SEC. 11. This Act shall take effect and be in force from and after its passage. This bill having remained with the Governor ten days (Sundays excepted), and the Senate and Assembly being in session, it has become a law this eleventh day of March, A. D. eighteen hundred and sixty-eight. H. L. NICHOLS, Secretary of State. CHAPTER CLIX. An Act to authorize Titus Hale, Austin Walrath, William Mc Call and Richard P. Tenney, their associates and assigns, to construct a railroad from the City of Monterey to the Rancho Natividad, and to construct a wharf at the City of Monterey. [Became a law by operation of the Constitution, March 11, 1868.] The People of the State of California, represented in Senate and SECTION 1. There is hereby granted to Titus Hale, Austin Franchise Walrath, William McCall and Richard P. Tenney, their asso- granted. ciates and assigns, the right to lay out, construct, maintain and use a railroad from such point on the Bay of Monterey where the water is four fathoms deep at low tide, in the City of Monterey, in the County of Monterey, as may be selected by them, to the Rancho Natividad, in said County of Monterey, with the privilege of erecting and maintaining a railroad and toll bridge across the Salinas River by such route as they may deem most practicable and advantageous; and to construct, maintain and use a wharf at the terminus of said railroad, in the Bay of Monterey, and charge wharfage for the use thereof; and to charge and collect such tolls for crossing such bridge which they may erect over the Salinas River as may be fixed, every five years after the completion of such bridge, by the Board of Supervisors of said county; said railroad to be constructed with either a single or double wooden or iron track, and to be used for carrying both passengers and freight; and no other railroad shall, within twenty years from the passage of this Act, be constructed within one mile, on each side thereof, from the point where the same shall strike the Salinas River to said Rancho Natividad, unless authorized by a special Act of the Legislature of the State of California. SEC. 2. For the purpose named in section one of this Act, Rights and the said Titus Hale, Austin Walrath, William McCall and Rich- privileges. ard P. Tenney, their associates and assigns, are hereby granted all the rights and privileges granted to, or conferred upon, railroad companies by the first ten subdivisions of section number seventeen, and by sections number eighteen, nineteen, twenty, twenty-two, twenty-three, twenty-four, twenty-five, twentysix, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirtyseven, thirty-eight, thirty-nine, forty, forty-one, forty-two, Unless con ditions are complied with, grant to be annulled. Charge for tion. forty-three, forty-five, forty-six, forty-eight, forty-nine, fifty, fifty-two and fifty-three of an Act of the Legislature of the State of California, entitled an Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixty-one, and as amended since the approval of the same, by said Legislature, and as now in force; and all the provisions of said sections of said Act, as the same are now in force, shall be and are hereby made applicable to the said railroad and the rights, privileges and franchises herein conferred upon the above named parties; provided, however, that the rights and privileges hereby granted shall cease and be determined unless the said grantees, their associates and assigns, shall, within one year after the passage of this Act, expend twenty-five thousand dollars ($25,000) in the construction of the wharf and road, beginning at the City of Monterey, and that they shall complete said road from the City of Monterey to the Salinas River within three years after the passage of this Act. SEC. 3. The construction of the said railroad shall be commenced within one year from the passage of this Act, and it shall be completed within six years from the passage of this Act. SEC. 4. It shall be unlawful for said grantees, their associates transporta- or assigns, to charge more than ten cents per mile for each passenger, and fifteen cents per mile for each ton of freight transported on its road; and for every transgression of such limitation the company shall be liable to the party suffering thereby treble the entire amount of fare or freights so charged to such party; provided, that in no case shall the company be required to receive less than twenty-five cents for any one lot of freight for any distance. SEC. 5. This Act shall take effect from and after its passage. This bill having remained with the Governor ten days (Sundays excepted), and the Senate and Assembly being in session, it has become a law this eleventh day of March, A. D. eighteen hundred and sixty-eight. H. L. NICHOLS, Franchise. CHAPTER CLX. An Act amendatory of an Act entitled an Act to authorize John Lawley and his associates to construct a turnpike road in Napa and Lake Counties, approved March seventeenth, eighteen hundred and sixty-six. [Became a law by operation of the Constitution, March 11, 1868.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. John Lawley and his associates are hereby authorized to construct and maintain a turnpike road from Edward Every's residence, in the County of Napa, through St. Helena Cañon and over the St. Helena range of mountains, to a point in Loconoma Valley, where the road leading from Calistoga to Lower Lake intersects the road leading from Calistoga to Lakeport via Cobb Valley. SEC. 2. This Act shall take effect immediately. This bill having remained with the Governor ten days (Sundays excepted), and the Senate and Assembly being in session, it has become a law this eleventh day of March, A. D. eighteen hundred and sixty-eight. H. L. NICHOLS, Secretary of State. CHAPTER CLXI. An Act to amend an Act entitled an Act to provide for the election of Township Assessors in the County of Alameda, approved March twenty-eighth, eighteen hundred and sixty-four. [Approved March 12, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section five of said Act is hereby amended so as to read as follows: tion of Assessors. Section 5. The Assessors of the several townships shall re- Compensaceive the following compensation per annum, and none other, Township for all the duties performed by them under this Act, viz: The Assessor of the Township of Oakland, the sum of five hundred and fifty dollars. The Assessor of the Township of Brooklyn, the sum of three hundred dollars. The Assessor of the Township of Alameda, the sum of two hundred dollars. The Assessor of the Township of Eden, the sum of three hundred dollars. The Assessor of the Township of Washington, the sum of three hundred and fifty dollars. The Assessor of the Township of Murray, the sum of two hundred dollars. And in addition to such annual compensation, each Assessor shall receive the sum of five dollars for each day's actual attendance upon the Board of Equalization, the number of days actual attendance to be determined by the Board of Supervisors. SEC. 2. This Act shall take effect immediately. Not to pay claims which accrued CHAPTER CLXII. An Act to provide for the payment of the debt of Lassen County. [Approved March 12, 1868.] The People of the State of California, represented in Senate and SECTION 1. From and after the first day of July, one thousand eight hundred and sixty-eight, it shall not be lawful for the prior to 1868. County Treasurer of Lassen County to pay any warrant or claims of any kind whatsoever against said county that have accrued prior to said first day of July, one thousand eight hundred and sixty-eight, except in the manner hereinafter provided. Levy special tax. Redemption Proposals for of warrants. SEC. 2. The Board of Supervisors of said county shall, from and after the first day of February, Anno Domini eighteen hundred and sixty-eight, levy a special tax annually, in addition to other taxes provided for by law, of not more than eighty cents on each one hundred dollars of all taxable property in said county. Said tax shall be levied, assessed and collected at the same time and in the same manner as other taxes are levied, assessed and collected in said county. SEC. 3. The tax provided for in the preceding section shall be set aside and kept as a special fund, to be called the "Redemption Fund," and shall be held and disbursed as hereinafter provided. SEC. 4. Whenever at any time there shall be in the Redempredemption tion Fund created by this Act a sum of money amounting to five hundred dollars or more, it shall be the duty of the County Treasurer to give fifteen days notice, by publication in some newspaper published at the county seat, that sealed proposals directed to him will be received for the surrender of county warrants issued prior to the first day of July, Anno Domini eighteen hundred and sixty-eight, or claims that accrued prior to that time, and that said proposals will be received by him up to the next regular meeting of the Board of Supervisors thereafter. Redemption SEC. 5. On the first day of such regular meeting of said. Board of Supervisors, they, with the County Auditor and Treasurer, shall attend at the office of the latter, and then and there open all proposals and accept the lowest bid for the surrender of the county warrants or claims of the character herein before specified; provided, that no bid for more than par value shall be accepted, nor any bid unless accompanied by the warrants or claims proposed to be surrendered. SEC. 6. When any bids are accepted, the County Auditor of warrants. and the Treasurer shall each take a description of the number and amount of warrants or claims to be redeemed, specifying the amount to be paid for each warrant or claim, and make a record thereof in their respective offices; and thereupon the Board of Supervisors shall make an order directing the County Treasurer to purchase the warrants or claims designated in the accepted bids, and pay the same out of the Redemption Fund; and the warrants and claims so redeemed shall be cancelled as other redeemed county warrants, except that the County Treasurer shall write on the face of said warrants or claims the word "Purchased," and the amount paid for the same. The order of the Board of Supervisors directing the County Treasurer to purchase said warrants or claims, together with the record made by the County Auditor, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids and amount of warrants being equal, taking into consideration the principal and interest, each shall be accepted pro rata, or as nearly so as possible; the bids being equal, preference shall be given to the smallest amount. The County Treasurer shall return all unaccepted bids, together with the warrants or claims therein contained, to the owners on demand. SEC. 7. The County Treasurer shall keep a separate account, Account. under the heading of Redemption Fund," and of all moneys paid out of said fund, when and to whom paid. SEC. 8. Whenever there shall be sufficient moneys in said Redemption Fund to pay off all the outstanding warrants issued prior to said first day of July, Anno Domini eighteen hundred and sixty-eight, and the interest on the same, it shall be the duty of the County Treasurer to advertise for the space of fif- Advertise. teen days, in a newspaper published at the county seat of said county, to that effect; and after such publication such warrants shall cease to draw any interest whatever. SEC. 9. This Act shall take effect and be in force from and after its passage. CHAPTER CLXIII. An Act concerning the Insane Convicts at the State Prison. [Approved March 12, 1868.] The People of the State of California, represented in Senate and when insane to be sent to SECTION 1. Whenever the Physician, Warden and Captain Convicts of the Yard, of the State Prison, after an examination, are of opinion that any convict is insane, it shall be their duty to cer- Asylum. tify under oath that the charge be correct; and it shall be their duty to send a certificate to that effect to the Governor of the State; and the Governor is hereby authorized, at his own discretion, to order the removal of said convict to the Insane Asylum at Stockton; provided, that so soon as the authorities in said Insane Asylum shall ascertain that such person is not insane, they shall immediately notify the Warden of the State Prison of that fact, and thereupon the Warden shall cause said prisoner to be at once returned to the State Prison; provided, his term of imprisonment shall not have already expired. All Acts and parts of Acts, so far as the same conflict with the provisions of this Act, are hereby repealed. SEC. 2. This Act shall take effect immediately. |