CHAP. CCCCXXIII.-An Act to authorize the Oakland and San cisco. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Oakland and San Antonio Steam Navigation Franchise. Company are hereby authorized to construct and maintain a wharf and ferry landing, commencing at a point on the easterly line of East street, seventy feet from the southerly line of Market street; thence running southerly, along the easterly line of East street, sixty feet, extending into the Bay of San Francisco three hundred and sixty feet, at right angles to the line of East street, and to be not more than twenty feet wide at the extreme end extending into the bay, diminishing regularly in width on both sides from East street to the outer end of said wharf; and to drive a row of three or more piles, commencing at a point on the easterly line of East street, not to exceed forty feet southerly from the most southerly portion of said wharf, on the line of East street, extending out into the bay, at right angles to East street, two hundred and fifty feet; provided, that at the expiration of twelve years the franchise hereby granted shall terminate, and the structures and appurtenances belonging thereto shall revert to and vest in the State of California. SEC. 2. The Oakland and San Antonio Steam Navigation Monthly Company shall pay to the Treasurer of the City and County rents. of San Francisco, as other wharf rents are paid, such monthly rent for the franchise hereby granted as the Board of Supervisors of the City and County of San Francisco shall from time to time determine, not to exceed the sum of one hundred dollars per month for the first five years from the time of commencing to use said wharf and landing place; provided, that Proviso. from and after the organization of any Board of Commissioners hereafter constituted by law, for the control and management of the water front and wharves of the City and County of San Francisco, the monthly rental provided for in this section shall be payable to the said Commissioners, in lieu of the Treasurer of said city and county. SEC. 3. No tolls shall be exacted for the transit of freight of any kind, or for passengers, over said wharf, to and from the ferry boats of said company. SEC. 4. Nothing in this Act shall be construed to authorize Conditions. any obstructions of the navigation of the Bay of San Francisco, or the use of the franchise hereby granted for any other purpose than those herein named. SEC. 5. No rights granted by this Act shall interfere with any general wharf system, or city front improvement system, that may hereafter be adopted, but shall be in subordination to such general system and to the controlling power thereof. SEC. 6. If, at any time, the Board of Supervisors of the City City and purchase. and County of San Francisco, or the government, or other Agents county may of any general wharf system, or city improvement system, shall desire to purchase said wharf, they shall have the power to do so by giving the owners of said wharf sixty days notice, and paying for said wharf, exclusive of the franchise, such sum as may be fixed by three Commissioners, one to be appointed by said Board, one by the owners of said wharf, and one to be chosen by the two Commissioners thus selected. SEC. 7. The said wharf shall be commenced within six months and finished within one year from and after the passage of this Act, otherwise the franchise hereby granted shall be null and void. SEC. 8. This Act shall take effect and be in force from and after its passage. Franchise. Rights of company. CHAP. CCCCXXIV.-An Act to grant the right to construct a Wooden or Iron Railroad from the Slate Range Mountains, in the County of San Bernardino, to Kern River, in the County of Tulare. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for James Hitchens, J. S. Clapp, Peter Dean, Joseph W. Sumner, Harvey S. Brown, Enoch M. Hidden, O. W. Childs, William H. Clarke, Joseph Caldwell, F. D. Kohler, J. W. Freeman, their associates and assigns, to construct a single or double track wooden or iron railroad, and keep in repair and use the same, by running thereon cars propelled by steam or other motive power, for the convenient and profitable use thereof, and by suck route as may be deemed most advantageous and convenient, between the Slate Range Mountains, in the County of San Bernardino, and Kern River, via Walker's Pass, in the County of Tulare; and they shall have the right to levy and collect passage and freight on said cars for the period of twenty-five years. SEC. 2. The said parties, and their assigns, shall have the right of way over and along the route of said road, and after the survey and location thereof, no other railroad shall be constructed within two miles on either side thereof, unless authorized by a special Act of the Legislature; and they shall have all the right to enter upon and occupy private lands necessary to the location of said road, and to take and use any timber, rock, earth, or other material necessary to the construction thereof, within fifteen miles on either side or end thereof; provided, that the use and occupation of any private lands along the route of said road shall be acquired as provided in the general law for the incorporation of railroad companies. SEC. 3. Said parties shall have the right to construct said road parallel with and as near as practicable to any public or county road, or any incorporated wagon road, along the route thereof; provided, that said railroad, where it may run parallel with or across any public or county road, shall be so constructed as not to obstruct travel thereon. SEC. 4. Said parties shall have the right to the use of all Same. springs of water on the line of the proposed road, and at the terminus thereof, on Kern River, shall be entitled to the privilege of the use of the water thereof for the working of machinery for mining purposes, within the space of two miles on either side thereof. SEC. 5. Said grantees, their associates and assigns, shall have the right to continue said road to such point in Tulare Valley as they may select, at any time within three years from the passage of this Act, and all the rights and privileges herein granted shall attach to such further addition of the aforesaid road. SEC. 6. This Act shall take effect and be in force from and after its passage. CHAP. CCCCXXV.-An Act concerning Estrays in certain counties in this State. [Approved April 27, 1863.] The People of the State of California, represented in Senate and taking up. SECTION 1. Any person finding an estray horse, mare, mule, Notice of jack, jenny, or any estray cattle, sheep, hogs, or goats, or any number of them, upon his farm, or other inclosed premises, may post notices containing a description of the place of the finding such estrays, with all visible marks and brands upon them, as follows: one notice upon the school-house door of the School District wherein the estrays are found, and upon the door of the nearest Post Office, and file another with the Recorder of the county where the estrays are found; and in case the mark or brand of the owner or owners of the estrays is recorded in the office where the notice is filed, then the Recorder shall, Duty of within three days after the filing of the notice, deposit a copy thereof in the Post Office, with the postage paid thereon, addressed to the owner or owners of the stock, or, if owned by a company, to the President or Managing Agent of such company, at his or their place of residence. The fee of the Recorder shall be twenty-five cents for filing the notice, and fifty cents for serving a copy thereof, as required by this section. Recorder. SEC. 2. If the owner of the animals posted by virtue of this Damages, etc Act, fails to appear within twenty days thereafter, and prove his property, and pay damages to the taker up, as follows: for sheep, ten cents each, for hogs and goats, fifty cents each, and for all other stock, one dollar each, also, the fees of the Recorder, then the finder of such estray may give notice to some Constable of the county of the posting of such estray. SEC. 3. The Constable notified shall immediately proceed to Sale of estrays. Yees. Surplus. Applicable to certain counties. sell such estray at public sale, in conformity with the law concerning sales on execution, except the notice of the sale of horses, mares, jacks, mules, and jennies, shall not be less than twenty days; provided, the owners of estrays may, at any time before sale, retake them by paying the aforesaid damages and such costs as may accrue to the officer. SEC. 4. The Constable making such sale shall be entitled to the same fees as are provided by law for sales on execution. SEC. 5. The Constable making such sales shall pay the surplus in his hands, if any remain after payment of costs and damages as above prescribed, to the owner, if he demand the same within three months after sale, and if not, then he shall pay such surplus to the County Treasurer, and it shall become a part of the School Fund. SEC. 6. No sale made by virtue of this Act shall be valid unless the provisions of section one, in regard to notices, be fully complied with. SEC. 7. Stock mentioned in this Act, escaping from the lands of the owners or keepers into an adjoining farm or inclosure, shall not be considered estrays under the provisions of this Act. SEC. 8. In case above ten estrays belonging to one man are posted at one time, then the damages for all above that number shall be one half of that specified in section two of this Act. SEC. 9. This Act shall apply only to the Counties of Napa, San Mateo, Klamath, Del Norte, Marin, Humboldt, Mendocino, Lake, Alameda, Calaveras, Sutter, Siskiyou, and Contra Costa. It shall also apply to the Counties of Yolo, Solano, Butte, and San Joaquin, except so much thereof as relates to hogs. SEC. 10. All Acts and parts of Acts in conflict with the provisions of this Act, so far as they apply to counties therein named, are hereby repealed. ecutors or Adminis. trators. CHAP. CCCCXXVI.—An Act to amend an Act entitled an Act to regulate the Settlement of the Estates of Deceased Persons, passed May first, eighteen hundred and fifty-one, and the Act of May twentieth, eighteen hundred and sixty-one, amendatory thereof. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and eighty-six of said Act, as amended by the Act of May twentieth, eighteen hundred and sixty-one, is hereby amended so as to read as follows: Sales by Ex- SEC. 186. When any sale is made by an Executor, or Administrator, pursuant to the provisions of this Chapter, of land subject to any mortgage, or other lien, which is a valid claim against the estate of the deceased, the purchase money shall be applied, after paying the necessary expenses of the sale, first to the payment and satisfaction of the mortgage or lien, and the residue in course of administration; such application of the purchase money to the satisfaction of the mortgage or lien, shall be made without delay, and the land shall remain subject to such mortgage or lien until the purchase money shall have been actually so applied; provided, however, that when it shall be shown to be Satisfaction necessary, the Court may direct that sufficient of such purchase of liens, etc. money may be retained to meet such portion of the family allowance and charges and expenses of administration as may properly be required from the holder of such claim; such reservation of a portion of the purchase money shall not prevent the discharge of the mortgage or lien; and no lien against any estate shall be affected by the Statute of Limitations, pending the proceedings for the settlement of such estate; and, provided, fur- Proviso. ther, that said purchase money, or so much thereof as may be sufficient to pay such lien or liens, with interest, and any lawful costs and charges thereon, may be paid into the Probate Court, to be received by the Clerk thereof, whereupon the lien or liens upon the land shall cease, and the purchase money shall be paid over by the Clerk of the Court without delay, in payment of the expenses of the sale and in satisfaction of the debt or debts upon which such mortgage, or other lien or liens, was or were given, and the balance shall thereupon at once be returned to the Executor or Administrator, unless for good cause shown, after notice to the Executor or Administrator, the Court shall otherwise direct. CHAP. CCCCXXVII.-An Act concerning Official Fees in the [Approved April 27, 1863.] The People of the State of California, represented in Senate and Clerk. SECTION 1. Such annual salaries are allowed as in this section County provided, to the officers in this section named, in the County of Tehama, for all services rendered in the discharge of the duties now or that may hereafter be imposed on them by law, and such salaries shall be in full for all services rendered by them, respectively, chargeable to said county, to wit: County Clerk, including all services, ex-officio and otherwise, as Clerk of the District Court, County Court, Probate Court, Board of Supervisors, Canvassers, and Equalization, Auditor, Recorder, and in all other capacities, one thousand five hundred dollars. Sheriff, including services, ex-officio and otherwise, as Jailor, Sheriff. and in all capacities, one thousand dollars. District Attorney, District twelve hundred dollars, and also ten per cent, as now provided by Attorney. law, on forfeited recognizances. This section shall not apply to civil suits, except so far as the county may be chargeable with. any costs or expenses, nor to criminal actions wherein all costs and expenses have been actually collected from the plaintiff or defendant. SEC. 2. The provisions of an Act to regulate fees in office in certain counties in this State, passed April twenty-eighth, |