HomeMy WebLinkAbout68-1861
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RESOLUTION N0. 68-f~(~
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING ACCEPTANCE OF N1;GOTIABLE
PAPER BY THE JUDICIAL DISTRICTS
WHEREAS, the normal economic activities have accepted the
use of negotiable paper extensively; and
WHEREAS, the Judicial Districts have not heretofore been
permitted to accept the same in payment of a fee, fine, or penalty,
or in payment of any bail deposit or any trust deposit; and
WHEREAS, in order to keep abreast of the times, it is felt
that it is expedient to accept the deposit of negotiable paper for
such payments,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Butte, State of California, that any officer of
a Judicial District of the County of Butte is hereby authorized
to accept negotiable paper drawn upon a California bank or post
office money order (bank checks and drafts, express and post
office money. orders), in payment of a fee, fine, or penalty,
or in payment of any bail deposit or other trust deposit. That
said officer may, at his discretion, accept negotiable paper drawn
on a California bank for such payments, and that acceptance of the
negotiable paper constitutes payment as of the date of acceptance
when, but not before, negotiable paper is paid.
BE IT FURTHER RESOLVED that the court shall deposit such
negotiable paper as soon as practicable, as follows:
(1) In the bank account authorized for use of the court;
or
(2) If a bank account has not been authorized, the
negotiable paper may be deposited with a bank far collection in
exchange for a bank cashier's check equal to the amount of the
deposit. The cashier's check shall be deposited in the County
Treasury by cash received for the same purpose; or
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(3) The court may, at its option, deposit the negotiable
paper daily in the county treasury.
BE IT FURTHER RESOLVED if any negotiable paper is returned
unpaid to the bank with which it was deposited, the bank shall
return it to the officer who deposited it, and if its amount has
been included in any cashier's check given by the bank, the bank
is entitled to a refund in the amount of the unpaid negotiable
paper.
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BE IT FURTHER RESOLVED that any negotiable paper redeemed
by or charged back to the county treasurer by reason of nonpayment
shall be returned to the officer who deposited it with. him, and
a memorandum charging the officer making the deposit and crediting
the treasurer shall be issued by the county auditor on the fund
into which the original deposit was made.
BE IT FTJRTHER RESOLVED if any negotiable paper is not paid
on due presentment for any reason, the record of payment in the
docket and cash collection record shall be cancelled and the
receipt issued and acknowledgment of such payment shall~be deemed
cancelled. A notice shall be sent by the accepting officer
immediately to the person who attempted payment by the negotiable
paper of the cancellation of payment. The fee, fine, bail or
penalty shall continue as an outstanding obligation as though no
payment had been attempted.
BE 1T FURTHER RESOLVED that the judge or officer accepting
the negotiable paper shall incur no personal liability for the
acceptance of the negotiable paper pursuant to law, which is not
paid on due presentment unless such paper is accepted in violation
of any condition imposed by the Board of Supervisors.
BE IT FURTHER RESOLVED that this resolution is made ',
pursuant to Government Code Sections 6150-6156; 25303.1-25303.6.
This resolution shall become effective January 1, 1968.
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1 PASSED AND ADOPTRD by tYce Butte County Board of Supervisors
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2 this ~ 9 day of November, 1968, by the following vote:
3 AYES: Supervisors Dunaway, Howsden, McKillop, P•yde & Chai••man A~!axon
4 NOES: None
5 ABSr~NT: None
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DONALD L. MON , C~ai rman o t e
8 Butte County Board of Supervisors
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10 ATTEST:
11 JESSIL ROGERS, County Clerk
and ex-officio Clerk of the
12 Board of Supervisors
13 By C~~- Deputy
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