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two years and finished within three years after the passage of this Act, then all the rights herein granted shall be deemed forfeited.

SEC. 5. This Act shall be in force from and after its passage.

Terms of
Court.

CHAP. CCCXLII.-An Act fixing the Time for holding the Terms of the District Court in Lake County.

[Approved April 25, 1863.]

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

SECTION 1. The terms of the District Court in and for Lake
County shall be held on the fourth Mondays in March and
November of each year.

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 All Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed.

Franchise.

Boats.

Tolls.

CHAP. CCCXLIII.-An Act to authorize William Kohl and his associates to establish and maintain a Steam Ferry.

[Approved April 25, 1863.]

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

SECTION 1. William Kohl and his associates are hereby authorized to establish, and maintain a steam ferry between San Quentin, in Marin County, and a point on the San Pablo Ranch, in Contra Costa County, or between either of the said points and the City of San Francisco, for the term of twenty years.

SEC. 2. The ferry boats employed by said grantees for the transportation of freight and passengers, shall be well constructed and provided steam ferry boats.

SEC. 3. The rates of toll, freight, and ferriage, which the grantees under this Act shall be entitled to charge and collect, shall be subject to regulation once in two years, by the Board of Supervisors of the County of Contra Costa, and the Board of Supervisors of the County of Marin, alternately, the Supervisors of the County of Contra Costa fixing the rates of toll, freight, and ferriage, for the first two years; provided, that the rates shall not at any time be so reduced as to make the receipts less than eighteen per cent per annum on the actual value of the boats, wharves, and other property, actually used and required for the business of said ferry.

SEC. 4. All the boats, wharves, and other property pertaining to said ferry, shall be taxed in accordance with the laws of this State for the collection of revenue.

SEC. 5. The grantees under this Act may extend their Rights of wharves to such depth of water in the bay as the draft of ves- grantees. sels employed in the commerce of the district may require; provided, that the same shall not interfere or obstruct the navigation of the bay or any of its tributaries, and that not more than two hundred feet on each side of said wharves shall be occupied by said ferry; provided, that the right to build wharves shall extend only to one at Point San Quentin, in Marin County, and one at such point on the bay fronting the San Pablo Ranch, in the County of Contra Costa, as may be best situated for the business; and, provided, further, that the grantee under this Proviso. Act, his associates and assigns, shall be liable for all damages to person and property which may result from the insufficiency of such wharves, or their failure to maintain them in good repair; and, provided, that nothing in this Act shall be construed to authorize the construction or extension of any wharf upon the water front of the City and County of San Francisco; and, provided, further, that said William Kohl, and his associates or assigns, shall, within one year from the passage of this Act, commence the building of the wharf on the bay fronting the San Pablo Ranch, and shall within two years finish the same.

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

CHAP. CCCXLIV.-An Act concerning the City of Los Angeles,
giving to the Mayor and Common Council authority to establish a
Public City Pound, and to prohibit the grazing of certain Domestic
Animals within certain prescribed limits of the said City.

[Approved April 25, 1863.]

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

SECTION 1. The Common Council of Los Angeles City, with Powers of the approval of the Mayor, are hereby authorized to establish Council. by ordinance a public city pound, and by ordinance to designate certain limits within said city, upon the commons, whereupon it shall be unlawful for the following domestic animals, to wit: horses, mules, jacks, jennies, horned cattle, sheep, goats, or hogs, to graze, or to pasture, or to run at large, except it be subject to the provisions of ordinances passed and approved by the Mayor and Common Council of said city.

Transfer of

action.

CHAP. CCCXLV.-An Act to amend an Act entitled an Act to regu late Proceedings in Civil Cases in the Courts of Justice in this State, passed April twenty-ninth, eighteen hundred and fifty-one, and other Acts amendatory thereof.

[Approved April 25, 1863.]

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

SECTION 1. Section five hundred and eighty-two of the above
entitled Act is hereby amended so as to read as follows:
Section 582. If, at any time before the trial, it appear to the
satisfaction of the Justice before whom the action is brought, by
affidavit of either party, that such Justice is a material witness
for either party, or if either party make affidavit that he has rea-
son to believe, and does believe, that he cannot have a fair and
impartial trial before such Justice, by reason of the interest, pre-
judice, or bias of the Justice, the action may be transferred to some
other Justice of the same or neighboring township; and in case a
jury be demanded, and affidavit of either party is made that he
cannot have a fair and impartial trial, on account of the bias or
prejudice of the citizens of the township against him, the action
may be transferred to some other Justice of the Peace in the
county; but only one transfer shall be allowed to either party.
The Justice to whom an action may be transferred by the provi-
sions of this section, shall have and exercise the same jurisdiction
over the action as if it had been originally commenced before
him. The Justice ordering the transfer of the action to another
Justice, shall immediately transmit to the latter, on payment by
the party applying of all the costs that have accrued, all the
papers in the action, together with a certified transcript from his
docket of the proceedings therein. The Justice to whom the
case is transferred shall issue a notice, stating the time and
place when and where the trial will take place, which notice
shall be served upon the parties by any officer authorized to
serve process in a Justice's Court, or by any person specially
deputied by the Justice for that purpose, at least one day before
the trial.

CHAP. CCCXLVI.-An Act to amend an Act entitled an Act to authorize Joseph B. Price and his associates to construct and maintain a Turnpike Road from Cloverdale to Sanel, and to charge and collect Toll for travel thereon, approved April third, Anno Domini eighteen hundred and sixty-two.

[Approved April 25, 1863.]

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

SECTION 1. Section (3) third of said Act is hereby amended so as to read as follows:

Section 3. Said company shall, within ten months from the Conditions. passage of this Act, commence the construction of said road, and within two years build and fully complete the same, otherwise the rights herein granted shall be forfeited, and this Act become null and void.

CHAP. CCCXLVII.—An Act providing for the Government of the
County of Sacramento.

[Approved April 25, 1863.]

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

ARTICLE I.

SECTION 1. All that portion of this State which by law now Board of is or hereafter may be designated as Sacramento County, shall Supervisors be governed by a Board of Supervisors, which Board of Supervisors shall be a body politic and corporate, by the name and style of The Board of Supervisors of the County of Sacramento," and by that name they and their successors shall be known in law, shall have perpetual succession, may make, have, alter, and renew a common seal, different and distinct from that of the County Clerk, may sue, complain, and defend in all Courts, and in all actions and proceedings whatever, may, under the limitations hereinafter provided, purchase and hold real estate and personal property, and receive and hold either or both by legacy or donation for the county, or in trust for the use of Common Schools, or for a Poor House, Alms House, Hospital, or indigent sick; and they may do all such other things, Powers. perform all such other acts, and exercise all such other powers, as by this Act or by any other law are or may be granted them to do, perform, or exercise; but said corporation shall not be sued in any action whatever, nor shall any of its lands, tenements, appurtenances, franchises, taxes, revenues, actions, choses in action, property, or effects, of any kind or nature whatever, be taken in attachment or on execution, or be subject to levy or sale upon any process, either original, mesne, or final; but any citizen of the county who is a tax payer, or any party interested or damaged, or likely to be damaged, by any action or proceeding had, about to be had, or refused to be taken, on the part of the Supervisors, or of any county officer, may proceed by certiorari, mandamus, or injunction, to inquire into the legality of, or to prevent or compel, as the case may require, such action or proceeding, if the same can legally be prevented or compelled. SEC. 2. The lands, tenements, hereditaments, appurtenances, Lands, etc., franchises, moneys, taxes, assessments, liens, revenues, actions, choses in action, rights, claims, property, effects, trusts, books, records, papers, maps, surveys, and documents of every kind, nature, and description, which, on the twenty-fourth day of April, eighteen hundred and fifty-eight, belonged to or were held by the County of Sacramento, or which since that day

vested in

Board.

Supervisor
Districts.

Election.

Meetings of Board.

Per diem.

Proviso.

have arisen or accrued, or been derived or acquired, for county purposes by " The City and County of Sacramento," are hereby transferred to, vested in, made the property of, and declared and determined to belong to The Board of Supervisors of the County of Sacramento.'

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SEC. 3. The county is hereby divided into five Supervisor Districts, to wit:

The First consisting of the First and Second Wards of the City of Sacramento.

The Second consisting of the Third and Fourth Wards of said city.

The Third consisting of American, Brighton, Centre, Cosumnes, Lee, and Sutter Townships.

The Fourth consisting of Granite, Natoma, and Mississippi Townships.

The Fifth consisting of Alabama, Dry Creek, Franklin, Georgiana, and San Joaquin Townships.

The electors of each Supervisor District shall elect one person, who is a resident of the district, as a Supervisor, and the five persons so elected shall constitute the Board of Supervisors, any three of whom shall be a quorum for the transaction of business. The Board of Supervisors shall organize by electing a President, who shall hold during the term of office. The Supervisors elected at the first election held under the provisions of this Act, shall take office on the second Monday next succeeding the election, and shall hold until the first Monday of the month next succeeding the general election in eighteen hundred and sixty-five, and until their successors are elected and qualified; afterwards, (unless elected to fill a vacancy,) the Supervisors elected shall take office on the first Monday of the month next succeeding their election, and hold for two years, and until their successors are elected and qualified.

SEC. 4. The Board of Supervisors shall hold a regular meeting on the first Monday in each month, and may adjourn from day to day, or from time to time, and may hold special meetings upon the call of the President, or of any two members. Each Supervisor shall receive seven dollars per day for each day he actually attends the meetings of the Board, and ten cents for each mile actually travelled in going to and from the county seat; provided, however, that no Supervisor shall receive per diem for more than four days, nor more than five dollars mileage, in any one month; and, provided, further, that no Supervisor shall receive any pay or compensation whatever, other than is provided in this section, excepting when he is sitting as a member of the Board of Equalization, for which he shall receive one mileage and the per diem allowed by this section; provided, further, however, that if the Board of Supervisors and the Board of Equalization are both in session the same day, but one per diem or mileage shall be allowed. Every session of the Board shall be public; all elections or appointments shall be made viva voce; the ayes and noes shall be taken and recorded upon any question pending, upon the demand of one member; and all records of their proceedings, and all the books, papers, and documents belonging to their office, shall be open to public inspection during office hours.

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