Fees. CHAP. CLXVIII.—An Act concerning the Fees of the Tax Collector of the City and County of San Francisco on the collection of the Delinquent Taxes of the fiscal years eighteen hundred and fifty-six and seven, eighteen hundred and fifty-seven and eight, and eighteen hundred and fifty-eight and nine. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Tax Collector of the City and County of San Francisco shall be allowed for collecting the delinquent taxes under an Act to confirm and legalize certain assessment rolls of the City and County of San Francisco, and to provide for the collection of the delinquent taxes thereon, approved March twentysecond, eighteen hundred and fifty-nine, and the Act amendatory thereof, approved May twentieth, eighteen hundred and sixty-one, two per cent on the amount by him collected, and he is hereby authorized to retain said fees from out of any moneys that he may now have on hand, or that he may hereafter collect on account of said delinquent taxes, in full compensation for such collection. SEC. 2. All Acts and parts of Acts inconsistent with the provisions of this Act, so far as they conflict with the same, are hereby repealed. SEC. 3. This Act shall be in force and take effect from and after its passage. Franchise. Term of. CHAP. CLXIX-An Act granting to certain parties the right to [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. George H. Brown, Barton Daniels, James McTucker, their associates and assigns, are hereby granted the right to build, construct, and maintain, a turnpike or toll road from a convenient point on the road known as the Big Tree and Carson Valley Turnpike, in the County of Calaveras, to a point known as Silver Mountain, in Mono County, and from thence to the eastern line of this State; provided, that the persons herein named shall, before they become a body politic and corporate, conform to and comply with the provisions of an Act of the Legislature of the State of California in reference to the incorporations of turnpike companies. SEC. 2. The company shall be known as the "Silver Mountain Turnpike Road Company," and the franchise hereby granted shall extend for the period of twenty years. All the rights, privileges, and immunities, conferred upon turnpike and plank road companies by general law, are hereby conferred upon the "Silver Mountain Turnpike Road Company." SEC. 3. Upon the completion of the road from the point first Tolls. designated to Silver Mountain, the parties herein mentioned, their associates and assigns, are hereby authorized to collect such tolls or charges as may be allowed by the Supervisors of Calaveras County, and it is hereby made the duty of said Board of Supervisors to establish a rate of tolls, upon the application of either of the parties named in section one of this Act, or their associates or assigns. SEC. 4. At some conspicuous point at each end of the road, Rates of toll. and at Silver Mountain, and at any other place the company may select, there shall be conspicuously placed a sign board, which shall show the rates of toll and the regulations of the road. SEC. 5. The parties herein mentioned, their associates and Conditions. assigns, shall complete the part of the road to Silver Mountain in two years after the passage of this Act, and to the eastern line of this State within three years from the passage of this Act. SEC. 6. This Act shall be in force and effect from and after its passage. CHAP. CLXX.-An Act to define the Boundary Line between the [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. The following shall be the boundary line between Boundaries. Amador and El Dorado Counties: Beginning in the centre of the Cosumnes River at the point where said river enters Sacramento County; thence up the middle of the channel of said river to the South Fork of said river; thence up the centre of the channel of said South Fork to the South Fork of the South Fork of said river; thence up said South Fork of the South Fork to its source; thence due east to the Amador and Nevada Wagon Road; thence along the line of said road to its junction with the Big Tree and Carson Valley Road, in Hope Valley; thence, from said junction, along the line of the road leading down said valley, through Carson Cañon, to the eastern boundary of this State. Said roads, when marking the boundary line of said counties as provided in this Act, shall be included within the boundaries of Amador County. SEC. 2. So much of all Acts and parts of Acts as are in conflict with the provisions of this Act are hereby repealed. SEC. 3. This Act shall take effect from and after its passage. To deposit ments with successor. Vacancy. CHAP. CLXXI.-An Act to amend an Act entitled an Act to regulate proceedings in Civil Cases in the Courts of Justice in this State, passed April twenty-ninth, eighteen hundred and fifty-one. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section six hundred and seven of the above entitled Act is hereby amended so as to read as follows: Section 607. It shall be the duty of every Justice of the official docu- Peace, upon the expiration of his term of office, to deposit with his successor his official dockets and all papers filed in his office, as well his own as those of his predecessors, or any other which may be in his custody to be kept as public records. If the office of a Justice become vacant by his death or removal from the township or city, or otherwise, before his successor is elected and qualified, the docket and papers in possession of such Justice shall be deposited in the office of some other Justice in the township, to be by him delivered to the successor of said Justice; and while in his possession, he may issue execution on a judgment there entered and unsatisfied, in the same manner and with the same effect as the Justice by whom the judgment was entered might have done. If there be no other Justice in the township, then the dockets and papers of such Justice shall be deposited in the office of the County Clerk of the county, to be by him delivered to the successor in office of the Justice. Jurisdiction SEC. 2. Section six hundred and eight of the above entitled Act is hereby amended so as to read as follows: Section 608. Any Justice with whom the docket of his preof successor. decessor is deposited shall have and exercise over all actions and proceedings entered in the docket of his predecessor, the same jurisdiction as if originally commenced before him. In case of the creation of a new county, or the change of the boundary between two counties, any Justice into whose hands the docket of a Justice formerly acting as such within the same territory may come, shall, for the purposes of this section, be considered the successor of said former Justice. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CLXXII.—An Act supplementary to an Act entitled an Act to authorize John S. Williams, and his associates, to construct a Wharf at the foot of Franklin Street and Van Ness Avenue, in the City and County of San Francisco, approved April twentyfifth, eighteen hundred and sixty-two. [Approved April 8, 1863.] The People of the State of California, represented in Senate and extended. SECTION 1. The time within which said wharf shall be com- Time menced is hereby extended to October twenty-fifth, eighteen hundred and sixty-four, and the time for the completion of the same is hereby extended to April twenty-fifth, eighteen hundred and sixty-seven. CHAP. CLXXIII.-An Act to amend an Act to limit the time for presentation of Claims against Counties, and for receiving payment for the same, approved April second, eighteen hundred and fifty-seven. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section four of said Act is hereby amended so as to read as follows: forfeited. Section 4. All claims allowed by the Board of Supervisors Claims of any county, for which warrants are not demanded and drawn from the County Auditor within one year from the date of their allowance, shall be forfeited to the county and cancelled, and the Clerk of the Board of Supervisors shall write opposite the claims so forfeited, the words " Forfeited and Cancelled." CHAP. CLXXIV.—An Act granting parties therein named the right to construct a Wagon Road from Cloverdale, in Sonoma County, to McDonald's house, in Mendocino County, and collect tolls for travelling thereon. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. Isaac P. Smith, W. S. Jarboe, and G. Canning Grantees. Smith, are hereby authorized to take, have, possess, and enjoy, all the rights, privileges, rights of way, franchises, and immunities, hereinafter mentioned, upon condition that they shall Powers. Proviso. Conditions. Tolls. incorporate themselves under the general laws of this State regulating incorporations, and shall adopt the name "The Oak Valley Cañon Road Company," and comply with the further conditions hereinafter mentioned. SEC. 2. Said company when incorporated shall have full power to build and maintain a public toll road from Cloverdale, in Sonoma County, to McDonald's house, in Mendocino County, to be located as said company shall deem most practical, and shall have the right of way for that purpose, and shall enjoy all the rights, privileges, and immunities, thereunto appertaining, for the term of twenty years from the completion of said road; provided, however, that nothing herein contained shall be construed so as to authorize said company to stop up, interfere with, use, or appropriate to their own use, the public highway, or any portion thereof, now travelled and used as a public road between Cloverdale and McDonald's house; and, provided, further, that nothing in this Act shall be held or construed so as to authorize said company to appropriate the lands or possessions of any person or persons for said road without the consent of said persons, or without condemning the same, in the same manner as is provided for condemning lands for railroad purposes. SEC. 3. Said company shall, within one year from the passage of this Act, commence, and within two years complete said road, otherwise the rights herein granted shall be forfeited. Said company shall at all times after its completion keep said road in good order, and shall be responsible for any damages arising to persons or property travelling said road caused by neglect to keep said road in good repair. SEC. 4. Said company, after the completion of said road, shall have the right to charge and collect such tolls as may be fixed by the Board of Supervisors of Mendocino County; provided, that said Board shall not establish or reduce the rates of toll so as to make the dividends on said road less than twelve nor more than twenty-four per cent per annum upon the amount actually expended in the construction of said road, either in money expended, or the value of labor performed on said road. CHAP. CLXXV.-An Act to amend an Act entitled an Act to grant II. J. May, Charles M. Baxter, William Kohl, and others whom they may associate with them, and their assigns, the right to lay a Railroad Track along certain streets in the City of Petaluma, and through a public road in the County of Sonoma, approved April eighteenth, eighteen hundred and sixty-two. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section third of the above entitled Act is hereby amended so as to read as follows: |