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Fees to be
paid into
General
Fund.

by law to be performed by him; but said Treasurer shall collect all other fees, moneys and percentages which by law now are or hereafter may be allowed to be collected or received by County Treasurers, and shall pay the same into the General Fund, for the use and benefit of said county; which said payments into said General Fund shall be made quarterly, and before receiving said quarterly payments of his said salary; and Statement. he shall, at the same time, file with the Auditor of said county a statement under oath, of the items, and amount of the same. SEC. 2. This Act shall take effect and be in force from and after the first Monday of March, A. D. eighteen hundred and seventy.

Grant of land.

CHAPTER CCX.

An Act granting to the City of Monterey the title to the water front of said city in the Bay of Monterey.

[Approved March 21, 1868.]

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

SECTION 1. The State of California does hereby cede, grant and relinquish forever, unto the municipal corporation called the City of Monterey, all the right, title, interest and estate whatsoever of the said State of California, of, in and to, all the real estate, lands and property situate within the corporate limits of said corporation, and bounded and described as follows, to wit: Description. Commencing at a point where the line of the corporation limits of said city strikes the Bay of Monterey on the north, and running along the entire water front thereof in a southerly and westerly direction to the point where the southern or western boundary of said city strikes the said bay, comprising the entire water front of said city, out to a depth of twenty feet at low tide water; provided, that the rights of all persons, if any existing, under any title derived from said State of California, in and to any part of said property and premises hereby ceded and granted, be and the same are hereby reserved from the operation of this Act.

Proviso.

Not subject to execution.

SEC. 2. The entire water front hereby granted shall be held by the Trustees of the City of Monterey and their lawful successors forever, for the use and benefit of said city, and shall not be subject to execution upon any judgment against said city, but may be from time to time let or leased for a term not to exceed ten years, by the Trustees thereof, or their lawful successors, in such manner and upon such terms as may by them be deemed most advantageous to said city.

SEC. 3. This Act shall take effect from and after its passage.

CHAPTER CCXI.

An Act to amend section eleven of an Act entitled an Act to provide for a system of common schools.

[Approved March 21, 1868.]

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

SECTION 1. Section eleven of the above mentioned Act is hereby amended so as to read as follows:

State Con

Section 11. The State Controller shall keep a separate and Duties of distinct account of the School Fund and of the interest and troller. income thereof, together with such moneys as may be raised by special State tax, State poll tax or otherwise, for school purposes. He shall, on or before the first day of February and on the first day of August of each year, report to the Superintendent of Public Instruction a statement of the securities belonging to the School Fund, of the moneys in the Treasury subject to apportionment and the several sources from which they accrued, which reports shall be included in the biennial report of the State Superintendent. He shall draw his warrant on the State Treasurer in favor of any County Treasurer, whenever such County Treasurer shall present the order drawn by the Superintendent of Public Instruction in favor of such county, duly indorsed by said County Treasurer.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAPTER CCXII.

An Act to legalize acknowledgments of deeds of husband and wife taken before and certified by County Clerks.

[Approved March 21, 1868.]

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

edgments

1862.

SECTION 1. All acknowledgments of deeds and other instru- Acknowlments of writing whereby the real estate of any married woman taken prior is conveyed, or may be affected, in which the husband shall have to May 15, joined, as provided by law, and such acknowledgments of such married women taken before County Clerks and by them cerfied in the usual legal form, prior to the fifteenth day of May, one thousand eight hundred and sixty-two, shall have the same force and effect, and the records thereof and of the deeds and instruments so acknowledged, if they shall have been admitted to record, shall impart notice to the same extent, as though such acknowledgment had been taken before and certified by an officer authorized by law to take and certify such acknowledg

ments; provided such acknowledgments are in other respects made in conformity with law.

SEC. 2. This Act shall take effect and be in force from and after its passage.

Space in

CHAPTER CCXIII.

An Act concerning railroad companies in the City and County of San

Francisco.

[Approved March 21, 1868.]

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

SECTION 1. The Board of Supervisors of the City and County streets lim- of San Francisco shall have, and is hereby granted, the power

ited.

and authority to restrict all railroad companies, in laying down their tracks along the streets of said city and county, to a space of not more than ten feet on each side of the centre of such street or streets; and for a violation of such restriction the said Board is hereby granted the power to prescribe and enforce such penalties as they may deem just and proper.

SEC. 2. This Act shall take effect from and after its passage.

Three Trus

corporate.

CHAPTER CCXIV.

An Act to provide for the incorporation of such institutions of learning, science and art, as may be established by the State.

[Approved March 21, 1868.]

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

SECTION 1. Whenever the Legislature shall provide by enacttees may in- ment for the creation of any State University, College, Academy, or other State institution of learning, science or art, and shall, in and by such enactment, direct and provide for the creation of a corporation for such purpose, any three of the persons named or indicated in and by such enactment as Trustees or Directors of such corporation may unite in a certificate to the effect that they have associated themselves together for the purposes mentioned in and by such enactment, and to form a corporation for such purposes by the name and style designated in and by such enactment. The execution of such certificate shall be acknowledged before, and certified by, the Secretary of State or any Notary Public, and said certificate thereupon filed in the office of the Secretary of State; and thereupon the persons named therein, their associates and successors, shall become a

corporation under the name and style designated in and by such

enactment.

SEC. 2. Every such corporation, as such, shall have power: First-To have succession by its corporate name for the period Powers of limited; and where no period is limited, perpetually.

Second-To sue and be sued in any Court.

Third-To make and use a common seal, and alter the same at pleasure.

Fourth-To hold, purchase and convey such real and personal estate as the purposes of the corporation shall require, not exceeding the amount limited by law.

Fifth-To make by-laws, not inconsistent with any existing law, for the management of its property and the regulation of

its affairs.

corporation.

ited.

SEC. 3. In addition to the powers enumerated in the preced- Powers liming section, no such corporation shall possess or exercise any corporate powers except such as shall be necessary to the exercise of the powers so enumerated and given, and such further powers as may be enumerated and given in and by the enactment providing for the creation of the institution so incorporated; and any and all provisions of such enactment specially limiting the powers of such corporation shall be binding upon the same.

SEC. 4. This Act shall take effect from and after its passage.

CHAPTER CCXV.

An Act to authorize the Board of Supervisors of Sacramento County pay Robert H. Anderson and Matt. Burris their expenses in attending a criminal case as witnesses, in Sacramento County.

to

[Approved March 21, 1868.]

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

SECTION 1. The Board of Supervisors of Sacramento County Authorized. are authorized to audit and allow Robert H. Anderson and Matt. Burris, witnesses in the case of The People vs. Dan. Woodman, tried and convicted for grand larceny in said county, in February, eighteen hundred and sixty-six, their necessary expenses in attending said trial, and that such expenses be paid out of the County Treasury of said county.

SEC. 2. This Act shall be in force and take effect from and after its passage.

Trustees to set apart two public squares.

for public

uses.

property.

CHAPTER CCXVI.

An Act amendatory of and supplemental to an Act entitled an Act to repeal the several Acts incorporating the City of Benicia, and to provide for the government thereof, approved April eighteenth, eighteen hundred and fifty-nine.

[Approved March 21, 1868.]

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

SECTION 1. Section ten of said Act is hereby amended so as to read as follows:

Section 10. The said Trustees, or a majority of them, are hereby empowered and directed, on or before the first day of May, eighteen hundred and sixty-eight, to set apart from the property owned by said city, south of M and east of West Third street, two public squares of the dimensions of six hundred feet by two hundred and seventy feet each; and from the remaining Twenty lots property owned by said city, to select and set apart such lots and parts of lots, and lots covered by water, as the said Trustees may deem proper, for school purposes, fire engine houses, libraries and other public uses, not exceeding in the aggregate twenty original sized lots; and for the purpose aforesaid, the said Trustees are authorized to exchange lots with individuals in such manner as they may see fit; and the said Trustees shall, on or before the first day of July, eighteen hundred and sixtySell remain eight, proceed to sell, at public auction, for gold or silver coin, der of public after giving notice thereof by publication in one daily newspaper in San Francisco, and one newspaper in the County of Solano, for at least thirty days preceding such sale, all remaining property to which the said city has acquired title, either from the Government of the United States or of this State, and to execute conveyances therefor to the purchasers, upon their complying with the terms of sale; provided, that any person who has erected a useful and substantial wharf or dock upon any Private sale. water lots heretofore purchased by him from said city shall have the privilege, within thirty days from the passage of this Act, of further purchasing from said city at private sale, at a fair valuation to be fixed by said Trustees, or receiving in exchange, such other water lots as may be adjoining the lots on which said wharf or dock may be situated, not exceeding three lots of one hundred and twenty-five feet by one hundred and fifty feet each (lots separated only by an alley being considered as adjoining); and the said Trustees shall pay the proceeds of all sales, less their fees, which shall be the same percentage for them all as is allowed by law to the Sheriff on sale of property under execution, to the County Treasurer of said county, who shall be responsible for the same upon his official bond, and who shall apply the same to the extinguishment of the debt of said city, in the same manner as the taxes which may be collected may Pay of Trus- be applied. The said Trustees shall be entitled to receive for their services the sum of three dollars for each conveyance of one lot, and one dollar for each additional lot conveyed by the

Proceeds.

tees.

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