Rights. scribed, to the said Oliver M. Wozencraft, and his associates, and to his and their heirs, and assigns, forever. And this Act, with a duly certified copy of said report of said Commissioners, so filed, showing that the terms of this Act have been complied with, shall be sufficient evidence of title in the said grantees, their heirs, and assigns, to enable them to recover and defend the possession of said land, or any part thereof, or to maintain actions for injury thereto, in all Courts of this State having jurisdiction in the premises. SEC. 8. The said O. M. Wozencraft, together with such associates as he may admit, shall take, have, possess, and enjoy, all the rights, privileges, right of way, and water-franchises, and immunities heretofore mentioned, upon condition that he and his associates shall incorporate themselves, under the general law of the State, regulating corporations, within twelve months from, and thereafter, the passage of this Act; being ever subject to the provision of section two of this Act, protecting the navigation of the Colorado River. Change of name. CHAP. CCXXXV.-An Act to change the name of Frederick Ferdinand Seidenbinder to Frederick Ferdinand Seiden. [Became a Law by operation of the Constitution, April 15, 1859.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for the person heretofore known as Frederick Ferdinand Seidenbinder to change his name to Ferdinand Seiden. [This bill having remained with the Governor ten days, (Sundays excepted,) and the Senate and Assembly being in session, it has become a law this fifteenth day of April, A. D. one thousand eight hundred and fifty-nine. FERRIS FORMAN, Secretary of State.] $2,417 18, CHAP. CCXXXVI.—An Act to authorize the Board of Supervisors of San Joaquin County to audit and allow a certain Claim. [Approved April 15, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of San Joaquin County are hereby authorized to audit and allow C. A. Hutchinson and Company, for grading the County portion of streets within the corporate limits of the City of Stockton, any sum not to exceed two thousand four hundred and seventeen dollars and eighteen cents, and to levy a special tax for the payment thereof. CHAP. CCXXXVII.-An Act to amend an Act entitled "An Act authorizing the Board of Supervisors of Los Angeles County to contract a Loan, for the purpose of Erecting a Court-House and Completing the same," approved April twenty first, eighteen hundred and fifty-eight. [Approved April 15, 1859.] The People of the State of California, represented in Senate and and Jail. SECTION 1. The title of an Act, approved April twenty-first, Court-house eighteen hundred and fifty-eight, entitled "An Act authorizing the Board of Supervisors of Los Angeles County to contract a loan, for the purpose of erecting a Court-house and completing the same," is hereby amended, so as to read, "An Act authorizing the Board of Supervisors of Los Angeles County to contract a loan, for the purpose of erecting a Court-house, and to complete the County-jail." SEC. 2. Section one of said Act is hereby amended so as to read as follows: Section one-For the purpose of building a Court-house, and fin- Loan may be ishing the County-jail, the Board of Supervisors of Los Angeles contracted. County are hereby authorized to contract a loan, not to exceed eighty thousand dollars, at a rate of interest not to exceed ten per cent. per annum, payable annually, on the first day of January of each and every year, until paid, at the office of the Treasurer of Los Angeles County; said loan to be contracted, paid, and the proceeds thereof applied, as herein set forth. SEC. 3. Section ten of said Act is hereby amended so as to read as follows: Section ten-This Act shall be published in the Los Angeles Publication. Star, Semi-Weekly Vineyard, or some other Los Angeles paper, in the English language, and the Clamor Publico, or some other Los Angeles paper, in the Spanish language, for three weeks next previous to the election, to be held on the first Wednesday in September, of any such year as the Board of Supervisors of said County may elect, prior to the year one thousand eight hundred and sixty-nine, and, at such election, the electors are hereby instructed to vote for a loan, or against a loan; and if, upon the official returns of the election, it shall appear that a majority of those voting thereon shall have voted in favor of a loan, this act shall take effect on the first day of October, next ensuing the election whereby the loan shall have been carried, in case that, on any future election, an attempt to provide for a loan, under the provisions of this Act, shall prove successful; and this Act shall be so construed as to admit of as many trials to be made, as herein provided, as the Board of 'Supervisors, for the respective years, counting from this present time, up to one thousand eight. hundred and sixty-nine, may deem meet and proper. Directors may con demn lands. Compensatin mined: CHAP. CCXXXVIII.-An Act to provide for condemning or purchasing certain Lands adjoining the State-prison Ground at San Quentin, for State-prison Purposes. [Approved April 15, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Board of State-prison Directors, created by "An Act for the Government of the State-prison convicts, and to provide for the location of a Branch Prison," "approved April twenty-fourth, one thousand eight hundred and fifty-eight," are hereby empowered to take possession of, and use immediately, such lands as are necessary for the purpose of brick-making at said Prison; they may purchase such additional grounds adjacent to said Prison as the public use may require, for the purposes of said Prison; Provided, the same shall not cost more than ten dollars per acre; And provided, further, that said Board of Directors are hereby empowered to purchase, if they deem the price not too exorbitant, such grounds as are needed for the immediate necessity of brick-making at said Prison, at a greater price than ten dollars per acre. SEC. 2. Whenever said Board shall not have acquired titles to be deter by purchase, or gift, to such additional grounds, or real estate as aforesaid, it shall be lawful for said Directors, by petition, signed by the Attorney-General, describing with convenient certainty and accuracy, by map or otherwise, the said grounds or real estate, so required for the public use at said Prison, setting forth the name and residence of each owner, or owners, or such person, or persons, interested therein, in any manner whatever, or who shall claim any interest therein, present or future, so far as the same are known to the Attorney-General, or shall so appear by record, to apply to the Judge of the District Court, in and for the County of Marin, either in term-time, or vacation, praying the appointment of Commissioners to ascertain the compensation to be made to the person, or persons, lawfully entitled to the same, for such grounds or real estate therein described. The said Judge shall require satisfactory evidence of service of notice of such application, together with the time and place the same will be heard, either by personal service, or by publication in some newspaper, as the said Judge may direct. At the time and place appointed for the hearing of such application if the said Board, and such interested parties as may appear do not agree upon at least two Commissioners, who, in that event are authorized, in case of their disagreeing, to choose a third, then the said Judge shall, by an order entered in his minutes, ap point five competent disinterested persons Commissioners, to ascertain such compensation as aforesaid. Said Judge shall, by an order in his minutes, specify a time and place for the meeting of the Commissioners. Commission ers. The said Commissioners, before entering upon the duties of Power of their office, shall be sworn, and any one of them may administer oaths to witnesses produced before them, and any one of them may issue subpoenas, and they shall have power to punish contempt, as a Court or Judge; and they may adjourn from day to day, to enable the parties to procure testimony, but for no longer period than one day, without the consent of both parties, or their attorneys, unless otherwise ordered by said Judge, for good cause shown. The said Commissioners, having heard the proofs and allegations of the parties, shall, by a majority vote, without fear, or favor, or partiality, ascertain and certify the compensation proper to be made to the owner, or owners, or parties interested, as aforesaid, in said grounds or real estate, which said ascertainment and certificate shall be signed by the Commissioners finding the same, and by them, immediately thereafter, filed in the office of the Clerk of said District Court. Either party, by motion, showing proper cause therefor, may cause the proceedings of said Commissioners to be inquired into by said District Judge, and if the same are regular, and the proceedings appear to be done in good faith, he shall, by order, confirm their finding and conclusion; otherwise, he shall make such order as may be just and proper, in reference to a re-trial of the same, or any part of the said proceedings, but no more than two re-trials shall, in any event, be had. Should no motion for re-trial be had within twenty days after the finding of the Commissioners, or no notice of motion for the same be given by either party within ten days thereafter, then their finding shall stand as the true ascertainment of valuation; and whenever said valuation shall be finally fixed, as aforesaid, then the Board of Directors may, upon paying into said Court the amount so fixed, become possessed of all, or any part, of said grounds, or real property; and they shall cause correct copies, under the seal of the said Clerk of said Court, of the petition and other pleadings, if any, together with the finding and certificate of said Commissioners, and all orders of the said Judge made in said proceedings, and the minutes of said Court on the receipt of the said moneys, to be filed in the office of the Secretary of State, and thereafter the State of California shall be the owner of said grounds and real estate, in fee-simple. $2000. CHAP. CCXXXIX.-An Act to fix the Salary of the County Judge of Alameda County. [Approved April 15, 1859.] The People of the State of California, represented in Senate and SECTION 1. The County Judge of Alameda County, to be elected at the next general election, shall receive the sum of two thousand dollars per annum, as compensation for his services, during his term of office. Public highways. Road Notified of CHAP. CCXL.-An Act concerning Roads and Highways in Shasta County. [Approved April 15, 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. It shall be the duty of the Board of Supervisors of Shasta County to divide the County into a suitable number of road districts, and to appoint, annually, or whenever vacancies may occur, an Overseer for each district, whom they shall have power to remove at pleasure. SEC. 3. The County Clerk shall notify all persons who have appointment been appointed Road Overseers, within ten days after such appointment has been made, informing them of such appointment, and describing the boundaries of their district. Repairs. May use earth. Road-tax. SEC. 4. The Road Overseers shall cause all public 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. 5. The Road Overseers shall have power to make use of any gravel or dirt for improving the roads, which may be absolutely necessary, from any adjacent unimproved lands, and the Board of Supervisors may allow such damages, if there be any, to the owner 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. 6. The Board of Supervisors shall have power to levy a road-tax on all able-bodied men, between the ages of twenty-one and fifty years, which shall not exceed four dollars per annum; |
