Duties of as Swamp and Overflowed Lands to the City of Sacramento, approved March thirty-first, one thousand eight hundred and fifty seven. SEC. 4. The said railroad company shall, at all times, after to levee, etc. using the said levee for railroad purposes as aforesaid, and while so using the same, keep in good repair and maintain at its present height such portion of said levee as may be used by said company for railroad purposes as aforesaid; and shall also make and keep in repair all necessary crossings over the said levee and railroad. Conditions. SEC. 5. The said Central Pacific Railroad Company of California shall so construct that portion of the track of said railroad along I and Front streets, between Sixth and K streets, that the track shall present a smooth and uniform surface, even with the top of the rails, so that vehicles may pass over and across the same without difficulty or obstruction; and a failure and refusal by said railroad company to comply with any of the above provisions, within a reasonable time after notice, shall be held and deemed a forfeiture of the right to use the said streets of said city, or any portion thereof, by said company for railroad purposes as aforesaid. SEC. 6. This Act shall be deemed a public Act and shall take effect and be in force from and after its passage. Authority to sell, mortgage, etc. CHAP. CCX.-An Act to authorize the Mechanics' Institute of the [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. The President and The Board of Directors of the Mechanics' Institute of the City of San Francisco, are hereby authorized and empowered to sell the real estate of said Institute, or borrow in the name of and for and in behalf of said Mechanics' Institute of the City of San Francisco, such sums of money as may be necessary to erect, repair, or complete any buildings to be owned, leased, and occupied by the said Institute; and in the name of and for and in behalf of said Institute, to execute any instruments in writing, or evidences of indebtedness, or mortgages, or deeds of trust, containing usual or necessary covenants requisite to obtain and secure the payment by said Institute of the money borrowed for the purposes aforesaid, and to bind the property of said Institute for the payment thereof. Such instruments in writing, or mortgages, or deeds of trust, shall only be made after a meeting of the stockholders in said Institute shall have been called by a notice to such stockholders by advertisement of at least two weeks, in every issue, in one or more of the daily newspapers published in the City and County of San Francisco, setting forth the time, place, and object of the meeting, and after the majority in value of such stockholders at such meeting shall have authorized the said mortgage or deed to be made. Form of SEC. 2. The said Institute and its property. shall be held bound by the act of said President and the Board of Directors, conveyance. and by every instrument executed by said President and the Board of Directors; and in every deed, mortgage, or deed of trust, executed in pursuance of this Act, the recitals in such deed, or deeds of trust, or mortgages, of the notice, meeting, and approval of stockholders, shall be conclusive proof of the due publication of such notice, and of the due approval of said. stockholders, and any deed, or deeds of trust, or mortgages, with recitals therein, executed by said President and the Board of Directors of said Institute, shall be effectual and conclusive against the said Institute, and all the members and stockholders thereof; and the receipt of said President and Board of Directors shall be a sufficient discharge to any party loaning money to said Institute from all obligation to see to the proper application of the money so loaned; provided, nothing in this Act shall Proviso. affect any remedy of the stockholders against said President or Directors for an illegal act, or a misappropriation of moneys obtained under this Act. SEC. 3. Any mortgage, deed, or deeds of trust, executed under this Act, shall have like force and effect to bind the property of said Institute, as if executed by all the stockholders of said Institute. SEC. 4. The property of said Mechanics' Institute of the City of San Francisco shall be exempt from taxation. SEC. 5. This Act shall take effect from and after its passage. CHAP. CCXI.-An Act to authorize J. Bidwell, J., C. Mandeville, and others, to construct a Wagon Road in the Counties of Butte and Plumas. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. J. Bidwell, J. C. Mandeville, R. M. Cochran, E. Franchise. B. Pond, John Guill, and their associates, are hereby authorized to construct and keep in repair a wagon road, commencing at the Town of Chico, in the County of Butte, and running thence, by the most direct and feasible route, across the Sierra Nevada Mountains, to the eastern boundary of the State of California, at or near Honey Lake Valley. SEC. 2. Said grantees shall construct a good substantial road, Conditions. for the passage of loaded teams, and shall keep the bridges, grades, and culverts, in good order. SEC. 3. Said grantees shall have the right to erect and main- Right to tain one toll gate for each section of twenty-five miles of collect tolls. said road when constructed, and the right to levy and collect tolls thereat for all animals or vehicles travelling upon the line Rates of toll. Of said road. The aggregate of tolls to be collected at each of Proviso. Proviso. the said toll gates for travelling over said road, not to exceed the following rates, to wit: for vehicles drawn by one animal, twenty-five cents; for vehicles drawn by two animals, fifty cents; and twelve and a half cents for each additional animal; horsemen, twelve and a half cents; pack animals, ten cents each; loose stock, five cents each; sheep and swine, two cents each; provided, however, that if the wagon road authorized by this Act shall intersect the route of the wagon road that is now or hereafter may be adopted by authority of the Board of Supervisors of Tehama County, for the location and construction of the wagon road authorized under an Act to provide for the construction of a wagon road by the Board of Supervisors of Tehama County, approved January twenty-seventh, eighteen hundred and sixty-three, then from the first point of such intersection to the eastern terminus of the road no toll gate shall be erected or tolls collected thereon. And such first point of intersection is hereby declared to be the eastern terminus of the road authorized by this Act, instead of the eastern boundary line of the State, at or near Honey Lake Valley; and, provided, further, that said Board of Supervisors of Tehama County shall have until the fifteenth day of May next to make choice of survey, and lay out the line of their proposed wagon road; and nothing in this Act shall be construed to prevent, or prohibit, or in any manner interfere with the action of the said Board of Supervisors of Tehama County in the location and construction of their said road; and, provided, further, that no toll shall be collected in any event by parties herein authorized, or any other company, east of a north and south line running through Butte Creek Valley, in Plumas County, and in no event on the line of the present wagon road running from Dogtown to Honey Lake Valley. And, provided, further, that should the parties herein named at any time after the first day of June, eighteen hundred and sixty-three, conclude to and construct an entire new road from Butte Valley to Honey Lake Valley, or any portion of said route, and the same not interfering in any manner with the road from Dogtown to Honey Lake Valley, or the road from Red Bluffs to Honey Lake Valley, which have been or may hereafter be constructed, then the parties herein named shall be authorized to collect tolls on the same. SEC. 4. The rights and privileges hereby granted shall continue for the period of twenty years; provided, that said road shall be kept in good travelling order. SEC. 5. This Act shall take effect and be in force from and after the date of its passage. CHAP. CCXII.-An Act to incorporate the Town of San Luis Obispo. The People of the State of California, represented in Senate and SECTION 1. The inhabitants of the Town of San Luis Obispo, IncorpoCounty of San Luis Obispo, are hereby constituted a body cor- ration. porate and politic, under the name and style of "The Town of San Luis Obispo," and by that name and style they and their successors shall be known in law, and have perpetual succession, and be invested with all the rights and privileges conferred by and be subject to all liabilities, restrictions, and provisions of an Act entitled an Act to provide for the incorporation of towns, approved April nineteenth, one thousand eight hundred and fifty-six, so far as the provisions of said Act may be consistent with the provisions of this Act. SEC. 2. The boundaries of said town shall be as follows: Boundaries. Commencing at a point in the centre of the River of San Luis Obispo, one half a mile below the junction of the "Arroyo de la Huerta" with the same; thence at right angles with the course of said river, southerly, three quarters of a mile; thence at right angles, easterly, parallel with the said river, two and one half miles; thence at right angles, northerly, one and one half a mile; thence at right angles, westerly, parallel with said river, two and one half miles; thence in a straight line to the place of beginning. SEC. 3. The corporate powers and duties of said town shall Trustees. be vested in a Board of Trustees, to consist of five members, who shall be elected by the qualified electors of said town on the first Monday of May in each year, and shall hold their offices. for the term of one year, and until their successors are chosen and qualified. SEC. 4. In addition to the Board of Trustees, the officers of Officers. the town shall consist of a Clerk, Marshal, Treasurer, and Assessor, and no other; and the Trustees shall appoint all of said officers. officers. SEC. 5. The compensation of the Board of Trustees shall be Pay of one dollar per annum, each. The compensation of the Clerk, Marshal, Treasurer, and Assessor, shall be fixed by the Board of Trustees. Trustees. SEC. 6. The Board of Trustees of said town shall not have the power to contract any debt, nor shall any expense be incurred unless there is money in the Treasury to pay the same. SEC. 7. The Board of Trustees shall have power to pass such Powers of ordinances as they may deem necessary to prevent and remove nuisances; to license theatres, menageries, shows, and all exhibitions where money is charged for admission; to prevent and punish breaches of the peace and disorderly conduct; and to alter, keep open, grade, and repair, and lay out streets, alleys, and sidewalks, for the town; and to collect annually a tax on all the property in the town, not exceeding one eighth of one per cent on the assessed value thereof; and to pass all ordinances necessary for the protection of the town against fire. SEC. 8. This Act shall take effect and be in force from and after its passage. CHAP. CCXIII.-An Act authorizing John W. Sharp and his associates to construct and maintain a Toll Road from the eastern bank of the Sacramento River, near Georgiana Slough, to the lower Stockton Road, near Benson's Ferry, in the City and County of Sac ramento. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. John W. Sharp and his associates are hereby authorized to construct and maintain a turnpike road, commencing at the eastern bank of the Sacramento River, at such point as they may determine upon, within two miles above Tyler's Slough, in said City and County of Sacramento, and running thence easterly to the lower Stockton road, at Benson's Ferry, or such other point, northerly, on said road as they may determine upon, not more than three miles from said ferry; and may also erect and maintain any bridge or bridges that may be necessary in crossing any slough or sloughs in constructing and using said road. SEC. 2. The same rights and privileges as are now extended by the laws of this State to plank and turnpike road companies, in relation to taking property for the use of plank or turnpike roads, are hereby extended to the said John W. Sharp and his associates, and the damages to be ascertained and paid in the same manner as provided in the Act of May twelfth, eighteen hundred and fifty-three, authorizing the formation of corporations for the construction of plank or turnpike roads. SEC. 3. The said road shall be a good well raised turnpike road, of sufficient width for the convenient passage of the largest teams; and the bridge or bridges shall be strong, substantial, and not less than sixteen feet in width. The said road and bridge or bridges shall be kept in good condition for travel by the largest and heaviest loaded teams at all seasons of the year, excepting times of extraordinary overflows of the Sacramento and Mokelumne Rivers. SEC. 4. Said road and bridge or bridges shall be completed within eighteen months from the time of the passage of this Act; and in case the same are not so completed within that time, this Act shall be void, and the franchise hereby granted, forfeited. SEC. 5. When the said road and bridge or bridges are com. pleted, the said grantees shall have the right to erect and maintain toll gates on said road, and charge and collect such tolls as the Board of Supervisors of the City and County of Sacramento may annually establish; provided, the rates of toll so established |