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or otherwise endorsed in writing, on such bond, that he is a freeholder and resident of the State, and is worth the sum of one thousand dollars in real estate, over and above all his debts and responsibilities, and any responsibilities, actual or contingent, which may accrue from or under any former bond, given under the provisions of this act. Such bond may, at the option of the party, be secured by the mortgage of real estate, or by the pledge and transfer of the stock of the United States, or of the funded debt, or comptroller's warrants of this State in any amount sufficient to secure said bond. Such bonds and securities, in all cases, to be approved by the mayor, in writing endorsed upon the bond, or securities, after sufficient inquiry, on his part, into the same.
SEC. 3. Within three days after the landing of such persons or passengers from any vessel in any of the ports of this State, it shall be lawful for the master or commander, owner or consignee of said vessel, to commute for the bond or bonds required by section two of this act, by paying to the mayor a sum of money not less than five dollars, nor more than ten dollars, for each and every passenger reported, as in section one of this act required. Upon the payment of such commutation money, and the filing, with the comptroller of State, of the receipt of said mayor therefor, by the party paying the same, as in the next section: Provided, Such party shall be discharged from the requirements of giving bonds as aforesaid.
SEC. 4. It shall be the duty of the mayor receiving such commutation money, or any moneys received from fines or forfeitures under this act, to account for and pay the same on the first Tuesday of every month, to the Treasurer of State, in the same manner in which county treasurers are by law required to account; and he shall annex to his account an affidavit of its correctness. The mayor shall specify, in his account, the names of the parties paying such sum or sums of money, the amount paid by each, the date of such payment, and the name of the vessel and the number of passengers on account of whom it was paid. The mayor shall furnish to the parties, paying such commutation money, receipts in duplicate, specifying the amount paid, and the name of the vessel or vessels, and the number of passengers on account of whom it was paid. The party paying such commutation money shall file with the comptroller of State his duplicate receipt, and shall thereupon be discharged from the requirement of giving bonds as aforesaid. It shall be the duty of the comptroller of State to file such
duplicate receipts in his office, and to compare the same with the accounts of the several mayors, when rendered monthly.
SEC. 5. Whenever, in the opinion of such mayor, there be among the passengers or persons in any vessel any lunatic, idiot, deaf, dumb, blind, cripple or infirm person, not members of families, or who, from attending circumstances, are likely to become permanently a public charge, or who have been paupers in any other country, or from sickness or disease existing either at the time of departure from the port of departure, or at the time of their arrival in any part of this State, are a public charge or likely soon to become so, it shall be the duty of such mayor to require in the endorsement, made according to section two of this act, or in any subsequent endorsement or endorsements, in addition to the bond provided for in section two, that the owner or consignee of such vessel shall execute for every such passenger or person a further bond, joint and several, to the people of this State, in the sum of one thousand dollars. Such bond shall be conditioned and secured in the same manner as the bond in section two, provided the subsequent endorsement, in this section mentioned, may be made at any time within twenty days after the landing of any such persons or passengers. The sureties on the bond in this section provided, shall justify in double the penalty of such bond, in the manner provided for the sureties to the bond mentioned in section two of this act.
SEC. 6. If any person for whom a bond shall have been given under this act, shall, within the time specified in each bond, become chargeable upon any city, town or county of this State, or upon the trustees of any State hospital, an action may be brought upon such bond in the name of the people of this State, by the treasurer of the county, or the trustees of said. State hospital, as the case may be. The plaintiff in said action shall be entitled to recovery upon such bonds, from time to time, so much money, not in the whole exceeding the penalty of such bond exclusive of costs, as shall be sufficient to defray the expenses incurred by any such city, town or county, or the said trustees of any State hospital, for the maintenance and support of the person for which said bond may have been given, as aforesaid. The amount of such recovery may be collected from the sale of the real or other security mortgaged, pledged, or deposited therefor, in conformity with this act.
SEC. 7. If any owner or consignee, as aforesaid, shall neglect or refuse to give the bond or bonds, with security therefor as in this act required, for each person or passenger landing from
his vessel, within three days after the landing of such person or passenger, in respect to bonds required by section two of this act, or shall not within that time, have paid the money. authorized by section three, to be received in cases where such bonds are commuted for, every such owner or consignee of such vessel, severally and respectively, shall be subject to a penalty of one thousand dollars, for each and every person or passenger on whose account such bond may have been required, or for whom such commutation money might have been paid under this act. A penalty of two thousand dollars shall be incurred by every such owner or consignee, severally and respectively, for every neglect or refusal to give the bond or bonds, in section five of this act, required for each person or passenger landing from a vessel for whom such bond or bonds shall be required by the mayor, by his endorsement, as in said section five provided, within three days after the making of such endorsement. Such penalty of two thousand dollars to be for each and every passenger on whose account such bond may have been required.
SEC. 8. All moneys paid into the State treasury under this act shall be and are hereby set apart and appropriated as a hospital fund for the support and maintenance of the State hospitals now existing, or which may be hereafter created by law. Said fund shall in all instances be first chargeable with the expenses and maintenance of the said State hospital, and shall be paid out upon the warrant of the comptroller of State, to be issued monthly in favor of the treasurer of each of said hospitals. Said fund shall be apportioned as follows, between the several State hospitals, viz: three-fifths to the State Marine Hospital, at San Francisco, one-fifth to the Sacramento State Hospital, and one-fifth to the Stockton State Hospital. If said fund shall not furnish a revenue sufficient to defray the expenses and maintenance of said hospitals, then, and not otherwise, the other appropriations now made by law shall be applied to defray the deficiency, and the surplus, if any, remaining from such appropriations shall be, at the end of every six months of the fiscal year, turned over to the credit of the general fund.
SEC. 9. For all fines and penalties imposed by this act, upon any master or commander, owner or consignee, for any omission, neglect or refusal, to perform any act or duty required by this act, such vessel shall also be liable, and the amount of such fines or penalties shall be a lien on such ship, steamer or vessel, prior to all other liens, except those of sea
men's wages, bottomry bonds and respondertia. Such penalties and fines may be sued for and recovered in a civil action, with costs of suit, by the commissioner of emigrants or his authorized attorney, in the name of the State of California, in any court having cognizance thereof, and when recovered shall, after deducting the costs of counsel or attorney and all other reasonable expenses, be paid into the State treasury. And it shall be lawful for said commissioner to compound or commute for any of the said penalties or forfeitures, upon such terms as he shall think proper, and account thereof render at the end of every month to the comptroller of State, with the reasons and causes for such compounding or commutation. Said commissioner may also compound or commute with the owner or consignee of any ship, steamer or vessel, for any such bond or bonds as are required in section five of this act, to be given by such owner or consignee for such person or persons, passenger or passengers, as have been paupers in any other country, or who, from their condition at the time of their arrival in any part of the State, or from sickness or disease at the time of their leaving the port of departure, are a public charge, or are likely soon to become so; such commutation to be fixed by said commissioner of emigrants, at such sum as he may deem just and equitable, and sufficient to defray the necessary expenses consequent upon the care, support and maintenance of the persons for whom such commutation shall be made, during the existence and continuance of their then sick, disabled or infirm state, and like account thereof render at the end of every month to the comptroller of State, and the amount of moneys received under provision of this section, to be paid at the end of each month into the State treasury.
SEC. 10. In all cases of justification of sureties required under this act, the sureties shall justify before the mayor, required to approve the bond. The mayor is hereby authorized to adminster the oath or affirmation required upon such justification, for which he shall be allowed the same fees allowed by law to a notary public, for the same service. Every master or commander of any vessel shall, at the time of making his report, as in section one provided, make oath or affirmation, before the mayor to whom such report is made, who is hereby authorized to administer such oath or affirmation, and to receive therefor the same fee as in case of justification of sureties.
SEC. 11. The word "vessel," whenever used in this act, shall be held to include ships, steamers, barques, brigs, schooners,
sloops, boats, and all other descriptions of water craft. The word "mayor," whenever used in this act, shall be held to include every mayor of a city, or officer, or board discharging the duties of mayor, or chief municipal officer.
SEC. 12. For the port of San Francisco there shall be appointed by the governor of the State, by and with the advice and consent of the Senate, a commissioner of emigrants, who shall, in that city, discharge all the duties required by this act. He shall hold his office for two years; and before entering upon its duties, he shall file in the office of the Secretary of State a bond, with two or more sureties, in the sum of twenty-five thousand dollars, to be approved by the governor, for the faithful performance of his duties. He shall receive a commission of ten per cent. on all moneys collected by him and paid into the State treasury under this act. He shall approve all bonds and administer all oaths or affirmations required in the discharge of his duties, as in section ten of this act: Provided, Whenever in the city of San Francisco it shall appear to said commissioner, or in any other port of this State, to the mayor thereof, that the master or commander of any vessel has not made a full and correct report, as in section one of this act: Provided, Such commissioner or mayor shall have a right to inquire into the same, and for that purpose may compel the attendance of witnesses before him in the same manner, by subpœna and attachment, as is provided for compelling the attendance of witnesses before district courts in civil cases. The depositions taken in writing before said mayor or commissioner may be read in evidence on the trial of any suit commenced for any penalty or forfeiture, or for any sum due on any bond according to the provisions of this act, with the like effect as if regularly taken in such suit, subject to all legal exceptions thereto.
SEC. 13. The consuls, ministers, agents, or public functionaries, of any foreign government, arriving within this State, in their official capacity, are exempted from the provisions of this
SEC. 14. Sections one, two, and three, of an act entitled "An act to provide a revenue for the State Marine Hospital at San Francisco," passed twenty-sixth of March, eighteen hundred and fifty-one, and an act amendatory of "An act providing for the creation of a Marine Hospital for the State of California," passed seventh of February, eighteen hundred and fifty-one, are hereby repealed.
SEC. 15. The governor may at any time, for cause shown, re