ever, and thereafter the State of California shall be the owner of said grounds and real estate in fee simple absolute. SEC. 2. This Act as amended shall take effect and be in force from the day of its passage. CLXIV.-An Act to extend the Rights and Privileges of the San [Approved April 8, 1863.] The People of the State of California, represented in Senate and Assembly, do enact as follows: payments. SECTION 1. In accordance with the recommendation of the Discharged Board of Supervisors of the City and County of San Francisco, from certain expressed in resolution number twenty-three hundred and twenty-four, passed January fifth, eighteen hundred and sixty-three, and approved January sixth, eighteen hundred and sixty-three, in relation to the San Francisco City Water Works, the said company are hereby relieved and discharged from any and all obligations whereby it has agreed to pay the said City and County of San Francisco five per cent of its gross earnings. other companies. SEC. 2. It is hereby provided that should any other com- Rights of pany, person, or persons, excepting the City and County of San Francisco, receive permission to introduce water for the purpose of supplying the said city and county therewith, no more favorable terms shall be granted to such company, person, or persons, than are now enjoyed by the San Francisco City Water Works, without extending the same to the latter company. SEC. 3. It is hereby provided that any rights, privileges, or Company to immunities, now enjoyed by the Spring Valley Water Works, enjoy certain by virtue of an Act entitled an Act to authorize George H. Ensign and others (owners of the Spring Valley Water Works) to lay down water pipes in the public streets of the City and County of San Francisco, approved April twenty-third, eighteen hundred and fifty-eight, which are more favorable than the terms heretofore granted to the San Francisco City Water Works, shall be held and enjoyed by the said company. SEC. 4. This Act shall take effect from and after its passage. rights. 29 Rights of company. Proviso. Proviso. May use steam power. CHAP. CLXV.—An Act supplementary to an Act entitled an Act to grant to certain parties the right of laying a Railroad Track along certain streets within the City and County of San Francisco, which became a law on the sixth day of April, A. D. eighteen hundred and fifty-seven, and the Acts amendatory thereof. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. The company known as the San Francisco Market Street Railroad Company, formed under and by virtue of the Act of this State entitled an Act to grant to certain parties the right of laying a railroad track along certain streets within the City and County of San Francisco, which became a law on the sixth day of April, A. D. eighteen hundred and fiftyseven, and the Acts amendatory thereof, is hereby authorized and empowered to lay down a single or double track along and through the centre of Market street from its intersection with California street to the water line front of the city of San Francisco, said track to be laid in conformity with the provisions of the Act under which the said company was formed, and the Acts amendatory thereof; and, provided, further, that the rights and privileges hereby granted to extend said railroad easterly, on Market street, to the water front of the City and County of San Francisco, are upon the condition that the owners of a majority in value of the property fronting on said street, between the present termination of said railroad and East street, do not file in the office of the Clerk of the Board of Supervisors of said city and county a protest against any extension easterly of said railroad, within three months from and after the passage of this Act, such estimate of value to be made according to the last assessment roll for said city and county; and, provided, further, that the rails upon such extension easterly shall be so laid that the upper surface of said rails shall not be higher than or elevated above the grade of said street. SEC. 2. The time for and during which it shall be lawful for said company to use steam as the motive power on its road, is hereby extended for a further term of five years from and after the expiration of the time to which the said privilege was heretofore granted, this extension being, in all respects, subject to the provisions of the Act and amendatory Acts aforesaid; provided, that this extension of time during which it shall be lawful for said company to use steam as a motive power upon certain portions of said road shall be conditioned as follows: Upon petition of the owners of a majority in value (according to the assessment roll of said city and county made next preceding the date of said petition) of the property fronting on Market street, between Tenth street and the easterly terminus of said railroad, being filed in the office of the Clerk of the Board of Supervisors of said city and county, said Board of Supervisors shall, by ordinance, forbid the use of steam as a motive power on that portion of said railroad easterly of Tenth street; said ordinance, however, not to take effect and be in force till the expiration of one year from and after its passage; and, provided, further, that when any other road shall intersect Proviso. the road hereby provided for, the rails of each shall be so altered or cut as to permit the cars of each to cross without obstruction. CHAP. CLXVI.-An Act to amend an Act entitled an Act to grant the right of way for a Railroad Track within the corporate limits of the City and County of San Francisco, approved May fourteenth, eighteen hundred and sixty-two. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: railroad. Section 1. The right is hereby granted to John S. Williams, Franchise. his associates, and assigns, and to them and their or any of their assigns, to lay down and maintain an iron railroad track in the City and County of San Francisco, commencing on Van Ness Route of Avenue, at the water front on the Bay of San Francisco, as now or hereafter may be established by law; thence along said Van Ness Avenue to Market street; thence along and across Market street to Wood street; thence along Wood street to Harrison street; thence along Harrison street to Johnson street; thence along Johnson street to Brannan street, with the right to run steam cars thereon, and to carry passengers and freight thereon; provided, the said grantees, their associates, or assigns, shall, on or before the fourteenth day of November, A. D. eighteen hundred and sixty-four, commence the construction of said road, and shall, on or before the fourteenth day of May, A. D. eighteen hundred and sixty-seven, complete the same; and, provided, that Proviso. the said grantees shall have the right to commence the work on any portion of the line mentioned in this section; and that before the commencement of the construction of the said railroad, the grantees, their associates, and assigns, shall obtain the consent, in writing, of two thirds of the property holders along the entire line of said road, estimating by the front foot owned on said streets; and, provided, also, that the Board of Supervisors of the City and County of San Francisco shall have the right, whenever they shall deem that public necessity or convenience require it, to prohibit the further use of steam cars on said road, and to require the most approved pattern of street rails to be laid down in the place of those theretofore used. SEC. 2. Section eight of said Act is hereby amended so as to read as follows: Section 8. The franchise and privileges hereby granted shall Existence of continue for the period of twenty-five years, to date from and franchise. after the passage of this Act; and the said parties shall, on or before the first day of October, A. D. eighteen hundred and sixty-three, execute to the City and County of San Francisco a bond, with good and sufficient sureties, to be approved by the County Judge of said city and county, conditioned in the sum of thirty thousand dollars for the completion of the railroad according to the requirements and privileges of this Act, and file the same with the Treasurer of said city and county, for the benefit thereof; and upon a failure to comply with the provisions of this section, the franchise and privileges hereby granted shall utterly cease and determine, and the amount of the said bond may be recovered from the obligors therein named, in an action brought in the name of The City and County of San Francisco. SEC. 3. This Act shall take effect from and after its passage. Election. Removal. CHAP. CLXVII.-An Act to submit the question of the removal of the County Seat of Calaveras County to the qualified voters thereof. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. On the fourth Monday in May, A. D. one thousånd eight hundred and sixty-three, the qualified voters of Calaveras County are hereby authorized to vote upon the question of locality and establishing the county seat of said county, and to determine, by a majority of all the votes cast on said question at said election, whether the county seat shall be and remain at the Town of Mokelumne Hill, or be removed to the Town of San Andreas. The ballot at said election shall be written or printed, and shall read thus: "For County SeatMokelumne Hill," or "For County Seat-San Andreas." The polls for said election shall be opened in the several precincts in said county at the places designated by the Supervisors of said county, or a majority of them; and they shall cause notice of said election to be posted up in a public place in each of the election precincts of said county, at least ten days before said election, stating the time and place of holding said election, and the form of ballot to be used. The Judges and Inspectors of said election shall be appointed by the Board of Supervisors of said county, or a majority of them, in accordance with the laws regulating elections." SEC. 2. If it shall appear from the returns of said election that the Town of San Andreas has received a majority of all the votes cast for the county seat, then San Andreas shall be and remain the county seat of said County of Calaveras, and the Board of Supervisors of said county, or a majority of them, shall, within six months thereafter, make the necessary provisions for the removal of all books, papers, furniture, and other movable property of said county, to the Town of San Andreas, and secure suitable buildings and offices in which to transact the business of said county; and after that date, all officers required by law to reside at the county seat, shall reside and keep their offices at the Town of San Andreas; and all processes which may at the time of such removal be returnable at Mokelumne Hill, shall be returnable at the Town of San Andreas; provided, that the citizens of San Andreas will, on or before said Proviso. special election, contribute the sum of fifteen thousand dollars, in gold or silver coin, and deposit the same with some responsible banking firm, to be named by the Board of Supervisors, as a Fund to be used by said Board of Supervisors, or a majority of them, in defraying the expenses of the removal of said county seat, and towards the erection of the necessary county buildings at said Town of San Andreas; and, provided, Proviso. further, that in order that no inconvenience or injury may result to the public interests of said county by the taking effect of this Act, responsible parties, residents of the Town of San Andreas, shall enter into and execute bonds, satisfactory to the Board of Supervisors of said county, or a majority of them, to provide necessary temporary buildings free of cost or expense to said county, for the use of the officials of said county. But if it shall appear from said returns that Mokelumne Hill has received a majority of all the votes cast, then Mokelumne Hill shall be and remain the county seat of said county. county SEC. 3. In the event that the Town of San Andreas shall Sale of receive a majority of all the votes cast at said election, and property. when the county seat shall have been removed, then the Board of Supervisors shall cause to be advertised for sale all the county lots and buildings in Mokelumne Hill; said advertisement shall be published in three newspapers, stating time, place, and terms of sale: one in San Francisco, one in Sacramento, and one in Mokelumne Hill, and shall be for the space of thirty days. Said property shall be sold to the highest bidder for cash; and the Board of Supervisors are hereby empowered to make a good and valid deed of the same; and all moneys arising from such sale shall be placed in the General Fund of said county. SEC. 4. No person shall receive any compensation from the county for services rendered in connection with said election; but the actual and necessary expenses of all persons while in the performance of such service, shall be allowed by the Board of Supervisors, and be paid out of the same Fund and in the same manner as such expenses are generally paid. SEC. 5. Immediately after the reception of a certified copy of this Act by the Chairman of the Board of Supervisors, he shall call a meeting of the Board to assemble at a time designated, which shall not be longer than five days after this Act is filed with said Chairman of the Board of Supervisors. SEC. 6. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. SEC. 7. This Act shall take effect and be in force from and after its passage. |