SEC. 6. Section forty-seven of the above entitled Act is hereby amended so as to read as follows: and pay Section 47. There shall be audited and allowed by the Board Allowance of Military Auditors, and paid out of the Military Fund, upon mento the warrant of the State Controller, to the commanding officer monthly of each company of cavalry or infantry of the National Guard, expenses. for armory rent and incidental expenses of an armory, care and cleaning of arms and military property in charge of such company, the sum of not more than fifty dollars per month; and there shall be audited and paid in like manner to the commanding officer of each light battery the sum of not more than twenty-five dollars per month for each gun under their command; and to the commanding officer of each regiment, for incidental expenses, the sum of not more than fifteen dollars per month; and to the commanding officer of each battalion the sum of not more than one dollar per month for each company in his battalion; provided, however, that no claim shall be Itemized paid under the provisions of this section except an itemized accounts. account of the expenditures herein before provided for be made out, signed and sworn to, in duplicate, by the officer claiming the same, and transmitted through the proper military channel to the Adjutant-General of the State-one to be filed in the office of the Adjutant-General, and one to be sent to the Board of Military Auditors; upon which they shall audit the demand. There shall also be audited and allowed by the Board of Military Auditors, and paid out of the Military Fund, upon the warrant of the State Controller, to each Brigadier-General of Brigade, the sum of one dollar per month for each military company in his brigade, to defray the expenses of books, stationery, postage and expressage, etc., and other incidental expenses necessary to the discharge of his office; provided, that the Brigadier-General may order and require two or more companies to occupy and use the same armory. SEC. 7. Section forty-eight of the above entitled Act is hereby Repealed. repealed. SEC. 8. Section sixty-two of said Act is hereby amended so as to read as follows: missioned Section 62. Commissioned officers, while on active duty in Pay of comthe service of the State, shall receive the same pay and emolu- officers. ments as is paid to the officers of the United States Army of similar grade serving on the Pacific Coast, the same to be audited by the Board of Military Auditors upon the pay-roll, properly made up and signed by such officer; provided, that such officer shall be detailed for active duty only upon order of the Commander-in-Chief; and provided further, that in the ordinary duties of inspection or mustering of a company, battalion or regiment of the National Guard, required by this Act, such duties shall be performed by the officers of such company, battalion or regiment, without compensation; and in case any officer be detailed for special duty in any matter relating to the Special duty National Guard, or care of State military property, by order of the Commander-in-Chief, he shall be allowed pay proper and mileage only, or such reasonable travelling expenses as the Board of Military Auditors may allow, upon sworn vouchers showing actual expenditures. Tax to be levied. Acts repealed. Proviso. SEC. 9. Section sixty-six of the above entitled Act is hereby amended so as to read as follows: Section 66 For the payment of the expenses of maintaining the National Guard of this State, the equipments, rents of armories, and all necessary expenses for the organization and establishment of the National Guard under the provisions of this Act, there shall be levied and collected, as other taxes of the State are levied and collected, the sum of one and one quarter cents on each one hundred dollars of taxable property, which shall be paid into the Military Fund, subject to the order of the Board of Military Auditors, on warrants of the Controller of State. SEC. 10. All Acts and parts of Acts requiring payment of any fee upon the acceptance of a commission by any officer of the National Guard, in so far as such Acts relate to military commissions, are hereby repealed. SEC. 11. All provisions of the Act to which this is amendatory, in relation to the supply of clothing, shall be and the same are hereby repealed. SEC. 12. This Act shall take effect on the first day of April, eighteen hundred and sixty-eight; and all Acts and parts of Acts in conflict with this Act are hereby repealed; provided, that all armory rents due to the first of April, eighteen hundred and sixty-eight, shall be audited, allowed and paid in the same manner as if section forty-seven of the Act to which this is amendatory had not been amended or repealed. Second Judicial CHAPTER CCCCXCVI. An Act supplementary to an Act concerning District Court Reporters, approved March thirteenth, eighteen hundred and sixty-six. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. All the provisions of an Act entitled an Act concerning District Court Reporters, approved March thirteenth, eighteen hundred and sixty-six, are hereby made applicable to the Second Judicial District of this State; provided, that not more than two hundred dollars shall be drawn from the County Treasury of each of the several counties in said judicial district in any one year for said Reporter. SEC. 2. This Act shall be in force from and after its passage. CHAPTER CCCCXCVII. An Act granting to the Omnibus Railroad Company certain rights therein named. [Approved March 30, 1868.] The People of the State of California, represented in Senate and extend rail SECTION 1. The right is hereby granted to the Omnibus Rail- Right to road Company, in the City and County of San Francisco, being road. the assignee of the parties named as the grantees of an Act entitled an Act to provide for a railroad within the City and County of San Francisco, passed April seventeenth, eighteen hundred and sixty-one, to lay down and maintain within the City and County of San Francisco an iron railroad, with a single or double track, with all the necessary switches, side tracks and turnouts, as follows: From and connecting with said Route. company's railroad on Third street, at Brannan street; thence, on and along said Brannan street, to any point in and upon First street. Also, from and connecting with the said company's railroad on Brannan street at Second street; thence, on and along Second street to Townsend street; thence, on and along Townsend street, to and connecting with said company's track on Third street. Also Market street, from Third street in the direction of Sansome street, and so as to connect at any convenient point with the said company's railroad running into Sansome street. SEC. 2. The right granted in section one of this Act is upon Conditions. the condition that the said extension of said railroad shall be completed upon said streets and between said points, at least upon a single track, within one year from and after May first, eighteen hundred and sixty-eight; and said period of one year is hereby granted within which to complete the same, except on Second and Townsend streets, and on those streets within two years after they are respectively graded to the official grade. SEC. 3. Nothing in this Act shall be so construed as to repeal Ratified. or abrogate in any manner Order Number Seven Hundred and Fifty-seven, passed by the Board of Supervisors of the City and County of San Francisco, March fourth, eighteen hundred and sixty-seven, and approved by the Mayor of said City and County, March fifth, eighteen hundred and sixty-seven; and the same is hereby ratified and confirmed in all respects whatever. SEC 4. This Act shall take effect and be in force from and after its passage. Supervisors may au. thorize. CHAPTER CCCCXCVIII. An Act to encourage the planting and cultivation of shade and fruit [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of any county of this State may, by an order of such Board, to be passed at a regular meeting of such Board and to be entered in the minutes thereof, authorize the planting and cultivation of shade and fruit trees, by persons owning lands in such county, upon the public roads and highways adjacent to such lands. Regulations. ⚫ SEC. 2. The Board of Supervisors may, by order entered upon their minutes, designate the roads or highways upon which such trees may be planted, so describing such road, by reference to places and boundaries, that the same may be readily ascertained. They shall also, in such order, direct the species of trees to be so planted, their age when planted, their distance from each other, and their position with reference to the traveled road, and also all such other rules and regulations as they shall deem proper to secure the proper planting, growth and protection of such trees, and also to prevent their obstructing the travel upon such road. When trees planted, filed. Owner to SEC. 3. Whenever any person shall plant, upon any public notice to be road, in front of land owned by him, shade or fruit trees, in accordance with the provisions of this Act, and also of such rules as the Board of Supervisors may prescribe hereunder, such person so planting such trees shall file with the Board of Supervisors of such county a written statement, setting forth therein the road or places upon which such trees are planted, the number and species of trees thus planted, and the time of planting. SEC. 4. Four years from and after the date of planting such make state trees and giving the notice as provided in section third, the person planting such trees, or his legal representative, may present to the Board of Supervisors of such county his statement in writing, verified by the oath of such applicant, setting forth therein the number and species of trees originally planted, when and by whom planted or caused to be planted, and the number then living and in a thrifty condition; and for any wilful misstatement contained in such report the party making the same may be prosecuted for the crime of perjury. ment of result in four years. Payment for trees. Act not to apply. SEC. 5. Upon filing such verified statement, the Board of Supervisors of such county shall allow to the party making the same the sum of one dollar for each and every tree so planted and growing thriftily, the same to be audited and paid out of the General Fund of such county as other claims are allowed, audited and paid. SEC. 6. Nothing contained in this Act shall be construed to apply to any trees planted before the passage of this Act, or unless planted and cultivated as required by the orders of the Boards of Supervisors. SEC. 7. This Act shall be in force from and after its passage. CHAPTER CCCCXCIX. An Act to confer upon the California Pacific Railroad Company, duly incorporated and working under the general railroad laws of the State, certain rights and privileges. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. The grant heretofore made to the San Francisco Rights and Marysville Railroad Company by an Act entitled an Act transferred. to confer upon the San Francisco and Marysville Railroad Company, incorporated under the laws of this State, certain rights. and privileges, approved April twenty-fourth, eighteen hundred and fifty-eight, of one half mile of water front on the northeast side of Napa Bay or the Straits of Carquines-which half mile was required to be in one body, and not to interfere with the then existing rights or possessions of any person, and to be designated by the said company by survey and plot-is hereby ratified and confirmed to the California Pacific Railroad Company, the successor of the said San Francisco and Marysville Railroad Company. bridges over river. SEC. 2. The said incorporated company are hereby authorized May conand granted the privilege of connecting and keeping across the struct Sacramento River, in the line of their road, at or near the City Sacramento of Sacramento, and above or north of the present bridge, a railroad bridge, for the use and benefit of said rcad; provided, said company shall construct the same with a good and sufficient draw of not less than seventy-five feet in width, and so located and constructed as not to interfere with or impede the navigation of said river or to interfere with the bridge now constructed; nor shall said company ever charge any tolls whatever upon their said bridge. SEC. 3. The said company is further authorized and granted the privilege of constructing and keeping across the Sacramento River, on the line of their road, at or near the Town of Knight's Landing, Yolo County, a railroad bridge for the use and benefit of said road; provided, said company shall construct the same with a good and sufficient draw of not less than sixty feet in width, and so located and constructed as not to interfere with or impede the navigation of said river. SEC. 4. The provisions of this Act shall not in any manner Existing affect any legal or equitable claims now existing on any of the claims. lands herein before described, in favor of any claimant under the State, nor affect any suit or proceeding which is now pending respecting the same, arising out of any claim now made; but |