Ratified. Survey. Relinquishment of title. roviso. of a board of supervisors of the city and county of San Francisco, adopted, approved, and ratified by an order bearing date the sixteenth day of October, A. D. one thousand eight hundred and fifty-six, which is in the words and figures following, to wit: The Board of Supervisors of the City and County of San Francisco, do ordain as follows: §1. That the plan or map of the Western Addition, reported by the commission created under an ordinance of the last common council of the city of San Francisco, be adopted by this board, and be declared to be the plan of the city, in respect to the location and establishment of streets and avenues, and the reservation of squares and lots for public purposes in that portion of the then incorporated limits of said city, lying west of Larkin, and south-west of Johnston streets. Be it therefore enacted, that the within and before-recited order and ordinances be, and the same are hereby, ratified and confirmed; and all the land entered, or to be entered, in the United States Land Office, in pursuance of section one of the first recited of said ordinances, in trust, shall pass and inure to, and be deemed to have immediately vested in the occupants thereof, for their several use and benefit, according to their respective interests, in execution of the trust designated in an act of Congress, entitled an act for the relief of citizens of towns upon the public lands of the United States, under certain circumstances, approved May twenty-third, one thousand eight hundred and forty-four, as extended and applied by an act of Congress, entitled an act to provide for the survey of the public lands in California, the granting of pre-emption rights therein, and for other purposes, approved March third, one thousand eight hundred and fifty-three; and it shall be the duty of all courts and officers to take judicial notice of the said order and ordinances, as hereinbefore recited, without further proof, as fully and effectually, to all intents and purposes, as if they were public acts of the State Legislature. SEC. 2. That the grant or relinquishment of title made by the said city in favor of the several possessors, by sections two and three of the ordinance first above recited, shall take effect as fully and completely, for the purpose of transferring the city's interest, and for all other purposes whatsoever, as if deeds of release and quit-claim had been duly executed and delivered to and in favor of them individually and by name; and no further conveyance or other act shall be necessary to invest the said possessors with all the interest, title, rights, benefits, and advantages, which the said order and ordinances intend or purport to transfer or convey, according to the true intent and meaning thereof; Provided, that nothing in this act shall be so construed as to release the city of San Francisco, or city and county of San Francisco, from the payment of any claim or claims due or to become due this state against said city, or city and county, nor to effect or release to said city and county any title this state has or may have to any lands in said city and county of San Francisco. CHAP. LXVII.-An Act to extend the time for assessing the Taxes for State and County Purposes. [Approved March 11, 1858.] The People of the State of California, represented in Senate and SECTION 1. The board of supervisors of each county shall, on state tax. or before the second Monday in May, one thousand eight hun-. dred and fifty-eight, levy the tax for state purposes, under the provisions of a law passed February twenty-seventh, one thousand eight hundred and fifty-eight, entitled an act to amend an act to provide revenue for the support of the government of this state. SEC. 2. In any county of this state, where the board of super- County tax. visors have failed to assess the county taxes under any general or special law, they are hereby empowered to levy such taxes, at any time before the second Monday in May, one thousand eight hundred and fifty-eight. CHAP. LXVIII.—An Act to further extend the Act concerning Corporations, passed April twenty-second, A. D. one thousand eight. hundred and fifty. [Approved March 12, 1858.] The People of the State of California, represented in Senate and purposes. SECTION 1. Any nine or more persons who may desire to act Corporate, in concert for the care, protection, relief or improvement of, first, orphans; or, second, foundlings; or, third, shipwrecked or destitute sailors; or, fourth, sick and disabled, or unprotected and needy persons; and who shall desire to form an incorporated company or society, for the protection of either of said benevolent objects, may do so by complying with the provisions of chapter eight of the act concerning corporations, passed April twentysecond, A. D. one thousand eight hundred and fifty; and such benevolent societies incorporated under the provisions of said act, as hereby extended, shall possess the same powers, be subject to the like liabilities, and enjoy the like privileges as therein provided. tors. SEC. 2. Women, married or unmarried, may be incorporators, Women may officers, and members of benevolent incorporations, for the pur- be incorporaposes herein aforesaid, and may transact the business thereof in the same manner and subject to the same liabilities as males. But no married woman shall have power to contract or incur any liability therein against her husband; nor shall any husband be liable, in any manner, for any debt or liability, in any manner contracted or incurred; nor shall the common property of the husband and wife be in any manner affected by his wife becoming or acting as such corporator, except the same be specifically agreed to by the husband and wife, in writing. Corporative powers. denied cer SEC. 3. The corporations hereinbefore enumerated shall have power to elect such officers and such number of directors, managers, or trustees, and fill vacancies and make such needful rules and regulations, to carry their benevolent objects into effect, as they may, by their constitution and by-laws, from time to time provide, and as shall not be inconsistent with any of the laws of this state. CHAP. LXIX.-An Act to amend an Act entitled “An Act for the relief of Insolvent Debtors, and protection of Creditors," passed May fourth, one thousand eight hundred and fifty-two. [Approved March 12, 1858.] The People of the State of California, represented in Senate and SECTION 1 Section thirtieth of said act is hereby amended to Benefit of act read as follows: All insolvent debtors owing, or accountable in tain debtors. any manner for public funds or property of whatever nature or kind; all unfaithful depositaries; all such as refuse or neglect to pay up all funds received by them as bankers, brokers, commission merchants, or for money, goods, or effects, received by them in a fiduciary capacity, shall be denied the benefit of this act; Provided, that such parties may avail themselves of this act for the purpose of procuring an equal distribution of their assets among their creditors, and for that purpose only said act shall apply to estates of such insolvents in this section mentioned; And provided, further, such debtor may be discharged from all debts not named in this section. Claim. CHAP. LXX.-An Act to audit the Claim of J. W. Denver. The People of the State of California, represented in Senate and SECTION 1. The claim of J. W. Denver, as one of the board of commissioners of the California war debt, for services rendered previous to January first, one thousand eight hundred and fifty-seven, for the sum of one thousand five hundred dollars, is hereby audited and allowed. CHAP. LXXI.—An Act to provide for the authentication of certain evidence in relation to Swamp and Overflowed Lands heretofore sold by this state. The People of the State of California, represented in Senate and SECTION 1. It is hereby made the duty of the surveyors and veyors and recorders of the counties in this state, in which are situate any Duty of surof the swamp and overflowed lands heretofore sold under the recorders. provisions of an act to provide for the sale of the swamp and overflowed lands, passed April twenty-eighth, one thousand eight hundred and fifty-five, at the request of the Surveyor General of the state, to forward immediately to his address duly authenticated copies of all affidavits and other evidence, of whatever character, now on file or of record in their respective offices, which go to prove that the lands sold as aforesaid are actually swamp and overflowed lands. SEC. 2. Said surveyors and recorders shall receive, for their services under this act, the same fees for copying and certifying which are by law allowed the recorder of their respective counties for similar services, to be paid out of the appropriation hereinafter made upon Controller's warrants issued under order of the board of examiners; Provided, always, that no greater number of certificates shall be paid for than may be actually necessary to properly authenticate the copies aforesaid. All accounts for services under this act shall be verified by the claimant, and contain a bill of items certified to be correct by the Surveyor General. Compensat❜n SEC. 3. The sum of five hundred dollars, of any money in the Appropr'tion treasury not otherwise appropriated, is hereby appropriated and set apart for the payment of surveyors' and recorders' fees under this act; and it is hereby made the duty of the State Treasurer, from the first money paid into his office on account of the sales of swamp and overflowed lands not otherwise applied by law, to place the sum of five hundred dollars to the credit of the general fund. transmitted. SEC. 4. The Surveyor General of State shall, without delay, Evidence make the request contemplated in the first section of this act; and shall, on or before the twentieth day of March next, transmit to the United States Commissioner of Lands, at Washington City, duly authenticated, all evidence now on file in his office, or procured under the provisions of this act, which may in any manner establish the fact that the lands sold by this state under the act of April twenty-eighth, one thousand eight hundred and fifty-five, hereinbefore recited, are swamp and overflowed lands, together with a request that all such lands be withdrawn from market. CHAP. LXXII.—An Act to authorize Guardians of Minors, Idiots, and Lunatics, to receive and remove from this State any property to which said ward may be entitled. [Approved March 13, 1858.] The People of the State of California, represented in Senate and SECTION 1. When the guardian and ward are both non-residents, and the ward is entitled to property in this state which may be removed to another state without conflict to any restriction or limitation thereupon, or impairing the right of the ward thereto, such property may be removed to the state of the resi Application. Transcript. Order of discharge. Time of meeting. Executors authorized. dence of the ward, upon the application of the guardian to the judge of probate of the county in which the estate of the ward, or the principal part thereof, may be, in the manner following. SEC. 2. The guardian must produce a transcript from the records of a court of competent jurisdiction, certified according to the laws of this state, showing that he has been appointed guardian of the ward in the state in which he and the ward reside, and has qualified as such, according to the laws thereof, and gave bond, with sureties, for the performance of his trust; and must also give thirty days' notice to the resident executor, administrator, or guardian, if there be such, of the intended application; thereupon, if good cause be not shown to the contrary, the probate judge shall make an order granting such guardian leave to remove the property of his ward to the state or place of his residence, which shall be an authority to him to sue for and receive the same in his own name, for the use and benefit of his ward. SEC. 3. Such order shall be a discharge of the executor, administrator, guardian, or other person in whose possession such property may be at the time the order is made. CHAP. LXXIII.—An Act to change and fix the Time of holding the [Approved March 13, 1858.]. The People of the State of California, represented in Senate and SECTION 1. The court of sessions and the county court of the county of Yuba shall be held quarterly, as follows: The court of sessions in said county shall meet on the first Monday of April, July, October, and January, of each year, and shall continue until all the business shall be completed. The county court of said county shall meet on the first Monday of March, June, September, and December, of each year, and continue until all the business is completed. CHAP. LXXIV.-An Act to authorize the Executors of the last will and testament of F. C. Christian Russ, deceased, to sell Real Estate of the testator at private sale. [Approved March 13, 1858.] The People of the State of California, represented in Senate and SECTION 1. That C. Frederick Mebius and Adolphus G. Russ, executors of the last will and testament of F. C. Christian Russ, late a resident of the city of San Francisco, deceased, be, and they, and any, and each of them, hereby are authorized and empowered to sell such portion or portions of the real estate of which the said F. C. Christian Russ died seized or possessed, in the state of California, and any right, title, or interest in such real estate, belonging to the said decedent in his lifetime, as may |