Security. issued to James S. Bell, June twelfth, eighteen hundred and fifty-two. SEC. 2. Before said land warrants are delivered to said Evans, or his assigns, the Treasurer shall demand and secure from the said O. M. Evans a bond of indemnity, in the sum of six hundred and forty ($640) dollars. Said bond shall be payable to the State of California, conditioned against the appearance or presentment for location, of the original school-land warrants, herein before mentioned; and said bond shall be executed by at least two good and sufficient sureties, to be approved by the Treasurer of State. Vine and olive exempted. CHAP. CXCIX.-An Act to provide for the better encouragement of the culture of the Vine and the Olive. [Approved April 11, 1859.] The People of the State of California, represented in Senate and SECTION 1. No tax, of any nature whatever, shall be hereafter assessed or collected from the owners, managers, or agents, of newly-planted vines or olives, on account of the same, until the vine shall have obtained the age of four years, and the olive seven years; Provided, that this Act shall not be so construed as to exempt such vines and olives from such assessment and taxes as it may hereafter be deemed necessary for the purpose of irrigation. Board of Trustees. CHAP. CC.-An Act supplementary to, and amendatory of, an Act entitled "An Act to Incorporate the Town of Petaluma," apppoved April the twelfth, eighteen hundred and fifty-eight. [Approved April 11, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section nine of the above-recited Act is hereby amended so as to read as follows: Section nine-The Board of Trustees shall have power, and it is hereby made their duty, to make such by-laws and ordinances, not inconsistent with the laws and Constitution of the United States, and of this State, as they may deem necessary; to prevent and remove nuisances within the limits of said City; to regulate the storage of gunpowder and other combustible materials; to prohibit disorderly conduct; to license and regulate auctioneers, taverns, bar-rooms, theatricals, circuses, and all other shows, elections, and places of amusement; to regulate and license tippling-houses, and dram-shops, hawkers, peddlers, Board of and pawnbrokers; also, to regulate and prohibit all disorderly Trustees. houses of all kinds; to construct public reservoirs, or other works necessary to supply the City with water; to prepare and keep in repair public cisterns and wells; to lay out, alter, keep open, and repair all streets, alleys, sidewalks of the City, and to establish grades of the same. The grading, paving, planking, sewering, and repairing of every kind, shall be done at the equal onethird expense of the adjacent lots, on cach side of the street, and one-third by the City; each separate and distinct owner being at liberty, and being required, under the direction of the President of the Board of Trustees, to do or cause to be done, at his own expense, the work, repairs, and improvements in front of his own premises, one-third of the width of the street. To provide such means as they may deem necessary, to protect the City from injuries of fire; to levy and collect, annually, a tax on all property in the City, subject to taxation, under the laws of the State, not exceeding one per cent. on the assessed value thereof; to levy and collect a school-tax on each male resident between the ages of twenty-one and fifty years, not to exceed two dollars; to impose and collect a tax on dogs, not exceeding five dollars per annum, on every dog found running at large, or owned within the corporate limits of the City; to provide for the impounding of swine and cattle; to establish and regulate markets; to impose and appropriate fines, penalties, and forfeitures of breaches of ordinances passed from time to time; Provided, no ordinance shall fix the fine for one offence above two hundred dollars, or the imprisonment for one offence more than sixty days; to build a City-prison, and establish a Police, if deemed necessary by the Board; to provide for and establish a chain-gang; and to pass such other by-laws and ordinances for the regulation and government of said City as they may deem necessary. And the said Board of Trustees shall have the full power to Petaluma contract for the improvement of the navigation of Petaluma Creek. Creek, between a place on said Creek commonly known as the Haystacks, and the head of navigation, by cutting canals across the points of land making large bends in said Creek, and erecting lock or locks, dam or dams, across said Creek or canals; and they shall, also, have full power to sell, transfer, and convey, all or any part of the rights, privileges, franchises, and immunities, that the State of California may hereafter grant to said City concerning the said improvements of the said Creek, by giving notice of the same, for thirty days, in one or more of the daily papers in San Francisco, stating the work to be done, and the manner in which it is to be done, and appointing a day and place where and when sealed bids will be received and opened; and such parties as may agree to do the same on the most favorable terms, and giving good and satisfactory bond for the faithful performance of the contract, shall be the purchaser; Provided, the said bond and proposal shall be accepted by said Trus tees. CHAP. CCI.-An Act to legalize the Acknowledgments of Instru- [Approved April 11, 1859.] The People of the State of California, represented in Senate and SECTION 1. All acknowledgments of any deeds, mortgages, or any instrument in writing, heretofore taken by or before any Deputy Clerk of the late Superior Court of the City of San Francisco, or by any Deputy County Recorder within any County in this State, either in the name of any of said Deputies or in the name of their principal, by any of said Deputies, shall have the same force and effect in all the Courts of this State, as though the same were taken before the Clerk of the said Superior Court, or before any County Recorder; Provided, nothing in this Act shall be so construed, as in any manner to affect the rights of any subsequent purchasers in good faith. Commission ers. Proposals. Repealing clause. CHAP. CCII.-An Act to provide for the Administration of the Fire [Approved April 11, 1859.] The People of the State of California, represented in Senate and SECTION 1. The President of the Board of Supervisors, the Auditor and the Treasurer of the City and County of San Francisco, and their successors in office, are hereby constituted Commissioners of the Fire Bond Sinking Fund of said City and County. SEC. 2. Said Commissioners shall have the custody and management of said Fund, and shall have power to cause the said Treasurer, from time to time, to advertise for proposals to redeem or surrender said bonds upon the best terms, not exceeding their par value, to the extent of the money at credit of said Sinking Fund, and if no tenders are made, then said Commissioners shall have power to loan said money, or any part thereof, on the security of any bonds of the City and County of San Francisco, or of the State of California, at the best rate of interest obtainable. SEC. 3. All laws, and parts of laws, in conflict with the provisions of this Act, are hereby repealed. CHAP. CCIII.-An Act concerning Public Administrators. [Approved April 11, 1859.] The People of the State of California, represented in Senate and unclaimed surplus. SECTION 1. Whenever it shall appear, from the returns made In case of in pursuance of the foregoing sections, that any money remains in the hands of the Public Administrators, (after a final settlement of the estate,) that is unclaimed by legal heirs or other claimants, and which, in pursuance to law, should be paid over to the County Treasurer, then it shall be the duty of the Probate Judge to order the same to be paid over to the County Treasurer, and, on failure of the Public Administrator to comply with the said order within ten days after the same is made, then it is hereby made the duty of the District-Attorney for the County to immediately institute the requisite legal proceedings against the said Public Administrator, for the procuring of a judgment against him, and the sureties on his official bond, to the amount of the money so withheld, and costs. CHAP. CCIV.-An Act to define the Boundary-Line of Tuolumne [Approved April 11, 1859.] The People of the State of California, represented in Senate and SECTION 1. The boundary-line of the County of Tuolumne is hereby established as follows: Beginning at the south-east corner of San Joaquin County, at the corner where said County adjoins the County of Calaveras, and running in a south-easterly course, on a direct line, to the Big Falls, on the Tuolumne River, in the mouth of the large cañon, one mile north of Dye's sawmill, near Sparks' Old Ferry; thence, in a direct line, to the north-westerly corner of Mariposa County; thence in a northeasterly direction, following the dividing ridge between the Tuolumne and Merced rivers, to the summit of the Sierra Nevada, in a north-westerly direction, to the head-waters of the north Fork of the Stanislaus River; thence in a westerly direction, following the thread of said north fork of the Stanislaus River, to the junction of said north fork with the middle fork of the Stanislaus; thence in a south-westerly direction, following the thread of the Stanislaus River, to the place of beginning. Boundary line. Canal and locks. Capacity. Right of way. Owned by the City. CHAP. CCV.-An Act to grant the right to improve the Navigation of Petaluma Creek. [Approved April 11, 1859.] The People of the State of California, represented in Senate and SECTION 1. The City of Petaluma, or asssigns, shall take, have, possess, and enjoy, all the right of way, franchise, and immunities hereinafter mentioned, and have full power to open and improve the channel of Petaluma Creek, in the county of Sonoma, commencing at a point on said Creek near a place commonly known as the Haystack or Rudesill's Landing, and running to a point on said Creek at the upper line at the foot of Washington street, in Petaluma City, by cutting canal across not less than three of the points of land where the largest bends are made in said Creek, and by constructing and building a lock or locks, dam or dams, in or across said Creek or canals, by which the navigation thereof may be improved, and have and enjoy all the rights, privileges, and immunities thereunto appertaining, or in any way belonging. SEC. 2. The aforesaid improvement shall be of such a nature as to accommodate all vessels adapted to the navigation of the said Petaluma Creek, and the aforesaid canals, when completed, shall be not less than seventy feet wide at the top and fifty-five feet wide at the bottom, and not less than six feet deep, below the surface of average high-tide-water. The aforesaid lock or locks shall be constructed in a good and substantial manner, and of good material, and of sufficient width and capacity to admit of all vessel adapted to the navigation of the said Petaluma Creek to pass through with ease, expedition, and safety. SEC. 3. In consideration of the aforesaid improvements, the right of way for the aforesaid canals, and sixty feet on each side thereof, is hereby granted and conveyed to the said City of Petaluma, or assigns; Provided, the same shall be on the swamp and overflowed lands belonging to the State of California; and whenever the said canals shall pass through the lands of private parties, the said City of Petaluma, or assigns, shall pay the full valuation of all lands thus appropriated, which valuation shall be determined by five appraisers, two of whom shall be selected by the said City of Petaluma, or assigns, and two by the party in interest, and one to be elected by the four appraisers herein provided for, and shall have and enjoy all the rights, privileges, and immunities, thereunto appertaining or belonging to said lands. SEC. 4. The said canals, and all rights, privileges, and immunities, herein granted to the said City of Petaluma, or assigns, shall be, and remain, the property of the same for the term of twenty years from the completion thereof; Provided, that within one year from the passage of this Act, the said City of Petaluma, or assigns, shall commence the construction of the said work, and, within two years thereafter, shall build, and fully complete, the same. Otherwise, the right to construct the same shall be |