fund, founded on the certificate of services rendered by the officer of State in whose office the services were performed. Chap. 58. AN ACT establishing Recorders' Offices, and defining the Duties of the Recorder and County Auditor. Passed April 4, 1850. The People of the State of California, represented in Senate and Assembly, do enact as follows: § 1. There shall be an office of Recorder in each county of this State, to be styled the Recorder's office. Recorder's office. § 2. Such office shall be kept at the seat of justice of each county. Office-where to be kept. ance. vided. § 3. The Recorder shall duly attend the service of such office, and shall keep the same open for the Hours for attendtransaction of business every day in the year, Sundays excepted, between the hours of 10 o'clock A.M. and 4 o'clock P.M., and shall provide the same with suitable well bound books, wherein shall be recorded Books to be proin fair and legible hand all instruments of writing authorized or required to be recorded. § 4. Before entering upon the duties of his office, the Recorder shall take the oath of office prescribed by the Constitution, and shall enter into bond in the penal sum of not less than five nor more than fifty thousand dollars, at the discretion of the County Judge of his county, with two or more sufficient sureties to be approved by said Judge; which bond shall be made in conformity with the requirements of an "Act concerning official bonds of Officers." § 5. Such bond shall be filed in the office of the County Clerk of the county, and no Recorder shall enter upon or officiate in his office before he has given such security, upon pain of forfeiting the sum of five hundred dollars. Recorders to give bond. take oath, and Bond to be filed. taking office Penalty for without giving bond. § 6. The Recorder shall appoint a deputy, who shall hold his office during the pleasure of the Deputy recorder. Recorder; such appointment shall be in writing, filed, and recorded in the office of such Recorder; and the Recorder so appointing him, and his sureties, shall be responsible for the faithful performance of his duties by such deputy. of recorder. § 7. In case of a vacancy in the office of Recorder, or his absence or inability to perform the duties Vacancy in office of his office, such'deputy shall perform the duties of Recorder during the continuance of such vacancy, absence, or inability. § 8. The Recorder shall provide an official seal, to be kept in his office and used by him in his Official seal. official capacity. He may, however, use his private seal until an official seal can be procured. Accounts ofhow settled. Certain deeds, &c., to be recorded. Documents to be recorded in separate books. General index to be kept. Time of recording to be en dorsed on each document. Receipt to be given. Documentshow and when to be recorded. Erasures to be noted. To endorse book and page where recorded. Index to each volume of records. Separate property of married women-how to be recorded. § 9. It shall be the duty of the Court of Sessions to audit and settle the accounts of the Recorders of their respective counties for books purchased for the use of their offices, and allow, in their discretion, such other and further sums as shall be reasonable, to be paid out of the County Treasury. § 10. The Recorder shall have the custody of and shall safely keep and preserve all the books, records, deeds, maps, and papers deposited and kept in his office, and it shall be his duty to record or cause to be recorded correctly: 1st. All deeds, mortgages, releases of mortgage, conveyances, deeds of trust, bonds, covenants, powers of attorney, leases, transcripts of judgments, or other instruments of writing, whereby any real estate is conveyed or may be affected, which shall have been proved or acknowledged according to law and authorized to be recorded. 2d. All papers and documents found in or transmitted to their respective offices, of and concerning lands or tenements, and which were received from the Mexican authority at the change of government. 3d. All marriage contracts and certificates of marriage. 4th. All commissions and official bonds required by law to be recorded in their offices. 5th. All transcripts of judgments from the District and Justices' Courts which by law are made liens upon real estate and matter of record. § 11. The several classes of instruments of writing mentioned in the several subdivisions of the preceding section shall be recorded in separate books, according to their classification therein. § 12. Every Recorder shall keep a general index, each page of which shall be divided into eight columns, with heads to the respective columns as follows: Time of reception; name of grantor; name of grantee; description of trust; name of instrument; volume and page where recorded; to whom delivered; fees received. § 13. When any conveyance or instrument in writing, authorized by law to be recorded, shall be deposited in the Recorder's office for record, he shall endorse upon each conveyance or instrument the time when it was recorded, noting the day, hour, and minute of its reception, and shall make correct entries in his index of every such conveyance or instrument under the respective and appropriate heads, entering the names of the grantors in alphabetical order, and entering in the appropriate columns and in the order of time in which it was received, the day, hour, and minute of its reception, and the same shall be considered recorded at the time so noted, and he shall give to the person depositing the same (if required), a receipt, specifying the particulars aforesaid. § 14. The Recorder shall record without delay every conveyance or instrument authorized by law to be recorded and delivered to him for record, with the acknowledgments, proofs, and certificates written over or under the same, with the plats, surveys, schedule, and other papers therein referred to and thereto annexed, in the order and as of the time when the same shall have been delivered for record, by entering them word for word, in a fair hand, noting at the foot of each record all interlineations and erasures and words visibly written on erasures, and noting at the foot of the record the day, hour, and minute of its reception. § 15. He shall endorse upon each conveyance or instrument the book or page or pages of the book in which it was recorded, and when recorded deliver it to the party leaving the same for record, or his order. § 16. The Recorder shall keep in his office an index, direct and inverse, to each volume of records kept in his office; such index shall contain, in alphabetical order: 1st. The names of the several grantors and grantees. 2d. The names of the several grantees and grantors. 3d. In case the conveyance be made by the Sheriff, the name of the Sheriff and the defendant in the execution and of the grantee. 4th. If by executors or administrators, the name of such executor or administrator and of the testator or intestate, and of the grantee. § 17. He shall keep in his office a separate and distinct set of books, with the index required to be kept by him, for the registration of the separate property of the wife, and shall record all instruments in writing relating thereto, in the manner prescribed in this Act for the recording of other instruments required to be recorded. § 18. If any Recorder to whom any conveyance or instrument proved or acknowledged according to Penalty for law shall be delivered for record, shall, 1st. Neglect or refuse to make an entry thereof, or give a receipt therefor as required by this Act; or, 2d. Neglect or refuse to record such conveyance or instrument within a reasonable time after receiving the same; or, 3d. Record any conveyance or other instruments untruly, or in any other manner than as hereinbefore directed; or, 4th. Neglect or refuse to keep in his office such an index as is required by this Act, he shall pay to the party aggrieved double the damages which may be occasioned thereby, to be recovered on the official bond of the Recorder. § 19. If any Recorder shall wilfully neglect or refuse to perform any of the duties required of him by this Act, or shall wilfully perform them in any other manner than is required by law, he shall be deemed guilty of a misdemeanor in office, and on conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding five hundred dollars. neglecting to record documents, &c. ful neglect of Penalty for wilduty. ing must be paid in advance. § 20. The Recorder shall not be bound to make any record for which a fee may be allowed by law, Fees for recorduntil such fee shall have been paid or tendered by the party requiring the record to be made. § 21. Copies of all papers duly filed in the Recorder's office, and transcripts from the books of Copies, &c., of records kept therein, certified by him, shall be presumptive evidence of the facts therein contained. § 22. All books and entries of records under this Act shall at all office hours be open for the Records to be inspection of any person who may desire to inspect them. § 23. County Recorders shall be ex officio County Auditors of their respective counties. § 24. The County Auditor shall keep an account current with the Treasurer of his county, and when any person shall deposit with the Auditor any receipt given by the Treasurer for any money paid into the Treasury, the Auditor shall file such receipt in his office, and shall charge the Treasurer with the amount thereof. records presumptive evidence. open for inspection. Er officio county auditors. Account to be kept with county treasurer. Auditor of county demands on to settle all county. § 25. All accounts, debts, and demands justly chargeable against any county, and which are not directed by law to be settled and allowed by some other person or tribunal, shall be examined and settled by the Auditor of such county; and for all such just accounts, debts, and demands settled and allowed by any other person or tribunal authorized by law so to do, and for all demands against such county, the amount of which is fixed by law, the County Auditor shall issue orders on the Treasury Orders on county of such county, payable to the several persons entitled thereto. treasurer. numbered, &c. § 26. All orders issued by the Auditor shall be numbered progressively, and the number, date, and Orders to be amount of each, and the name of the person to whom payable, and the purpose for which drawn, shall, at the time of issuing the same, be entered in a book to be kept by the Auditor for that purpose. § 27. The Auditor shall make settlement with the County Treasurer at the time and in the manner Settlement with prescribed by law, for all moneys received and disbursed by said Treasurer by virtue of his office. county treasurer. county auditor. § 28. Each County Recorder shall procure the necessary books for the office of County Auditor Books, &c., for including stationery and office furniture, and the amount had for the same shall be paid out of the County Treasury on the warrant of the Auditor, founded on an order of the Court of Sessions for that purpose. § 29. The Auditor shall receive such compensation for his services as the Court of Sessions shall deem just and reasonable, to be paid out of the County Treasury on the order of said Court. § 30. Whenever the office of County Recorder shall become vacant by death, removal out of the county, resignation, neglect to give bond, or for any other cause, the Court of Sessions shall appoint some suitable person, possessing the qualifications of elector, to fill such vacancy; and the person so Compensation to auditor. Vacancy in office corder-how of county re supplied. Recorder's duty on retiring from office. Records to be kept in fireproof appointed shall give bond and take the oath in like manner as required of County Recorders in the fourth section of this Act, and shall hold his office until the expiration of the term for which his predecessor was elected, and until his successor is chosen and qualified. § 31. Each Recorder, on going out of office, shall deliver to his successor all books, papers, documents, maps, records, stationery, and furniture belonging to his office, as also the Auditor's office; and in case of the death of any County Recorder, his legal representatives shall in like manner deliver all books, papers, documents, maps, records, stationery, and furniture that shall come into his or their possession, belonging to the Recorder's and Auditor's office. § 32. The Recorders are hereby required to keep all books and papers belonging to their offices in place of deposit. iron fire-proof chests, or in some fire-proof vault or building. Chap. 59. AN ACT to regulate the Senatorial and Assembly Districts. Passed April 4, 1850. Senatorial districts. First. Second. Third. Fourth. Fifth. Sixth. Seventh. Eighth. Ninth. Tenth. Eleventh. Twelfth. Thirteenth. Fourteenth. The People of the State of California, represented in Senate and Assembly, do enact as follows: § 1. The County of San Diego shall be the first Senatorial District, and elect one Senator and one member of the Assembly. § 2. The County of Los Angeles shall be the second Senatorial District, and elect one Senator and two members of the Assembly. § 3. The Counties of Santa Barbara and San Louis Obispo shall compose the third Senatorial District, and elect one Senator jointly; the former two, and the latter one member of the Assembly. §4. The Counties of Monterey and Santa Cruz, otherwise Branciforte, shall compose the fourth Senatorial District, and elect one Senator jointly, and each one member of the Assembly. § 5. The Counties of Santa Clara and Contra Costa shall compose the fifth Senatorial District, and jointly elect one Senator, and the former two and the latter one member of the Assembly. § 6. The County of San Francisco shall be the sixth Senatorial District, and elect two Senators and five members of the Assembly. § 7. The County of San Joaquin shall be the seventh Senatorial District, and elect one Senator and two members of the Assembly. § 8. The County of Calaveras shall be the eighth Senatorial District, and elect one Senator and two members of the Assembly. § 9. The County of Tuolumne shall be the ninth Senatorial District, and elect one Senator and three members of the Assembly. § 10. The County of Mariposa shall be the tenth Senatorial District, and elect one Senator and two members of the Assembly. § 11. The Counties of Marin, Sonoma, Napa, Solano, Mendocino, Yolo, Colusi, and Trinity, shall compose the eleventh Senatorial District, and elect one Senator. The five first named Counties shall elect one, and the three last mentioned one member of the Assembly. § 12. The County of Sacramento shall be the twelfth Senatorial District, and elect one Senator and three members of the Assembly. § 13. The County of El Dorado shall be the thirteenth Senatorial District, and elect one Senator and three members of the Assembly. § 14. The Counties of Sutter and Yuba shall compose the fourteenth Senatorial District, and elect one Senator, and Sutter one and Yuba one member of the Assembly. § 15. The Counties of Bute and Shasta shall be the fifteenth Senatorial District, and elect one Fifteenth. Senator, and each County one member of the Assembly. § 16. That the first, fifth, seventh, tenth, eleventh, twelfth, and fifteenth Senatorial Districts shall elect one member of the Senate for each of said districts at the second general election, to be held in the year one thousand eight hundred and fifty, and thereafter every two years; and that the second, third, fourth, eighth, ninth, thirteenth, and fourteenth Senatorial Districts shall elect one member of the Senate for each of said districts at the third general election, to be held in the year one thousand eight hundred and fifty-one, and every two years thereafter; and that the sixth Senatorial District shall elect one member of the Senate at the second general election, to be held in the year one thousand eight hundred and fifty, and thereafter every two years; and shall also elect in like manner one member of the Senate at the third general election, to be held in the year one thousand eight hundred and fifty-one, and thereafter every two years. Number of sena tors to be elected in each district. Chap. 60. AN ACT to incorporate the City of Los Angeles. Passed April 4, 1850. The People of the State of California, represented in Senate and Assembly, do enact as follows: city. § 1. All that tract of land included within the limits of the Pueblo de Los Angeles, as heretofore Boundaries of known and acknowledged, shall henceforth be known as the City of Los Angeles, and the said City is hereby declared to be incorporated according to the provisions of the Act entitled "An Act to provide for the Incorporation of Cities," approved March 18, 1850. Provided, however, that if such limits include more than four square miles, the Council shall, within three months after they are elected and qualified, fix by ordinance the limits of the City, not to include more than said quantity of land, and the boundaries so determined shall thenceforth be the boundaries of the City. officers. § 2. The number of Councilmen shall be seven; the first election of City officers shall be held on Number of the second Monday of May next. § 3. The Corporation created by this Act, shall succeed to all the rights, claims, and powers of the Pueblo de Los Angeles in regard to property, and shall be subject to all the liabilities incurred, and obligations created, by the Ayuntamiento of said Pueblo. Rights of corcreated. poration hereby Chap. 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. Approved February 18, 1850." Passed April 5, 1850. The People of the State of California, represented in Senate and Assembly, do enact as follows: section 7. § 1. The seventh section of the Act entitled "An Act subdividing the State into Counties, and Amendment of establishing the seats of justice therein," approved February 18, 1850, is hereby so amended that the same shall read as follows: § 7. COUNTY OF SANTA CRUZ-Beginning in the ocean three English miles from land, at a point due west of the head of San Francisquito creek, and running due east to the summit of the Santa Cruz |