for three times the amount of such warrant, at the suit of the county. All warrants drawn for jury service shall be paid by the Treasurer, on presentation, out of the Jury Fund. SEC. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they apply to Calaveras County. SEC. 5. This Act shall take effect from and after its passage. Construction Paving and planking. CHAPTER CCXCI. An Act to authorize Thomas B. Lewis, E. Thomas and Henry Pichoir, and their associates, to construct and maintain a railroad in the City and County of San Francisco. [Approved March 25, 1868.] The People of the State of California, represented in Senate and SECTION 1. The right is hereby granted to Thomas B. Lewis, E. Thomas and Henry Pichoir, and their associates and assigns, to lay down and maintain an iron railroad within the City and County of San Francisco, along and upon the following streets, viz: Commencing at Railroad avenue or Bay View turnpike, at or near the terminus of the Potrero and Bay View Railroad; thence along and upon Twenty-seventh avenue, or such other street or avenue as shall be found practicable, across the lands claimed by J. B. Felton, according to the Hudson survey, to the San Bruno road; thence across the San Bruno road to Henry street; thence along and upon Henry street to University street; thence along and upon University street to Wayland street; thence along and upon Wayland street to Block number one hundred and sixty-three, in the University Extension Survey. Said road to have a single or double track, at the option of the said grantees, their associates and assigns; the rails to be of the most improved pattern used in the Eastern States, with the proper and necessary switches and turnouts along the entire route; and to run cars thereon, not exceeding twenty-four feet in length, at convenient hours of every day and night, for the transportation of passengers; provided, that by the franchise herein granted the corporation shall not have the right to lay tracks or run cars upon streets occupied by any other railroad corporation, except when it shall be necessary to cross the same at right angles. SEC. 2. The owners of said railroad shall pave, plank or macadamize (as the proper authorities of said City and County of San Francisco shall direct) between the rails and between the tracks of said road, along the whole length thereof, and shall keep the same constantly in repair; provided, however, that the grantees shall not be compelled to pave and plank as aforesaid any avenue or street until said avenue or street shall be graded. SEC. 3. The track of said railroad shall not be more than Track. five feet wide within the rails, with a space between the double tracks sufficient for the passage of the cars, and flush with the level of the streets, and so as to offer as little obstruction as possible to the crossing of vehicles; and when the road herein. provided for shall intersect any other road, the rails of each shall be so altered or cut as to permit the cars to cross without obstruction; and nothing in this Act shall be so construed as to prevent any other railroad company hereafter formed from crossing the road herein mentioned at any point in like manner in the City and County of San Francisco. SEC. 4. The rates of fare for each passenger upon said rail- Fare. road shall not exceed six and one quarter cents, each way, from any point on said road. speed. SEC. 5. The cars upon said railroad shall be of the most Cars and approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes and other means of stopping the same when required. They shall be moved by steam, horses or mules, but under no circumstances to be propelled at a speed exceeding eight miles an hour; and in case of a violation of this provision, the owner or owners of said railroad shall be subject to a fine not exceeding one hundred dollars for each offence; provided, the Board of Supervisors shall at any time have the power to prohibit the use of steam upon the said road, by giving a notice to the grantees or their assigns of at least ninety days, to that effect. SEC. 6. Any person wilfully obstructing the said railroad shall be deemed guilty of a misdemeanor and punished accordingly. franchise road. SEC. 7. The franchises and privileges hereby granted shall Duration of continue for the period of twenty-five years, to date from and and conafter the passage of this Act; provided, nevertheless, that said struction of parties shall complete within the period of eighteen months next following the passage of this Act a section of said railroad which shall be equal to one fourth of the distance from the point of commencment to the point of termination; and within a period of four months next following, a second section, equal to another fourth of said distance; and within a period of four months next following, a third section, equal to the third fourth of said distance; and within the period of four months thereafter shall complete the remaining section; and the grantees shall, within six months after the passage of this Act, commence the construction of said road, but no time during which they shall be prevented therefrom by legal process shall be counted as a part of said six months; and shall, within three months after the passage of this Act, execute to the City and County of San Francisco a bond, with good and sufficient sureties, to be Bond for approved by the County Judge of said city and county, condi- completion. tioned in the sum of thirty thousand dollars, for the completion of the railroad according to the requirements and privileges of this Act, and file the same with the Treasurer of said city and county for the benefit thereof; and upon a failure to comply with the provisions of this section, the franchise and privileges hereby granted shall utterly cease and determine, and the amount City and purchase after 15 years. Appraisement of value. of said bond may be recovered from the obligors therein named in an action brought in the name of the City and County of San Francisco. SEC. 8. The owners of said railroad are required to sell, transCurea fer and convey the same, together with the cars that may be employed thereon, to the City and County of San Francisco, at any time after the expiration of fifteen years from the completion of the same, upon a demand being made to that effect by the said city and county, and upon the payment to said parties. by said city and county of the appraised value of the same; said appraisal to be made by five Commissioners, in the manner following: The Board of Supervisors of the City and County of San Francisco shall appoint two Commissioners, and notify the grantees or their assigns of such appointment, who, within ten days after the receipt of such notice, shall appoint two Commissioners and notify the Board thereof. The four Commissioners so appointed shall elect a fifth; but in case of their inability to agree upon such fifth Commissioner, within ten days, he shall be appointed by the County Judge of said city and county. In case of the failure of the grantees or their assigns to appoint Commissioners on their part, as above provided, or in case of their refusal to act, the County Judge shall have the power of appointing them. Said Commissioners shall make their appointment and present their report within thirty days after the completion of the commission, and file the same in the office of the Clerk of the Board of Supervisors. A majority of said Commissioners shall constitute à quorum, and the award of the majority shall be final and binding upon the parties. The amount of the award shall be paid by the Treasurer of the city and county to the grantees or their assigns within sixty days after the filing of said award, and thereupon the title to said railroad and cars shall vest in the city and county. Public rights reserved. License. Supervisors SEC. 9. Nothing in this Act shall be so construed as in anywise to prevent the proper authorities of the said City and County of San Francisco from sewering, grading, paving, planking, repairing or altering any of the streets herein before specified; but all such work shall be done, if possible, so as not to obstruct the free passage of the cars upon the said railroad; and when the same shall not be possible, the said authorities, before the commencement of said work, shall allow to the owners of said railroad time sufficient to enable them to shift the rails or take other means so as to avoid said obstruction during the continuance thereof, which they, the said owners, are hereby authorized to do. SEC. 10. The owners of said railroad shall pay to the City and County of San Francisco the sum of fifty dollars per annum as a license upon each car used by them upon said railroad, which payment shall be made quarterly to the said city and county. SEC. 11. The Board of Supervisors of the City and County may grant of San Francisco, or their legal successors, are hereby authorized privileges. and empowered to grant to the said parties named in the first section of this Act, their associates or assigns, such additional rights, privileges and grants as said parties, their associates and assigns, may desire or deem necessary for the full and complete enjoyment of the franchise and privileges created and granted by this Act. CHAPTER CCXCII. An Act to amend sections six and thirteen of an Act entitled an Act concerning roads and highways in the Counties of Shasta and Trinity, approved March twenty-eighth, eighteen hundred and sixtythree. [Approved March 25, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section six of said Act is hereby amended so as be levied in to read as follows: Section 6. At the November term of the Board of Supervi- Road tax to sors the said Board shall levy upon all able-bodied male persons, Trinity except Indians, between the ages of twenty-one and sixty years, County. a road poll tax of not less than two nor more than four dollars per annum, which tax shall be paid in labor, as hereinafter provided, at the rate of two dollars per day; provided, that any person liable to perform road duty may pay the same, when called upon by the Road Overseer, in cash. And said Board of Supervisors shall, at the session of the said Board for the purpose of levying State, county and other taxes, levy a property tax for road purposes upon all taxable property in said counties, of not less than five nor more than twenty cents on each one hundred dollars, which said property tax shall be assessed and collected at the same time and in the same manner, and levy [by] the same officers, as other property taxes; provided, that when any person shall perform more labor on the highway in any one year than is required by this Act, the Overseer of the district in which said labor shall be performed shall receipt to such person for the extra amount of labor so performed, and said receipt shall be good and receivable for road dues for any subsequent year. SEC. 2. Section thirteen of said Act is hereby amended so as to read as follows: Beers. Section 13. Road Overseers shall receive pay for their serv- Pay of Overices on the roads at the rate of two dollars and fifty cents per day, and for the collecting of the road tax from persons who neglect or refuse to work on the roads, ten per cent. of the amount collected; provided, that in the time spent in seizing and selling property for the forcible collection of said tax, the Overseer shall not receive pay per diem; and the Board of Supervisors may draw their orders on the Treasurer in favor of any Overseer who may have a balance due him on settlement, for the amount of such balance, payable out of the fund of the district of which such person is Overseer. Any Overseer neg- Neglect of lecting, failing or refusing to perform any of the duties prescribed by this Act, besides being liable to be removed, shall be deemed guilty of a misdemeanor, and on conviction thereof before any Justice of the Peace in the county shall be fined in duty. any sum not exceeding two hundred dollars, for which fine his official bond shall be liable, and when collected shall be paid into the County Treasury and placed in the Road Fund of his district; provided, that if, through the negligence of any Road Overseer, the road poll tax of any person liable to pay the same shall not be collected, said Overseer's official bond shall be liable for said tax; and it shall be the duty of the Board of Supervisors to collect the same and pay it into the Treasury, and the Treasurer shall place the same with the Road Fund of the district for which said person is Overseer. SEC. 3. This Act shall apply to Trinity County only. SEC. 4. This Act shall take effect from and after its passage. Duty of Supervisors. Boundaries of Levee District No. 1. Election as tax. CHAPTER CCXCIII. An Act to provide for the protection of certain lands in the County of [Approved March 25, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Sutter are hereby authorized and required to protect lands from overflow in the County of Sutter, upon the conditions and in the manner hereinafter provided. SEC. 2. All that certain territory in Sutter County and bounded as follows, viz: Commencing on Feather River, at the northeast corner of Section number ten, Township number fifteen north, Range three east, Mount Diablo meridian; thence west, to the northwest corner of said Section number ten; thence south, to the northeast corner of Section twenty-one; thence west, to the northeast corner of Section twenty; thence south, to southeast corner of said Section twenty; thence west, to northwest corner of Section thirty; thence south, to the northeast corner of Section twelve, of Township fourteen north, Range two east, of said meridian; thence west, to the northwest corner of Section eleven of said township; thence south, to the southwest corner of Section eleven, of Township thirteen, Range two east; thence east, to the northwest corner of Section eighteen, Township thirteen, Range three east, of said meridian; thence south, to the southwest corner of Section nineteen; thence east, to Feather River; thence northerly, up Feather River, to the place of beginning, is hereby set apart and erected into a levee district, to be known as Levee District Number One, to be protected by proper levees, or other works, from overflow. SEC. 3. As soon as practicable after the passage of this Act, to levying the Board of Supervisors of said county shall order a special election and submit to the qualified electors of Levee District Number One the question whether a tax shall be raised to construct a levee, embankment or other works to protect said dis |