shall, before making said sale, enter into such bonds as may be required of her by the Probate Court of said county of San Luis Obispo; and, provided, also, that said sale shall be duly approved by the Judge of the Probate Court of said county. SEC. 2. This Act shall take effect immediately. CHAP. CCXXX.-An Act to amend an Act entitled an Act to regulate [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and thirty-six of said Act is amended so as to read as follows: to di charge attachment. Section 136. Whenever the defendant shall have appeared in Application the action, he may, upon reasonable notice to the plaintiff, apply to the Court in which the action is pending, or to the Judge thereof, or to a County Judge, for an order to discharge the attachment wholly or in part, and upon the execution of the undertaking mentioned in the next section, such order may be granted, releasing from the operation of the attachment any or all of the property attached, and all of the property so released, and all of the proceeds of the sales thereof, be delivered to the defendant, upon the justification of the sureties on the undertaking, if required by the plaintiff. SEC. 2. Section one hundred and thirty-seven is hereby amended so as to read as follows: defendant upon dis. charge of Section 137. Before the granting of such order, the Court or Bonds to be Judge shall require an undertaking, executed by the defendant given by and at least two sureties, residents and freeholders or householders in the county, to the effect that, in case plaintiff recover judg attachment. ment in the action, defendant will, on demand, re-deliver such attached property so released, to the proper officer, to be applied to the payment of the judgment, and that in default thereof defendant and sureties will, on demand, pay to plaintiff the full value of the property released. The Court or Judge granting such release may fix the sum for which the undertaking shall be executed, and if necessary in fixing such sum to know the value of the property released, the same may be appraised by three disinterested persons, to be appointed for that purpose. The sureties may be required to justify before the Court or Judge, and the property attached shall not be released from the attachment without their justification, if the same be required. State to fur CHAP. CCXXXI.-An Act to provide for furnishing the County Officers of Amador County with the Statutes of the State of California, and the Supreme Court Reports. [Approved April 14, 1863.] The People of the State of California, represented in Senate and Secretary of SECTION 1. The Secretary of State is hereby authorized and nish Statutes empowered to procure and furnish to the following named offiand Supreme cers of Amador County, one copy, each, of the Statutes of the Reports. State of California, to wit: to the County Judge, County Clerk, Sheriff, District Attorney, Recorder, Treasurer, Public Administrator, County Surveyor, and Coroner. Court Officers to davits, etc. SEC. 2. The said Secretary shall also procure and furnish to the County Judge, County Clerk, and District Attorney of Amador County, one set, each, of the Supreme Court Reports of said State; provided, that no copies shall be supplied by the Secretary of State to either of the officers named in section first who shall have in their possession duplicates which were not destroyed, and which now belong to the county. SEC. 3. The Secretary of State shall not supply to either the County Judge, the County Clerk, or the District Attorney, any copies of the above named Supreme Court Reports where duplicates belong to the officers above named. SEC. 4. And each of the officers named in this Act shall forforward affi- ward an affidavit, properly attested before a Notary Public, to the Secretary of State, testifying that all the books required by this Act for the use of his office were destroyed, and that no duplicates remain; or if any such remain, only the copies destroyed shall be supplied, provided they are now in possession of the State. SEC. 5. This Act shall take effect from and after its passage. Compensation of Assessor. CHAP. CCXXXII.-An Act concerning the office of District Assessor in the County of Yolo. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. Each District or County Assessor in the County of Yolo shall keep a daily account of the number of days he shall be actually employed in the discharge of his official duties, and shall present the same, after he shall have completed his official duties for the year, to the Board of Supervisors, at the time that they meet as a Board of Equalization; and for the purpose of auditing said account, the Board shall act as a Board of Supervisors; which account shall be verified before the Clerk of the Board, and the Assessor shall be required to answer all questions under oath which may be propounded by the District Attorney or Board of Supervisors; and it shall be the duty of the Board to allow such Assessor a just and reasonable compensation for his services, not exceeding eight dollars per day; but in case it shall appear to the satisfaction of the Board, from such examination of the Assessor, and on inspection of the assessment roll, and other official acts, that he has been negligent in the discharge of his duties, or has made an excessive or improper charge against the county, to reduce his account to whatever amount they may deem just. SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act, so far as the same relate to the County of Yolo, are hereby repealed. SEC. 3. This Act shall take effect immediately. CHAP. CCXXXIII.—An Act to ratify and confirm a certain Indenture of Extension, and renewal of a certain Indenture of Lease, to Edward Minturn. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. That certain indenture or instrument of writing, Indenture made and bearing date on the ninth day of March, eighteen confirmed. hundred and sixty-three, between the City and County of San Francisco, by Dominick Gavin, G. W. Bell, and Giles H. Gray, the Judiciary Committee of the Board of Supervisors of said city and county, thereto duly authorized by said Board, and John Middleton, William Hooper, and William M. Lent, Charles M. Hitchcock, and Samuel Knight, Commissioners of the Funded Debt of said city, parties of the first part, and Edward Minturn, party of the second part, renewing and extending to said Edward Minturn, for the term and period of ten years from and after the twenty-second day of May, A. D. eighteen hundred and sixty-three, a certain indenture of lease, made on the thirteenth day of May, A. D. eighteen hundred and fifty-one, by the Commissioners of the Sinking Fund of the City of San Francisco, State of California, to James S. Graham and Garret W. Ryckman, and their assigns, for the period of twelve years from the date of said indenture of lease, that certain lot or gore of land situated in said city, and bounded by Market, Front, and Pine streets, which said indenture of lease is of record in the County Recorder's office of the City and County of San Francisco, in Liber One of leases, at page three hundred and sixty-one, is hereby ratified and confirmed, and the same shall be deemed and construed by all the Courts of this State to be valid and effectual to renew and extend to said Edward Minturn the said indenture of lease of said lot of land for the term and perfod and upon the conditions expressed in said indenture of extension and renewal. SEC. 2. This Act shall take effect and be in force from and after its passage. Per diem Proviso. CHAP. CCXXXIV.-An Act to amend an Act entitled an Act to create a Board of Supervisors in the counties of this State, and to define their duties and powers, approved March twentieth, eighteen hundred and fifty-five. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section eighteen of said Act is hereby amended so as to read as follows: Section 18. Each member of the Board of Supervisors shall and mileage. be entitled to receive for his service for each day's necessary attendance on the business of the county, a sum to be fixed by the Board, not exceeding four dollars per day, and not to exceed in the aggregate during any one year one hundred and fifty dollars, and he shall receive twenty-five cents per mile for each mile necessarily travelled in going to and returning from the county seat; provided, that no charge shall be made for more than one trip going from and returning to the residence of such Supervisor at each term held; and, provided, that no Supervisor shall be allowed more than one day's per diem for any one day by reason of his being on the committees appointed by the Board, or for any other cause, and no further allowance whatever shall be made for services as a member of the Board; provided, further, that in the Counties of Calaveras, Colusa, Nevada, Placer, Sutter, El Dorado, and Tuolumne, a greater per diem may be paid, not exceeding eight dollars, and in these last named counties the aggregate of per diem during any one year shall not exceed five hundred dollars to each member of the Board; provided, further, that in the County of Mariposa the per diem shall not exceed six dollars, and in the aggregate not to exceed three hundred and fifty dollars to each member for any one year; and, provided, further, that in the Counties of Klamath, San Joaquin, Shasta, Sierra, Siskiyou, Butte, Plumas, Yuba, and Trinity, the per diem shall not exceed six dollars, and in the aggregate not to exceed two hundred and fifty dollars; and, provided, further, that in the County of Sacramento the per diem to be paid to the Supervisors for their services shall be six dollars to each, but the aggregate of per diem as aforesaid shall not exceed eight hundred dollars for any one year to each Supervisor. Proviso. SEC. 2. This Act shall take effect from its passage. CHAP. CCXXXV.-An Act concerning Roads and Highways in [Approved April 14, 1863.] The People of the State of California, represented in Senate and applicable. SECTION 1. The provisions of an Act entitled an Act con- Act cerning roads and highways in certain counties of this State, approved May fourteenth, eighteen hundred and sixty-one, are hereby extended and made applicable to the County of Colusa. SEC. 2. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. CHAP. CCXXXVI.—An Act to grant the right to construct a Turnpike Road from the Town of Sutter Creek to Volcano, in the County of Amador. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. A. Hayward, James Tullock, R. C. Downs, E. B. Grantees. Woolby, C. C. Belding, S. Hanford, John Keyes, F. Richling, together with such associates as they may admit, and their heirs and assigns, shall take, have, and enjoy, all the rights, privileges, right of way, franchises, and immunities, as hereinafter mentioned, upon condition that they and their associates shall incorporate themselves under the general law of the State regulating corporations, and providing for the incorporation of plank and turnpike road companies, and shall abide by and fulfil the further conditions hereinafter mentioned. SEC. 2. The said company shall have full power to build and Powers. maintain a public turnpike road, commencing at the Town of Sutter Creek, and running from thence along the route surveyed by Hanford, in February, A. D. eighteen hundred and sixty-three, or as near thereto as may be practicable, to Volcano, in said county, and enjoy all the rights, privileges, and immunities thereunto appertaining, and shall have the right of way, which is hereby granted and ceded to said company, for the term of twenty years, and the State enters into these covenants, and grants these rights and privileges upon the express condition, that within one year said company shall commence, and within two years complete, said turnpike road, from and after the passage of this Act; provided, that said turnpike shall Proviso. not interfere with or obstruct any public road or roads now in use. SEC. 3. The laws of this State providing for the incorpora- Laws made tion of plank and turnpike road companies, are hereby ex- applicable. tended to and made applicable to said Sutter Creek and Volcano |