street, and so as to offer as little obstruction as possible to the crossing of vehicles.

SEC. 4. The rates of fare for each passenger upon said rail- Fare. road shall not exceed ten cents each way, from any point on said road to the end of the route. But three tickets shall be given for twenty-five cents, which shall entitle the holder to passage on any part or the whole of the road. After the year eighteen hundred and seventy-three, the corporate authorities of the City of Sacramento may, by ordinance, reduce the price of fare to five cents for each passenger, over the whole or any part of said railroad.

SEC. 5. The cars upon said road shall be of the most Cars. approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes and other means of stopping the same when required. They shall be Motive moved by horses or mules, and not otherwise, and at a speed power, and not exceeding eight miles per hour; and in case of a violation of this provision, the owners of said road shall be subject to a fine not exceeding fifty dollars for each offence.

speed.

SEC. 6. Any person wilfully obstructing said road shall be obstructing deemed guilty of a misdemeanor, and punished accordingly.

road.

franchise.

SEC. 7. The franchises and privileges hereby granted shall Term of continue for the period of twenty-five years, to date from and after the passage of this Act; provided, that the construction Conditions. of said road shall be commenced within the period of six months from the passage of this Act, and one half the entire length of said road shall be completed, and cars running thereon, within three years from the first day of June, eighteen hundred and sixty-three, and the remaining one half shall be completed within five years from the first day of June, eighteen hundred and sixty-three. A failure to comply with the provisions of this section shall be deemed a forfeiture of the rights and privileges hereby granted.

SEC. 8. The owners of said railroad are required to sell, trans- City may fer, and convey the same, together with the cars that may be purchase. employed thereon, to the City of Sacramento, at any time after the expiration of fifteen years from the completion of the same, upon a demand being made to that effect by the said city, and upon the payment to the said parties by the said city of the appraised value of the same, exclusive of the value of the franchise; said appraisal to be made by five Commissioners, in the manner following: The Board of Trustees of the City of Sacramento shall appoint two Commissioners, and notify the grantees, or their assigns, of such appointment, who, within ten days after the receipt of such notice, shall appoint two Commis- Appraisesioners, and notify the Board thereof. The four Commissioners ment. so appointed shall elect a fifth, but in case of their inability to agree upon such fifth Commissioner within ten days, he shall be appointed by the County Judge of Sacramento. In case of a failure of the grantees, or their assigns, to appoint Commissioners on their part as above provided, or in case of their refusal to act, the County Judge shall have the power of appointing them. Said Commissioners shall make their appraisement and present their report within thirty days after the completion of the commission, and file the same in the office of the Clerk

Rights reserved.

Rights of

owners.

License.

Rights of city.

Violations

of Act.

Track to be raised to

city grade.

of the Board of Trustees. A majority of said Commissioners shall constitute a quorum, and the award of a majority shall be final and binding upon the parties. The amount of the award shall be paid by the Treasurer of the city to the grantees or their assigns within sixty days after the filing of said award, and thereupon the title to said railroad and cars shall rest in the said City of Sacramento.

SEC. 9. Nothing in this Act shall be so construed as to in anywise prevent the proper authorities of the said city from sewering, grading, paving, planking, repairing, or altering, any of the streets hereinbefore specified, but all such work shall be done, if possible, so as not to obstruct the free passage of the cars upon the said railroad; and when the same shall not be possible, the said authorities, before the commencement of said work, shall allow to the owners of said railroad time sufficient to enable them to shift the rails, or take other means so as to avoid said obstruction during the continuance thereof, which they, the said owners, are hereby authorized to do.

SEC. 10. It shall be lawful for the owners of said franchise hereby granted, their associates or assigns, at any time, to remove any portion of said railroad to any other street or streets of said City of Sacramento; provided, permission to do so shall be obtained from the Board of Trustees of said city, and the consent of the majority of property owners on the line of the street or streets to which such transfer is proposed to be made, is obtained in writing, to be estimated by the front foot; provided, further, that the provisions of this section shall not apply to J street.

SEC. 11. The owners of said railroad shall pay to the City of Sacramento a license of twenty dollars per annum upon each passenger car used by them upon said road, which payment shall be made quarterly to the city.

SEC. 12. Nothing in this Act shall prevent the city authorities from laying down a railroad in any of the before mentioned streets, and using cars thereon for the purpose of filling, grading, or repairing, the said streets; and where the road herein provided for shall intersect any other road, whether laid by the city authorities or other parties, the rail of each shall be so altered or cut as to permit the cars to pass without obstruction. SEC. 13. For a violation of any of the provisions of either of sections two, three, or four, the owners of said road shall be subject to a fine not exceeding twenty-five dollars per day for each and every offence.

SEC. 14. The said grantees shall raise the railroad track or tracks up to the present or any future grade the city authorities may hereafter establish, whenever the streets are raised or graded on either side of the track or tracks, and that said grantees shall not be entitled to, nor shall the city authorities allow, any claim for compensation or for damages for any act required to be done by said grantees or their assigns under the provisions of this Act.

CHAP. CCCXVIII.-An Act to appropriate Funds for the Defence of the State.

[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

sum

SECTION 1. For the purpose of placing this State in a more Approefficient state of defence against foreign or internal foes, the priation. of one hundred thousand dollars is hereby appropriated from any funds in the State Treasury not otherwise appropriated, to be disposed of as follows:

To each regiment existing in the Second Brigade, California State Militia, the sum of ten thousand dollars.

To the light battery of the Second Brigade, California State Militia, the sum of three thousand dollars.

To the three cavalry companies of the Second Brigade, California State Militia, the sum of two thousand dollars each.

To each company of infantry now organized, or which shall be organized within sixty days after the passage of this Act, consisting of fifty rank and file, and in the same ratio to a greater or smaller number of the First, Third, Fourth, Fifth, and Sixth Brigades, and to each company unattached to regiments of the Second Brigade, and not above enumerated, the sum of one thousand dollars.

To each cavalry company of the First, Third, Fourth, Fifth, and Sixth Brigades, now organized, or which shall be organized within sixty days after the passage of this Act, and to each additional cavalry company which may be organized in the Second Brigade within sixty days after the passage of this Act,

two thousand dollars.

SEC. 2. The moneys hereby appropriated shall be expended Expenditure in equipping for service the men comprising or which may here- of moneys. after comprise the said regiment, batteries, and companies of the Organized Militia of this State, under the direction and superintendence of the following officers, viz:

For the three regiments, light battery, cavalry companies, and companies unattached, of the Second Brigade, the Governor, and Major-General of this State, and the Brigadier-General of the Second Brigade.

For each company of the First Brigade, the Governor, and Adjutant-General of this State, and the Brigadier-General of the First Brigade.

For the companies of the Third Brigade, the Governor, and Adjutant-General of this State, and the Brigadier-General of the Third Brigade.

For the companies of the Fourth Brigade, the Governor, and the Adjutant-General of the State, and the Brigadier-General of the Fourth Brigade.

For the Fifth Brigade, the Governor, and Adjutant-General of the State, and the Brigadier-General of the Fifth Brigade,

For the Sixth Brigade, the Governor, and Adjutant-General of the State, and the Brigadier-General of the Sixth Brigade.

To be prop

SEC. 3. All articles for military purposes purchased under erty of State the provisions of this Act, shall be receipted for and held as the property of the State of California, and shall be subject, at all times, to the inspection of the Legislature, the Governor, and the Adjutant-General, and may, upon the order of the Governor, be withdrawn from the use and custody of the troops whenever misapplied, or whenever the same shall not be kept in proper order for military uses. Such bonds as shall be required by the Governor of this State for the safe keeping and return of the military property purchased under the provisions of this Act, shall be given by officers receiving the same, to be approved by the Governor, and filed in the office of the Adjutant-General of

Bonds of officers.

Duty of Controller.

Supervisors

of San Francisco

this State.

SEC. 4. The Controller of State is hereby authorized and required to draw his warrants for the sum of money herein appropriated to each brigade, in favor of the officers named in this Act, to disburse the same under the provisions of this Act, upon the written certificate of the Adjutant-General that the same is due and payable out of the moneys herein appropriated, and the Treasurer of State is hereby required to pay the same, when there is money in the Treasury for that purpose.

SEC. 5. The Board of Supervisors of the City and County of San Francisco are hereby authorized and empowered to advance, authorized. out of the General Fund of said City and County of San Francisco, the sum of money herein appropriated for the three regiments, light battery, and three cavalry companies, and also for any other companies which may be organized in said City and County of San Francisco, and be entitled to the benefits of this Act, and to receive the warrants of the Controller, hereinbefore provided, for the troops named in this section; and in case the said Board of Supervisors shall advance said sum of money, then the Governor, Major-General, and Brigadier-General of the Second Brigade, shall indorse and deliver to the Auditor of said city and county the said Controller's warrants, and upon receiving the same he shall draw his warrant on the Treasurer of the City and County of San Francisco for the said sum of money, in favor of the Governor, Major-General, and BrigadierGeneral of the Second Brigade, and the Treasurer is authorized to pay the same out of the said General Fund for the purposes herein provided for.

Duty of
Controller.

Reports of

officers.

SEC. 6. The Controller of State shall draw his warrants as provided in this Act, whether there is or is not money in the State Treasury for the payment thereof.

SEC. 7. The disbursing officers herein appointed for the disbursing various brigades, shall report the amount of money expended under this Act, and how the same has been expended, and the condition of the property purchased, to the Legislature at its

next session.

SEC. 8. This Act shall take effect and be in force from and after its passage.

CHAP. CCCXIX.-An Act to amend an Act entitled an Act to organize Townships, and regulate their powers and duties, and submit the same to a vote of the people, approved May fifteenth, eighteen hundred and sixty-two.

[Approved April 25, 1863.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1.

Section four of said Act is hereby amended so as

to read as follows:

Section 4. The corporate powers and duties of every town- Township ship shall be vested in a Board of Trustees, to consist of three officers. qualified electors of the township, who shall be elected by the qualified electors of the township, on the first Monday in May in each year, and shall hold their office for one year, and until their successors are elected and qualified. At the same time, in the same manner, and for the same term, shall be elected the following township officers: One Clerk, one Assessor, one Treasurer, one Tax Collector, and one Road Overseer for each Road District in the township. There shall also, at the township election, to be held on the first Monday in May, eighteen hundred and sixty-three, and every two years thereafter, be elected two Justices of the Peace, and two Constables, who shall hold their offices for two years from the first Monday in June succeeding their election, and until their successors are elected and qualified; provided, that the Justices and Constables elected at the first election, under the provisions of this Act, shall not take their offices until the expiration of the term of office of the present incumbents.

SEC. 2. Section seven is hereby amended so as to read as follows:

Section 7. The Board of Trustees shall have power to make Powers of such by-laws and ordinances, not inconsistant with the Consti- Trustees. tution and laws of the United States and of this State, as they may deem necessary, to prevent and remove nuisances; prohibit disorderly conduct; provide for the licensing of public shows, and bars at which spirituous liquors are sold; construct and keep in repair wharves, and issue licenses for constructing the same; lay out, alter, keep open, build, and repair streets, roads, bridges, and highways of the township; levy and collect, annually, a tax on all property in the township, not exceeding one per cent on the assessed value thereof, for the support of the township government; to assess and collect State and county taxes, including poll tax, foreign miners' licenses, and provide for the payment of the same into the County Treasury; and pass such other by-laws and ordinances for the regulation and police of such township as they may deem necessary, and fix a penalty for a violation of the same, and fix and regulate the fees and salaries of all township officers; provided, that the compensation of the Township Trustees shall not exceed three dollars per day for not more than twenty days in any one year. SEC. 3. Section nine is hereby amended so as to read as follows: