Consent to segregate. Vote for or against. Returns. CHAP. CCLXXXVIII.-An Act granting the consent of the Legisla ture to the Formation of a different Government for the Southern Counties of this State. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. That the consent of the Legislature of this State is hereby given to the effect, that all of that part or portion of the present territory of this State, lying all south of a line drawn eastward from the west boundary of the State, along the sixth standard parallel south of the Mount Diablo meridian, east to the summit of the Coast Range; thence southerly, following said summit to the seventh standard parallel; thence due east, on said standard, parallel to its intersection with the northwest boundary of Los Angeles county; thence north-east, along said boundary, to the eastern boundary of the State, including the counties of San Luis Obispo, Santa Barbara, Los Angeles, San Diego, San Bernardino, and a part of Buena Vista, be segregated from the remaining portion of the State, for the purpose of the formation by Congress, with the concurrent action of said portion-the consent for the segregation of which is hereby granted-of a Territorial or other Government, under the name of the "Territory of Colorado," or such other name as may be deemed meet and proper. SEC. 2. The Governor shall, in his Proclamation for the next general election, direct the voters of the Counties of San Diego, San Bernardino, Los Angeles, Santa Barbara, San Luis Obispo, and a part of Buena Vista, to wit: such part as shall include all of the Precincts south of the sixth standard parallel south of the Mount Diablo meridian, at such general election, to vote, "For a Territory," or "Against a Territory;" and in case two-thirds of the whole number of voters voting thereon shall vote for a change of Government, the consent hereby given shall be deemed consummated. SEC. 3. The respective County Clerks of the Counties herein named shall make out a statement of the result of such vote, and transmit the same to the Secretary of State, in the same manner as by law they are required to do concerning the election of State and County officers; and it is hereby made the duty of the Secretary of State, upon the receipt by him of the election returns of the said Counties and Precincts, to make out a correct statement of the whole number of votes cast, both for and against the change of Government; and in case two-thirds, or more, of the votes relating to the change of Government be found to be in favor of such change of Government, he shall certify to the correctness of such statement, and transmit certified copies of the same, with copies of this Act annexel, to the Governor of this State, whose duty it shall be to cause a copy, with a copy of this Act annexed, to be sent to the President of the United States, and to each of our Senators and Representatives in Congress. Act of SEC. 4. The connection now existing between this State and Continue as the said Counties, and parts of Counties-to the segregation of now until which the Legislature hereby consents, upon condition that two- Congress. thirds of the voters residing therein, and voting thereon, shall vote for such change at the next ensuing general election-shall continue, to all intents and purposes, until the organization and establishment of a separate Government therefor, under a law of Congress to that effect, and no longer. ers. SEC. 5. Should Congress so act on the consent hereby given, Commissionas to organize a separate Government for the southern Counties, as herein specified, the Legislature of the State of California, to be held next after such action, shall appoint two Commissioners; and the first Territorial Assembly, or Legislature of the new Government, as the case may be, shall, during the first session, appoint two other Commissioners, all of whom shall meet at the Capital of California proper, at such time as the Governor of the last named State shall signify to them, which said Commissioners shall constitute a Board, who shall settle and adjust the property and financial affairs between the State of California and the new Government, and who shall, in the apportionment of the same, take as a basis the respective number of votes polled at the general election of one thousand eight hundred and fifty-eight, in the Counties and Precincts embraced in the two respective Governments; and in case the four Commissioners, thus to be appointed, fail to agree, they shall nominate and appoint a fifth, and a majority of such five Commissioners shall determine the amount of the indebtedness of the new Government to the State of California, on account of the State debt at the time of her final segregation; and the expense of the said Commission shall be equivalent to that of the members of the State Legislature for a like or corresponding time, and be borne equally by the said State and Territorial, or other Government. CHAP. CCLXXXIX.-An Act to regulate Proceedings in Civil Actions in certain Cases. [Approved April 18, 1859.] The People of the State of California, represented in Senate and suits. SECTION 1. In any suit or action which has been instituted, State-prison or may hereafter be instituted, against any officer of this State, or person acting as such officer, on account of the taking, or detention, or both, of the State-prison and grounds, at Point de San Quentin, in the County of Marin, or any personal property at said Prison, or against any person accompanying said officer, for assisting or aiding in such taking or detention, under the requirements of, or by virtue of any law or statute of this State, said Appeal. Repealing clause. officer or person may, in addition to other defence, plead and show in defence of said suit, or action, that said Prison and grounds, or personal property, were, at the time of the taking, or detention, complained of, the property of the State of California, and that any contract of leasing, or of any other kind purporting to have been made by or on behalf of said State, under or by virtue of which the plaintiff in said suit or action claims the right to possess or occupy any of said property, is, for any reason, null, void, or inoperative, and may also plead and show, that any such contract has been violated in any material respect by the plaintiff in said suit, or action, or by those through whom he claims, and upon any such satisfactory showing as aforesaid, the defendant, or defendants, in said suit, or action, making the same, shall be entitled to judgment therein. SEC. 2. Whenever an appeal is taken by any defendant in any suit or action named in section one of this Act, the filing of the notice, and service thereof, as required by law, shall be effectual as an appeal, for all purposes, and shall operate as a stay of execution, and of all other proceeding, until the final disposition of said appeal, and no process for the execution of the judgment, or order appealed from, shall issue in such case until the rendition of judgment in the Appellate Court. SEC. 3. All Acts, or parts of Acts, in conflict with the provisions of this Act, are hereby repealed. Loan to be CHAP. CCXC.-An Act to provide for the Payment of "Coupons for Interest," to be issued under the Provisons of an Act entitled "An Act to provide for the Funding and Payment of the Outstanding Unfunded Claims against the City of San Francisco, and against the County of San Francisco, as they existed prior to the first day of July, A. D. one thousand eight hundred and fifty-six," approved April twenty, one thousand eight hundred and fifty-eight." [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Board of Fund Commissioners, created and contracted. constituted by the provisions of an Act entitled "An Act to provide for the funding and payment of the outstanding unfunded claims against the City of San Francisco, and against the County of San Francisco, as they existed prior to the first day of July, A. D. one thousand eight hundred and fifty-six, approved April twenty, one thousand eight hundred and fifty-eight," are hereby authorized to borrow, upon the best terms upon which they can effect such loan, a sum of money sufficient to pay the coupons to be issued under the provisions of said Act, and which shall fall due upon the first day of July, one thousand eight hundred and fifty-nine, and for the purpose of effecting such loan, the consent of a majority of said Commissioners shall be sufficient. SEC. 2. The money to be borrowed under the provisions of Paid in 1860. section one, of this Act, shall be repaid with the interest thereon, out of the first money to be received for taxes for the fiscal year ending June thirtieth, A. D. one thousand eight hundred and sixty, and made applicable by law, to the payment of the coupons, mentioned in the first section of this Act. SEC. 3. The said Board of Fund Commissioners shall certify Auditor to the Auditor of the City and County of San Francisco, the shall pay. amount of the loan provided for in this Act, with the amount of interest due thereon, and said Auditor shall thereupon audit, and the Treasurer of said City and County shall pay, the demand arising under this Act, out of the money to be received as provided in section two of this Act. CHAP. CCXCI.-An Act to authorize the Governor of the State of California, in conjunction with the United States, to run and mark the Boundary-Lines between the Territories of the United States and the State of California. [Approved April 18, 1859.] The People of the State of California, represented in Senate and er. SECTION 1. That the Governor of the State of California be, Appoint a and he hereby is, authorized and empowered to appoint a suita- Commissionble person, or persons, who, in conjunction with such person, or persons, as may be appointed by, and on behalf, of the United States, for the same purpose, shall run and mark the boundarylines between the Territories of the United States and the State of California, "beginning at the point of intersection of fortysecond degree of North latitude with the one hundred and twentieth degree of longitude West from Greenwich, and running South, on the line of said one hundred and twentieth degree of West longitude, until it intersects the thirty-ninth degree of North latitude; thence running, in a straight line, in a southeasterly direction, to the River Colorado, at a point where it intersects the thirty-fifth degree of North latitude. SEC. 2. And be it further enacted, that such land-marks shall be Monuments. established at the said point of beginning, at the intersection of forty-second degree of North latitude with the one hundred and twentieth degree of longitude, West from Greenwich, and at the other corners, and on the said several lines of said boundary, as may be agreed on by the United States, or those acting under its authority, and the said State of California, or those acting under its authority. SEC. 3. Be it further enacted, that the sum of five thousand dol- $5000 lars, or so much thereof as may be necessary, be, and the same appropriated hereby is, appropriated, out of any money in the treasury not otherwise appropriated, to carry out the provisions of this Act; Provided, that the person, or persons, appointed and empowered on the part and behalf of the United States are to be paid by the United States. Name of CHAP. CCXCII.-An Act to repeal the several Acts incorporating the The People of the State of California, represented in Senate and SECTION 1. The several Acts of the Legislature of the State corporation. of California, entitled "An Act to incorporate the City of Benicia," passed April twenty-fourth, one thousand eight hundred and fifty-one, and, also, an Act entitled "An Act supplementary to an Act incorporating the City of Benicia," passed April thirteenth, one thousand eight hundred and fifty-four, are hereby repealed, and from and after the passage of this Act the corporation, or body politic and corporate, known heretofore under said Acts as the Mayor and Council of the City of Benicia, shall continue and be a body politic and corporate, under the name and style of the "Trustees of the City of Benicia," with the powers granted by this Act. Board of Election in SEC. 2. The corporate powers and duties of said Trustees shall be such only as are provided in this Act. Said Board of Trustees shall consist of three members, who shall be elected by the qualified electors of said City, on the first Monday of May, one thousand eight hundred and fifty-nine, and shall hold their offices for the terms herein provided, and until their successors are elected and qualified. SEC. 3. The Council of the City of Benicia shall call an elecMay, 1859. tion, to be held on the first Monday of May, one thousand eight hundred and fifty-nine, for the election of three Trustees according to the provisions of this Act, which shall be held and conducted in the same manner as City elections are now held and conducted. They shall canvass the votes, and declare the result thereof, within ten days after such election shall have been held. The person receiving the highest number of votes shall hold office for the term of three years from the day of such election, until his successor shall have been elected and qualified. The person receiving the next highest number of votes shall hold office for the term of two years from the day of such election, and until his successor is elected and qualified. And the person receiving the next highest number of votes shall go out of office on the first Monday in May, one thousand eight hundred and sixty, or as soon thereafter as his successor shall have been elected and qualified. Subsequent elections. SEC. 4. At the election held on the first Monday in May, one thousand eight hundred and sixty, and of each subsequent year, |