Acts repealed. Fares. counted as a part of said twelve months or said two years; provided, that in case the said grantees or their assigns shall fail to comply with the provisions of this Act, then all the rights and franchises herein granted shall immediately cease and determine. SEC. 8. Any person wilfully obstructing or injuring said railroad shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished accordingly. SEC. 9. 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, one thousand eight hundred and sixty-one, and the Acts supplementary thereto and amendatory thereof, are hereby made applicable to this Act and made a part hereof. SEC. 10. The Board of Supervisors of the said County of Santa Clara shall, after the expiration of five years from the time when the cars shall commence to run, and every five years thereafter, have the right, and they are hereby authorized and directed, to regulate the rates of fare on the said railroad and to reduce the same as they may deem just; provided, such regulation of fare shall not reduce the net income of the grantees or their assigns below sixteen per certum of the cost of the construction of the road. 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 twenty-fourth day of March, A. D. eighteen hundred and sixty-eight. H. L. NICHOLS, Secretary of State. Authority given. CHAPTER CCXLVII. An Act to improve the Tuolumne and Merced Rivers, for rafting logs and timber. [Became a law by operation of the Constitution, March 24, 1868.] The People of the State of California, represented in Senate and SECTION 1. James W. Moore, E. B. Smith, James C. Smith, Henry Wollner, Richard Simpson, Levi Wilson and their associates and assigns, are hereby authorized to remove the snags, sunken trees, rafts, rocks and other obstructions within the banks of the Tuolumne and Merced Rivers at any point or place on both or either of said rivers above the head of navigation, extending up both or either of said rivers as far as may be necessary and practicable to raft and float logs and timber down said rivers or either of them to such place or places as the grantees, their associates and assigns, may select; and said grantees, their associates and assigns, shall be and they are hereby authorized to collect tolls on said rivers or either of them for the term of twenty years from and after the completion of the work on both or either of the said rivers, which shall be within three years from the passage of this Act. SEC. 2. It shall be the duty of the said grantees, their asso- Booms. ciates and assigns, to construct, at or above the head of navigation on both or either of said rivers, such boom or booms as may be necessary and proper to secure the logs and timber rafted and floated down said rivers or either of them. SEC. 3. Upon the completion of said work on both or either Tolls. of said rivers, the grantees, their associates and assigns, shall be and they are hereby authorized to collect tolls on all logs and timber rafted and floated down both or either of said rivers, at a rate not to exceed one dollar for each and every thousand feet of timber contained in all logs and timber rafted and floated down both or either of said rivers. SEC. 4. If any person or persons shall wilfully prevent or Persons obobstruct the free rafting and floating of logs and timber down structing. both or either of said rivers, by any means or device whatever, he, she or they shall be liable to the party or parties injured thereby for all damages which such party or parties may sustain by reason of such obstructions; which said damages may be recovered in any Court of competent jurisdiction, with costs of suit, as in other cases. SEC. 5. Nothing in this Act shall be so construed as to pre- Rights vent any person or persons from diverting the water of said reserved. rivers and appropriating the same for mining, manufacturing, agricultural or any useful and beneficial purpose. 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 twenty-fourth day of March, A. D. eighteen hundred and sixty-eight. An Act to authorize the County of Yolo to give its bonds to the California Pacific Railroad Company, a corporation organized and working by and under the general railroad laws of this State, and to provide for the payment of said bonds. [Approved March 24, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors in and for the County Authorized. of Yolo are hereby authorized and required to issue the bonds of the County of Yolo as a donation, for the purpose of aiding in the construction of the California Pacific Railroad from Puta Creek to Washington, and from Puta Creek through Woodland to Knight's Landing, in Yolo County. SEC. 2. The bonds that are authorized to be issued under Election to this Act shall not be issued unless upon a proposition to issue be held. said bonds being submitted to the electors of Yolo County, Ballots. If majority at a special election to be held for that purpose, on the third Saturday of May, eighteen hundred and sixty-eight, the majority of the electors voting upon said proposition shall be in favor of issuing said bonds; and it is hereby made the duty of the Board of Supervisors of said county to submit to the qualified electors at said election the proposition to issue said bonds. Those voting for said proposition shall have written or printed on their ballots, "County bonds in aid of the California Pacific Railroad Company-Yes," and those voting against said proposition shall have written or printed on their ballots, "County bonds in aid of the California Pacific Railroad Company-No." Said vote shall be canvassed by the Board of Supervisors of said county at their next meeting after the said election, and the result of said voting shall be entered upon the records of the said Board; and if said proposition shall receive a majority of said votes cast in favor thereof, it shall be their duty to issue said bonds; and if a majority of said votes are cast against said proposition it shall not be lawful to issue said bonds. SEC. 3. If the majority of said votes shall be found in favor favor issue. of the issue of said bonds, it shall be the duty of the said Board of Supervisors to have prepared county bonds to the amount of one hundred thousand dollars, each of said bonds being for the amount of one thousand dollars, payable twenty years from the date thereof, bearing interest at the rate of seven per cent. per annum, payable annually on the first day of January in each year, the principal and interest payable in gold coin of the United States, at the office of the County Treasurer of said county. No bonds to issue till SEC. 4. None of the said bonds shall be issued unless within road built. eighteen months from the said third Saturday of May, eighteen hundred and sixty-eight, the road of the said company shall be completed in good running order from Vallejo, in Solano county, to Washington, in Yolo County, and from Puta Creek, crossing the Willow Slough west of Dr. Merritt's residence on said slough, thence through the Town of Woodland, to Knight's Landing, in Yolo County, with a depot at each of said towns; and said bonds shall bear date of the day of such completion. Coupons for the interest shall be attached to each bond. Signing and delivery. SEC. 5. The bonds and their coupons shall be consecutively numbered, and signed by the Chairman of the Board of Supervisors, the County Treasurer and County Auditor; and when so signed, the County Clerk of said county shall countersign said bonds and affix thereto the seal of the County Court of said county, and he shall thereafter deliver the same to the Chairman of the said Board of Supervisors; and the fact of such signing, attestation and sealing shall be entered upon the records of said Board of Supervisors, and the said bonds and coupons shall therefrom be delivered by the said Clerk to the President of the said the California Pacific Railroad Company, taking his receipt therefor containing a description of said bonds in the book of records of the proceedings of the said Board of Supervisors at a regular meeting of the said Board. SEC. 6. It shall be the duty of the said Board of Supervisors of said county, and they are hereby authorized and empowered, levied. of bonds. to levy a yearly tax, to be styled the "Interest Fund Tax," on Tax to be the assessed property of said county sufficient to pay the yearly interest on said county bonds and five per cent. of the principal thereof, to constitute a "Sinking Fund," the same to be assessed and collected at the same time and in the same manner as the other property taxes [are] assessed and collected; and the Treasurer of said county shall pay, or cause to be paid, out of said Interest Fund, the interest on the said county bonds as it falls due; and the said five per cent. shall be set apart as a Sinking Fund for the redemption of said bonds. Whenever the amount to Redemption the credit of the said Interest Fund shall equal or exceed two thousand dollars, the Treasurer shall apply the same to the purchase of said bonds from the lowest bidder (provided the same shall be offered at a price not exceeding the par value thereof), upon advertising for twenty days in some newspaper published in said County of Yolo for bids. But if none of said bonds are offered at par or under, then it shall be the duty of the said Treasurer, with the assent and approval of the said Board, to loan the amount standing to the credit of the said Sinking Fund at interest upon said county bonds, in bonds of this State, or bonds of the United States, payable in gold coin, giving preference in the order named. The said Interest Fund and Sinking Fund shall not be appropriated or applied to any other purposes than those specified in this section. SEC. 7. It shall be unlawful for the said California Pacific Freight charges. Railroad Company to charge more than nine cents in United States gold coin per mile for each ton of grain transported on its road; provided, that in no case shall the said company be required to receive less than twenty-five cents for any one lot of freight for any distance. CHAPTER CCXLIX. An Act to legalize the acts of the Board of Supervisors of Lake County, California, done at a special meeting of said Board commencing on the eleventh day of March, eighteen hundred and sixty-seven. [Approved March 24, 1868.] The People of the State of California, represented in Senate and ized. SECTION 1. All acts, proceedings, orders and appointments Acts legalnot inconsistent with the Constitution of the United States or of the State of California, done, made, entered or determined by the Board of Supervisors of the County of Lake, in the State of California, and entered upon their minutes at the special meeting of said Board convened on the eleventh day of March, eighteen hundred and sixty-seven, in said county, are hereby declared to be valid, and of the same force and effect as if made, done, executed and entered at a regular meeting of said Board, and at the proper time fixed by law for the entry of such order ized Act legal or doing of said act and making said appointments; and for that purpose the records and proceedings of said Board of Supervisors at said special meeting, commencing on the eleventh day of March, eighteen hundred and sixty-seven, shall be taken and considered, in all proceedings, either at law or equity, as having been done and entered at the time or times prescribed by law, and shall have the like force and effect as if so entered, established or ordained. SEC. 2. This Act shall take effect from and after its passage. Time and place. CHAPTER CCL. An Act to fix the time of holding the County Court and Probate Court in the County of Yolo. [Approved March 24, 1868.] The People of the State of California, represented in Senate and SECTION 1. The terms of the County Court and the Probate Court in and for the County of Yolo shall be held at the county seat of said county, and shall commence on the first Monday of January, April, July and October, in each year, and shall continue until the business is disposed of. SEC. 2. All Acts or parts of Acts contrary to or inconsistent with the provisions of this Act are hereby repealed. This Act shall take effect from and after the first day of May, A. D, eighteen hundred and sixty-eight. Tax may be levied. CHAPTER CCLI. An Act to provide for the payment of the interest on certain bonds in the County of San Joaquin. [Approved March 24, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors shall have power to levy a property tax, not to exceed five cents on each one hundred dollars of all taxable property upon which the State tax in said county is levied, for the purpose of paying the interest on the bonds of said county which were issued under the provisions of an Act entitled an Act to authorize the County of San Joaquin to issue bonds for agricultural purposes, approved February fifth, eighteen hundred and sixty-three; said tax to be |