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In case of trespass.

Advertise,

where the owner is unknown.

Take effect.

first section of this Act, to run at large, it shall be lawful for any person injured thereby to bring suit before any Justice of the Peace, in the proper Township, against the person or persons so offending, who, upon conviction, shall be fined in any sum not less than twenty dollars, nor more than one hundred dollars, to be collected as fines are now collected by law.

SEC. 3. Should any such animal as aforesaid be found trespassing upon lands or possessory claims of another, the person owning the land or possessory claim may take up and safely keep such animal, and when so doing, shall give the owner or owners thereof five days' notice, that such an animal is in his or their possession; and if, at the expiration of the aforesaid time, the owner or owners, or the agent of such owner or owners, shall neglect or refuse to remove such animal, and pay for all reasonable costs for keeping the same, then the owner or owners of the land or possessory claim may cause such animal to be emasculated; Provided, however, that the emasculation of such animal shall not release the owner or owners thereof from the penalty imposed by section two of this Act.

SEC. 4. Should the owner or owners of such animal be unknown, then, in that case, it shall be the duty of the person in whose possession the animal may be, to forthwith give notice, with a description of the animal, its marks or brands, in some paper published in the County, for three successive weeks, calling upon the owner or owners to come forward and claim his or their property; and if, at the expiration of one month thereafter, no such owner or owners shall appear, then it shall be the duty of the person having possession of such animal to deliver the same to the Constable of the proper Township, whose duty it shall be to publicly dispose of the same to the highest bidder; and after paying all expenses necessarily connected with such animal, to pay the remainder into the County treasury, to be credited to the Common School Fund; Provided, however, that, should the owner or owners make claim to such property previous to sale being made, nothing in this Act shall be so construed as to exempt them from all the expense incurred, or from the penalties imposed therein.

SEC. 5. This Act shall take effect from and after the first day of May, A. D. eighteen hundred and fifty-nine.

Court of

CHAP. CXLVIII.—An Act fixing the Time of holding the Court of
Sessions, and County Court, in the County of Tuolumne.

[Approved March 31, 1859.]

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

SECTION 1. The Courts of Sessions, and County Court, Sessions and in and for the County of Tuolumne, shall hold a term on the first Monday of January, July, and September, of each

County

Court.

year, and may continue in session until the commencement of the next term, unless all the business of the Courts be sooner disposed of.

business.

SEC. 2. At said terms, the business pertaining to the Courts Order of of Sessions shall be first disposed of, and after that, the business of the County Courts, in the order in whch said Courts are named-this order shall be observed as a rule of precedence onlyand after the business of one Court is disposed of, the business of the other may be taken up on the same days, in such order as the Judge may determine.

SEC. 3. The County Judge of said County may call and hold Special term. special terms of said Courts, whenever, in his opinion, the pub

lic interests require the same.

SEC. 4. All Acts, and parts of Acts, in conflict with the pro- Repealing visions of this Act, are hereby repealed, so far as they relate to clause. the County of Tuolumne.

CHAP. CXLIX.-An Act to fix the Compensation of the District-
Attorney of the County of Santa Cruz, and to repeal all former
Acts in relation thereto.

[Approved March 31, 1859.]

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

SECTION 1. The District-Attorney of the County of Santa $600 per year Cruz shall receive for his services, annually, the sum of six hundred dollars, besides his fees and per centage now allowed by law.

SEC. 2. All laws, and parts of laws, inconsistent and in con- Repealing flict with this Act, are hereby repealed.

clause.

SEC. 3. This Act shall take effect and be in force from and Take effect. after the commencement of the next ensuing term of the office of District-Attorney of said County.

CHAP. CL.—An Act to authorize the County Recorder of the County of Tehama to transcribe certain Records in the Counties of Colusa, Shasta, and Butte.

[Approved March 31, 1859.]

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

to transcribe

SECTION 1. The County Recorder of the County of Tehama Authorized is hereby authorized and required to transcribe from the County certain records of the Counties of Colusa, Shasta, and Butte, into well- records. bound books

Transcript

be filed.

Compensat❜n

First-All deeds, mortgages on real estate, releases of mortgages, powers of attorney to convey real estate, and leases for a longer period than one year, affecting, or in any manner concerning, property now lying in the County of Tehama;

Second-All certificates of marriage, or marriage-contracts, solemnized or made within the limits of the County of Tehama; Third-All wills admitted to probate, affecting property in the County of Tehama;

Fourth-All notices of mechanics' liens on property in the County of Tehama;

Fifth-All transcripts of judgments which by law are made liens upon real estate lying within the limits of the County of Tehama;

Sixth-All notices of attachment upon real estate lying within the limits of the County of Tehama;

Seventh-All notices of the pending of any action affecting real estate in the County of Tehama;

Eighth-All instruments describing or relating to the separate property of married women in the County of Tehama;

Ninth-All notices of pre-emption claims to lands lying in the County of Tehama;

Tenth-All notices of married women, as sole traders, doing business in the County of Tehama.

The Recorder shall note in the margin of the transcript the name of the original volume, and the page or pages from which the same is transcribed.

SEC. 2. The transcript, when completed, shall be filed in the office of the County Recorder of the County of Tehama, and shall have the same force and effect in law as the original records, and impart notice of the contents thereof from and after the time of filing the same.

SEC. 3. The County Recorder, for services rendered under this Act, shall be paid, out of the County treasury of the County of Tehama, at the rate of forty cents per folio of one hundred words. He shall provide the necessary books, under this Act, at the expense of the County of Tehama.

Notaries for
Tuolumne.

CHAP. CLI-An Act explanatory of an Act to amend an Act concerning Notaries Public, passed April thirteenth, eighteen hundred and fifty-seven, passed March sixteenth, eighteen hundred and fifty.

nine.

[Approved March 31, 1859.]

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

SECTION 1. The Act of which this Act is explanatory, shall be so construed and understood as to authorize the appointment and commission of thirteen Notaries Public in and for the County of Tuolumne. All Notaries Public appointed for said County, or

who may hereafter be appointed for said County, under the construction of said Act hereby given, shall be, and they are hereby, vested with all the legal powers of other Notaries Public of this State legally appointed.

CHAP. CLII.-An Act to provide for the location of Slaughter-houses, Corrals, and Cattle-pens, in the City and County of San Francisco.

[Approved April 2, 1859.]

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

SECTION 1. All or any slaughter-houses, corrals, or cattle. Nuisances. pens, erected, or hereafter to be erected, in the City and County of San Francisco, otherwise than as is hereinafter provided, are hereby declared to be public nuisances.

SEC. 2. From and after the first day of June, next, it shall Prohibition. not be lawful for any person or persons, to erect, cause to be erected, occupy, or maintain, any slaughter-house, corral, or cattle-pen, in the City and County of San Francisco, unless the same be situated as provided in the next section.

SEC. 3. All slaughter-houses, corrals, or cattle-pens, hereafter Limits. erected in the City and County of San Francisco, shall be situated either south of Mission Creek, or west of Larkin and Johnson streets, and from and after the date above mentioned, no building, corral, or cattle-pen, shall be so used, maintained, or occupied, unless so situated; Provided, nothing in this Act shall be so construed as to legalize nuisances west of Larkin street. SEC. 4. Any person or persons, who may violate the provis- Penalty. ions of this Act, shall be liable to a fine, not less than one hundred dollars, nor more than one thousand dollars, or imprisonment in the County-Jail, for not more than thirty days, or both such fine and imprisonment; and the moneys collected for such fines, shall be paid into the County treasury, for school purposes.

SEC. 5. All Acts, or parts of Acts, inconsistent herewith, are Repealing hereby repealed.

SEC. 6. Nothing in this Act shall be so construed as to deprive the Courts of any jurisdiction under the law as it now exists.

clause.

Translating

CHAP. CLIII.-An Act to procure the translation into the Spanish Language, and to provide for printing, such portions of the Statutes of the years eighteen hundred and fifty, and eighteen hundred and fifty-one, as are now in force.

[Approved April 2, 1859.]

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

SECTION 1. The Secretary of State is hereby authorized and and printing directed to contract with Miguel Smith, agent of the estate of W. E. P. Hartnell, deceased, for the translation and indexes required for the publication of the laws embraced in the schedule annexed to the Concurrent-Resolution relative to the printing and distribution of certain laws in Spanish, found on pages three hundred and sixty-one, three hundred and sixty-two, three hundred and sixty-three, three hundred and sixty-four, and three hundred and sixty-five, of the Statutes of eighteen hundred and fifty-eight, under the schedule of laws of eighteen hundred and fifty, and eighteen hundred and fifty-one, now in force, and for the correction of the proof-sheets thereof, for the Printer, at a rate not to exceed fifty cents per folio, to be paid out of the fund for translation of laws, under the direction of the Board of Examiners. The sum of one thousand dollars is hereby appropriated, to defray the expenses incurred under the provisions of this section.

200 copies.

SEC. 2. The Secretary of State shall cause to be printed, and bound, two hundred copies of the same, and to distribute them in the manner prescribed by law for the distribution of the Statutes in the Spanish language. The expense of printing and binding shall be paid out of the Printing Fund, according to law..

Authorized

estate.

CHAP. CLIV.-An Act to authorize the Executors of Thomas O.
Larkin, deceased, to sell and convey certain Real Estate.

[Approved April 2, 1859.]

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

SECTION 1. The present or future acting executors of Thomas to sell real O. Larkin, deceased, are hereby authorized to sell, at public or private sale, at their discretion, and without having first obtained an order of the Probate Court therefor, such portions of the real estate of the said Thomas O. Larkin, deceased, as, in the judgment of the said executors, shall most promote the interests of those who are entitled to said estate.

Titles to be considered valid.

SEC. 2. On making such sale, or sales, the said executors may convey the property so sold to the purchaser, or purchasers,

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