USA > California > Napa County > History of Napa and Lake Counties, California : comprising their geography, geology, topography, climatography, springs and timber, together with a full and particular record of the Mexican Grants, also separate histories of all the townships and biographical sketches > Part 78
USA > California > Lake County > History of Napa and Lake Counties, California : comprising their geography, geology, topography, climatography, springs and timber, together with a full and particular record of the Mexican Grants, also separate histories of all the townships and biographical sketches > Part 78
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SEC. 7. Each person elected shall, within ten days after receiving his certificate of election, file with the president of the Board of Commissioners the bond required by law, and shall qualify in the same manner as required by the general law of this State, before entering upon the duties of his office ; provided, that the County Judge elected may qualify before the president of the Board of Commissioners immediately after his election is known, and all other county and township officers may qualify before the County Judge in the same manner as required by general law in the coun- ties of this State.
SEC. 8. The president of the Board of Commissioners, without delay, shall transmit to the Secretary of State an abstract of said election returns, and shall file the original returns in the Clerk's office as soon as he shall have entered upon the duties of his office. Said commissioners shall be allowed a just and reasonable compensation for their services by the Super- visors of Lake County, to be audited and allowed as other county charges.
SEC. 9. The County Judge elected under this Act shall hold office four years from the first day of December, 1861, and until his successor is elected and qualified, and shall reside in the township where the county seat is located. All other county officers, elected under the provisions of this Act, shall hold office for two years from the first day of December, 1861, and until their successors are elected and qualified.
SEC. 10. The County Judge shall receive a salary of $1,000 per annum, which shall be paid quarterly, as other county charges ; he shall hold the courts required by law to be held by County Judges, at the same time, com- mencing the first Monday of February, May, August and November, pro- vided, however, the County Judge may call and hold special sessions of the Probate Court and the Court of Sessions whenever the public necessity may require.
SEC. 11. The District Attorney shall receive a salary of $400 per annum, to be paid quarterly, and such fees as are allowed by general law. All other county and township officers shall receive, as compensation, the fees allowed by law in this State.
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SEC. 12. The Board of Supervisors shall hold regular meetings, in the county seat, the first Monday of February, May, August and November, of each year. Special terms may be held at the call of the president of the Board of Supervisors, provided, not more than two special terms shall be held in one year. One of the three Supervisors shall be chosen for each of the districts. The one elected from district number one shall be president of the Board, and shall hold office from the first day of December, 1861. The Supervisior elected from district number two shall hold office for two years from said day. The Supervisor elected from district number three shall hold office for three years, and the one holding the oldest commission shall be president of the Board. Their compensation shall be twenty cents for each mile necessarily traveled in going and returning to the county seat, to attend the regular meetings of the Board, and $4 for each day's attendance upon the same.
SEC. 13. Lake County shall continue to be a portion of the Seventh Judicial District, and the District Judge shall hold one term of court in said county, commencing the second Monday of April, 1861, and every year thereafter two terms, commencing on the second Monday of April and the first Monday of December.
SEC. 14. For representative purposes Lake County shall continue and be a part of Napa County.
SEC. 15. J. N. Pendergast of Yolo County, Charles Ramsey of Solano County, and Anthony P. Buckner of Colusa County, are hereby appointed to select two sites which they shall deem most suitable for the county seat of Lake County. After having made such selections as herein directed, they shall report the same to the Commissioners of Election for Lake County, on or before the second Monday in June, 1861.
SEC. 16. Said Commissioners of Election shall cause to be posted, at each precinct in Lake County, notice of the selections made for a county seat at least ten days before the day of election. The notices shall plainly designate, by name, each place selected to be voted for as a county seat, and the place receiving the highest number of votes shall be the county seat of Lake County ; provided, however, that said commissioners hereby named for making such selection shall, previous to performing the duties imposed upon them, first make oath before some officer authorized to administer the same, each for himself, that they nor either of them, are in any manner in- terested in the location of the county seat of said county, and that they will faithfully and impartially make the selection by this Act imposed. Two of said commissioners shall be a quorum.
SEC. 17. The said commissioners shall receive $4 per day for the time necessarily employed in making the selection, and traveling ex- penses to and from their places of residence, not to exceed twenty-five
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cents for each mile necessarily traveled, which shall be paid out of the first money received into the treasury of Lake County. In case of failure on the part of said commissioners to make selections, as in this Act required, in this case the place which shall receive the highest number of votes shall be by the Election Commissioners declared the county seat.
SEC. 18. All assessments for the current legal year shall be made by the Assessor of Lake County, and all taxes shall be collected by the Sheriff, who shall be ex-officio Tax Collector; and the Board of Supervisors are hereby authorized to levy and cause to be collected, in the manner pre- scribed by the general law of this State, and the provisions of this Act, an annual tax for State and county purposes, not to exceed the sum of $2.25 on each $100 worth of taxable property in the county.
SEC. 19. All Acts and parts of Acts in this statute are hereby repealed so far as they conflict with the provisions of this Act.
SEC. 20. This Act shall take effect and be in force from and after its passage.
COUNTY BOUNDARIES .- The boundary lines of Lake County have been changed somewhat since its organization. February 29, 1864, the following boundaries were established by an Act of the Legislature :
Commencing at the south-eastern corner of Mendocino County ; thence running in an easterly direction, along the dividing ridge between Russian River and Knights Valley on the west, and Clear Lake and Loconoma Val- leys on the east, to the highest point on Mount St. Helena ; thence eastwardly to the most northern part of Las Putas ranch, commonly known as the " Berryessa ranch ;" thence in a direct line to a point where the second standard line (United States survey) crosses the line dividing Yolo and Napa Counties ; thence northerly along the highest ridge of mountains dividing the waters of the Sacramento on the east, and the Berryessa on the west, until it intersects the line dividing Yolo and Colusa Counties ; thence along the main ridge of mountains dividing the waters of Long Valley on the east and Clear Lake on the west; thence up said ridge to the summit of the Coast Range; thence along the summit of Hulls Mountain ; thence in a direct line to Mount St. Hedson ; thence southerly on the ridge dividing the waters of Russian River on the west and Clear Lake on the east, to the point of beginning.
March 24, 1868, another change was made which was as follows :
Beginning at the south-east corner of Mendocino County ; thence east- erly along the summit of the ridge dividing the waters flowing into Russian River and Knights Valleys on the west, and Clear Lake and Loconoma Val- leys on the east, to the highest peak of Mount St. Helena ; thence easterly along the line heretofore established, to the Butts Cañon road ; thence east- erly in a right line to the most northern point of the Las Putas ranch,
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commonly known as the "Berryessa ranch;" thence easterly along the northern line of said ranch to the north-east corner thereof; thence east to the line between Yolo and Napa Counties; thence northerly along the summit of the range of mountains dividing the waters of the Sacramento River from those flowing into or through Berryessa and Morgan Valleys on the west, to Cache Creek ; thence east to the summit of the spur of the Coast Range which divides the waters flowing into Bear Creek and Stony Creek, and those flowing west into the north fork of Cache Creek ; thence northerly along said dividing ridge, following the divide of said waters to the summit of the Coast Range of mountains; thence northerly along said summit to the highest point on Hulls Mountain; thence westerly in a right line to the highest point on Mount St. Hedson ; thence southerly, following the sum- mit of the mountain which divides the waters flowing west into Russian River and those flowing east into Clear Lake, to the beginning.
From time to time disputes arose as to the exact location of the line be- tween Napa and Lake Counties, and finally, to settle the matter definitely, the following Act of the Legislature was passed March 8, 1872:
The northern boundary line of Napa and the southern boundary line of Lake Counties shall commence at the highest point of Mount St. Helena ; thence running in an easterly direction along the present boundary line between said counties to the Butts Cañon road; thence north-easterly in a direct line to the junction of Jericho and Putah Creeks ; thence up Jericho Creek to the junction of Hunting Creek, to a large pile of rocks on the south-easterly side of the county road at the lower and most easterly end of Hunting Valley ; thence in a straight line in the direction of the intersec- tion of Bear and Cache Creeks, to the county line of Yolo County ; thence along the line of Yolo County, in a south-easterly direction, to the present county line dividing Yolo and Napa Counties.
This Act, it will be seen, transferred nearly a whole township from Lake to Napa County, including the mines at Knoxville. There was, previous to this, a Knoxville Township in Lake County, and subsequently a township of that name in Napa County. This Act provided further : The Board of Supervisors of Napa County shall order paid the claim of Lake County for the sum of $3,500, and the Auditor of said county of Napa shall draw a warrant for the same on the Treasurer of the said county, payable from the general fund, and the Treasurer of Napa County shall pay the same.
SESSIONS OF COURT .- March 18, 1863, the following Act relative to the sessions of the District Court was passed by the Legislature : The terms of the District Court, in and for the county of Lake, shall be commenced on the first Monday in April and the third Monday in November of each year.
On the 25th day of April, 1863, the following was established as the days of beginning the sessions of this Court: On the fourth Monday of March and November of each year.
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January 1, 1866, the following Act was passed : The time for holding the District Court in Lake County shall be changed to the third Monday in April and the second Monday in November.
March 3, 1866, the terms of the County and Probate Courts were fixed as follows: The terms of the County Court shall commence on the first Monday of January, April, July, and October of each year. The Probate Court shall be held at the same time, but the County Court shall be held first.
SALARY OF COUNTY OFFICERS .- On the 29th day of February, 1864, the following Act relative to the salaries of the officers of Lake County became a law :
The District Attorney shall receive a salary of $600 per annum, to be paid quarterly, and such fees as are allowed by law. The County Clerk, who shall be ex-officio Recorder and Auditor, shall receive a salary of $1000 per annum, to be paid quarterly, as other county charges, which salary shall be in full compensation for all services as County Clerk, Auditor, and Re- corder, and Clerk of the Board of Supervisors; and he shall collect such fees as are allowed by law for all services performed by him in his official capacity, and pay the same into the county treasury. He shall keep a cor- rect account of all fees received by him, or due for official services performed by him, and shall settle quarterly with the Board of Supervisors. The County Assessor shall be paid a sum not to exceed $4 per day for the num- ber of days actually necessary in assessing said county, and for each day's necessary attendance during the session of the Board of Supervisors as a Board of Equalization. The Superintendent of Public Instruction shall receive a salary of $100 per annum, to be paid quarterly. All other county and township officers shall receive, as compensation, the fees allowed by law; provided, that the Board of Supervisors shall receive a compensation of ten cents for each mile necessarily traveled in going to and returning from the county seat, to attend the regular meetings of said Board, and $3 for each day's attendance on the same.
April 2, 1866, the following Act relative to the salaries of officers was approved :
The District Attorney shall receive a salary of $600 per annum, to be paid quarterly, and such fees as are allowed by law. The Sheriff shall re- ceive a salary of $600 per annum, to be paid quarterly, as other county charges are paid, and also such other fees as are allowed by law. The County Assessor shall be paid a sum not to exceed $4 per day for the num- ber of days actually necessary in assessing the county, and for each day's necessary attendance during the sessions of the Board of Supervisors as a Board of Equalization. The Superintendent of Public Instruction shall re- ceive a salary of $600 per annum, to be paid quarterly. All other county and township officers shall receive, as compensation, the fees allowed by
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law ; provided, that the Board of Supervisors shall receive a compensation of ten cents each for each mile necessarily traveled in going to and return- ing from the county seat, to attend the regular meetings of said Board, and $3 for each day's attendance on the same.
March 12, 1868, another change was made, but this only affected the salary of Superintendent of Public Schools, which, from some inexplicable cause, was reduced to the merely nominal sum of $100 per annum. Cer tainly, this is not to be taken as a criterion of the estimation in which educational matters generally are held in the county, still it is apt to follow that insufficient compensation will secure the services of only inefficient servants of the people. This remark is applied to a general truth, and not to any special case, as the standard of official efficiency has always been high despite the inadequate salary paid.
March 24, 1868, the salary of the Treasurer was fixed as follows: In addition to the compensation allowed by law he shall receive a salary of $500 per annum, payable quarterly, out of the general funds of the county.
March 20, 1872, the salary of the District Attorney was fixed at $800 per annum, but eight days later, March 28, 1872, this was reduced $100, leaving it $700 per annum.
March 31, 1876, the following Act relative to the salaries of the officers of Lake County was approved, and it is still in full force and effect, the " County Government Bill" passed by the Legislature of 1880 having been declared unconstitutional. The provisions of this law are as follows :
SECTION 1. The County Clerk shall be ex-officio Clerk of the District, County and Probate Courts, and of the Board of Supervisors, Equalization and Canvassers, Auditor and Recorder. The Sheriff shall be ex-officio Tax Collector.
SEC. 2. The salary of the County Judge shall be $1,000 per annum, and he shall receive no other or further emoluments for any services ren- dered as County Judge or ex-officio Judge of the Probate Court.
SEC. 3. The Sheriff shall receive as full compensation for services for himself and deputies, jailors and assistants, the sum of $3,000 per annum, and such fees and mileage as is now provided for by law for making arrests and subpænaing witnesses in criminal cases; he shall also be allowed, for the boarding of prisoners, a sum to be audited by the Board of Supervisors not to exceed seventy-five cents per day for each prisoner ; he shall also be allowed to retain for his own use and benefit all moneys received by him as rewards for arrests or conviction of criminals, or for the recovery of stolen property ; also the amount allowed by the State for the conveyance of prisoners to the State Prison, and the conveyance of insane persons to the Insane Asylum.
SEC. 4. The County Clerk shall receive the sum of $2,500 per annum, in full compensation for services for himself and all deputies, as such County
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Clerk, or as ex-officio Clerk of the District, County and Probate Courts, of the Board of Supervisors, Equalization, Canvassers, and as Auditor and Recorder ; provided, however, that he may retain for his own use and ben- efit, all the fees and compensation accruing to his office from conveyancing, searching of records, making abstracts of title, and the acknowledging of all instruments of writing which he is competent to make.
SEC. 5. The County Treasurer shall receive $1,200 per annum, in full compensation for services for himself and his deputies as such County Treas- urer, and shall, in addition to said salary, be allowed to retain for his own use and benefit, all sums of money allowed by the State for mileage, in making his settlements with the State Treasurer.
SEC. 6. The County Assessor shall receive $800 per annum, in full compensation for all services for himself as such Assessor; provided, that he shall retain ten per cent. of the amount collected as State and road poll tax for his own use and benefit; provided further, that the Board of Su- pervisors may, if they deem it necessary, appoint one or more deputy assess- ors at a per diem not to exceed $4 each, and not to exceed $500 in any one year to any one deputy assessor.
SEC. 7. The District Attorney shall receive $700 per annum, and in addition thereto, he shall receive fees as follows: For each conviction in a charge of felony, when the penalty is death, $50; for each conviction on a charge of felony when the penalty is other than death, $25; for each con- viction of a misdemeanor, $15, to be assessed against the party convicted, and if the same cannot be collected from him, then it shall become a county charge and shall be audited by the Board of Supervisors.
SEC. 8. The County School Superintendent shall receive $700 per an- num, in full compensation for services for himself and his deputies as such County School Superintendent, and he shall receive no other or further com- pensation for any services as such County Scoool Superintendent.
SEC. 9. Each member of the Board of Supervisors shall receive the sum of $5 per day for each day necessarily employed about the business of said Board, and shall, in addition thereto, be allowed a mileage of twenty cents per mile traveling to and from their residences to the county seat ; provided, that no charge shall be made for more than one trip going from and returning to the residence of such supervisor during any one regular or special term of said Board ; provided further, that no one member shall receive as mileage and per diem in any one year a sum to exceed $350.
MISCELLANEOUS ACTS OF THE LEGISLATURE .- There are a number of Acts referring to Lake County which can not be well classified, and they are appended here. There are other Acts which will be found under other chapters, as those referring to the roads, county seat, and the Cache Creek dam, to which the reader is referred for further information on those subjects.
Deter Butwell
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Legislative History of Lake County.
Treasurer made Tax Collector .- February 29, 1864: The taxes shall be hereafter payable directly to the County Treasurer.
Legal Distances .- The legal distances from the county seat of Lake County shall be as follows: To Sacramento, one hundred and twenty miles ; to Stockton, one hundred and sixty-five miles ; and.to San Quentin, one hundred and thirty-five miles.
In Third Congressional District .- April 1, 1864, Lake County was put in the Third Congressional District, where it has since remained.
Relief of J. B. Cook .- Mr. Cook was Treasurer of Lake County, and on the 24th of October, 1865, the sum of $1,838 was stolen from him. February 27, 1866, the Legislature passed an Act for the relief of himself and his bondsmen.
Sheriff made Tax Collector .- March 5, 1868, the duties of Tax Col- lector were transferred from the Treasurer to the Sheriff, where they still remain.
Member of Assembly .- Lake County had always elected a member of the Assembly conjointly with Napa County till 1876, when it was given a member alone. The bill was approved March 16th of that year. Napa, Lake and Sonoma Counties were at that time formed into the Twentieth Senatorial District, and one Senator allotted to the district, and Napa and Lake Counties were each allotted one member of the Assembly.
Clear Lake Navigable .- March 29, 1878. Clear Lake, in Lake County, in the State of California, is hereby navigable. Nothing herein contained shall be deemed to interfere with rights of swamp and overflowed land- owners and claimants around the margin of said lake to reclaim the same as now authorized and provided by law.
Municipal Powers .- Municipal powers were granted the towns of Lakeport and Lower Lake March 25, 1878, in regard to the running at large upon the streets, of live stock, and the sheriff or any constable may corral and impound the same.
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POLITICAL HISTORY OF LAKE COUNTY.
Owing to the fact that Lake County was until 1861 a portion of Napa County, we will omit here what is necessarily included in the political his- tory of that county so far as it relates to Lake, and refer the reader to that portion of the work for the earlier points in this history.
Passing at once to the organization of the county, it will be found that the first election for the officers of the county was held on the first Monday in June, and the result of this election was as follows: County Judge, O. A. Munn ; Sheriff, W. H. Manlove; County Clerk, W. R. Mathews; District Attorney, G. W. Marshall ; Treasurer, N. Smith; Surveyor, E. Musick ; Coroner, J. W. Smith.
The commissioners for the organization of the county established three Supervisor's Districts, from each of which a member of the Board was elected at this time as follows : First District, S. Hunting ; Second District, J. H. Jamison ; and Third District, J. W. Maxwell.
These commissioners also designated two suitable locations to be voted for as county seat, and they fixed upon Lakeport, then known as Forbesville, and Lower Lake. The choice was Lakeport, and while that place is the present county seat, yet there have been many devious windings in the his- tory of the seat of government of Lake County, all of which will be duly recorded further on.
On the night of the 15th of February, 1867, the Court-house of Lake County was destroyed by fire, doubtless the work of an incendiary, and with it all books and records of the county ; hence there is no data to guide us in compiling the political history of the county previous to that date.
TOWNSHIP BOUNDARIES .- At a meeting of the Board of Supervisors, held very shortly after the burning of the Court-house, the following boun- daries of townships were established. It is safe to presume that they comport, as far as memory served the Board, with the former boundaries of which all record is lost. The township and supervisorial district boundaries were the same, and the people still speak of their location by the supervisor's district rather than the township.
Lower Lake Township .- This is Supervisor's District No. 1, and is bounded as follows : Beginning at the highest point of St. Helena Mountain, to the line dividing Napa County from the county of Lake; thence along
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the dividing line between Lake and Napa Counties easterly, to where the second standard line of United States survey crosses the Yolo County line ; thence northerly along the line dividing Yolo and Lake Counties, to the south-west corner of Colusa County ; thence along the main ridge of mount- ains dividing the waters of Long Valley on the east and Clear Lake on the west; thence westerly along said ridge to the point between Alter's and Stubbs' ranches ; thence southerly along said ridge dividing Alter's and Stubbs' ranches to Clear Lake; thence southerly across said lake to a point one mile east of Uncle Sam Mountain; thence in a southerly direction to the thirty-five-mile post on the Sacramento road; thence southerly to the highest point of Siegler Mountain, so as to include Gravelly Valley in this township; thence in a southerly direction to the highest point of Cobb Mountain, so as to leave Cobb Valley out of this township; thence follow- ing the county line south-easterly to the place of beginning.
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