the nineteenth day of April, eighteen hundred and fifty-six, and of an Act amendatory and supplementary thereof, approved the eighteenth day of April, eighteen hundred and fifty-seven, and of an Act amendatory thereof, approved the twenty-eighth day of March, eighteen hundred and fifty-nine, and supplementary to said Acts, is hereby repealed. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAP. CCCCXLVIII.—An Act to amend an Act entitled an Act concerning Roads and Highways in the County of Mendocino, approved May seventeenth, eighteen hundred and sixty-one. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section six of said Act entitled an Aet concerning roads and highways in the County of Mendocino, approved May seventeenth, eighteen hundred and sixty-one, is hereby amended so as to read as follows, to wit: Employés. Section 6. All able bodied men between the ages of twenty- Who to labor one and fifty years, in said county, are hereby made liable to on roads. work the roads in their respective districts, not less than one nor more than two days, at the option of the Board of Supervisors, or may commute by paying to the Overseer one dollar and a half for each day liable to work the road. The Overseer shall have the right to demand of any employer of working men in his district a complete and correct list of the names of the men employed by him, and any such employer refusing or neglecting to give such list, when demanded of him by the Overseer, shall be liable to pay a fine of not less than ten nor more than fifty dollars, to be recovered by action before a Justice of the Peace, in the name of the Overseer. Before proceeding to work the road, the Overseer shall notify the road hands, verbally or in writing, three days or more before the day fixed for working the road. In his notice he shall distinctly state the proper time and place for the road hands to assemble, and may also state the kind of work to be done, and shall require them to bring the tools or implements to be used in working the road. If, on the day appointed to work the road, any Penalty. person having been notified by the Overseer, or by some person for him, shall fail to appear at a reasonable hour in the morning, or appearing, shall fail or refuse to work in a diligent manner, such person shall forfeit and pay the sum of three dollars for every day so failing or refusing to work; such sum to be recovered by action before a Justice of the Peace, in the name of the Overseer. And in suits to recover such amounts, or to recover any fine or forfeit under this Act, the Overseer shall be a competent witness. A reasonable excuse may exempt any road hand from the liability to pay for failing to appear, or work when appearing, but such person shall be required to work the full time herein prescribed. Franchise. State's right relinquished Proviso. Conditions. Rights to revert to State. CHAP. CCCCXLIX.—An Act to authorize Caleb S. Hobbs, and others, to build a Wharf on the New Potrero, in the City and County of San Francisco. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Caleb S. Hobbs, and "The Pacific Glass Works," and their assigns, are hereby authorized to build and maintain a wharf in the City and County of San Francisco, at the foot of Tennessee street, and near the northeastern extremity of the Potrero Nuevo, and to extend the same into the Bay of San Francisco as far as may be necessary, but not exceeding the distance that will give ten feet of water at the termination of said wharf at low tide; provided, that said wharf shall be commenced within six months and completed within eighteen months from and after the passage of this Act; and, provided, further, that said wharf shall not be wider than said Tennessee street. SEC. 2. All the right of the State of California to the overflowed lands for a distance of one hundred and forty feet on each side of said wharf is hereby released for the purposes of said wharf to said Caleb S. Hobbs, and the Pacific Glass Works, and their assigns, for the period of twelve years from and after the passage of this Act; provided, that the space on each side for said distance of an hundred and forty feet shall remain free from obstruction, and be used as public slips for the accommodation and benefit of the general commerce of the city and State; and, provided, further, that nothing herein contained shall interfere with any rights, possessory or otherwise, to the said lands lying within one hundred and forty feet on either side of said wharf. SEC. 3. The said Caleb S. Hobbs, and the Pacific Glass Works, and their successors and assigns, shall, as provided in section one of this Act, construct a wharf of sufficient dimensions to accommodate the commerce and trade of the neighborhood, and shall, from time to time, as the business may require, enlarge the same, and keep the same in good repair. They may collect only such wharfage and toll as may be directed by the Board of Supervisors of said city and county. SEC. 4. Nothing in this Act shall be construed to authorize any obstruction of the navigation of the Bay of San Francisco, or of Mission Creek, or the use of the franchise hereby granted for any other purposes than those herein named. SEC. 5. From and after the expiration of the twelve years herein named, said rights herein mentioned are granted to and shall vest and remain in the State of California. SEC. 6. No rights granted by this Act shall interfere with any general wharf system, or city front improvement system, that may hereafter be established in pursuance of law. wharf. SEC. 7. If, at any time, the Board of Supervisors of the City State may and County of San Francisco, or the government of said city purchase and county, or the authorized Agents for the control of any general wharf system, or city front improvement system, shall desire to purchase said wharf, they shall have power to do so by giving the owners of said wharf sixty days previous notice, and paying for said wharf such sum as may be fixed by three Commissioners, one to be appointed by such Board, one by the owner of said wharf, and one chosen by the two Commissioners thus selected, with ten per cent to be added to the value thus fixed. SEC. 8. This Act shall take effect immediately from and after its passage, and any failure to fulfil its requirements shall subject the grantees herein to forfeiture of the franchise, and of all rights and privileges acquired under and by virtue of this Act. CHAP. CCCCL.-An Act concerning Teachers of Common Schools in this State. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. No certificate of qualification shall be granted by Oath the State Board of Examination, or by any County Board of Examination, to any Teacher, or person proposing to become such, unless such Teacher or person shall have first taken and subscribed the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be,) that I will faithfully support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, that I will bear true faith, allegiance, and loyalty to the said Constitution and Government, and that I will, to the extent of my ability, teach those under my charge to love, reverence, and uphold the same, any law or ordinance of any State Convention or Legislature, or any rule or obligation of any society or association, or any decree or order from any source whatsoever, to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and I do further swear (or affirm, as the case may be,) that I will support the Constitution of the State of California." oath. SEC. 2. The oath or affirmation prescribed in the first section who to of this Act, may be administered by the State Superintendent administer of Public Instruction, or by the County Superindendent of Public Schools of the county where the Teacher or person taking the oath or affirmation proposes to teach, or by any officer authorized to administer oaths, and the certificate thereof shall be filed in the office of the Recorder of said county; and no warrant for the compensation of any Teacher shall be drawn on or paid from the School Fund in the Treasury of any county, unless the certificate of the oath or affirmation of such Teacher has been filed with the Recorder of such county, as required by this Act. SEC. 3. Any officer whose duty it is to draw warrants for the salary of Teachers, or any Treasurer whose duty it is to pay such warrants, who shall either draw or pay any warrants for the salary of any Teacher, before the oath provided for in section one of this Act is filed with the Recorder, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the County Jail for a period of not less than thirty days nor more than sixty days. SEC. 4. This Act shall take effect from and after its passage. Appropriations. CHAP. CCCCLI.-An Act making Appropriations for Deficiencies in the Appropriations made for the Fourteenth Fiscal Year, ending on the thirtieth day of June, eighteen hundred and sixty-three. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The following sums of money are hereby appropriated, out of any money in the General Fund not otherwise appropriated, for the objects herein named, to wit: For postage and expressage in Controller of State's office, ten hundred dollars. For Salary of Clerk for War Board, one hundred dollars. For salary of Clerks in Adjutant-General's office, eighteen hundred dollars. For inspecting troops, arms, and expressage on official documents, three hundred and fifty dollars. For salary of Porter in the office of Adjutant-General, one hundred and forty-four dollars. For cleaning and cartage of arms in office of Adjutant-General, three hundred and fifty dollars. For transportation of arms to and from companies, by Adjutant-General, six hundred and thirty-six dollars. For postage in the office of the Adjutant-General, three hundred dollars. For carpet, pigeon-holes, and desk, in the office of AdjutantGeneral, one hundred and sixty-two dollars. For postage in Adjutant-General's office during the thirteenth fiscal year, twenty-four dollars. For gas, coal, furniture, labor, etc., furnished the State and State officers by the Secretary of State, nine hundred and ninetyeight dollars. For rent of State Library rooms, two hundred dollars. For contingent expenses of State Library, one hundred dol lars. For stamps, stationery, repairs, box rent, express envelops, etc., for Supreme Court, two hundred and eight dollars. For postage and expressage in Superintendent of Public In- Approstruction's office, two hundred dollars. For postage and contingent expenses in State Treasurer's office, two hundred dollars. For posting and cancelling coupons in State Treasurer's office, three hundred dollars. For sundries furnished Supreme Court rooms, by Kelly, Mott & Co., from October thirteenth, eighteen hundred and sixty-one, to January eighteenth, eighteen hundred and sixty-two, eightyseven dollars. For State printing in office of State Printer, ten thousand dollars. For the State Reform School, two thousand dollars. For transportation of prisoners to the State Prison, twentyfive thousand dollars. For salary of Expert to the Board of Examiners, six hundred dollars. For postage and expressage in Surveyor-General's office, two hundred and fifty dollars. For seal for Surveyor-General, thirty dollars. For copying United States Township Maps for County Surveyors and State Locating Agents, two hundred and fifty dollars. For postage and expressage in State Land Office, three hun dred dollars. For Porter in Surveyor-General's office, one hundred and fifty dollars. For Porter in State Land Office, one hundred and fifty dollars. For incidental expenses of Supreme Court, two hundred and eight dollars. For the purchase of the twenty-first volume of the Supreme Court Reports, two thousand dollars; provided, three hundred copies be furnished the State before the first day of July, A. D. eighteen hundred and sixty-three. For printing, paper, repairing of dies, and Stamp Clerks, for carrying out the provisions of the Stamp Law, three thousand dollars. For salary of Messrs. Daly, Marsh, Witbeck, Kimball, Cummings, and Smith, for one month and ten days, each, at one hundred and fifty dollars per month, twelve hundred dollars. For stationery, lights, fuel, etc., for the use of the State, to be distributed by the Secretary of State, two thousand dollars. The sum of twenty-seven thousand two hundred and thirty dollars and seventy-eight cents, to provide for the deficiency in expenditures of the State Insane Asylum. The sum of one thousand eight hundred and ninety-one dollars and ninety cents, for interest money paid by Trustees of the Deaf, Dumb, and Blind Institution on money hired to meet the current expenses for said Institution for the year eighteen hundred and sixty-two. SEC. 2. This Act to take effect from and after its passage. priations. |