Grant of

lands.

Wharfage.

mence at a point known as Chesapeake Bay; thence running along Trinidad Head, in a southerly direction, eight hundred feet; thence, in a north-easterly direction, into the Bay, one hundred and fifty feet, more or less, as necessity may require.

SEC. 2. The State of California hereby grants, to the said Charles B. Ryder, the use of the overflowed lands on each side of said wharf, to the distance of five hundred feet on each side of said wharf, to be used only for the purpose of free ingress and egress of water-craft to and from said wharf, for the period of twenty years from the passage of this Act.

SEC. 3. The said wharf shall be completed at the end of two years from the passage of this Act; and the owner thereof may charge and collect such rates of toll and wharfage as may be allowed him by the Board of Supervisors of Klamath County. Said toll and wharfage to be fixed by said Board every two years, from and after the completion of said wharf.

Jurors to be drawn by ballot.

CHAP. CXC.-An Act to amend "An Act entitled an Act to prescribe the mode of drawing Grand-Jurors and Trial-Jurors in the City and County of San Francisco," passed April second, one thousand eight hundred and fifty-seven.

[Approved April 9, 1859.]

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

SECTION 1. Section two of the above-entitled Act is hereby amended so as to read as follows:

Section two-The Supervisors of each District, in said City and County, or if there be a vacancy in the office of Supervisors, then the School Director of such District shall, annually, during the first week in April, make out from the names of persons resident in his District, found upon the poll-list of that year, a list of persons, and their places of residence, qualified to serve as grandjurors, and not exempt by law, equal to the number apportioned to such District for grand-jurors by the Board of Supervisors, as aforesaid, and another distinct list of persons, also residents in his District, and taken from the poll-list, with their places of residence, qualified to serve as trial-jurors, and not exempt by law, as aforesaid, equal to the number so apportioned to such District, for trial-jurors, and shall return such list, signed and certified by him, to the Board of Supervisors, who shall immediately take action thereon, and may alter said lists by striking any names therefrom, and inserting in the place thereof the names of any persons residing in the proper District liable to serve as jurors, and may also add names of persons so liable, to complete the list. Whenever the full number of names shall not be returned from any District, from the several District-lists by them revised and completed as above provided, the said Board shall make a general list, on which there shall not be less than

four hundred names, from which all grand-jurors shall be drawn, Manner of and another general list, on which there shall not be less than drawing. twelve hundred names, from which trial-jurors shall be drawn, as provided for in this Act, and the said general lists, certified by the President and Clerk of said Board, shall be recorded on the Journal of said Board, and returned to the County Clerk. Immediately thereafter, the County Clerk shall write upon a separate paper, or ballot, each namie contained on the two lists so returned to him, and shall, in the presence of the President of the Board of Supervisors, compare the ballots so made out with the original lists returned, as aforesaid, and deposit in a box, to be prepared for that purpose, all the ballots containing the names returned for grand jurors, and in a separate box, to be likewise prepared for that purpose all the ballots containing the names so returned for trial-jurors. The ballots, before being deposited in the boxes, shall be closely folded so as to conceal the name written upon them. From the box containing the names returned for grand-jurors, all grand-jurors shall be drawn by lot; and from the box containing the names returned for trial-jurors, all trial-jurors shall be drawn by lot.

SEC. 2. The tenth section of said Act, which was amended by the second section of an Act appproved April fourteenth, eighteen hundred and fifty-eight, is hereby amended so to read as follows:

aside.

Section ten-Notwithstanding anything in this Act contain- May be set ed, whenever any Court, or Judge, in said City and County, upon making an order for the summoning of any jury, or jurors, shall be of opinion that such jury, or jurors, can not be readily obtained under the provisions of this Act, such opinion may be set forth in said order, and thereupon such jury, or jurors, may, regardless of the provisions of the preceding sections of this Act, be obtained in accordance with the general statute-law of the State governing in the matter of juries and jurors; and all provisions of law heretofore repealed by this Act are hereby revived, so as to give full force and effect to the provisions of this section.

CHAP. CXCI.-An Act making Appropriations for Deficiencies in the Appropriations made for the Tenth Fiscal Year, ending the thirtieth day of June, A. D. one thousand eight hundred and fifty-nine.

[Approved April 9, 1859.]

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

SECTION 1. The following sums of money are hereby appro- Appropriat'n priated, out of any money in the General Fund not otherwise of money. appropriated, for the objects hereinafter expressed:

For Salaries of Members of the Board of Examiners, six hundred and eighty dollars, and fifty cents.

Deficiencies. Salary of Clerk to Board of Examiners, two hundred and thirty-three dollars, and thirty-three cents.

Contingent

Fund of

Senate and
Assembly.

Salary of Secretary to Supreme Court, fifty dollars.

Salaries of Clerks to Controller, two hundred and thirty-three dollars, and thirty-three cents.

Expenses of the Stamp Act, five hundred dollars.

For support of the State Insane Asylum, two thousand four hundred dollars.

For contingent expenses in the office of the Attorney-General, two hundred and thirty-five dollars.

For pay of Clerk in the office of the Attorney-General, five hundred dollars.

For costs of suits where the State is a party, to be expended under the direction of the Attorney-General, two thousand five hundred dollars.

For contingent expenses in the office of the Treasurer of State, six hundred dollars.

For contingent expenses of the Senate, three thousand dollars.

For contingent expenses of the Assembly, four thousand dol

lars.

For rewards for the arrest of escaped convicts, three thouand dollars.

To meet deficiencies in the appropriation made by Act of February twenty-sixth, one thousand eight hundred and fifty-eight, "An Act to provide for the temporary government of the StatePrison, and to appropriate money therefor," the sum of seven thousand five hundred dollars.

SEC. 2. The sums herein appropriated as a Contingent Fund of the Senate and Assembly, shall be disbursed under the direction of the body to which it may respectively belong, and shall not be subject to any of the provisions of an Act entitled "An Act to create a Board of Examiners, to define their powers and duties, and to impose certain duties upon the Controller and Treasurer," approved April twenty-first, eighteen hundred and fifty-eight.

Town incorporated.

CHAP. CXCII.-An Act to incorporate the Town of Eureka.
[Approved April 9, 1859.]

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

SECTION 1. The inhabitants of the Town of Eureka, in the County of Humboldt, are hereby declared incorporated under the name and style of "The Town of Eureka," and by that name they shall have perpetual succession, may sue and be sued, may acquire, purchase, receive, and hold property, within the corporate limits of said Town, for their common benefit, and sell,

or otherwise dispose of the same, and may have a common seal, and alter the same at their pleasure.

SEC. 2. The boundaries of said Town shall be as follows: Boundaries. commencing at a point in Humboldt Bay, one hundred yards north of the corner of "S" and First streets, as laid down on a map of said Town, made in one thousand eight hundred and fifty, and now on file in the Recorder's office of Humboldt County; thence southerly, along said "S" street, to Sixteenth street; thence westerly, along said Sixteenth street, to "A" street; thence northerly, along said "A" street, to the intersection of the subdivisional line, forming the south boundary of tract number three, of section twenty-two, Township five north, of range one west, Humboldt meridian, according to the U. S. surveys; thence west, along said subdivivisional line, to a line separating the U. S. public lands from the State marsh-lands, according to said survey; thence northerly, along said line of separation, to its intersection with said "A" street; thence northerly, along said "A" street, to the corner of "A" and First streets; thence north, one hundred yards, to a point in Humboldt Bay; thence easterly, parallel with First street, to the place of beginning.

SEC. 3. The officers of the Town of Eureka shall consist of a Officers. Board of five Trustees, a Treasurer, Marshal, and Assessor, who shall severally be elected at any regular election held for that purpose, by the qualified electors of the Town, and shall hold their offices for one year, and until their successors are elected and qualified.

SEC. 4. No person shall be eligible to any office in said Town Eligibility. who is not a qualified elector thereof, and who shall not have resided in this State for one year, and within said Town for six months, next preceding his election, and no person shall be entitled to vote, at an election for Town officers of said Town, other than qualified electors of this State, and who shall have resided within said Town thirty days next preceding such election.

SEC. 5. The election for officers of said Town shall be held Elections on the third Monday of June of the present year, and the same day in each year thereafter. It shall be the duty of the Trustees, at least ten days prior to such election, to give notice thereof, by publication in some newspaper published in said Town, if one be published therein, or if not, then by posting said notice in at least three conspicuous places in said Town, designating in said notice the place of holding said election, and appointing an Inspector and two Judges of said election. Said Inspector and Judges shall be governed, in conducting said elections, by the laws regulating elections and defining their powers and duties. They shall, within five days after any election, return to the Board of Trustees the poll and tally-list of such election, who shall, within ten days after said election, make and deliver to the five persons receiving the highest number of votes cast for Trustees, certificates of their election as Trustees of said Town; and to the other persons receiving the highest number of votes cast for other offices, certificates of their election to such offices, respectively. The Board of Trustees shall judge of the qualifications,

Oath and bonds.

Clerk to

Board of

Trustees.

Meetings.

Quorum.

Power of the
Board.

election, and returns, of their own members, and determine contested elections of all Town officers.

SEC. 6. The officers of said Town, chosen at any election, or appointed to fill a vacancy, shall, before entering upon the duties of their respective offices, and within ten days after the receipt of their certificate of election or appointment, take and subscribe the oath of office prescribed by law to be indorsed on said certificates, before any officer authorized to administer oaths; and the Treasurer, Assessor, and Marshal, shall give bonds for the faithful performance of the duties of their respective offices, payable to the Town, by its corporate name, to be approved by the Board of Trustees, and in such penalties as they shall pre

scribe.

SEC. 7. The Board of Trustees shall meet on the second Saturday after their election, and shall then elect one of their number as President, and appoint a suitable person as Clerk, who shall severally hold their offices for one year, unless sooner removed.

SEC. 8. The regular meetings of the Board of Trustees shall be held on the first Saturday of each month, and may adjourn, from day to day, until the business before the Board is disposed of. The President shall also have power to call extra meetings, when, in his judgment, it shall be necessary, by giving notice to the other Trustees. All meetings of the Board shall be public.

SEC. 9. A majority of the Board shall be a quorum, to transact business, and each member shall have one vote. They shall keep a Journal of their proceedings, and, at the request of any member, shall cause the ayes and noes to be taken, upon any question, and entered upon the Journal. The President of the .Board shall preside at the meetings of the same, appoint committees, exercise a supervision over the acts of the other Town officers, and over the general interests of the Town, and countersign all warrants and licenses issued by the Town, and all orders upon the Town Treasurer.

SEC. 10. The Board of Trustees shall have power:

First-To make by-laws and ordinances, not in conflict with the Constitution and laws of the United States, or of this State; to prevent and abate nuisances; to suppress vagrancy, and to prohibit disorderly conduct; to provide for licensing theatrical and other amusements, lawful games, and bars at which spirituous liquors are sold in said Town; to provide for licensing any or all business not prohibited by law, and to apportion such licenses, according to the amount of business transacted; and to act as a Board of Equalization of Assessments.

Second-To open, construct, grade, and repair, streets, alleys, lanes, public places, and sidewalks, and to construct and repair wharves, bridges, fences, public places, and to authorize the same to be done; to regulate the rates of wharfage and toll, and to provide for the preservation of all commons and burial-grounds belonging to the Town.

Third-To have obstructions removed from the streets, wharves, alleys, lanes, public places, or sidewalks, at the expense of owners of lots or lands adjacent thereto, or otherwise, as may seem just and proper.