a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars, or by imprisonment in the County-jail, not exceeding two months, or by both such fine and imprisonment. CHAP. CCXVIII.-An Act to Provide for Settling the Boundaryline between the Counties of Yuba and Butte. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. For the purpose of establishing and settling the survey. boundary-lines between the Counties of Yuba and Butte, the Surveyor-General is hereby authorized and required to survey, or cause to be surveyed, at the equal expense of said Counties, the boundary-line between said Counties, in accordance with the statute or statutes providing for their organization and boundaries. SEC. 2. The Surveyor-General shall cause a copy of such sur- Copies of vey, with the plat or map thereof, to accompany the same, to be Survey. made out in triplicate, one copy of which shall be deposited with the County Clerk of the County of Yuba, one copy with the County Clerk of the County of Butte, and the other copy in the office of the Surveyor-General; and said line, when thus defined and settled, shall thereafter be regarded as the legally established boundary-line between said Counties of Yuba and Butte. CHAP. CCXIX.—An Act fixing the Terms of the County Court, Pro- The People of the State of California, represented in Senate and SECTION 1. The Court of Sessions, County, and Probate Courts, Court of in and for the Counties of Sonoma, Marin, and Mendocino, shall Sessions. be held at the same term viz.: commencing on the first Monday in the month of February, May, August, and November, of each year; Provided, that the County Judge may call and hold special terms of said Courts whenever the public interest may require it; and at all terms of said Courts, the business pertaining to the Court of Sessions shall first be disposed of, and, after that, the business of the County Court and Probate Court, in the order in County which they are named. This order shall be observed as a rule Court and of precedence only, and after the business of one Court is dis- Court. Probate Repealing clause. posed of, the business of the other may be taken up on the same day, in such order as the County Judge may determine. SEC. 2. All Acts, and parts of Acts, in any manner conflicting with this Act, are hereby repealed. County Court and Special tax. Repealing clause. CHAP. CCXX.-An Act to fix the Terms of the County Court and [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. The regular terms of the County Court in and for the county of El Dorado shall be held at the County-seat of said County, on the first Monday of January, May and September, in each year. The regular terms of the Court of Sessions in and for said County shall be held on the first Monday of March, July and November, of each year, and shall continue until the commencement of the next term, unless all the business of the Court be sooner disposed of. SEC. 2. Whenever, in the opinion of the County Judge of said County, the public interest shall require a special term of said Courts to be held, on a day other than those named in the preceding section, he may, by order, direct the same; and said Courts, at such special terms, shall be, and are hereby, vested with all powers now by law vested in such Courts at regular terms; and the proceedings thereof shall have the like force and effect as if had at a regular term. SEC. 3. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. This Act shall take effect from and after the first day of May, A. D. eighteen hundred and fifty-nine. Vote for or against Convention. CHAP. CCXXI.-An Act recommending to the Electors of the State to vote for or against a Convention to revise and change the Constitution of the State. [Approved April 12, 1859.] The People of the State of California, represented in Senate and SECTION 1. It is hereby recommended to the electors of the State, at the first election for Members of the Legislature had after the passage of this Act, to wit, on the first Wednesday in September, eighteen hundred and fifty-nine, to vote for or against calling a Convention to revise and change the Constitution of this State. The ballots used at such election may con tain the words, "For a Convention," or the words, "Against the Convention," or words to the same effect, written or printed thereon; and the Inspector and the Judges of Election, at each and every poll in the State, shall ascertain and make returns of the number of votes cast in favor of a Convention, and the number of votes cast against a Convention, as aforesaid, in like manner, and with the same particularity, as other votes are required by law to be counted and returned; and an abstract thereof, as well as an abstract of all the votes cast in each County of the State for Members of the Legislature, shall be transmitted, by each and every County Clerk of the State, to the Secretary of State, in the same manner, and at the time that votes for State officers are now by law required to be transmitted. the vote. SEC. 2. The Secretary of the State shall prepare, and lay be- Abstract, of fore the Senate and Assembly, at the commencement of the next session of the Legislature, in January, A. D. eighteen hundred and sixty, or as soon thereafter as possible, a complete abstract of the whole number of votes cast "for" and "against" a Convention, as, also, the votes for Members of the Legislature; a majority of the aggregate vote of the State cast for Members of the Legislature being in favor of a Convention, said Convention shall be deemed to have been called. CHAP. CCXXII.-An Act making Certificates of Purchase, or of [Approved April 13, 1859.] The People of the State of California, represented in Senate and SECTION 1. The certificate of purchase, or of location, of any Certificate of lands in this State, issued or made in pursuance of any of the purchase. laws of the United States, or of this State, shall be deemed prima facie evidence of legal title in the holder of said certificate of purchase, or location, or his assignees. CCXXIII.-An Act to authorize the Weaverville and Shasta Wagon- PREAMBLE - [Approved April 13, 1859.] Whereas, The papers hereinafter named were duly filed in the Recorders' offices of the Counties of Shasta and Trinity, prior to the first of May, eighteen hundred and fiftyeight, and those filed in the Recorder's office of Shasta County have been accidentally lost, or mislaid: Therefore, Copies of The People of the State of California, represented in Senate and SECTION 1. At any time before the first day of May, eighteen lost papers. hundred and fifty-nine, the President and Directors of the Weaverville and Shasta Wagon-road Company may file, or cause to be filed, in the offices of the Recorders of the Counties of Trinity and Shasta, and in the office of the Secretary of State, copies of the notices, certificates, and surveys, required to be filed by section eleven of an Act entitled an Act to authorize the formation of corporations for the construction of plank or turnpike-roads, passed May twelfth, eighteen hundred and fifty-three, and the filing and recording of such notices, certificates, and surveys, as aforesaid, shall have the same force and effect as if they had been so filed and recorded in said offices prior to the first day of May, eighteen hundred and fifty-eight. Mileage CHAP. CCXXIV.-An Act relating to the Office of Sheriff in the [Approved April 13, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Sheriff of the County of San Mateo shall be allowed to charge and receive, for mileage, as traveling-fees in making service of any process, or order, of any Court, in civil business, and in going, only, fifty cents per mile; the distance to be computed in all cases from the Court-house of the County. In criminal business, said Sheriff shall be allowed to charge for mileage the rates heretofore fixed by law. Public highways. Road Commissioners. CHAP. CCXXV.-An Act concerning Roads and Highways in San [Approved April 13, 1859.] The People of the State of California, represented in Senate and SECTION 1. All roads shall be considered as public highways which are now used as such, and have been declared such by order of the Court of Sessions or Board of Supervisors, or which may be hereafter so declared by the Board of Supervisors. SEC. 2. The road districts shall be coincident with the Supervisors' districts in the county, and each member of the Board of Supervisors shall act as Road Commissioner in his respective district, whose powers and duties are hereinafter prescribed. SEC. 3. The Road Commissioners shall cause all the public Repairs. highways within their respective districts to be kept clear from obstructions and in good repair, causing banks to be graded, bridges and causeways to be made where the same may be necessary, to keep the same in good repair, and to renew them when destroyed. SEC. 4. The Road Commissioners shall have power to make May use use of any ground or dirt for improving the roads, which may be earth. absolutely necessary, from any adjacent unimproved lands, and the Board of Supervisors may allow such damages, if there be any, to the owners of said lands, as they may deem just; Provided, that said Supervisors shall be liable to pay damages to the County, at the suit of any citizen, if it shall be proved that they have allowed extraordinary and extravagant damages. SEC. 5. The Board of Supervisors shall have power, and it Road tax. shall be their duty to levy, if they shall deem it necessary, a road-tax of four dollars, each and every year, on all able-bodied men between the ages of twenty and fifty years; and they may levy a property-tax each year, which shall not exceed ten cents on the one hundred dollars, for road purposes, to be levied and collected at the same time and in the same manner as other property taxes are collected. collection. SEC. 6. The property-tax so levied shall be collected by the Manner of Sheriff or Tax-Collector of the County, in the same manner as in the collection of other taxes, and he shall pay the money over to the Treasurer of the County, as other taxes are required to be paid over, to the credit of the Road Fund. SEC. 7. The Board of Supervisors shall appropriate the moneys Road fund. in the treasury, belonging to the Road Fund, from time to time, among the several districts, as they may deem proper and just, for the purpose of building bridges, or repairing the same, or the making or repairing of roads. SEC. 8. For the purpose of ascertaining the names of the per- Assessment. sons liable to road-tax in the several districts, it shall be the duty of the County Assessor, when making his assessments for the current year, to place, in a separate column of his assessment list, opposite the name, of each person, the number of the Supervisor's district in which he resides, from which list each Road Commissioner can ascertain the names of the persons liable to road-tax in his district, and if he shall find any persons in his district who have not been assessed by the County Assessor, he shall be authorized, and it shall be his duty, to assess them. SEC. 9. The road-tax for road purposes, shall be collected May pay in by the Road Commissioners in their respective districts, and any person prefering to pay his road-tax in labor, may do so, at the rate of two dollars per day. SEC. 10. Immediately after the assessment shall have been made, of the road-tax, the persons assessed shall be liable to be called on by the Road Commissioner for the amount of their tax, either in money or labor, whenever he shall find it necessary to make or repair roads or bridges. It shall be the duty of the Commissioner, when he desires to have labor upon the roads or labor. Collection. |