bonds are purchased for the Seminary Fund, and when said Bonds. bonds are so purchased, they shall be marked "Public Building Fund," and delivered to the Treasurer of State, and by him kept as a special deposit; Provided, however, that no lands located under and by virtue of this section shall be located on any land on which any settlement or improvement has been made, unless the owner of said improvement shall be the applicant for the purchase of said land, and the affidavit required by section three of the Act to which this is supplemental, shall set forth that there is no improvement on the land sought to be located and purchased. chase money SEC. 4. The twenty per cent. of the purchase-money required Twenty per to be paid in advance by section five of the Act to which this Act cent. of puris supplemental, shall be deemed and held to be due and payable within fifty days after the approval of the Surveyor-General is recorded by the Locating Agent, and the interest on the balance shall be computed from the date of the approval of the location in the United States Land Office. It is the true intent and meaning of this Act, and the Act to which this Act is supplemental and amendatory, that each of the several Funds named in this Act shall be kept separate and distinct, and that interest shall be paid at the rate of ten per cent. per annum upon the balance due for school-lands, seminary lands, or public building lands, which interest shall be paid annually, one year in advance. made, may SEC. 5. In the event that any location of lands be, or have Location, if been made, by the provisions of this Act, or of the Act to which improperly this Act is amendatory and supplemental, upon lands supposed be floated. in good faith by the locator to belong to the United States, which should prove to be land not the property of the United States, then, and in that case, the said locator, his heirs, or assigns, may float his or their claim upon other public lands in this State; Provided, the float, and the reasons therefor, be made a matter of record at the time, in the office where the original location was recorded. CHAP. XLIX.-An Act to authorize the Construction of certain [Approved February 21, 1859.] The People of the State of California, represented in Senate and SECTION 1. John R. Price, and such persons as he may associate with him, and his and their assigns, are hereby authorized and empowered to construct two wharves near the lower end of Wharves. the Straits of Carquinez, and near the old Spanish Road leading from Sonoma, Napa, and the North Sacramento Valley, to Monterey and Los Angeles: one on the north side, in Solano County, from the foot of Ferry street, in the Town of Vallejo, on Price and Peabody's fifty-two-acre tract, south four hundred and fifty yards, more or less, to navigable water, sufficient for all the uses and purposes of a ferry; the other, on the south side of the Straits of Carquinez, in the County of Contra Costa, near the head of San Pablo Bay, from the head of San Pablo Plains, at the foot of the mountains, on the south side of the Straits, forty yards, more or less, to navigable water, sufficient for all the uses and purposes of a ferry; Provided, that nothing contained in this section shall be held to authorize the said John R. Price, or such other persons as he may associate with him, or his or their asstruct navi- signs, to interfere, in any manner whatever, with the use of the waters of this State for the purpose of navigation. Not to ob gation. SEC. 2. The right of way herein granted is so granted upon the express condition that the same shall, with the wharves and improvements then upon the same, at the expiration of twenty years, revert to the State; also, that the said parties and their assigns shall proceed, in good faith, within six months after the passage of this Act, to erect said wharves; and shall, within one year after the passage of this Act, establish a ferry, with boats, landings, and such other conveniences as the public use may require. Fees. To be paid from general fund. CHAP. L.-An Act allowing Compensation to the Coroner of the City and County of San Francisco, for certain services. [Approved February 19, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Coroner of the City and County of San Francisco shall receive, for such chemical analyses as may be deemed necessary by him, in the proper fulfillment of his duties, such sums, not exceeding fifty dollars, for analyses made in any one month, as shall be certified by the chemist or chemists making such analyses to be a reasonable charge; and he shall likewise receive for the interment of deceased persons payment at the same rate, each, as is allowed for the interment of deceased hospital patients in said City and County, not to exceed ten dollars for each interment made by him. SEC. 2. The compensation allowed by this Act shall be paid out of the General Fund, and shall be audited and paid in the same manner as the salaries of officers for the said City and County; Provided, that the said Coroner shall make oath that he has received no compensation for any of the items charged in his demand; and, also, that the analyses charged in his demand, if any have been made, as charged therein, and that the same were necessary to the proper discharge of the duties of his office, and that the interments charged in his demand, if any have been made by him, and that the bodies interred were proper subject for burial by the Coroner. CHAP. LI.—An Act to provide for the Erection of Public Buildings in the County of Solano. [Approved February 19, 1859.] The People of the State of California, represented in Senate and and Court SECTION 1. The Board of Supervisors of the County of Solano are hereby authorized and empowered to levy a tax upon the Tax for Jail taxable property of the County, not exceeding one-half of one House. per cent., the proceeds of which shall be applied to the erection and furnishing a Court-house and County-jail, and shall be applied to no other purpose. SEC. 2. Whenever said buildings shall be completed, furnished, and paid for, this Act shall cease and be of no effect. Limitation. CHAP. LII.-An Act to provide for holding the January Term of the District Court of the Seventeenth Judicial District, in the County of Plumas. [Approved February 19, 1859.] The People of the State of California, represented in Senate and ing Court. SECTION 1. The term of the District Court of the Seventeenth Judicial District, which, by law, commences on the second Mon- Time of hold. day of January, in each year, may commence on the second Monday of January, as now provided by law, or at any other time between the said second Monday of January, and the first Monday of March, in each year. CHAP. LIII-To authorize the Board of Supervisors of Alameda County to levy a Special Tax, for School Purposes. [Approved February 19, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Alameda County Tax for are hereby authorized to levy a tax for school purposes, not exceeding twenty-five cents on the one hundred dollars. SEC. 2. The tax thus levied shall be collected in the manner prescribed for the collection of taxes for State and County pur school purposes. poses, and when collected shall be paid into the County treasury, to the credit of the School Fund. CHAP. LIV.-An Act to authorize the Sale of the Real Estate of the late Joaquin Soto, deceased. [Approved February 19, 1859.] The People of the State of California, represented in Senate and SECTION 1. That Carmen Castro de Soto, executrix, and Bernardino Soto, executor of the last will and testament of Joaquin Soto, deceased, late of Monterey County, be, and they are hereby, authorized and empowered to sell such portion or portions of the real estate of which the said Joaquin Soto died seized or possessed, in the State of California, and any right, title, or interest in such real estate belonging to the deceased in his lifetime, as they may deem necessary and proper for the payment of the debts outstanding against the estate of the deceased, the support and education of the family, the expenses of administration, and the final partition and distribution of the estate of the deceased among his heirs and devisees, at such time or times, on such terms, and in such manner, whether at public or private sale, as shall be most advantageous to said estate; Provided, that no sale made under and by virtue of the power hereby conferred, for a sum less than two-thirds the appraised value of the real estate sold, shall be confirmed by the Court. SEC. 2. The said executrix and executor shall make a full report of any and all such sales as shall be made by them, to the Probate Court of the County of Monterey; and the Judge of the said Court shall, either in term-time, or in vacation, in open Court, or at Chambers, examine the same, and confirm or set aside the said sale or sales, as in other cases of sales of real estate by executors or administrators. SEC. 3. The executrix and executor are hereby authorized, upon the confirmation of any such sale or sales as herein before provided, and the compliance on the part of the purchaser with the terms of such sale or sales, to execute, acknowledge, and deliver to said purchaser or purchasers, a legal conveyance of the premises sold, which shall be as valid and binding as if the same had been made by the said Joaquin Soto, in his lifetime. SEC. 4. Prior to the making of any sale of real estate under and by virtue of the power hereby conferred, the executrix and executor herein named shall jointly execute a good and sufficient bond, conditioned as now provided for by law in such cases, with two or more suretics, in double the amount of the appraised value of the real estate sought to be sold. CHAP. LV.-An Act to amend "An Act to amend an Act to regulate proceedings in Civil Cases," passed April twenty-ninth, eighteen hundred and fifty-one. [Approved February 21, 1859.] The People of the State of California, represented in Senate and SECTION 1. Section twenty-four of said Act is hereby amended so as to read as follows: state. Section twenty-four-The summons shall state the parties to what sumthe action, the Court in which it is brought, the County in mons must which the complaint is filed, the cause and general nature of the action, and require the defendant to appear and answer the complaint within the time mentioned in the next section, after the service of summons, exclusive of the the day of service, or that judgment by default will be taken against him, according to the prayer of the complaint, briefly stating the sum of money or other relief demanded in the complaint, and the Clerk shall also indorse on the summons the names of the plaintiff's attorneys. SEC. 2. Section twenty-eight of said Act is hereby amended so as to read as follows: Section twenty-eight-The summons shall be served by the Summons, Sheriff of the County where the defendant is found, or by how served. his Deputy, or by a person specially appointed by him, or appointed by a Judge of the Court in which the action is brought, or by any white male citizen of the United States, over twenty-one years of age, who is competent to be a witness on the trial of the action, except as hereinafter provided. When the summons is served by the Sheriff or his Deputy, it shall be returned with the certificate or affidavit of the officer, of its service. When the summons is served by any other person, as before provided, it shall be returned to the office of the Clerk from which it issued, with the affidavit of such person of its service. At the time of filing the complaint, a true and correct copy Copy of com thereof shall be deposited with the Clerk of the Court, by the plaint to be plaintiff or his attorney, for the use of the party defendant; which copy shall be by the Clerk delivered to the defendant's attorney, or any party defendant named in the complaint, demanding and receipting for the same. In case no such copy is deposited by the plaintiff or his attorney, the defendant or his attorney may have a copy of the complaint made and certified by the Clerk of the Court, the fees for which shall be taxed as costs, to abide the final result of the action. filed. SEC. 3. This Act shall take effect on the twentieth day of To take ef May, eighteen hundred and fifty-nine; Provided that the pro- fect. visions thereof shall not affect any actions commenced before the twentieth day of May, eighteen hundred and fifty-nine. |