Terms. Order of business. Trial jury. Records. Special terms. CHAP. V.-An Act to amend an Act approved February nineteenth, eighteen hundred and fifty-seven, entitled an Act fixing the time of holding the several Courts authorized to be held by the County Judge of the County of Calaveras, and to change the manner of summoning a Jury for the County Courts of said County, approved April twentyseventh, eighteen hundred and fifty-five. [Approved February 9, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Court of Sessions, County Court, and Probate Court, of Calaveras County, shall hereafter be held all at the same time, namely: on the first Monday of March, June, September, and December, of each year. SEC. 2. At said terms, the business pertaining to the Court of Sessions shall be first in order; and if no business of the Court of Sessions be ready, it shall be adjourned, and the County Court be opened; and if no business for the County Court be ready, the County Court shall be adjourned, and the Probate Court be opened for business. SEC. 3. The trial jury summoned for the Court of Sessions in said county, shall be the trial jury for the County Court therein. SEC. 4. The records of each of the said Courts shall be kept separately, as required by law. SEC. 5. Special terms of the Court of Sessions, and Probate Court, in said county, may be held on the call of the County Judge therein, whenever the public interest may require. SEC. 6. All laws and parts of laws, in conflict with the provisions of this Act, are hereby repealed, so far as they relate to the County of Calaveras. SEC. 7. This Act shall take effect on and after its passage. Assessments legalized. CHAP. VI.-An Act to legalize the Assessments made in the County of Calaveras. [Approved February 9, 1863.] The People of the State of California, represented in Senate and SECTION 1. The assessment of taxes upon all property, real and personal, in the County of Calaveras, whether for State, county, or other purposes, made since the first Monday of March, Anno Domini eighteen hundred and sixty-two, and before the second Monday of January, Anno Domini eighteen hundred and sixty-three, for the year eighteen hundred and sixty-two, are hereby confirmed and rendered valid and binding, both in law and equity, against the persons and property assessed. And all assessments made by the Assessors between the times above named, and all corrections made by the said Assessors of said county, or any of them, either upon the assessment roll or rolls, or the original assessment list, are hereby confirmed and legalized, and shall have the same force and effect in all Courts as if the same had been originally made and entered therein within the time required by law for making the assessments of said county. SEC. 2. This Act shall take effect on and after its passage. CHAP. VII.-An Act for the Payment of Expenses incurred in the execution of certain Writs of Restitution in the County of Sonoma, in this State. [Approved February 9, 1863.] The People of the State of California, represented in Senate and SECTION 1. The sum of eleven hundred and ninety dollars and Appropriaforty cents is hereby appropriated out of any moneys in the Gen- tion. eral Fund not otherwise appropriated, for the payment of the indebtedness incurred by the Petaluma Guard and the Emmet Rifles, called into service by the Governor of this State, to aid the Sheriff of the County of Sonoma in the execution of certain writs of restitution to him directed by the Courts of said county. SEC. 2. The Controller of State shall draw his warrants upon Duties of the Treasurer in favor of such persons, and for such amounts as have been audited and allowed by the Board of Military Auditors of this State, incurred by the said troops, not exceeding in the aggregate said amount of eleven hundred and ninety dollars and forty cents. Controller. SEC. 3. This Act shall be exempt from the provisions of the Exemption. Act entitled "an Act to create a Board of Examiners, to define their powers and duties, and to impose certain duties upon the Controller and Treasurer," approved April twenty-first, one thousand eight hundred and fifty-eight. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAP. VIII.-An Act to authorize the Board of Supervisors of Santa Clara County to have certain Spanish Records translated into English. [Approved February 9, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Santa Powers of Clara are hereby authorized to employ some competent Spanish Supervisors. scholar, or scholars, to translate from Spanish into English the Spanish records of every kind and description now on file in the Recorder's office in said county. Translator, oath of. Translation to be recorded. Expenses. SEC. 2. The said translator, or translators, as the case may be, shall be sworn by the Clerk of said Board of Supervisors to make a true and careful translation from Spanish into English of all and every part of said Spanish records. SEC. 3. The translation provided for in this Act, when completed, shall be submitted to the examination of said Board of Supervisors; and if approved by them, shall be recorded in one or more blank books, as they shall direct, and be deposited in the Recorder's office of said county, and shall remain on file in said office, and shall be a part of the lawful records of said county. SEC. 4. All expenses incurred by the said Board in carrying out the provisions of this Act, shall be paid out of the Contingent Fund of said county. SEC. 5. This Act shall take effect and be in force from and after its passage. CHAP. IX.-An Act to allow the County Clerk of Stanislaus County ta reside out of the County. [Approved February 11, 1863.] The People of the State of California, represented in Senate and SECTION 1. The present County Clerk of the County of Stanislaus may, and he is hereby authorized, to have his residence in said county, or in the adjoining County of Merced; provided, always, that he shall keep his office at the county seat of Stanislaus County; and, provided, further, that this Act shall only remain in force until the expiration of the term of office of the present incumbent; and, provided, further, it is the true intent and meaning of this Act, that for any residence heretofore acquired or held by said Clerk in the County of Merced, he shall not be deemed to have forfeited his office, nor for that reason shall any of his official acts be considered invalid. SEC. 2. This Act shall take effect from its passage. Franchise. CHAP. X.-An Act to provide for the Construction of a Wagon and [Approved February 11, 1863.] The People of the State of California, represented in Senate and SECTION 1. R. T. Brown, A. K. P. Harmon, L. H. Foote, W. P. Coleman, J. F. H. Forbes, and their associates and assigns, are hereby authorized to construct and maintain a wagon and turnpike road between a point known as "Wheeler's and a point known as "Bear Valley," in Mariposa County, or in case the said grantees or their assigns shall deem it most expedient, they are hereby authorized to make the Town of Coulterville the terminus of said road, instead of the said point known as Wheeler's;" in either case, such route for the location of said road shall be selected as may be determined upon by said Route of grantees or their assigns, and the Engineer or Engineers em- road. ployed by them for the survey and location thereof. Such survey and location to be made within six months from and after the passage of this Act; provided, that no route shall be selected Proviso. for the location of said road, either from "Wheeler's" or Coulterville, to Bear Valley, which shall exceed the distance of sixteen miles between the termini thereof. And the said grantees, and their associates or assigns, are hereby authorized to bridge the Mereed River at such point as the said road may cross the same, and to collect such tolls upon said road for the period of Tolls. twenty years from and after the completion thereof, as may be fixed from year to year by the Board of Supervisors of said county; provided, that such rates of tolls shall not be so reduced Proviso. as to produce an income of less than twenty per cent per annum upon the cost of constructing said road and bridge, over and above the expenses of collecting the tolls and of keeping said road and bridge in repair, and the said Board of Supervisors shall have power to examine the books and papers of said company, and take testimony, as in civil actions, for the purpose of ascertaining the cost of collecting tolls and of constructing and keeping said road and bridge in repair; and, provided, further, Proviso. that said company shall be authorized to collect tolls, to be fixed as in this section provided, upon any four miles of said road, as soon as such portion thereof shall be completed; and, provided, further, that the entire line of said road shall be completed within eighteen months from and after the passage of this Act, otherwise the rights herein granted shall be forfeited and this Act become null and void. rights of SEC. 2. Said company shall have the right of way over and Rights of along the route of said road, and shall have all the rights to way and enter upon and occupy private lands necessary to the location company. thereof, and to take and use any timber, rock, earth, or other material necessary to the construction and repair thereof, which are conferred upon railroad companies by an Act for the incorporation of railroad companies, approved May twentieth, Anno Domini eighteen hundred and sixty-one. SEC. 3. It shall be lawful for said company to throw open Rights of their road for such period as they may deem proper, by giving company. one week's notice by publication in a newspaper published in said county, of the date of such opening, and during the time. that said road remains so opened said company shall not be required to keep the same in repair, and shall not be liable for damages accruing in consequence of defects therein, and shall collect no tolls thereon during such time. chase road. SEC. 4. The Board of Supervisors of Mariposa County may, Supervisors at any time after the expiration of five years from the comple- may pur tion of said road, purchase the same by paying to the said company, or their legal representatives, the amount expended by them in the construction of said road, which shall be established Act made by competent testimony before the said Board. Then and thenceforth the same shall become the property of the said County of Mariposa, and shall thereafter be under the control of the Board of Supervisors of the same, as a free public high way. SEC. 5. The Act of May twelfth, Anno Domini eighteen applicable. hundred fifty-three, authorizing the formation of corporations for the construction of plank and turnpike roads, is hereby made applicable to said company, except so far as it may conflict with the provisions of this Act. SEC. 6. This Act shall take effect from and after its passage. Special tax. CHAP. XI.-An Act to provide a Fund for the redemption of, and prescribing the manner of redeeming the outstanding County Warrants drawn upon the Treasurer of Tuolumne County, and further to provide for the payment of all the current expenses of said Tuolumne County in Cash. [Approved February 12, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Tuolumne shall have power, and it is hereby made their duty, to levy a special tax, annually, in addition to other taxes provided for by law, upon the taxable property in said county, of three fourths of one per cent, and said tax shall be collected at the same time and in like manner as other taxes are collected in said Redemption county, to be called a "Redemption Fund," and shall be held and disbursed as is hereinafter provided. fund. Redemption. Proposals to surrender warrants. Lowest bids to be accepted. SEC. 2. The fund provided for by the first section of this Act shall be used for the redemption of any county warrants drawn upon the Treasurer of Tuolumne County, the redemption of said warrants to be made as hereinafter prescribed by the provisions of this Act. SEC. 3. It shall be lawful for any person or persons, being the owner, or the lawful agent and holder for any lawful owner, of any county warrants drawn upon any of the different Funds in the Treasury of Tuolumne County, to file sealed proposals with the Treasurer of said county for the surrender of county war rants. SEC. 4. On the first Monday of each and every month, the Board of Supervisors, together with the County Auditor and Treasurer, shall attend at the office of the Board of Supervisors, and then and there open all proposals, and accept the lowest bids for the surrender of county warrants; provided, that no bid for more than par value of said warrants, or any bid unless accompanied by the warrants proposed to be surrendered, shall be accepted. |