forfeited, and the Act become null and void. After the expiration of the said twenty years, the said canals, lock or locks, dam or dams, together with the lands described in section three of this Act, shall revert to the State of California; after which time the right to collect toll shall cease. SEC. 5. The said City of Petaluma, or assigns, shall have the Tonnage. right and power to charge and collect seven cents per ton for all vessels passing through the aforesaid lock, or locks, and canals, either way, for the first ten years, and after that time five cents per ton; the tonnage of vessels to be computed as by registration; Provided, that said assigns shall only have the right and power to charge and collect such rates of toll, not to exceed the rates in this section mentioned, as may be stipulated in the contract by which they acquire the right from the said City to do the said work. The said City of Petaluma, or assigns, may regulate and determine the manner and speed of all vessels passing through said lock, or locks, and canals, providing the same shall be reasonable, and any vessels violating any such regulations shall be made to pay such damages as shall be adjudged by a Court of competent jurisdiction. Said City of Petaluma, or assigns, shall, at all times, keep posted, in some conspicuous place, near the entrance of said lock, or locks, the rate of tolls, and the regulations in regard to the manner and speed of vessels passing through said lock, or locks, and canals; and the said City of Petaluma, or assigns, shall, at all times, keep the said lock, or locks, in good working condition, and shall keep constantly in attendance a sufficiency of help to open the said lock, or locks, for the accommodation of all vessels wishing to pass through the same; and any damage that may accrue, by reason of the neglect, or absence, or insufficiency of such help, to perform the duties as herein prescribed, shall be at the cost and expense of the said owners, to be recovered by an action in any Court of competent jurisdiction. CHAP. CCVI.—An Act to audit and allow the Claim of Joseph [Became a Law by operation of the Constitution, April 11, 1859.] The People of the State of California, represented in Senate and SECTION 1. The claim of Joseph Nougues, for labor done, $5,388 42. and materials furnished, on Capitol, under a contract entered into with the State, under an Act entitled an Act to provide for the construction of the State Capitol, in the City of Sacramento, approved April eighteenth, eighteen hundred fifty-six, for five thousand three hundred and eighty-eight dollars and forty-two cents, is hereby audited and allowed. [This bill having remained with the Governor ten days, (Sun days excepted,) and the Senate and Assembly being in session, it has become a law this eleventh day of April, A. D. one thousand eight hundred and fifty-nine. FERRIS FORMAN, Secretary of State.] Lee. Boggs. Clark. Lewis. CHAP. CCVII.—An Act to appropriate Money to pay Certain Claims. The People of the State of California, represented in Senate and SECTION 1. The following sums be, and the same are hereby, appropriated out of any money in the Treasury, not otherwise appropriated, for objects hereinafter expressed: The sum of two hundred and seventy dollars, for the purpose of paying John S. Lee, for services as Journal-Clerk to Senate, from the twentyseventh day of April to the twenty-sixth day of May, A. D. eighteen hundred and fifty-eight; and the sum of fifty dollars, for the purpose of paying John C. Boggs, for arresting an escaped conviet, Thomas Lawrence, in the month of June, eighteen hundred and fifty eight; and the sum of seventeen dollars and fifty cents, to pay Martin Clark, for services as waiter in Insane Asylum, in the month of May, A. D. eighteen hundred and fifty-eight; and the sum of twenty-two dollars, to pay Henry Lewis, for services as assistant cook in Insane Asylum, in the month of April, A. D. eighteen hundred and fifty-eight. Mark & Bros. Cohn & Co. Fanning. CHAP. CCVIII.--An Act to audit Certain Claims. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. The claim of Marks & Brothers, for groceries, provisions, etc., furnished the Insane Asylum, in the month of November, A. D. eighteen hundred and fifty-six, the sum of ninetyseven dollars and seventy-seven cents, is hereby audited and allowed. And the claim of Cohn & Co., for blankets furnished the Insane Asylum, in the month of November, A. D. eighteen hundred and fifty-six, the sum of one hundred and seventy-three dollars and twenty-five cents, is hereby audited and allowed. And the claim of H. M. Fanning, for removing main framebuilding of the Insane Asylum, in August, A. D. eighteen hundred and fifty-six, the sum of seven hundred dollars, is hereby audited and allowed. And the claim of J. J. Ames, for publishing proclamation of Ames. the Governor in the San Diego Herald, in October, A. D. eighteen hundred and fifty-six, the sum of twenty-three dollars and seventy-five cents, is hereby audited and allowed. And the claim of J. Sarles, for milk furnished the Insane Asy- Sarles. lum, in the months of October and November, A. D. eighteen hundred and fifty-six, the sum of one hundred and thirty-seven dollars and twenty-five cents, is hereby audited and allowed. CHAP. CCIX.-An Act amendatory of, and supplemental to, an Act entitled "An Act to create a Board of Water Commissioners in in the County of San Bernardino, and define their Duties," approved March sixth, A. D. eighteen hundred and fifty-seven. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section eleven of said Act is hereby amended so as to read as follows: Section eleven-Any person using the water, when it is not Penalty. his right to do so, and when it belongs to any person below him, and any person obstructing the water of any ditch, either by dam or otherwise; or who shall throw, or cause to be thrown, any filth into any such ditch; or who, under section four of the provisions of this Act, shall obtain a greater quantity of water than is justly his right, according to the number of acres of land actually irrigated, by fraudulently overstating the number of acres to be irrigated by such water, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined not more than fifty dollars for the first offence, and not more than one hundred dollars for every subsesequent offence of like nature, recoverable at the suit of the Overseers, or at the suit of any person injured by such fraudulent statement of number of acres to be irrigated. Such suit may be brought before any Justice of the Peace of the Township, to be appropriated to the payment of Overscers' salaries, or repairing said ditch. Subpoena. Depositions. CHAP. CCX.-An Act to amend an Act entitled "An Act to regulate Proceedings in Civil Cases, in the Courts of Justice of this State," passed April twenty-ninth, eighteen hundred and fifty-one. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section four hundred and three of said Act is hereby amended as follows: Section four hundred and three-The subpoena shall be issued as follows: 1. To require attendance before a Court, or at the trial of an issue therein, it shall be issued in the name and under the seal of the Court before which the attendance is required, or in which the issue is pending. 2. To require attendance out of Court, before a Judge, Justice, or other officer authorized to administer oaths, or take testimony in any matter under the laws of this State, it shall be issued by the Judge, Justice, or other officer before whom the attendance is required. 3. To require attendance before a Commissioner appointed to take testimony by a Court of a foreign country, or of the United States, or of any other State in the United States, or of any other District or County within this State, it may be issued by any Judge or Justice of the Peace, in places within their respective jurisdiction, with like power to enforce attendance, and, upon certificate of contumacy to said Court, to punish contempt of their process, as such Judge or Justice could exercise if the subpoena directed the attendance of the witness before their Courts in a matter pending therein. SEC. 2. Section four hundred and twenty-nine of said Act is hereby amended so as to read as follows: Section four hundred and twenty-nine-Either party may have the deposition taken, of a witness in this State, before any Judge, or Clerk, or any Justice of the Peace, or Notary Public in this State, on serving on the adverse party previous notice of the time and place of examination, together with a copy of an affidavit, showing that the case is one mentioned in the last section. At any time during the forty days, immediately after the service of summons by publication has been completed, and at any time thereafter, when the defendant has not appeared, the notice required by this section may be served on the Clerk of the Court where the action is pending. Such notice shall be at least five days, and, in addition, one day for every twenty-five miles of the distance of the place of examination from the resi dence of the person to whom the notice is given, unless, for a cause shown, a Judge, by order, prescribe a shorter time. When a shorter time is prescribed, a copy of the order shall be served with the notice. SEC. 3. Chapter seventh of said Act is hereby amended so as to read as follows: CHAPTER VII.-OF PROCEEDINGS TO PERPETUATE TESTIMONY. Section four hundred and thirty-seven-The testimony of a witness, or witnesses, may be taken and perpetuated, as provided in this chapter. Section four hundred and thirty-eight-The applicant shall Petition. present to a District or County Judge, a petition, verified by the oath of the applicant, stating, first, that the applicant expects to be a party to an action in a Court in this State, and in such case, the name or names of the person, or persons, whom he expects will be adverse parties; or second, that the proof of some fact, or facts, is necessary to perfect the title to property in which he is interested, or to establish marriage, descent, heirship, or any other matter which may hereafer become material to establish, though no suit may at the time be anticipated, or, if anticipated, he may not know the parties to such suit; and third, the name or names of the witness, or witnesses, to be examined, his or their place of residence, and a general outline of the facts expected to be proved. The Judge, to whom such petition is presented, shall make an order allowing the examination, and prescribing the notice to be given, which notice, if parties are known and reside in this State, shall be personally served on them; and if unknown, such notice shall be served on the Clerk of the County where the property to be effected by such evidence is situated, and a notice thereof published in some newspaper to be designated by the Judge making the order. Section four hundred and thirty-nine-Upon proof of service Deposition. of the notice, as provided in the last section, it shall be the duty of the Judge, before whom the depositions are ordered to be taken, to proceed to take the depositions of the witnesses named in said petition, upon the facts therein set forth, and the taking of the same may be continued, from time to time, in the discretion of the Judge. Section four hundred and forty-The examination shall be by Examinat'n. question and answer, unless the parties otherwise agree. The deposition, when taken, shall be carefully read to, and subscribed by, the witness, then certified by the Judge, and, immediately thereafter, filed in the office of the Clerk of the District Court of the County where the same was taken, together with the order for the examination, the petition on which the same was granted, and the proof of service of notice. Section four hundred and forty-one-The affidavits, or other Affidavits. proof filed with the depositions, or certified copies thereof, shall be prima facie evidence of the facts therein stated. Section four hundred and forty-two--If a trial be had between In case of the parties named in the petition as parties expectant, or their absence. successors in interest, or between any parties wherein it may be material to establish the facts which such depositions prove, or tend to prove, upon proof of the death or insanity of the witness or witnesses, or of his or their inability to attend the trial by reason of age, sickness, or settled infirmity, the deposition or depositions, or certified copies thereof, may be used by either party, subject to all legal objections. But if the parties attend at the |
