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Certain acts declared felony.

Penalties.

CHAP. CCCXXVII.-An Act to prevent the Arming and Equipping, within the jurisdiction of this State, of Vessels for Piratical or Privateering purposes, and other treasonable conduct.

[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. If any person shall, within the limits and jurisdiction of this State, fit out, arm, furnish, provide, or equip, or attempt to fit out, arm, furnish, provide, or equip, or procure to be fitted out, armed, furnished, provided, or equipped, or shall knowingly advise, or aid and abet, or be concerned in the fitting out, arming, furnishing, providing, or equipping, any private ship or vessel of war, or privateer, or vessel, sailing or intended to sail under any letter of marque, with intent that such ship or vessel shall be employed to cruise against or commit hostilities upon the citizens of the United States or their property, or if any person shall take the command of or enter on board any such ship or vessel, with the intent aforesaid, or shall purchase any interest in such ship or vessel, with the view to share the profits thereof, every such person so offending shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the State Prison for not more than twenty years nor less than five years, or shall suffer death; provided, the jury by their verdict shall so determine and direct.

SEC. 2. If any person shall, within the limits and jurisdiction of this State, begin, or set on foot, or provide, or prepare, or furnish the means for, or knowingly aid and abet, or be concerned in beginning, setting on foot, or providing, preparing, or furnishing the means for any military or hostile expedition, to be carried on against the Government of the United States, or the loyal citizens thereof, or their property, every person so offending shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the State Prison not more than twenty years nor less than five years, or shall suffer death; provided, the jury by their verdict shall so deter

mine and direct.

SEC. 3. If any person shall, within the limits and jurisdiction of this State, enlist, or enter himself, or hire, or retain, or attempt to hire or retain another person to enlist himself, or aid, counsel, and advise, or aid and abet in procuring another to enlist himself as a soldier, or as a marine or sailor on board of any vessel, with intent that the person so enlisting shall commit hostilities against the Government or citizens of the United States, or their property, any person so offending shall be deemed guilty of felony, and on conviction thereof, shall be imprisoned in the State Prison not more than twenty years nor less than five years, or shall suffer death; provided, the jury by their verdict shall so determine and direct.

SEC. 4. If any person shall accept, or deliver to another, any commission, or any letter of marque, purporting to emanate from or to be issued under the authority of the so called Government of the Confederate States of America, with the intent

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that the same shall be used as a pretended authority to commit hostilities by land or on sea against the Government of the United States, or the citizens thereof, or their property, every person so offending shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the State Prison for not more than twenty years and not less than Penalties. five years, or shall suffer death; provided, the jury by their verdict shall so determine and direct. The possession within this State of any such commission or letter of marque, shall be deemed prima facie evidence on the trial of such offender of the intent that the same shall be used as aforesaid.

SEC. 5. This Act shall take effect immediately.

CHAP. CCCXXVIII.-An Act to grant the Right to construct a
Toll Bridge across Feather River, near Oroville, in Butte County.
[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. J. M. Clark, J. M. Brock, George K. Hendel, Franchise. George Swift, Daniel Evans, and their associates, shall take, have, possess, and enjoy, all the rights, privileges, right of way, franchises, and immunities, hereinafter mentioned, upon condition that they and their associates shall incorporate themselves under the general laws of the State regulating corporations and providing for the incorporation of bridge companies, and shall adopt the name of "The Oroville Bridge Company," and shall abide by and fulfil the further conditions hereinafter mentioned. SEC. 2. Said company, when incorported as aforesaid, shall Powers. have power and they are hereby authorized to build and maintain a toll bridge across Feather River, at any point selected by said company between Huntoon street (a street in the village of Oroville) and a point opposite of Thompson's Flat, in Butte County, known as Lathrop's Ferry, and they shall have and enjoy all the rights, privileges, and franchises thereof, together with the right of way, which is hereby ceded, for the period of twenty years; provided, that said bridge shall be commenced Proviso. within one year, and completed within two years from the passage of this Act; and, provided, further, that after the lapse of ten years from the completion of such bridge, the said County of Butte may purchase the said bridge by paying therefor the actual value of the same, to be ascertained by five Appraisers: two to be selected by the owners of the bridge, two by the Board of Supervisors of the County of Butte, and one by the four persons thus selected; and, provided, further, that whenever said bridge may be so purchased, the right to collect tolls thereon shall cease.

SEC. 3. Said bridge shall be constructed in a good and sub- Conditions. stantial manner, of the best and most durable materials, and

Tolls.

above high water mark, and said company shall keep the same in good repair.

SEC. 4. Upon the completion of said bridge, said company may charge and collect such rates of toll as may be annually determined by the Board of Supervisors of the County of Butte, under the laws of this State, and may, moreover, regulate the speed of riding or driving upon said bridge, and may prohibit any person to ride or drive upon said bridge at a faster gait than a walk; and for each violation of this rule so established, may recover judgment for nominal damages, besides the actual damage, in any Court of competent jurisdiction in said County Rates of toll. of Butte; provided, that at each end of said bridge, said company shall keep a signboard, on which said regulation, and also the rates of toll, shall be distinctly written, printed, or painted. SEC. 5. This Act shall not be so construed as to prevent the Board of Supervisors of Butte County from granting renewals of license to any ferries now licensed across said river.

SEC. 6. This Act shall take effect and be in force from and after its passage.

Commisgioners.

Duties.

CHAP. CCCXXIX.-An Act supplementary to an Act entitled an Act to alter and define the Boundary Lines of Tehama County, approved April nineteenth, eighteen hundred and fifty-nine.

[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. E. G. Hayden, of Tehama County, and Seneca Ewer, of Butte County, or in case they fail to agree, they shall choose a third person to act with them upon the said Board of Commissioners, or in case they or either of them fail to perform the duties hereinafter required of them, then such other Commissioners as shall be appointed by the Boards of Supervisors of the two counties, respectively, shall proceed to the county seat of Tehama County during the session of the Board of Supervisors of said county, in May, eighteen hundred and sixty-three, then and there to ascertain the amount of indebtedness that was outstanding against the County of Tehama on the nineteenth day of April, eighteen hundred and fifty-nine, and for this purpose they may call to their assistance the Board of Supervisors, or any of the county officers of said county. They shall also, at the same time, and with the same assistance, ascertain the amount of taxable property that was annexed to Butte that formerly belonged to Tehama County, by the Act of the nineteenth of April, eighteen hundred and fifty-nine, and shall make a certificate thereof, and file one copy in the office of the Auditor of Butte County, and one with the Treasurer of Tehama County, setting forth the amount of the indebtedness of Tehama County as aforesaid, as also the amount of taxable property thus set into Butte County, and the proper propor tion of the indebtedness of Butte to Tehama County, in ratio

Upon receipt of

of the taxable property thus ascertained.
the certificate mentioned in this section, the Auditor of Butte
County shall draw his warrant on the General Fund of said
county in favor of the Treasurer of Tehama County for the
amount stated in said certificate.

and

per diem

SEC. 2. The Commissioners named in the first section of this Mileage Act shall be entitled to receive twenty-five cents per mile for travelling to the county seat, and five dollars per day for each day while engaged in the duties herein assigned them, to be paid by the Board of Supervisors of Butte and Tehama Counties; provided, further, that if it shall be found that the indebtedness of Tehama to Butte County, arising under the Act of eighteen hundred and fifty-six, has not been paid, then no such certificate as above shall issue.

SEC. 3. This Act shall be in force from and after its passage.

CHAP. CCCXXX.-An Act to provide for uniting the Offices of County
Clerk and County Auditor in the County of Calaveras.

[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

Clerk.

SECTION 1. At the next general election, and at the general Election of election held every two years thereafter, a County Clerk shall County be elected in and for the County of Calaveras, who shall, as such Clerk, be ex officio County Auditor and County Recorder of said county, and who shall enter upon the discharge of the duties of his office on the first Monday of March next after his election, and shall hold such office for the term of two years and until his successor is elected and qualified.

SEC. 2. Upon the qualification of said County Clerk to per- Duties. form the duties of his office, and at the expiration of the term of the present incumbent of the office of County Auditor of said county, it shall be the duty of said Anditor to deliver to the Clerk, on demand, all papers, books, furniture, and other property belonging to the offices of County Auditor and County Recorder.

SEC. 3. All duties and liabilities heretofore imposed upon the Auditor and Recorder, shall attach to the office of County Clerk; and the Clerk elected under the provisions of this Act shall give such bonds as now by law are required to be given by the County Auditor and Recorder, to be approved in the same manner.

SEC. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Release granted.

Provise.

CHAP. CCCXXXI.—An Act in relation to the Construction of Canals, and reclaiming certain Swamp and Overflowed Lands in Tulare Valley.

[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. W. F. Montgomery, Joseph Montgomery, A. J. Downer, F. W. Sampson, and their associates and assigns, are hereby released and exempted from all obligation on their part to construct and put in operation, for the purposes of navigation, the several canals referred to by the provisions of an Act entitled an Act amendatory of and supplementary to an Act entitled an Act to provide for the construction of canals, and for draining and reclaiming certain Swamp and Overflowed Lands in Tulare Valley, passed April first, eighteen hundred and fifty-seven, and approved April tenth, eighteen hundred and sixty-two; provided, the said grantees shall comply with the conditions of said grant according to the provisions of the Act of April tenth, eighteen hundred and sixty-two, aforesaid, so far as relates to the reclamation of the land described in said Act; and said grantees, for and in consideration of the reclamation of the lands mentioned in said Act, shall be entitled to the same quantity of land and all other rights and privileges as if they had not by this Act been released from all obligation on their part to construct and keep in repair said canals.

SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 3. This Act to take effect and be in force from and after its passage.

Franchise.

Powers.

CHAP. CCCXXXII.-An Act to provide for the Construction of a
Railroad from Wilmington to Los Angeles, in the County of Los
Angeles.

[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The right to lay out, construct, and run a line of railroad, to keep in repair, and use the same, by running thereon cars propelled by steam or other motive power, for the conve nient and profitable use thereof, and by such route as may be deemed most advantageous and convenient between Wilmington and Los Angeles, in the County of Los Angeles, is hereby granted to Manuel Dominguez, his associates and assigns, for the term of twenty-five years; provided, the construction of said road is commenced in two years, and completed in five years from the passage of this Act.

SEC. 2. The party aforesaid, and his associates and assigns, shall have power to procure the right of way over any lands

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