Office. Repealing clause. discharge all the duties imposed and enjoined, by, and on said officers, as prescribed by law. SEC. 5. The County Recorder shall keep his office at the Seat of Justice, in said County. SEC. 6. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed, so far as they relate to the County Recorder, and his ex officio offices, in the County of Sierra; Provided, that nothing in this Act shall be held to affect the office of County Clerk, and his ex officio offices, in said County, until the first Monday in October, A. D. one thousand eight hundred and fifty-nine. Commission ers. Meet in June Proportion of debt. Interest. CHAP. CCLXXV.-An Act amendatory of an Act approved March third, one thousand eight hundred and fifty-eight, entitled an Act to amend an Act to create the County of Del Norte, to define its Boundaries, and provide for its Organization, approved March second, one thousand eight hundred and fifty-seven. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section second of said Act is hereby amended so as to read as follows: There shall be, and are hereby, appointed three Commissioners, viz.: William M. Bird, of Klamath County; Benjamin F. Dorris, of Del Norte County; and A. H. Murdock, of Humboldt County, whose duty it shall be to determine the amount of indebtedness of Klamath County, justly chargeable to Del Norte County, at the time of the organization of Del Norte County, together with the interest that has accrued thereon since the funding of said debt. The said Commissioners shall meet at Orleans Bar, the Countyseat of Klamath County, on the first Monday in June, A. D. one thousand eight hundred and fifty-nine, or as soon thereafter, and previous, to the first day of July of the same year, as may be practicable, and enter upon the discharge of the duties herein before mentioned. They shall first proceed to ascertain the whole amount of the indebtedness of Klamath County prior to the organization of Del Norte County, and when the amount of said indebtedness is so ascertained, they shall determine what proportion of such indebtedness shall be paid by the County of Del Norte, taking as a basis the source of revenue of the two Counties from the first day of June, A. D. one thousand eight hundred and fifty-seven, to the first day of January, A. D. one thousand eight hundred and fiftyeight, as shown by the statements furnished them by the respective Auditors of the Counties of Klamath and Del Norte. When they shall have apportioned the debt as herein before required, they shall proceed to compute the interest which shall have accrued upon the bonds issued for said debt, and divide the payment of said interest between the Counties in the same proportion as the amount of indebtedness shall have been fixed, and any portion of said indebtedness, or interest, upon said bonds, that may have been paid by the County of Klamath, shall be properly placed to the credit of Klamath County. A statement of the amount so agreed upon as a just propor- Statement. tion of the debt and interest to be paid by Del Norte County, as soon as ascertained, shall be forwarded to the Board of Supervisors of each County, and to the Auditor of Del Norte County, and as soon as the said Auditor shall have received such statement, properly certified to by a majority of said Board of Commissioners, he shall draw a warrant, bearing interest at the rate of ten per cent. per annum, on the Treasurer of Del Norte County, in favor of the Treasurer of Klamath County, for the amount so apportioned, payable as provided for in sections nineteenth and twentieth of the Act approved March second, one thousand eight hundred and fifty-seven, herein before mentioned. The Auditor of Klamath County and the Auditor of Del Norte County shall each furnish to the Board of Commissioners, previous to the first day of June, A. D. one thousand eight hundred and fifty-nine, statements, made under oath, of the respective amounts of revenue of the two Counties, as derived from all sources for the time herein before mentioned. CHAP. CCLXXVI.-An Act to provide for the Location of School- [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. Persons holding school-land warrants may locate Location of the same, upon any of the unsurveyed lands of the United States warrants. subject to such location, under the provisions of the Act of Congress granting the five hundred thousand acres to the State for purposes of internal improvement; Provided, that any person desiring to make such location, shall file with the County Surveyor of the County in which the land is situated, an affidavit, setting forth that to the best of his knowledge and belief there is no adverse claim or title to the land, and that the same is subject to location, under the provisions of the Act of Congress making the grant. The County Surveyor shall then make the location, accurately describing the land by township, range, section, and parts of sections, after the method of the United States surveys. He shall then transmit to the Surveyor-General of the State, with the affidavit and warrant, a certificate of location, with a description of the land located, the number of the warrant, name of party, and he shall also certify that he is well ac Examined General. quainted with the method of surveying the public lands, and that the location was made by actual survey, from known United States corners. The County Surveyor shall also furnish a copy of the cer.ificate of location to the party for whom the location was made, who shall cause the same to be recorded in the office of the County Recorder. SEC. 2. The Surveyor-General shall carefully examine the loby Surveyor- cation, with reference to plats and school-land warrant returns, in his office, and if he shall find the same to be properly made, he shall, after the expiration of sixty days from the receipt of the certificate of location, (provided the location is not contested,) notify the Register and Receiver of the United States Land Of fice, in the District in which the land is situated, that the State has selected the tract of land described, in part satisfaction of the five-hundred-thousand-acre grant. Certificate of purchase. Expenses. Patents. Taxable. Mineral lands exempted. SEC. 3. After the approval of the location, the Surveyor-General shall indorse the same upon the warrant, with a note of his approval, and surrender the warrant thus indorsed to the Register of the State Land Office, who shall cancel the same, and issue to the locator a certificate of purchase; Provided, however, if there are two or more claimants under the same warrant, or to the same tract of land, the certificate of purchase shall not be issued until the rights of the claimants have been determined, in the proper Courts. SEC. 4. All expenses attending the survey and location of lands, under the provisions of this Act, shall be paid by the person or persons making the location. SEC. 5. All warrants located under the provisions of this Act, shall be deemed valid, as though such location had been made upon any regularly surveyed lands; and patents may be obtained in the same manner as is now provided for warrants located upon surveyed lands; Provided, however, that no location, under this Act, shall in any manner affect the right of persons holding lands under the pre-emption laws of this State, or of the United States. SEC. 6. Lands located under the provisions of this Act shall be taxable from the date of the certificate of purchase of the same. SEC. 7. Nothing in this Act shall be construed to allow the location of school-land warrants upon reserved or mineral lands, or to prevent any citizen of the United States, or of this State, from entering upon and working any of the lands in this State containing gold, or other precious minerals, or salines; And provided, further, that should any lands located under the provisions of this Act, not be finally confirmed to this State by the General Government, the State shall in no event be responsible to the locator, or those holding under him, for constructive damages; but the warrant for the same may be floated, as in other cases provided by law; Provided, that such certificate of purchase, or of location, shall not affect any lands, or the title thereto, held in adverse possession at the date of location, or purchase thereof. CHAP. CCLXXVII.-An Act to provide for the Purchase, or Building, of a Turnpike Road, in the County of Yolo. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. At the next general election, there shall be sub- Vote for or mitted to the qualified electors of Yolo County the question of against. levying a special tax, for the purpose of building, or purchasing, a Turnpike Road across the tule lands, west of Sacramento River, in said County, in the following manner: by ballots, marked, "For the Turnpike Road," "Against the Turnpike Road." Should a majority of the qualified electors of said County vote In case of for the Turnpike Road, the Board of Supervisors shall levy a tax approval. of one-fourth of one per cent. upon all the taxable property of said County, to be collected pursuant to the Revenue Laws of this State, which tax shall be set aside, and constitute a Turnpike Fund, and be appropriated to the building, or purchasing, of a Turnpike Road. SEC. 2. The Board of Supervisors shall, at their first regular Commissionmeeting after said election, appoint three Commissioners, (one ers. from each Supervisor District,) whose duty it shall be to ascertain the amount for which the Yolo Turnpike Road, owned by Jacob L. Lewis, can be purchased by the County, and also estimate the cost of building a good and sufficient Turnpike Road, in a direct line from the Town of Washington to the Ranch of William Minnis, and report the same to the Board of Supervisors, at their next regular meeting, or at any meeting of said Supervisors specially called for that purpose. Upon the reception of the report of said Commissioners, the Board of Supervisors may, in their discretion, either purchase the Yolo Turnpike Road, owned by Jacob L. Lewis, or authorize the building of a new road. The said Commissioners shall receive, as a compensation for their services, the sum of four dollars per day, for each day's actual service, and the Supervisors shall audit and allow the same. SEC. 3. Should the Board of Supervisors determine to build Award the a new road, the Commissioners mentioned in section two shall contract. proceed to view out a road in a direct line from the Town of Washington to the Ranch of Wm. Minnis, in said County, and advertise in some newspaper, to be designated by the Board of Supervisors, for sixty days, the time, place, and manner, of letting the contract to build said road, in accordance with a plan or specification, either furnished or approved by the Board of Supervisors, which specification shall require said road to be completed within one year from the letting of the contract. The Commissioners shall award the contract to the lowest responsible bidder, under the instructions, and subject to the approval, of the Board of Supervisors. Should the Board of Supervisors fail to approve of the award of contract, the Commissioners shall, at any time within ten days, proceed to let the contract anew. SEC. 4. The Board of Supervisors shall, if demanded, after When half completed. Conveyance. Tax to cease. In case of surplus. one-half of said road has been completed, in accordance with the specifications in the contract, and upon a certificate of that fact from the aforesaid Commissioners, authorize the County Auditor to draw his warrant upon said Road Fund for onefourth of the contract-price, and when three-fourths of said road shall be completed, and certified to in like manner, the contractors shall be entitled to a similar warrant for an additional one-fourth, and when the road shall be fully completed, and received by the aforesaid Commissioners, which shall appear by their certificates, then the Board of Supervisors shall authorize the County Auditor to draw his warrant for the residue. SEC. 5. Should the Board of Supervisors purchase the road mentioned in section two of this Act, they shall authorize the County Auditor to draw his warrant upon the aforesaid Road Fund, for the amount of the purchase-money, when a good and sufficient conveyance in fee-simple shall be made to the County, which shall be approved by the District-Attorney. SEC. 6. Whenever the Board of Supervisors shall ascertain that there is a sufficient amount in said Turnpike Road Fund to discharge the contract-price, or purchase of said road, the tax mentioned in section one of this Act, shall cease to be levied. SEC. 7. If, after the purchase or completion of said road, a surplus remain in said Turnpike Road Fund, it shall go into and become a part of the County Road Fund. Counties CHAP. CCLXXVIII.—An Act to amend an Act entitled "An Act to regulate Fees in Office in certain Counties of this State," approved April twenty-eighth, one thousand eight hundred and fifty-seven. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. The first section of the Act to which this is amendatory is hereby amended so as to read as follows: Section one-In the Counties of Sonoma, Santa Clara, San exempted. Mateo, Napa, San Joaquin, Los Angeles, Contra Costa, Sacramento, Alameda, Humboldt, Colusa, Santa Cruz, Santa Barbara, San Luis Obispo, Monterey, and Mendocino, such fees are allowed to the officers hereinafter named, for their services rendered in discharging the duties imposed on them by law, as herein provided, and such officers may lawfully charge, demand, and receive the same. |