Amounts labor. the construction of such proposed cross levee except as in this section provided. SEC. 12. In the work of reclamation herein provided for, ten allowed for hours shall constitute a day's work, for which the following amounts shall be allowed: For one day's work of one man, with shovel or spade, two dollars; for one man, two horses and scraper, five dollars per day; for one man, one yoke of oxen and scraper, three dollars and fifty cents per day. Construction of levees. Levees now built. Payment for Acta repealed. SEC. 13. The levees, or other work of reclamation to be constructed under the provisions of this Act, shall be in accordance with the plans and specifications made by the Engineer of Swamp Land District Number Two, now on file and in the possession of the State Board of Swamp Land Commissioners. SEC. 14. If in the construction of the levees herein provided for, it shall be found necessary to use any levee or a portion of a levee heretofore constructed, such levee or portion of a levee shall be paid for as hereinafter provided; provided, always, that such levee or portion of a levee shall be on the line and in accordance with the plans and specifications heretofore adopted by the Board of State Swamp Land Commissioners. SEC. 15. For the purpose of ascertaining the amount due for levees or portions of levees heretofore constructed, the Levee Commissioners of said district shall employ some competent, disinterested person, to measure the work heretofore done, and report the number of cubic yards of such constructed levee to the Levee Commissioners, who may, in their discretion, allow a sum not exceeding ten cents per cubic yard for such work; provided, always, that no pay shall be allowed for any levee constructed under the direction of the Levee Commissioners of the City of Sacramento. In payment for the levees heretofore constructed, and which may be used in the reclamation of the district as herein authorized, the Levee Commissioners shall issue certificates to the claimants for fifty per cent, payable out of the tax first to be levied, and fifty per cent to be paid out of the tax to be levied in the following year. SEC. 16. Two Commissioners shall constitute a quorum for the transaction of business. SEC. 17. Section two of the Act of which this Act is amendatory, and all Acts and parts of Acts, so far as they relate to Swamp Land District Number Two, and conflict with the provisions of this Act, are hereby repealed; provided, that such repeal shall not be construed to affect or divert any moneys received into the State Treasury from the proceeds of sales of Swamp Lands, or proceeds from interest due on the purchase money on Swamp Lands in said district, as is provided in section seventeen of an Act entitled an Act concerning the construction and repairs of levees in the County of Sacramento, and the mode of raising revenue therefor, approved April ninth, eighteen hundred and sixty-two. SEC. 18. This Act shall take effect and be in force from and after its passage. CHAP. CCCXVI.—An Act supplementary to and to amend an Act entitled an Act to amend an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, and repealing certain other Acts in relation to said City, approved April twenty-fourth, eighteen hundred and sixty-two. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section fifty-seven of said Act is hereby amended so as to read as follows: Council. Section 57. The City Council shall, when they may deem the Powers of same necessary, establish by ordinance a general plan or plans of streets, for any and all portions of the city not laid out into streets; and after such plan or plans shall have been so established, any improvements which may thereafter be made, or erected, or constructed, within the lines of any street contemplated by said plan or plans, shall not be included in any assessment of damages which may be made when the city proceeds to open said streets. Applications for opening any street or streets Streets. embraced in any plan heretofore adopted, or to be hereafter adopted, by the City Council, shall be made to the Council by petition in writing, designating the street or any part thereof desired to be opened, which said petition shall be signed by the applicant or applicants, and shall state their places of residence. If the City Council so resolve, it shall direct the City Marshal to give written notice to the owners or the occupants of the land embraced within the lines of said street, or owning or occupying the lands abutting upon the same, which said notice shall briefly state the substance of said petition, and shall require such owners or occupants to appear before such Council, at the time which said Council shall designate by resolution, which shall not be less than twenty days from the adoption of such resolution, and not less than ten days after the service of said notice upon said owners or occupants, then and there to state any objections they may have to the opening of said street; provided, however, that whenever the lands embraced within said lines of said streets, or abutting upon the same, are vacant or unoccupied, or the owners or occupants thereof cannot be found within the limits of said city by said Marshal, then, and in that event, it shall be a sufficient service of said notice upon said owners or said occupants, to post the same in a conspicuous place upon said vacant or unoccupied lands, and also at the office of the Mayor of said city, at least ten days prior to the said time fixed for said appearance. At the time appointed for said hearing, the parties notified shall appear and briefly state, in writing, their objections, if any they have, to the opening of said street or streets, and if damages are claimed, shall also therein state the amount thereof; if damages are claimed, the Council shall designate a day to determine the same, which shall not be less than ten days after the time so appointed to hear said parties as aforesaid. Upon such designated day, or such other day to which the hearing of the same shall be continued, the Council shall Aggrieved parties. Damages. proceed to hear the allegations of the parties, and such process as may be produced in support of or against the same, for which purpose the presiding officer at such meeting of said Council shall have power to administer all necessary oaths or affirmations, and if the party to whom the same is administered shall wilfully, corruptly, and falsely swear touching the matter in issue before said Council, he shall be deemed guilty of perjury, and upon conviction thereof, shall be punished by imprisonment in the State Prison for any term not less than one nor more than fourteen years. Thereupon, said Council shall separately assess the amount of damages to each person entitled to the same; provided, that if the opening of said street or streets shall benefit the lands abutting upon or adjacent to the same, and increase the value thereof, such benefit and increase in value shall be estimated, and deducted from the damages. If, however, after being notified as aforesaid, said owners or occupants fail to appear and claim damages as aforesaid, the said Council shall only award them nominal damages. Any owner or occupant of land aggrieved by the action of the Council respecting the amount of damages allowed them, shall have the right to appeal to the County Court of the County of Alameda, where said question of damages, and none other, shall be heard anew and determined. Said appeal shall be taken by filing a notice with the Clerk of said County Court, and by serving a copy upon the Mayor of said city, within five days after said assessment of damages by said Council; and within three days after the filing of such notice, said aggrieved party shall cause to be transmitted to the said County Court a copy of the order or resolution of said Council assessing said damages, certified to by the Clerk of said Council, for which copy and certificate said Clerk shall be entitled to receive a fee of two dollars. Upon the filing of said certified copy of said order or resolution in said County Court, together with an undertaking on the part of said appellants, in the sum of one hundred dollars, executed by two good and sufficient sureties, to be approved by the Mayor of said city, which said undertaking shall be conditioned to the effect that the said appellants will pay all the costs of the appeal and all costs that may be recovered against him or them in said County Court; provided, he or they recover therein no greater sum as damages than were assessed or allowed by said Council. together with ten per cent additional thereto. The County Judge shall order a special term of said County Court to be holden upon a day to be designated, not more than ten days after the filing of said certified copy of said resolution or order, at which said special term, the said issue as to damages shall be tried de novo, with or without a jury, as the parties may desire; and upon the rendition of judgment therein, a certified copy thereof shall be transmitted by the Clerk of said Court to the Clerk of the City Council, who, upon the order of said Council, shall cause the amount thereof to be paid by the Marshal of said city to the parties entitled to the same. Said judgment shall separately state the amount of damages to which each party is entitled. If the appellants, or either of them, recover no more in said County Court than the amount allowed or assessed to him by said Council, together with ten per cent additional thereto, he shall pay the costs of the appeal; but if he or they recover a sum more than ten per cent beyond the amount so allowed, he shall be entitled to recover of said city the said costs of appeal; provided, that if any claimant of damages shall not give notice of appeal in the manner and within the time hereinbefore specified, then he shall be deemed to have assented to said assessment of damages by said Council; and, provided, further, that if any occupant or owner of such lands shall fail, after being notified as aforesaid, to appear and claim damages, he shall be deemed to have waived his right of appeal to said County Court. The provisions of an Act entitled an Act to regulate proceedings in civil cases in the Courts of Justice of this State, and the Acts amendatory thereof and supplementary thereto, shall be applicable so far as the same are not inconsistent with this Act. There shall be the same right to an appeal from any such judgment rendered in said County Court as if the action had been originally brought therein. When the amount of dam- Payment of ages shall be finally ascertained and determined, the said Coun- damages. cil shall order the City Marshal to pay the amount thereof to the parties entitled thereto, and upon such payment, or the tender thereof, the said Marshal shall proceed and open said street. All streets that have been laid out by the authorities of the Town or City of Oakland, and declared to be public thoroughfares or streets, and that have been used as such, shall be and are hereby declared public streets, to the extent that the same may have been used; provided, that private rights of property shall not be affected thereby. SEC. 2. Section fifty-eight is amended so as to read as follows: Section 58. An Act to incorporate the City of Oakland, passed Acts March twenty-fifth, eighteen hundred and fifty-four, and also an repealed. Act to amend an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fiftyfour, approved May fifteenth, eighteen hundred and sixty-one, and also, an Act amendatory of and supplementary to an Act entitled an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four, approved May fourteenth, eighteen hundred and sixty-one, and also, all other Acts in conflict with the provisions of this charter, are hereby repealed; provided, that the validity of the ordinances or pro- Proviso. ceedings of the Trustees of the Town of Oakland and of the authorities of the City of Oakland shall in no wise be affected thereby. 60 Grantees. CHAP. CCCXVII.—An Act to provide for a Railroad within the [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. The right is hereby granted to J. F. Houghton, R. II. McDonald, James A. Duffy, C. H. Grimm, E. B. Kenyon, F. F. Fargo, G. W. Chesley, H. T. Holmes, I. B. Marshall, T. W. Whitemore, and their associates or assigns, to lay down and maintain an iron railroad within the City of Sacramento, along Route ofroad and upon the following streets: Commencing at the intersection of K street with the eastern line of Front street; thence along K street to Tenth street. Also, from the intersection of J with the eastern line of Front street; thence along J street to Sixth street. Also, from the intersection of Tenth and G streets; thence along Tenth street to Y street. Also, from the intersection of Tenth and M streets; thence along M street to Sixth street; thence along Sixth street to J street. Also, from the intersection of Twentieth and G streets; thence along G street to Ninth street; thence along Ninth street to H street; thence along I street to Seventh street; thence along Seventh street to I street; thence along I street to Sixth street. Also, from the intersection of Second and J streets; thence along Second street to Y street, with lateral branches in N, P, and Q streets, from Second street to the eastern line of Front street; provided, that the consent of a majority of property owners of each block on the line of J street shall be obtained to the construction of said road along J street, to be estimated by the front foot. Such consent shall be given in writing, and proof of the same shall be made before the Board of Trustees of said city, at a regular meeting of said Board. If said Board are satisfied such consent has been given, they shall declare the same by ordinance; and until after the passage of such ordinance, it shall not be lawful to lay down any portion of said railroad along J street. Said railroad to have a single track, the rails to be of the most approved pattern now used in San Francisco, with the proper and necessary switches and turnouts along the whole route, and to run cars thereon not exceeding twenty-four feet in length, at convenient hours of every day and night, for the transportation of passengers. Consent of property owners. Track, rails, etc. Duties of owners. Width of truck. SEC. 2. The owners of said railroad shall pave, plank, or macadamize, (as the proper authorities of said City of Sacramento shall direct,) the streets through which said railroad shall run, along the whole length thereof for a width extending two feet on each side of said roads, and between the rails, and shall keep the same constantly in repair; provided, that said repairs shall not embrace the raising or filling in of any of the streets to a higher than the present grade. SEC. 3. The track of said railroad shall not be more than five feet wide within the rails, and shall be laid as nearly as possible in the centre of each street, and flush with the level of the |