The Trinity times., 1855-02-10

ance thereof; and all treaties made, or winch
shall be made, under the authority OF the
United States, shall be the supreme law OF
the land and the Judges in every State shall
be bound thereby, anything in the constItu-
ton or laws of any State to the contrary not
withstanding"
The tenth article of the amendments to
the Constitution reads as follows:
THE powers not delegated to the United
States, by the constitution, nor prohibited by
1t to the States, are reserved to the States
respectively, or to the people"
an .ACT to proUide for the Protection Of
Fo, eigners, and to dcine their Liabilities
and Privileges. Passed March 80, 1888. J
The People IF the State Of California, rep
resented in Senate and assembly, do enact
as }oiiows:
SECTION / That from and after the pas
sage of this act no person, not being citl-
zen of the United States, California Indians
excepted J shall be allowed to take gold from
the mines of this State, unless he shall have
a license ther efor, rs hereafter provided.
SEC. 3. 1t shall be the duty of the Comp
trolier Of State to procure sufficient num-
Der of blank licenses, which shall be sub
stantBly in the following form and number
ed consecutively, and record thereof be filed
in his office lie shall deliver said licenses
to the Treasurer of State, aud take his re-
ceipt for the same, upon the books Of his of
fee:
Every subsequent license after the first,
ball hsa taA frnn ba pf fh,.f f.,r.
mer license issued by the Sheriff or his dep
uty to any foreign miner who shall have been
engaged in mining, from the expiration of
such former license.
SEC. 3. The Sheriff Of each county
shall be the Collector of License Tax, under
the provisions of this act, who, before enter
ing upon the duties herein provided for shall
enter into bond to the State, with two or
more sureties, to be approved by the Board Of
Supervisors, if any such Board exists in his
county if there be no such Board then by
the County Judge, in the sum Of fifteen thou
sands dollars, conditioned for the faithful
performance of the duties required of him
| by this act, which bond shall be filed in the
office Of the Clerk Of said county:
| Sec. 6. The amount to be paid for each
| license shall be at the rate of four dollars
per month and said license shall in no case
be transferable.
| SEC. 10. The Collector may seize the
property Of any person liable to, and refusing
| to pay such tax, and sell at public auction on
one hours notice, by proclamation, and trans
fer the title thereof to the person paying the
| highest price therefor, and after deducting
the tax and necessary expenses incurred by
reason Of such refusal and sale of property
the Collector shall return the surplus OF the
proceeds of the sale, if any, to the person OF
persons whose property was sold Provided
that should any person liable to pay such tax
in any county of this State, escape into any
other county with intent to evade the pay
ment of such tax, then and in that event il
shall be lawful for the Collector TO pursue
such person, and enforce the payment OF
such tax in the same manner as if no such
escape had been made. Any foreigner rep
resenting himself to be a citizen of the Uni
ted States, shall in the absence Of his Ger
tiicate to that effect, satisfy tho Collector Of
the correctness of his statement by affidavit
or otherw Use, and that the Collector be and
is empowered to administer such oath or af
irmation. All foreigners residing in the hi
ming districts Of this State shall be consider
ed miners under the provisions of this net
unless they are directly engaged in some othel
Lawful business avocatlon.
SEC. l3. Any Sheriff or his deputy whc
shall neglect or refuse to pay over the money
collected by him or them, under the provis
ions of this act, or shall appropriate any par
thereof to his or their use, other than tn,
per centage they are entitled to retain by til,
provisions Of this act, shall be deemed guilt,
Of embezzlement. and upon conviction there
of shall be punished by Imprisonment in tn,
State Prison any time not less than one year
nor more than ten years.
SEC. II. Any officer charged with the col
lection of the tax provided to be collected b,
this act, who shall give any recript 0the
than the receipt prescribed il this act, or re
ceve money for such license without givin.
the necessary receipt, shall be deemed guilt,
of mlsdemeanor, and upon conviction shal
be hned III sum not exceeding one thousant
dollars, and be imprisoned in the county jai
not exceeding six months.
SEC. l6. Any person who shall make an,
alteration, or cause the same to be made, il
any license, shall be guilty of misdemean
or, and upon conviction shall be fined in
sum not exceeding one thousand dollars, an,
imprisonment In the State Prison not exceed
ing six months.
SEC u Any person or company Mrinr
foreigners to work in the mines Of this State
shall be liable for the amount of the license,
Tor each person so employed.
AN ACT dmendat0ry Of "An .4d TO pro
uide for the Protection Of Foreigners. and
TO define their Liabilities and PriviLeges. ,
passed March 30, 1853. Passed May 3
1854.
The People Of the State # California, ,ep
resented ia Senate and .4SSem6iy, do eaa
as sJoLtows:
SEC. /. Section one of "An Act to pro
vide for the Protection of Foreigners, and tc
define their Liabilities and Privileges" pass.
ed March 80, 1858, is herby amended 50 a.
to read as follow:
SEC. |. No person not being citizen o.
the United States, or who shall not have de.
clared his intention TO become such prior ID
the passage of this Act, California Indians
excePted,) shall be allowed to take gold from
the mines of this State, unless he shall have
a license therefor as herinaiter provided.