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set apart and used by said respective boards of supervisors only for the payment of the principal and interest of said assumed indebtedness.

Records.

SEC. 8. The county clerk of Klamath county shall, immediately after the board of supervisors of said county shall have received notice from the board of supervisors of Siskiyou county that the majority of the legal voters voting on the question of the annexation of a portion of Klamath county to Siskiyou county voted in favor of such annexation, transcribe into proper books of record all the records of the new county of Klamath, relating to or evidencing the titles to the lands embraced within the territory annexed by this act to the county of Siskiyou, for which he shall receive as full compensation twenty cents per folio; one half of which shall be paid by the county of Siskiyou, and the other one half by the county of Humboldt; said amounts to be allowed and paid by said counties respectively, as other county charges are allowed and paid. Originals.

SEC. 9. After transcribing the records, as provided for in the preceding section, the said county clerk of Klamath county must deposit with the county recorder of Humboldt county the original books of record of the county of Klamath relating to the titles of lands therein. The transcript provided for in the preceding section shall be certified to as correct by the said county clerk, and shall be received as prima facie evidence of the contents thereof.

Suits.

SEC. 10. All suits now pending in the district, county, or probate courts of Klamath county shall be transferred, by the order of the judge thereof, to the district, county, and probate courts of the counties of Humboldt or Siskiyou.

Board of commissioners.

SEC. 11. There shall be a board of commissioners, to consist of four persons, electors, two of whom shall be appointed by the board of supervisors of Humboldt county, and two by the board of supervisors of Siskiyou, who shall have and execute the powers conferred by section six of this act. Each county shall pay its own commissioners such sums as the board of supervisors shall deem just.

Sale of county property.

SEC. 12. The board of supervisors of Klamath county must sell at auction, to the highest bidder or bidders, for cash, and within thirty days after the appointment of the commissioners provided for in section eleven of this act, all the county property of said Klamath county, both real and personal; and the board of supervisors of said county, upon the sale of any real estate by authority of this section, is hereby authorized and empowered to make, execute, and deliver, in their official capacity, the necessary conveyances for such real estate. The money arising from the sale of said property must be applied by said board of supervisors of said Klamath county to the payment of the indebtedness of the county.

Assessment lists.

SEC. 13. The assessor and auditor of Klamath county must meet immediately on the annexation of the territory composing said county to the counties of Humboldt and Siskiyou, transmit the assessment lists containing the assessment of the property of the county for the revenue year eighteen hundred and seventy-four-five, and all books and papers in their possession pertaining thereto, to the county auditors of the counties of Humboldt and Siskiyou; the assessment lists containing the assessment of the property in the part of Klamath county annexed to Humboldt county, and the other papers and books pertaining thereto, to the county auditor of said county, and the assessment lists containing the assessment of the property in the part of Klamath county annexed to Siskiyou county, and the other papers and books pertaining thereto, to the county auditor of said county. Said assessor and aud tor must certify under oath to the genuineness of all papers transmitted under the provisions of this section; and the assessment of the property of Klamath county for the revenue year eighteen hundred and seventy-four-five, made by the assessor of said county and transmitted to the auditors of Humboldt and Siskiyou counties respectively, as provided in this section, shall be as valid as if made by the assessors of said counties respectively.

Compensation.

SEC. 14. The board of supervisors of Siskiyou county must allow the county clerk of said county, for the services he may perform in connection with the election herein provided for, such compensation as they shall deem proper and just, and the sums they may allow shall be in addition to the fees and compensations the clerk is allowed by law to appropriate to his own use.

Salary.

SEC. 15. In the event of the annexation of any portion of the territory of the new county of Klamath to the county of Humboldt, as provided by this act, the assessor of the county of Humboldt shall, in addition to the salary and fees now allowed by law, receive the sum of six hundred dollars per annum, after the first Monday in March, A. D. eighteen hundred and seventy-five. SEC. 16. This act shall take effect and be in force from and after its passage. An Act amendatory of and supplementary to the foregoing act of March twenty-eighth, eighteen hundred and seventy-four.

[Approved March 31, 1876; 1875-6, 603.] Supervisors to appoint commissioners-Same, when to meet.

SECTION 1. The board of supervisors of the counties of Humboldt and Siskiyou are directed, at their first regular meetings of said board after the passage of this act, to appoint two com missioners each, as provided in section eleven of the act to which this act is amendatory and supplementary, whose duty it shall be to meet at Orleans Bar on the fifth day of June, A. D.

eighteen hundred and seventy-six, and do and perform all duties required of them by the provisions of this act and the act to which this is amendatory and supplementary, not inconsistent with the provisions of this act; provided, that if the commissioners of either of said counties fail to meet as herein provided, and the commissioners from the other county shall be in attendance at said time and place, then the county being in default shall pay to the county not so in default all expenses incurred by reason thereof.

When failure to agree.

SEC. 2. If said commissioners fail to agree, they shall at once choose some disinterested person, who shall cast the deciding vote upon such matters as to which they shall so fail to agree; provided, that if said commissioners fail to agree as to the person herein authorized to be chosen, they shall certify the fact to the district judge of the eighth judicial district, who shall appoint another commissioner, who shall cast the deciding vote as aforesaid; and provided, that if said commissioners shall, from any cause, fail to meet as herein provided, they shall then meet on the succeeding second Monday of August, A. D. eighteen hundred and seventy-six, unless a shorter [time] be agreed upon by the boards of said counties.

Commissioners to sell county property.

SEC. 3. The commissioners must sell at auction, to the highest bidder or bidders, for cash, all of the county property of the said Klamath county, both personal and real, as soon after their meeting and organizing as they shall deem expedient, and they are hereby authorized and empowered, in their official capacity, to execute deeds and bills of sale for all property so sold, which shall in all respects be a valid conveyance thereof.

Treasurer of Klamath to pay over moneys.

SEC. 4. P. W. Wasmuth, the treasurer of Klamath county, shall, upon the meeting and organizing of the commission herein provided, make an exhibit of the amount of all moneys and property in his custody or under his control as such treasurer, to said commissioners, also of all outstanding and bona fide indebtedness of said Klamath county. Such exhibit shall be by said P. W. Wasmuth fully explained to the commissioners, and they may examine the said P. W. Wasmuth, or any other person or persons, on oath, or the books or papers, touching any or all of said matters. Said commissioners shall thereupon proceed to ascertain the amount of moneys belonging to Klamath county which is in the possession or under the control of said P. W. Wasmuth. The commissioners shall allow to P. W. Wasmuth two per cent on all moneys he may have in his possession belonging to said Klamath county, as full compensation for all services performed by him as treasurer of said county. P. W. Wasmuth is hereby ordered to pay over to said commissioners, upon their receipt, all of said moneys, less the amount allowed by the said commissioners as herein provided.

Apportionment of indebtedness.

SEC. 5. Said commissioners shall ascertain and apportion the assets of said Klamath county in the same manner as provided for the apportionment of the indebtedness of said county in section six of the act to which this act is amendatory and supplementary. The commissioners shall pay over to the county treasurer of their respective counties the sums so apportioned, which shall be set apart by the said counties for the payment of the principal and interest of

said assumed indebtedness of Klamath county.

Transfer of actions, records, etc. to Humboldt county.

SEC. 6. All suits and proceedings, of whatever kind or nature, now or at any time pending in the district, county, or probate courts of Klamath county, and all suits, judgments, orders, and proceedings, of whatever kind or nature, heretofore at any time had or determined in or by any of said courts, which have not been already transferred to some other county, are hereby transferred to the appropriate courts of Humboldt county, which last-named courts shall have the same and as ample jurisdiction thereof as if such suits and proceedings had been originally commenced and such judgments and orders had been originally made in said courts; and all of the records of said courts not heretofore transferred to some other court shall be delivered to the county clerk of Humboldt county by the present custodians thereof; and the clerk of Humboldt county shall have the same power and perform the same duties touching all suits, judgments, orders, and proceedings originally had in said courts of Humboldt county.

Allowance to assessor of Klamath.

SEC. 7. The board of supervisors of Humboldt county and the board of supervisors of Siskiyou county shall allow J. Nally, the assessor of Klamath county, such sums as he shall be entitled to for services performed in assessing the territory of Klamath county during the years A. D. eighteen hundred and seventy-four and five, and the commissioners herein provided for shall find the said assessor entitled to; provided, that the sums so allowed by the said board of supercertify to their respective boards of supervisors such amount as, in their judgment, they shall visors shall not exceed in the aggregate the salary allowed by law to said assessors for any one

year.

necessary to carry into effect the provisions of this act, and the act to which this is supplemenSEC. 8. The said commissioners are hereby authorized and fully empowered to do all acts

tary and amendatory.

Supervisors of Humboldt and Siskiyou to levy tax.

to read as follows: Section 7. The board of supervisors of Humboldt, and the board of superSEC. 9. Section seven of the act to which this is amendatory and supplementary is amended visors of Siskiyou, each is hereby authorized to levy a tax upon the taxable property of the county, not exceeding ten cents nor less than five cents on each one hundred dollars value per be assessed, levied, and collected at the same time, in the same manner, and by the same officers annum, for the purpose of paying the indebtedness assumed under this act. The said tax shall

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as other county taxes are assessed, levied, and collected. The funds raised by such tax shall be set apart and used by said respective boards of supervisors only for the payinent of the principal and interest of said assumed indebtedness.

SEC. 10. All provisions in the act to which this is amendatory and supplementary, in conflict with the provisions of this act, are hereby repealed, so far as they are in conflict.

SEC. 11. This act shall take effect from and after its passage.

3911. Shasta.

SHASTA.

SEC. 3911. Beginning at the northern line of Tehama, at the head of Bloody island, in Sacramento river; thence to and down the eastern channel to the mouth of Battle creek; thence easterly, up Battle creek, by the main channel to the mouth of the Middle fork, known as Digger creek; thence up Digger creek to its head; thence east to a point south of Black Butte mountain, forming south-east corner; thence north, on western line of Lassen, to a rock mound, forming north-east corner, on southern line of Siskiyou; thence west, on said southern line, to Castle rock, forming north-west corner; thence southerly along Trinity mountain to the head of Bee Gum creek, forming south-west corner; thence easterly down Bee Gum, Middle fork, and Cottonwood creeks to the western channel of Sacramento river; thence, by direct line, to the point of beginning.

County seat-Shasta city.

Stats. 1851, 177; 1852, 228, 235; 1856, 118; 1857, 25, 109; 1859, 259; 1864, 264.

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SEC. 3912. Beginning at south-west corner, on the northern line of Sierra, as established in section thirty-nine hundred and twenty-one, at a point on the summit of the ridge which crosses said line, and which divides Long valley from Sierra valley; thence north-westerly, following said ridge, to a point due south from the town of Susanville; thence westerly, along the ridge separating the waters which flow into the east branch of the north fork of Feather river, running through Indian valley, from those which flow into the north fork of Feather river, running through Mountain meadows, to a point on said ridge south from the point where the old and present traveled road from the Big meadows, via Hamilton's ranch, first crosses the said north fork; thence north, to a point east of the south-east corner of Shasta; thence west, along said extension line, to a point due south of Black Butte mountain, being south-east corner of Shasta, thence north, to a point on southern line of Siskiyou marked by a rock mound, being north-west corner of Lassen and north-east corner of Shasta; thence east, along said line, to the eastern boundary of the state; thence south, along said state line, to the north-east corner of Sierra, as established in section thirty-nine hundred and twenty-one; thence west, along the line of Sierra, to the place of beginning.

County seat-Susanville.

Stats. 1864, 264; 1865, 453.

An Act providing for the survey of the line forming a portion of the southern boundary of Siskiyou county and the northern boundary of Lassen county. [Approved April 1, 1872; 1871-2, 886.]

Surveyor-general to survey and locate line. SECTION 1. The surveyor-general is hereby directed to survey and locate that portion of the southern boundary line of the county of Siskiyou commencing at a point known as the Devil's Castle, near and on the opposite side from Soda springs, on the upper Sacramento river, and running from said point due east to the eastern boundary of the state of California, and shall plainly designate said line by suitable monuments, and describe the same upon the maps of state, in accordance with the several acts of the legislature of the state of California, defining the northern boundary of the county of Lassen and that portion of the southern boundary of the county of Siskiyou above described.

Expenses.

SEC. 2. The necessary expenses of such survey and location of said line shall be paid by the state of California, out of the general fund thereof, to the surveyor-general, upon his filing in the office of the state controller his certificate that such survey is completed according to law, together with his claim, setting forth the items of expense of such survey; provided, that the total expense of such survey shall not exceed the sum of two thousand five hundred dollars; and the sum of two thousand five hundred dollars is hereby appropriated for the payment of the expenses of such survey.

SEC. 3. This act shall take effect from and after its passage.

3913. Siskiyou.

SISKIYOU.

SEC. 3913. Beginning at south-west corner, being common corner of Trinity, Klamath, and Siskiyou, as established in section thirty-nine hundred and ten; thence easterly, on northern line of Trinity, to north-west corner of Shasta, as established in section thirty-nine hundred and eleven; thence east, on northern line of Shasta and Lassen, to western line of the state of Nevada; thence north, on the line of said state, to the southern line of the state of Oregon; thence west, on Oregon line, to the north-east corner of Del Norte, as established in section thirty-nine hundred and nine; thence south-easterly, on the eastern lines of Del Norte and Klamath, as established in sections thirty-nine hundred and nine and thirty-nine hundred and ten, to the place of beginning.

County seat-Yreka.

Stats. 1852, 233; 1861, 273.

See also act of March 28, 1874, as to partitioning of Klamath county between Siskiyou and Humboldt counties, ante, sec. 3910.

The county of Siskiyou was divided, and the new county of Modoc created out of the eastern portion, by the following act.

MODOC.

An Act to create the county of Modoc, to establish the boundaries thereof, and to provide for its

Modoc county.

organization.

[Approved February 17, 1874; 1873-4, 124.]

SECTION 1. There shall be formed out of the eastern part of Siskiyou county a new county, to be called Modoc.

Boundaries.

SEC. 2. The boundaries of Modoc county shall be as follows: Commencing at the north-east corner of the state of California; thence west, along the northern boundary line of said state, to the range line between ranges numbers four (4) and five (5) east, of Mount Diablo base and meridian; thence due south, on said range line, to the southern boundary line of Siskiyou county; thence east, along said southern boundary line, to the state line; and thence north to the place of beginning.

County seat.

SEC. 3. The seat of justice shall be at the town of Dorrisbridge, until otherwise provided by

law.

Appointment of county judge-Salary-Terms of county and probate courts.

SEC. 4. The governor of this state shall, when this act takes effect, appoint some suitable person, resident of Modoc county, to act as county judge, who shall reside at the county seat, and whose term of office shall continue until the first day of January, A. D. eighteen hundred and seventy-six, and until his successor is elected and qualified. The county judge shall receive a salary of one thousand dollars per annum, to be paid quarterly, and shall hold the courts required by law to be held by county judges. There shall be three regular terms of the county Court held in each year, said terms to commence on the first Monday in February, June, and October; provided, however, the county judge shall call and hold special terms of the probate court whenever public necessity may require. Said county judge shall discharge all the duties

required by law of county judges in this state.

Election of officers-Terms of office.

SEC. 5.

An election shall be held in said Modoc county within sixty days from the time of the first meeting of the commissioners in this act provided for at said election there shall be be ex officio auditor, recorder, and clerk of the board of supervisors, board of equalization, and chosen by the qualified voters of said county one district attorney, one county clerk, who shall officio county tax collector, one county assessor, one county treasurer, one county surveyor, one county coroner, who shall be ex officio public administrator. Said county officers shall hold their respective offices until the first Monday of March, A. D. eighteen hundred and seventy-six, and until their successors are elected and qualified. At said election there shall be chosen one supervisor for each supervisor district in said county, who shall hold their offices as follows: District number one, until the first Monday of November, A. D. eighteen hundred and seventy-four; dis

trict number two, until the first Monday of November, A. D. eighteen hundred and seventy-five; and district number three, until the first Monday of November, A. D. eighteen hundred and sev enty-six. At said election there shall be chosen two constables and two justices of the peace for each township; provided, however, that all constables and justices and road overseers elected at the general and judicial elections held in the year A. D. eighteen hundred and seventy-three, residents of Modoc county, shall hold their offices for the time provided by law, upon having duly qualified as township officers of Modoc county for the respective townships in which they reside, as said townships are organized by the action of the board of commissioners provided for by this act. At said election the qualified electors of said county shall vote for a place for county seat, and a majority of all the votes cast shall be necessary to locate the same; and until the county seat is located, by a vote of the qualified electors, the board of supervisors of said Modoc county are hereby prohibited from incurring any indebtedness for the erection of county buildings in said county. For the purposes of this election the county clerk of Siskiyou county shall furnish each election precinct established by the board of commissioners of Modoc county with two (2) copies of the great register of Siskiyou county, printed for the general election held in said county in the year eighteen hundred and seventy-three; and, if necessary, said county clerk is hereby authorized to take said copies from the election returns now on file in his office. Board of commissioners.

SEC. 6. The governor shall, when this act takes effect, appoint five persons, residents of Modoc county, who shall be and constitute a board of commissioners to perfect the organization of said county, a majority of whom shall constitute a quorum. Said commissioners shall meet at the county seat within twenty days after their appointment, and after being duly sworn to faithfully discharge their duties, as prescribed in this act, shall organize by electing from their number a president and clerk. They shall then divide said county into townships, define their boundaries, and designate the name of each. They shall also divide said county by townships into three supervisor districts, and number the same. They shall also establish election precincts, and appoint one inspector and two judges of election for each precinct in said county. They shall give thirty days' notice, by proclamation, in some newspaper published in Modoc county, or if there be no newspaper published in Modoc county, then said publication to be made in some newspaper published in the county of Siskiyou, of the officers to be elected, the precincts established, with their names and boundaries, the officers of election of each precinct, and the number and boundaries of each supervisor district. Said commissioners shall, on the second Monday after said election, meet at the county seat as a board of canvassers, and proceed to canvass the election returns. Said commissioners, their president and clerk, are hereby authorized and required to discharge the same duties as are now required by law of boards of supervisors and county clerks in the counties in this state, so far as the same apply to holding elections, canvassing election returns, and issuing certificates of election. They shall keep a full record of all their proceedings, and file the same, with the original election returns, in the county clerk's office, as soon as he shall have been qualified, and thereupon the power and

duties of said commissioners shall cease.

Organization.

act as

SEC. 7. It shall be the duty of the board of supervisors of Modoc county, whose election is provided for by this act, to meet at the county seat on the first Monday of the month subse quent to their election, take the oath of office, and file the official bond required by the Political Code. The member of district number one shall be president of the board. They shall then allow such per diem and mileage to the commissioners and officers of election as they may think proper and just, and a warrant shall be drawn by the auditor on the county general fund in favor of each person to whom an allowance shall have been made, for the amount of such allowance. Said board shall appoint two citizens and freeholders of Modoc county, joint commissioners with an equal number to be appointed by the board of supervisors of Siskiyou county, to ascertain and declare the amount of the indebtedness of Modoc county Siskiyou county. Immediately on their appointment, such commissioners shall notify the board of supervisors of Siskiyou county of that fact. Upon the receipt of such information said board shall proceed, without unnecessary delay, to appoint a like number of commissioners, citizens and freeholders of Siskiyou county, who shall, at a time and place to be agreed upon, meet with the commissioners of Modoc county. The commissioners of the respective counties, after having severally taken an oath to discharge honestly and to the best of their ability their duties as commissioners, shall organize as a joint commission by the selection of one of their number as president and one as secretary. As soon as organized, the joint commission shall proceed, in the following manner, to determine the amount of the indebtedness of Modoc county to Siskiyou county, to wit: they shall ascertain the indebtedness of Siskiyou county at the time this act takes effect; they shall then ascertain the total value of the assets belonging to said county; they shall then ascertain the assessed value, under the assessments of eighteen hundred and seventy-three, of the property in the territory hereby set apart to form Modoo county; then, after deducting the assets from the indebtedness, so as to ascertain the actual indebtedness, the proportion due from Modoc county to Siskiyou county shall be ascertained as follows: as the total assessed value of property in the territory taken from Siskiyou county to form Modoc county is to the total assessed value of Siskiyou county before the formation of Modoc county, so shall be the proportion of the actual indebtedness of Modoc county to Siskiyou county, and said commissioners shall certify to their respective boards of supervisors such amount. The board of supervisors of Modoc county shall then issue the bonds of said county, payable in ten years from the organization of said county, and bearing interest at the rate of ten per cent per annum, payable annually, principal and interest of said bonds to be paid in United States gold coin to said Siskiyou county, for such sum as the commissioners certify to be due,

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