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only shall be authorized to transact business for the partnership except as provided in section five of this amendatory Act; and no special partner shall be authorized to sign for the partnership, or to bind the same. If the name of any special partner shall be used in said firm with his consent or privity, or if he shall personally make any contracts respecting the concerns of the partnerships other than is provided in said section five of this amendatory Act, with any person except the general partners, he shall be deemed and treated as a general partner. SEC. 3. Section twelve of said Act is hereby amended so as to read as follows:

partnership.

Section 12. No dissolution of a limited partnership shall Dissolution take place except by operation of law, or as provided for in the of limited section four of this amendatory Act, before the time specified in the certificate before mentioned, unless a notice of such dissolution shall be recorded in the Recorder's office in which the original certificate or the certificate of renewal or continuation of the partnership was recorded, and unless such notice shall also be published for three successive weeks in some newspaper printed in the county where the certificates of the formation of such partnerships were published according to the provisions of this Act; and if no newspaper shall, at the time of such dissolution, be printed in such county, then the notice of such dissolution shall be published in some newspaper in this State nearest thereto.

business to

SEC. 4. Every alteration which shall be made in the names Changes in of the partners, in the nature of the business, or in the capital or dissolve shares thereof, or in any other matter specified in the original partnership. certificate, and the death of any partner, whether general or special, shall be deemed as dissolution of the partnership; and every such partnership which shall, in any manner, be carried on after any such alteration shall have been made or such death shall have occurred, shall be deemed a general partnership in respect to all business transacted after such alteration or death, unless renewed as a special partnership according to the provisions of this Act.

liabilities of

SEC. 5. A special partner may, from time to time, examine Rights and into the state and progress of the partnership concerns, and special may advise as to their management. He may also loan money partners. to, and advance and pay money for, the partnership; and may take and hold the notes, drafts, acceptances and bonds of or belonging to the partnership as security for the payment of such moneys and interest, and may use and lend his name and credit as security for the partnership in any business thereof, and shall have the same rights and remedies in these respects as any other creditor might have. He may also negotiate sales, purchases and other business for the partnership; but no business so negotiated shall be binding upon the partnership until approved by a general partner. Excepting as herein mentioned, he shall not transact any business on account of the partnership, nor be employed for that purpose, as agent, attorney or otherwise. If he shall interfere contrary to these provisions, he shall be deemed a general partner.

SEC. 6. In case of the insolvency or bankruptcy of the partnership, no special partner shall, except for claims contracted

When

special partner may claim as a creditor.

pursuant to section five of this amendatory Act, under any circumstances, be allowed to claim as a creditor until the claims of all the other creditors of the partnership shall be satisfied.

SEC. 7. This Act shall take effect immediately, and shall Act to apply. apply as well to such partnerships existing at the time of the passage hereof as to those thereafter formed.

Authority given.

CHAPTER DXXXIII.

An Act to authorize certain persons to remove improvements placed upon public lands after said lands have become private property.

[Approved March 30, 1868.]

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

SECTION 1. Any inhabitant of this [State] who has put or placed improvements upon any lands belonging to this State or to the United States, or who has the right of possession of such improvements on said lands, shall have the right to remove such improvements from said lands at any time within six months after such lands shall have become the private property, by purchase or otherwise, of any person or persons, firm, corporation or company, either within or without this State; and such inhabitant shall not be liable to an action for damages for the removal of any such improvements within the time above stated. All houses, barns, sheds, out-houses, buildings and fences, and all orchards and vineyards, shall be deemed and held to be improvements within the meaning of this Act.

SEC. 2. This Act shall take effect immediately.

Name changed.

CHAPTER DXXXIV.

An Act to provide for changing the corporate name of the First Congregational Church of the City of Oakland and ratifying and confirming the acts of its Trustees.

[Approved March 30, 1868.]

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

SECTION 1. That the corporate name of the First Congregational Church of the City of Oakland be changed to the First Congregational Religious Society of Oakland; and all acts heretofore done and performed by the Trustees of said corporation for and in behalf of said corporation, whether under the name of the First Congregational Church of the City of Oakland or

under the name of the First Congregational Religious Society of Oakland, are hereby ratified and confirmed and made valid. SEC. 2. Said corporation is hereby authorized to have six (6) Trustees. Trustees, with power to fill vacancies; and the increase of the number of Trustees from five (5) to six (6), heretofore made, is hereby ratified and confirmed and made valid; and all the acts heretofore done and performed by said Trustees for and in behalf of said corporation are hereby ratified, confirmed and made valid as the acts of said corporation.

SEC. 3. This Act shall take effect immediately.

CHAPTER DXXXV.

An Act to authorize William Bihler to construct a wharf on the Petaluma Creek.

[Approved March 30, 1868.]

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

SECTION 1. William Bihler, his associates and assigns, are Franchise. hereby authorized to build a wharf in front of his own lands on the easterly side of Petaluma Creek, near Lakeville, commencing at high water mark and running into the creek to a point where the water is ten feet deep at low tide; provided, the same shall not obstruct the navigation of said creek.

granted.

SEC. 2. All the right of the State of California to the over- Rights flowed lands on which said wharf is built, together with the use of two hundred and fifty feet on each side, is hereby released to the said William Bihler, and his associates and assigns, for the term of twenty years; provided, said wharf shall be commenced within one year and completed within three years from the passage of this Act; and he may collect such tolls and wharfage as the Board of Supervisors of Sonoma County may from time to time fix upon.

CHAPTER DXXXVI.

An Act to provide for the assessment and collection of taxes on migratory bands of stock, farm animals and herds of hogs, in the Counties of Tuolumne and Calaveras.

[Approved March 30, 1868.]

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

SECTION 1. It shall be lawful for the Assessor, whether
Township, District or County, in the Counties of Tuolumne or

collected

where herds are found.

Taxes to be Calaveras, to assess as personal property all bands of cattle, farm animals, sheep or hogs, driven in herds, whereof the owner or owners, driver or manager thereof are not resident in either of said counties, found roaming at large in the counties aforesaid; and there shall be collected from the persons aforesaid, or either of them, the same amount of tax as would be imposed on the owner or owners of said personal property if they were resident in said counties and possessed of personal property of like value. After the Assessor shall have ascertained the value of such property he shall assess the same according to the rate of taxation directed to be levied by law, and shall immediately give to the County, District or Township Collector of Taxes a certificate of such assessment, and the amount of tax due; and such Collector shall forthwith proceed to collect the same; and in the event of the neglect or refusal to pay the tax levied in pursuance of this Act, it shall be lawful for such Collector to proceed in a summary way, as provided by the Revenue Laws for immediate collections of taxes on personal property in other cases; provided, that no assessment shall be made, and no tax demanded or attempted to be collected, where the owner or owners, manager or driver, as aforesaid, shall produce a receipt for the lawful tax oh such personal property assessed and paid in some other county; and provided further, that in the event of an assessment made in pursuance of this Act being deemed too high, and shall be objected to, the facts shall be reported to the Board of Supervisors of said counties at the session following such assessment and collection, for adjustment, which shall be made after three days public notice shall be given of their intention.

SEC. 2. This Act shall take effect immediately.

Time extended.

CHAPTER DXXXVII.

An Act to extend the time within which to complete a wagon road.

[Approved March 30, 1868.]

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

SECTION 1. The time in which the grantees are required to complete a wagon road under the provisions of an Act to grant the right to construct a wagon road in Tulare County, approved April twenty-seventh, eighteen hundred and sixty-three, and the several Acts amendatory thereof, is hereby extended one year.

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

CHAPTER DXXXVIII.

An Act to amend an Act entitled an Act to provide for the construction of a turnpike road in Santa Clara and Santa Cruz Counties, approved April fourth, eighteen hundred and sixty-four.

[Approved March 30, 1868.]

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

SECTION 1. Section one of the Act entitled an Act to provide for the construction of a turnpike road in the Counties of Santa Clara and Santa Cruz is hereby amended to read as follows:

Section 1. Charles Maclay, his associates and assigns, are Line of road hereby authorized to construct and keep in repair a good wagon road, commencing at or near Macartysville, in Santa Clara County, and running westerly across the Coast Range of mountains, crossing the same at or near Tin Can Rancho, to a point on the Pescadero Creek, near its head waters, in Santa Cruz County; thence running down or near said stream to or near the Town of Pescadero, as the company may determine; and also to construct a branch toll road from the summit of the Coast Range Branch. Mountains, at a point where the Saratoga and Pescadero Turnpike Road passes; thence running down or near to the San Lorenzo Creek, in a southerly direction, until it intersects the county road now being made along the San Lorenzo Creek, as the company may determine; and said grantee, his associates, heirs and assigns, shall be and are hereby authorized to collect Tolls. toll on the said road for the term of twenty years from the passage of this Act, to be regulated by the Boards of Supervisors of Santa Clara and Santa Cruz Counties, as provided in the Act approved April twenty-second, one thousand eight hundred and sixty-one, entitled an Act to authorize the Board of Supervisors of the County of Santa Clara to grant the right of way for the construction of turnpike roads.

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

CHAPTER DXXXIX.

An Act to authorize the Central Railroad Company of San Francisco to construct and maintain a railroad within the City and County of San Francisco, and to grant certain privileges named therein.

[Approved March 30, 1868.]

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

granted.

SECTION 1. The right is hereby granted to the Central Rail- Rights road Company of San Francisco, a corporation organized under the laws of this State, their grantees, associates and assigns, to

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