Vagrants. Commitment of. CHAP. DXXV.-An Act to amend an Act entitled an Act to punish Vagrants, Vagabonds, and Dangerous and Suspicious Persons, approved April thirtieth, eighteen hundred and fifty-five. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. All persons (except California Indians) without visible means of living, who have the physical ability to work, and who do not, for the space of ten days, seek employment, nor labor when employment is offered them; all healthy beggars who solicit alms as a business; all persons who roam about from place to place without any lawful business; all idle or dissolute persons, or associates of known thieves, who wander about the streets at late or unusual hours of the night, or who lodge in any barn, shed, shop, outhouse, vessel, or place, other than such is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; all lewd and dissolute persons, who live in and about houses of ill fame; all common prostitutes, and common drunkards, may be committed to jail, and sentenced to hard labor, for such time as the Court before whom they are convicted shall think proper, not exceeding ninety days. SEC. 2. This Act shall take effect thirty days after its passage. Appropriations. CHAP. DXXVI.—An Act making Appropriations for Deficiencies for the Thirteenth Session of the Legislature. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The sum of thirteen thousand dollars is hereby appropriated, out of any money in the General Fund not otherwise appropriated, for the following purposes: The sum of three thousand dollars, for per diem and mileage of Lieutenant-Governor and Senators for the thirteenth session of the Legislature. Three thousand dollars, for contingent expenses of Senate, thirteenth session of Legislature. The sum of four thousand dollars, for per diem and mileage of the Assembly for the thirteenth session of Legislature. And the sum of three thousand dollars for contingent expenses of Assembly, thirteenth session of Legislature. SEC. 2. The sum herein appropriated shall not be subject to any of the provisions of an Act entitled an Act to create a Board of Examiners, &c., approved April twenty-first, eighteen hundred and fifty-eight. SEC. 3. This Act shall take effect from and after its passage. CHAP. DXXVII.-An Act amendatory of an Act providing for an [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. There shall be elected hereafter, for the City and Election. County of San Francisco, by the qualified electors thereof, on the third Tuesday of May, eighteen hundred and sixty-two, and every two years thereafter, one Attorney and Counsellor, learned in the law, who shall hold his office for two years, and until his successor shall have been duly elected and qualified, and shall be paid, by said city and county, a salary of five thousand dollars per annum, to be audited and paid monthly, in the same manner as the salary of the County Judge is by law audited and paid. Said Attorney and Counsellor shall perform such duties as Attorney and Counsellor in and for the said city Duties. and county as the Board of Supervisors of said city and county shall from time to time prescribe. Salary. CHAP. DXXVIII. An Act to amend an Act entitled an Act to regulate Proceedings in Civil Cases in the Courts of Justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, and the several Acts amendatory thereof and supplemental thereto. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and ninety-five of said Act is hereby amended so as to read as follows: wife may be Section 395. A husband may be a witness for or against his Husband or wife, and a wife may be a witness for or against her husband, a witness in and where husband and wife are parties to an action or proceed- certain cases ing, they, or either of them, may be examined as witnesses in their own behalf, or in behalf of each other, or in behalf of any of the parties thereto, the same as any other witness; but this section shall not apply to cases of divorce, neither shall any husband or wife be competent or compellable to disclose any communication made to him or her by the other during marriage. Animals Damages. CHAP. DXXIX.-An Act to amend an Act for the better Protection of Farmers in certain portions of Sacramento County, approved April twenty-fifth, A. D. eighteen hundred and sixty-two. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. If any horse, mule, jack, jennet, hog, sheep, goat, trespassing. or any head of neat cattle, shall trespass upon any cultivated field during the sowing, planting, growing, or harvesting season, and until the crop or crops are removed, or shall trespass upon any garden, or orchard, whether such cultivated field, orchard, or garden is or is not inclosed by a lawful fence, the owner or owners of any such horse, mule, jack, jennet, sheep, hog, goat, or head of neat cattle, shall be liable for all damages sustained by reason of such trespass, the same as if such cultivated field, garden, or orchard, were inclosed by a lawful fence; provided, that this Act shall only apply to that portion of Sacramento County lying south of the American River, on the east bank of the Sacramento River, and extending from the Sacramento River to the lower Stockton road; and, provided, further, that this Act shall not apply to that portion of Sacramento County lying south of the Cosumnes River. Proviso. SEC. 2. This Act shall take effect and be in force from and after its passage. Special tax. CHAP. DXXX.-An Act to authorize the Board of Supervisors of [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Solano County is hereby authorized, at their regular meeting in February, A. D. eighteen hundred and sixty-four, and at their regular meeting in February, A. D. eighteen hundred and sixty-five, to levy an additional tax, not exceeding fifty cents on each one hundred dollars, on all taxable property in said county. Said tax shall be assessed and collected in the same manner as other taxes are assessed and collected, and when collected shall be paid into the Treasury, and placed to the credit of the Road Fund of said county, and shall be subject to the order of the Board of Supervisors. Said funds shall be used for no other purpose than for laying out and improving public roads and building and repairing bridges in Solano County. SEC. 2. This Act shall remain in force until the first day of January, eighteen hundred and sixty-six, and no longer. CHAP. DXXXI.-An Act for the Relief of John Herzo. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The sum of two hundred and fifty-two dollars Approand ninety cents is hereby appropriated, out of any money in priation. the General Fund not otherwise appropriated, and the Controller of State required to draw his warrant for said amount, in payment and upon surrender of a certificate of the State Treasurer, issued July first, A. D. eighteen hundred and sixtyone, Number Forty-Six, in favor of John Herzo or order, being the remaining unredeemed balance of State indebtedness. CHAP. DXXXII.—An Act supplementary to an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, and repealing certain other Acts in relation to said city, passed April twenty-fourth, eighteen hundred and sixty-two. [Approved April 27, 1863.] The People of the State of California, represented in Senate and the city SECTION 1. All fees, costs, and expenses, connected or that Costs and arise from or in prosecution before Justices of the Peace, or in fees within the Mayor's Court, for offences committed within the charter limits. limits of the City of Oakland, and which said prosecutions shall be tried and finally determined within the said city, shall be paid by the city, and all fines imposed and collected in such cases, and all costs and fees collected in such cases, shall be paid into the Treasury of said city. SEC. 2. This Act shall take effect and be in force from and after its passage. Appropriation. CHAP. DXXXIII.-An Act to appropriate Money to pay the Claim of A. E. Sherwood. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The sum of one hundred and thirty-one dollars and forty-one cents is hereby appropriated, out of any money in the General Fund not otherwise appropriated, to pay the claim of A. E. Sherwood, for supplies furnished the expedition against the Indians in the Counties of Tehama, Shasta, Plumas, and Butte, under the command of General Wm. C. Kibbe, in the year eighteen hundred and fifty-nine. SEC. 2. The Controller of State is hereby authorized to draw his warrant on the Treasurer of State for the sum of one hundred and thirty-one dollars and forty-one cents, in favor of A. E. Sherwood, for supplies furnished, and the Treasurer of State is hereby authorized and required to pay the same. SEC. 3. This Act shall take effect from and after its passage. Hogs trespassing. Act made applicable. CHAP. DXXXIV.-An Act concerning Hogs running at large in the [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Any hog or hogs found trespassing upon the premises of any person or persons in the County of Contra Costa may be taken up by the owner or owners of such premises, and safely kept, at the expense of the owner or owners of such hog or hogs so found trespassing, and be subject to all the provisions of the second, third, fourth, fifth, sixth, seventh, eighth, and ninth sections of an Act of March twenty-sixth, eighteen hundred and fifty-seven, concerning hogs found running at large in the Counties of Colusa, Tehama, Butte, Sonoma, and Napa. SEC. 2. All Acts or parts of Acts in conflict with this Act, so far as relates to the County of Contra Costa, are hereby repealed. |