CHAPTER XLIX. An Act to authorize the Santa Barbara Wharf Company to construct and maintain a wharf at Santa Barbara, in the County of Santa Barbara. [Approved February 10, 1868.] The People of the State of California, represented in Senate and SECTION 1. The right to build, maintain and use a wharf Franchise. from the sea shore out into the Bay or Channel of Santa Barbara, is hereby granted to James Barron Shaw, Louis T. Burton, S. B. Brinkerhoff, Matt. H. Biggs and Charles Fernald, their associates, stockholders in the Santa Barbara Wharf Company, and their assigns, for the period of twenty years. Twenty years. Right of way SEC. 2. For the purpose of said wharf there is hereby granted unto the said Shaw, Burton, Brinkerhoff, Biggs and Fernald, their associates and assigns, stockholders of said company, the exclusive right to use and occupy a strip of land four hundred and fifty feet wide, commencing at ordinary high water mark on the sea shore, in front of the Town of Santa Barbara, at the place where said wharf company have now commenced their wharf, and continuing the building of the present extension of the same, and extending out into the channel, bay or ocean, until a sufficient depth of water shall be attained for the accommodation of commerce; provided, the said wharf shall not inter- Not to interfere with the free navigation of the Bay or Channel of Santa fere with Barbara. navigation. Said grantees, their associates and assigns, stockhold- Wharfage. ers in said company, are hereby authorized to charge and collect such wharfage as shall be established and fixed by the Board of Supervisors of Santa Barbara County; and the rates of wharfage so fixed shall be posted in some conspicuous place on said wharf. SEC. 4. The grantees herein, or their assigns, shall within Time. one year from the passage of this Act commence, and within three years build and construct, said wharf in a good and substantial manner, and keep the same in good repair; and a failure to comply with the provisions of this section shall be a forfeiture of the franchise granted by this Act. Released from pay ment unless hereafter recovered. Official set Auditor. CHAPTER L. An Act to authorize the Board of Supervisors of the County of Trinity to release the County Treasurer of said county from the payment of certain moneys. [Approved February 10, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Trinity are hereby authorized and empowered to release Joseph Craig, County Treasurer of said county, and the sureties who were on his official bond on the thirteenth day of August, A. D. eighteen hundred and sixty-seven, from the payment of the sum of sixteen hundred and thirty-six dollars and forty-eight cents, lost by the reason of the failure of the banking house of Greenhood & Newbauer, August thirtieth, eighteen hundred and sixtyseven; provided, that in case all, or any portion of said sum of sixteen hundred and thirty-six dollars and forty-eight cents be hereafter recovered, the said Joseph Craig and those who were sureties on his official bond at the date above named shall be bound to the County of Trinity in the full amount of the sum which may be so recovered. SEC. 2. The County Auditor of Trinity County is hereby tlement with authorized and directed, in his official settlement with said Joseph Craig, County Treasurer of said county, to credit the said Joseph Craig with the sum of sixteen hundred and thirtysix dollars and forty-eight cents, conditioned as provided in this Conditions. Act; provided, nothing in this section shall be construed as authorizing said Auditor of Trinity County to credit said Joseph Craig, County Treasurer, with said amount unless by order of the Board of Supervisors of said Trinity County. SEC. 3. This Act shall take effect and be in force from and after its passage. Levy special tax. CHAPTER LI. An Act supplemental to and amendatory of an Act entitled an Act to provide for the establishment, maintenance and protection of Public Roads in Napa County, approved March thirty-first, eighteen hundred and sixty-six. [Approved February 13, 1868.] The People of the State of California, represented in Senate and SECTION 1. In addition to the tax authorized to be levied and collected under the Act to which this is supplemental, the Board of Supervisors of Napa County are hereby authorized and directed to levy a special tax not exceeding twenty-five cents on each one hundred dollars of taxable property in said county, which sum shall be assessed, levied and collected at the same time and in the same manner that other taxes are assessed, levied and collected in said county. General SEC. 2. The amount collected under the provisions of this Paid into Act shall be paid into the County Treasury and constitute a Road Fund. special fund to be known as the General Road Fund, and shall be applied only to the payment of damages incurred in and the cost of constructing new roads, and to the payment, in the order in which they were issued, of all warrants drawn on the District Road Fund of said county in payment of claims accrued against said funds for damages incurred and the cost of constructing all new roads built and constructed in said county since the passage of the Act to which this is supplemental. Supervisors. SEC. 3. The Roadmasters provided for in the Act to which Roadmasters this is supplemental shall, instead of being elected as therein spor provided, be appointed by the Board of Supervisors of said. county, and shall hold their office for the term of one year, subject to removal at any time by said Board. funds SEC. 4. All moneys in the County Treasury of said county to Transfer of the credit of the General County Road Fund heretofore existing shall be transferred to and constitute a part of the special fund provided for in this Act. SEC. 5. This Act shall be in force from and after its passage. CHAPTER LII. An Act supplementary to an Act entitled an Act concerning Crimes and [Approved February 13, 1868.] The People of the State of California, represented in Senate and SECTION 1. In a criminal action a felon shall be a competent Felons can witness for or against a felon for an offence committed when testify. both are under judgment of imprisonment in the State Prison. SEC. 2. This Act shall take effect immediately. 7 In what cases. Official acts ratified. CHAPTER LIII. An Act to authorize the County Clerk of Mono County to act as County [Approved February 13, 1868.] The People of the State of California, represented in Senate and SECTION 1. Whenever the County Superintendent of Common Schools of the County of Mono, that may be elected at the general election, shall fail to qualify, or having qualified shall neglect to discharge the duties of said office, the Board of Supervisors shall authorize the County Clerk to act ex officio as County Superintendent of Common Schools. SEC. 2. All the official acts of the present County Clerk of Mono County as Superintendent of Common Schools, which may lawfully be done by a Superintendent of Common Schools, are hereby ratified and confirmed. SEC. 3. This Act shall take effect from and after its passage. Loan Com CHAPTER LIV. An Act to provide for the liquidation and payment of the indebtedness of Yuba County, and for other purposes. [Approved February 13, 1868.] The People of the State of California, represented in Senate and SECTION 1. In order to liquidate and provide for the payment missioners. of the indebtedness of the County of Yuba, and to lessen the burdens of taxation, the Chairman of the Board of Supervisors, the County Auditor and the County Treasurer of said county, and their successors in office, shall constitute a Board of Commissioners, to be styled the "Loan Commissioners of the County of Yuba," and shall have and exercise the powers and perform the duties hereinafter provided. No other officers to provide for payment of debt. Explanatory SEC. 2. It shall not be lawful for the Board of Supervisors of said county, or any officer or officers of said county, except as in this Act provided, to make any assessment or assessments, or levy or lay any tax or taxes, to be in any way used or applied to or for the payment or liquidation of any of the funded or bonded indebtedness of the County of Yuba, existing or outstanding at the date of the passage of this Act, or of any part thereof; and every such assessment or tax laid or levied, or provision made for the payment or liquidation of the principal or interest, or any part of such funded or bonded indebtedness, contrary to the provisions of this Act, shall be wholly and absolutely null and void. The true intent and meaning of this sec tion is hereby declared to be: that the whole principal sum or sums, with the interest thereon, of the funded or bonded indebtedness of the County of Yuba, existing and outstanding at the time of the passage of this Act, shall be paid and liquidated in no other way than as hereinafter provided for. The terms "funded or bonded indebtedness," and "funded and bonded indebtedness," as used in this section, and hereafter in this Act, are hereby declared to embrace and include all the funded indebtedness of Yuba County, and all the bonds of said Yuba County issued under any and all Funding Acts, for said Yuba County, and all Acts and laws amendatory thereof and supplementary thereto; and also all indebtedness created by said Yuba County, and all bonds issued under an Act to authorize the Board of Supervisors of the County of Yuba to take and subscribe two hundred thousand dollars to the capital stock of a railroad company, and to provide for the payment of the same, and other matters relating thereto, approved April twentyeighth, eighteen hundred and sixty-seven. be issued. SEC. 3. It shall be the duty of said Loan Commissioners to Description cause to be prepared, bonds of the County of Yuba, in the total of bonds to amount not exceeding one hundred and sixty thousand dollars, which shall be in sums of not less than one hundred dollars nor more than one thousand dollars each, payable in the gold coin of the United States, for both the principal and interest, dollar for dollar, and bearing interest at the rate of eight per cent. per annun, from the date of their issue, to wit: the first day of July Anno Domini, eighteen hundred and sixty-eight, which bonds shall be made payable at the office of the Treasurer of the County of Yuba, on the first day of July, Anno Domini eighteen hundred and eighty-eight; and the interest accruing on such bonds shall be due and payable on the first day of January and July of each year thereafter, at the office of the Treasurer of said county. Said bonds shall be signed by the Chair- who signed man of the Board of Supervisors of said county, the County by. Auditor and County Treasurer, and shall be countersigned by the County Clerk of said county, who shall cause the seal of the County of Yuba to be affixed to or impressed upon each of said bonds so countersigned by him as such clerk. There shall be coupons attached to said bonds for each semi-annual interest to accrue thereon, which coupons shall specify the amount of such semi-annual interest, when and where payable in gold coin of the United States aforesaid, which coupons shall be signed by the Chairman of the Board of Supervisors and the County Treasurer of said county. former in SEC. 4. The said Loan Commissioners shall, three months Bonds to be before the first day of July, Anno Domini eighteen hundred and given for sixty-eight, cause sixty days notice to be given by a publication debtedness, in one or more daily newspapers published in the Cities of Marysville, San Francisco and New York, giving notice that any and all holders of any of the funded and bonded indebtedness of the County of Yuba may, at their option, present and surrender the same to said Loan Commissioners at any time before the said first day of July, Anno Domini eighteen hundred and sixtyeight, and receive in lieu thereof the bonds of said Yuba County provided to be issued by this Act, and that such funded and |