Liability of to the said Railroad Fund, to be applied by the said Railroad Commissioners to the payment of the interest on the bonds issued as herein provided, and the redemption of the principal thereof, in the manner provided in section thirteen of this Act; and after the full payment of said bonds, and the interest on the same, the said dividends, issues, and profits, arising from such stock subscription, shall be applied as follows: one half thereof to the School Fund of the county; the other half to the General Fund. SEC. 19. The subscription of stock authorized by virtue of the provisions of this Act shall be made by the said Board of Supervisors, on the books of said company, upon the express condition that the said county shall not be liable for any of the debts or liabilities of said company beyond the amount so subscribed; and this provision as to the liability of said county shall be a part of and be expressly stipulated in all contracts made by said comConditions. pany for the construction and equipment of said road; and in case the said company shall fail or refuse to make such stipulation in all of their said contracts, then the said Board of Supervisors shall have power to declare the said subscription void and of no effect, and may recover from said company any previous payments that may have been made thereon at the time of such failure or refusal. And the said Board of Supervisors shall never make any other or further subscription to the capital stock of said company than that provided for by this Act. SEC. 20. This Act shall be taken and deemed a public Act and shall be in force and take effect from and after its passage. Commis. sioner. Term of office. CHAP. CXXVI.-An Act to amend an Act entitled an Act concerning Passengers arriving in the Ports of this State, approved May third, eighteen hundred and fifty-two. [Approved April 2, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section twelve of an Act entitled an Act concerning passengers arriving in the ports of this State, approved May third, eighteen [hundred] and fifty-two, is hereby amended so as to read as follows: Section 12. For the Port of San Francisco there shall be appointed by the Governor of the State, by and with the advice and consent of the Senate, a "Commissioner of Immigration," who shall, in the City of San Francisco, discharge all the duties required by this Act. He shall hold his office for four years, and before entering upon his duties, he shall file in the office of the Secretary of State a bond, with sufficient sureties, in the sum of twenty-five thousand dollars, to be approved by the Commissions Governor, for the faithful performance of his duties. He shall receive a commission of twenty per cent on all moneys collected by him and paid into the State Treasury under this Act. He shall Commis. approve all bonds and administer all oaths and affirmations required in the discharge of his duties. Whenever it shall appear Powers of to said Commissioner that the Master or Commander of any comm vessel has not made a full and correct report, as provided by this Act, it shall be his duty to inquire into the same, and for that purpose may require the attendance of witnesses before him, in the same manner as provided before District Courts in civil cases. Depositions so taken may be read as evidence on the trial of any suit commenced for any penalty or forfeiture accruing under the provisions of this Act, in the same manner and with the like effect as if regularly taken in such suit. abolished. SEC. 2. The office of Superintendent of Immigration is here- Office of Suby abolished, and all the duties and functions heretofore devolv-perintendent ing upon that officer shall be performed by the Commissioner of Immigration created by this Act. SEC. 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAP. CXXVII.-An Act to amend an Act entitled an Act to regulate proceedings in Criminal Cases, passed May first, Anno Domini eighteen hundred and fifty-one. [Approved April 2, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section five hundred and nine of said Act is hereby amended so as to read as follows: Section 509. A person charged with an offence may be ad- Bail. mitted to bail, before conviction, as a matter of right, in all cases except as specified in section five hundred and ten. CHAP. CXXVIII.-An Act amendatory of and supplemental to an Act entitled an Act to provide for the establishment, maintenance, and protection of Public and Private Roads, approved May sixteenth, eighteen hundred and sixty-one, so far as said Act applies to the County of Contra Costa. [Approved April 3, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section thirteen of said Act is hereby amended so as to read as follows: Section 13. At the session of the Board of Supervisors for Road taxes. levying State, county, and other taxes, or at some meeting on Road taxes. Election of or before the first Monday of June in each year, the said Board shall levy upon each able bodied man, except Indians, between the age of twenty-one and fifty years, a road poll tax of two dollars, and upon all taxable property in the county, a tax for road purposes, of not more than twenty cents upon the hundred dollars, which sum shall be levied and collected as all other taxes; provided, that for the years beginning on the first Monday of March, eighteen hundred and sixty-three, and the first Monday of March, eighteen hundred and sixty-four, the Board of Supervisors in the County of Contra Costa may levy a tax, not exceeding sixty cents on the hundred dollars, on all taxable property, for road purposes in said county, which sum shall be levied and collected as all other taxes (and the Assessor, in cases where he has already made his assessment, shall enter the tax opposite the name of the party so assessed, and when liable to pay a road poll tax, the figure one, as required by this Act;) and all able bodied men, except Indians, who have resided three months in the State, and ten days in the Road District, shall pay the road poll tax herein provided for; and all moneys received or collected for such taxes or assessments shall constitute the County Road Fund. In order to enable the Board of Supervisors to levy the poll tax heretofore specified, and to provide for the collection of the same, the Assessor or Assessors in the County of Contra Costa shall prepare in his tax list or assessment roll a separate column, headed “Road Poll," in which he shall place against the name of every person liable to pay a road poll tax the figure one. All taxes and assessments, with the exceptions hereinafter provided, shall be collected by the Tax Collector of the county in the same manner as other State and county taxes, and placed in the County Treasury to the credit of the Road Fund. SEC. 2. Section fifteen of said Act is hereby amended so as to read as follows: Section 15. At the general election in the year eighteen hunRoad Master. dred and sixty-three, and every two years thereafter, the qualified electors in each Road District shall elect some citizen of said Road District as Road Master for said District for the term of two years from the date of his election; and it shall be the duty of the Clerk of the Board of Supervisors to notify the person so elected of his election, and he shall thereupon, or within ten days thereafter, qualify, by taking an oath before some person authorized to administer oaths, that he will faithfully and impartially perform the duties devolved upon him by law as Road Master; provided, that the Board of Supervisors, at any regular meeting, shall fill any vacancy existing in the office of Road Master in the county. It shall be the duty of the Road Master to have the care and general supervision of the public roads within his District, to maintain them in as good repair, and to erect such necessary bridges and culverts, as the means at his command will permit, and he shall also, by direction of the Supervisors, cause suitable guide boards to be erected at the intersection of important roads. He shall oversee and direct the labor and money expended upon the roads, and see that teams, plows, scrapers, and other implements are furnished for the road service. And when any bridge or culvert shall be broken Dutice. or injured so as to be impassable or dangerous, or when any road, from any cause, shall be impassable, the Road Master may call out a sufficient number of persons living in the vicinity to repair said road or culvert, and for any services done shall issue to the party a certificate as hereinafter provided; and upon the completion of any road service required of any person, unless such service can be paid in cash with money collected for road poll taxes, or by poll tax receipts, the Road Master shall make out and deliver to such person a certificate for the labor at the rate of two dollars per day of not less than ten hours, together with such sums as may be justly due for the use of teams and utensils. All claims for services done, teams or mate- Payment for rials furnished, and certified to by Road Masters, shall be audit- labor, etc. ed by the Board of Supervisors, and upon approval, they shall order a warrant for the amount of each claim to be drawn upon the Road Fund. In order to carry out the intentions of this Act, the Road Master shall be authorized to take for the use of the road service, any timber, earth, gravel, rock, or other material, growing or being in any uninclosed or uncultivated lands in the vicinity of a public road, except he shall not cut down any tree which has been planted or preserved as a shade or ornamental tree; and upon application of the owner thereof, he shall make such allowance therefor as he may deem just, and shall give to such owner a certificate of the amount due for such property, and upon the presentation of such certificate, and the approval of the Board of Supervisors, they shall order a warrant to be drawn for the amount, payable out of the County Road Fund. The Road Master may also, with the consent of the Board of Supervisors, make contracts for the pur- Contracts. chase of lumber or other materials for building bridges or culverts, for grading roads, or any other necessary work upon the highways within his District; but no such contract shall be made, when the amount to be expended will probably exceed three hundred dollars, without at first giving at least thirty days notice of the proposed letting of such contract, by posting the notice thereof as required for the notices specified in the first section of this Act, or publishing the same four successive weeks in some newspaper published in the county, which notice shall set forth the services or the amount of material required, when and where proposals will be received and opened, and where specifications, if any, may be received and examined; also stating what particulars must enter with the proposals, and the character and time of the payments proposed to be made. Upon the day set forth in such notice for opening the proposals, Proposals. all the proposals filed in reference to the matter of such notice, shall be opened by the Board of Supervisors, or their Clerk, in connection with the Road Master of the District within which the proposed improvements are located, and the proposals of ' the lowest responsible bidder shall be received; provided, that the Board of Supervisors may refuse all the proposals, if they deem such action advisable. All payments for the fulfilment of any contract for the purposes heretofore specified, shall be made by drafts drawn on the County Road Fund, by order of the Road Master to report. Board of Supervisors. In case of the construction or reparation of a bridge crossing a stream which is the boundary of two counties, the Road Masters and Supervisors of the several Districts and counties connected by said bridge, shall have and exercise a joint duty and authority over the erection and reparation of said bridge, and the expense thereof shall be equally divided between said counties. SEC. 3. Section sixteen of said Act is hereby amended so as to read as follows: Section 16. On or before the first Monday in August, each Road Master shall prepare a full statement of the labor performed in his District, tools, teams, implements, or materials hired or purchased, the amount of road poll tax paid, either in labor or cash, and by whom paid; the amount of cash paid out, to whom, and for what paid; also the amount, certified to, for labor done, or for tools, teams, implements, or materials furnished, and to whom such certificates have been issued; also the number of days service by him actually and necessarily performed in the discharge of his official duty; all of which particuCompensa lars shall be verified by his oath. The Road Masters shall be allowed for all services performed in discharge of their duties, such per diem as the Board of Supervisors may deem just, not to exceed two dollars per day. And each Road Master shall have charge of and be held responsible for all tools and implements purchased for and belonging to his District, and his statement shall embrace an inventory of the same, a duplicate of which, together with all such tools, utensils, and other property, he shall deliver to his successor, or to some person designated by the Supervisors to receive them. tion. Collection of SEC. 4. The Road Masters of the several Road Districts in road taxes. said County of Contra Costa are hereby authorized and required, under the direction of the Board of Supervisors, to collect, either in money or labor, any or all road poll taxes payable by persons in their respective Districts; and all road poll taxes not so paid shall be collected by the Tax Collector of the county. All moneys collected by the Road Masters for road poll taxes, shall be expended in repairs of roads in their respective Districts. And the Board of Supervisors shall provide road poll tax receipts for distribution to the Road Masters, prescribing the rules for using and accounting for such road poll tax receipts. Collection of taxes. SEC. 5. If so ordered by the Board of Supervisors, it shall be the duty of the Road Masters, upon entering into office, or at such time as may be most convenient and suitable for such purpose, to proceed to collect the road poll tax, either in money or labor, from any person liable to said tax he may find in his District; and for all the purposes of this Act, the Road Master is hereby authorized to administer oaths and affirmations. Upon any person who may be liable, refusing, upon demand upon himself or his Agent, to pay the road poll tax, either in money or labor, it shall be the duty of the Road Master to enforce the collection of the same in money, by seizing so much of any species of personal property, debts, or choses in action whatsoever of the delinquent; and if none such can be found, then by levying upon and seizing so much of the real property of the delin |