Proviso. Sale of lish, construct, keep, and repair a road from the said town of Bidwell to the confines of the Counties of Butte and Plumas, as a public road, to the American Valley, but no other license tax shall be paid by said company other than is fixed by this section; provided, said bridge shall be liable for State and county taxes, as other real property. SEC. 9. The rights, privileges, franchises, and immunities rights, etc. herein granted to said company may be sold and conveyed by deed whenever said company may be so authorized by the stockholders of three fourths of the stock of said company, and such grantee shall have, hold, and enjoy the same, with all the rights, privileges, franchises, and immunities granted by this Act to said company. SEC. 10. This Act shall be in force from and after its passage. Powers of, etc. Damages. CHAP. CCCLXII.-An Act to confer further powers upon the Board of Supervisors of the City and County of San Francisco. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. That the Board of Supervisors of the City and as to streets, County of San Francisco shall have full power and authority to provide, by order, for laying out, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, or alley, within the bounds of said city, which, in their opinion, the public welfare or convenience may require; to provide for ascertaining whether any and what amount in value of damage will be caused thereby, and what amount of benefit will thereby accrue to the owner or possessor of any ground or improvements within said city and county for which such owner or possessor ought to be compensated, or ought to pay a compensation, and to provide for assessing and levying, either generally on the whole assessable property within said city, or specially on the property of persons benefitted, the whole or any part of the damages and expenses which they shall ascertain will be incurred in locating, opening, extending, widening, straightening, or closing up the whole or any part of any street, square, lane, or alley, in said city and county; to provide for granting appeals to the County Court of the City and County of San Francisco, from the decisions of any Commissioners or other persons, appointed in virtue of any ordinance, to ascertain the damage which will be caused or the benefit which will accrue to the owners or possessors of ground or improvements by locating, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, or alley, within said city and county, and for securing to every such owner and possessor the right, on application within a reasonable time, to have decided, by a jury trial, whether any damage has been caused or any benefit has accrued to them, and Appeals. to what amount; to provide for collecting and paying over the amount of compensation adjudged to each person entitled, and to enact and pass all orders from time to time which shall be deemed necessary and proper to exercise the powers and effect the objects above specified; provided, nevertheless, that before Proviso. the Board of Supervisors of the City and County of San Francisco proceed to execute any of the powers vested in them by this Act, at least thirty days notice shall be given of any application which may be made for the passage of any order, by advertisement in at least two of the daily newspapers of the City and County of San Francisco, having the largest circulation; provided, further, that whenever any street or part of any Proviso. street in the said city and county, occupied or used by the track of any railroad company, shall require to be altered or widened for the convenience of public travel, and proceedings for the altering or widening the same shall have been taken under the provisions of this Act, it shall be lawful for the Commissioners appointed as in this Act provided, and whose duty it may be, to make a just and equitable assessment of the whole amount of costs, damages, and expenses, of such altering or widening, among the owners of all the lands and real estate intended to be benefitted thereby, to assess such portion of said costs, damages, and expenses, upon the corporation or company owning or using said railroad track as shall to them seem equitable and just, and such assessment shall be a lien upon any property of said corporation or company in the said city and county, and may also be enforced in the same manner as the assessment upon such owners of lands and real estate intended to be benefitted thereby. Commis SEC. 2. That before any Commissioners appointed by any Notice of aporder to be passed in virtue of this Act shall proceed to the pointment of performance of their duty, they shall give notice in at least two sioners. of the daily newspapers published in the City of San Francisco having the largest circulation, of the object of the order under which they propose to act, at least ten days before the time of their first meeting to execute the same. to be pub SEC. 3. That upon the return of any assessment to be made Copy of under any ordinance to be passed in virtue of this Act, the Clerk assessment of the Board of Supervisors of the City and County of San lished. Francisco shall cause a copy of said assessment to be published for ten days, in at least two daily newspapers of said city and county having the largest circulation. appeal. SEC. 4. That the time within which any appeal is to be made Time for from any assessment shall be computed from and after the expiration of the ten days mentioned in the preceding section. SEC. 5. All the expenses resulting from locating, opening, Payment of extending, widening, straightening, or closing up, in whole or expenses, etc in part, any street, square, lane, or alley, within said City and County of San Francisco, shall be paid out of the moneys derived from the assessments upon the property benefitted by such locating, opening, extending, widening, straightening, or closing up, in whole or in part, any street, square, lane, or alley, within said city and county; and the City and County of San Francisco SEC. 6. Bankers. Classes. Licenses. Receipt of County Treasurer. License. CHAP. CCCLXIII.-An Act to amend an Act entitled an Act to provide Revenue for the Support of the Government of this State, passed May fifteenth, eighteen hundred and fifty-four. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section seven of an Act entitled an Act to provide revenue for the support of the government of this State, passed May fifteenth, eighteen hundred and fifty-four, is hereby amended so as to read as follows: Section 7. Bankers, or dealers in exchange, shall be divided into five classes, as follows: Those drawing bills of exchange or drafts to the amount of five hundred thousand dollars, or over, per month, shall constitute the first class; those drawing bills of exchange or drafts to the amount of three hundred thousand dollars, and less than five hundred thousand dollars, per month, shall constitute the second class; those drawing bills of exchange or drafts to the amount of two hundred thousand dollars, and less than three hundred thousand dollars, per month, shall constitute the third class; those drawing bills of exchange or drafts to the amount of one hundred thousand dollars, and less than two hundred thousand dollars, per month, shall constitute the fourth class; those drawing bills of exchange or drafts in any amount less than one hundred thousand dollars per month, shall constitute the fifth class. The license for the first class shall be given upon the payment of one hundred dollars per month; for the second class, upon the payment of sixty dollars per month; for the third class, upon the payment of forty dollars per month; for the fourth class, upon the payment of twenty-five dollars per month; for the fifth class, upon the payment of fifteen dollars per month.. SEC. 2. Section eight of article three of said Act is amended so as to read as follows: Section 8. On the party paying the County Treasurer or the Collector of Taxes an amount of money in gold coin of the United States for license, in proportion to the estimated amount of business specified in this Act, and designating the town, city, or particular locality of the business establishment, or branch thereof, for which the license is desired, the Treasurer shall thereupon execute and deliver to such party a receipt therefor, in which he shall specify the amount of money paid, by whom paid, and the town, city, or particular locality: First-Upon presentation of said receipt, the County Auditor shall sign, issue, and deliver a license to the party, in which license shall be stated the kind of business authorized to be transacted, and the town, city, or particular locality of such business establishment or branch. The Auditor shall thereupon Duty of charge the County Treasurer with the amount of money speci- Auditor. fied in said receipt, in a book kept for that purpose, and shall file said receipt as a voucher in his office. The Auditor shall be Fees. entitled to demand and receive one dollar, to be paid into the Special Fee Fund, for each license issued by him under this Act, to be collected from the person receiving such license, and in no case shall any fee be allowed to Auditors for any service connected with the issuance of licenses. license. Second-The license thus obtained shall authorize the party to Form of transact any or all kinds of business or occupation therein specified, at or within the town, city, or particular locality specified in the same, within the limits of the county where obtained, during the term of three months from the date thereof, and no longer, but may be renewed at the expiration of the term of three months, subject to change by the Auditor's estimate, or by the affidavit of the party desiring renewal, if no new estimate be made by the Auditor. Third-Persons engaged in carrying letters, papers, or documents, from one part of this State to another shall not be liable to obtain licenses for that purpose. Fourth-Licenses may be procured by the party in person, by Licenses. Agent or Attorney, or by any one partner in the name of all the co-partners; and in cases of corporations, by application by the President, Secretary, or Attorney of such corporation; and the party, in every instance, making the application, shall make and subscribe an affidavit or affirmation before the County Treasurer, (when required to do so by him,) who is hereby empowered to administer the same, that he verily believes that the amount of business to be done by the business establishment or branch thereof, within the next succeeding three months, will not exceed the estimate under which he applies for license; and in Affidavit of all cases where an under estimate has been made, the party hav- applicant. ing made such estimate shall be required to pay the amount necessary to make up the deficit before a new license shall issue. Licenses shall be procured immediately before the commencement of any business or occupation liable to license under this Act, and shall be renewed quarterly thereafter. Fifth-Every person, corporation, or company, and the Agent Violations. or Agents of such person, corporation, or company, who shall transact, carry on, or commence any of the occupations by this Act required to be licensed, without first taking out a license in the manner provided by this article, shall be liable to an action in the name of The State of California, in any Court of competent jurisdiction, for double the amount of the required license, Penalties. for at least one quarter year, with costs of prosecution, and in case judgment shall be obtained against the party prosecuted, the Court shall tax as costs, and include in the judgment against the defendant, twenty-five per cent on the amount adjudged to be due, and fifteen dollars for fees of the District Attorney, to be paid to the County Treasurer for State or county purposes, as the case may be; and the judgment shall be a lien on all Liens. billiard tables, bowling alleys, and property of every kind belonging to or used in any such billiard room, bowling alley, theatre, circus, concert, and serenaders, or other places of performance. SEC. 3. All laws or parts of laws conflicting herewith are hereby repealed. SEC. 4. This Act shall take effect and be in force on and after its passage. Grantees and franchise. Powers of company. CHAP. CCCLXIV.-An Act to grant the right to construct a Turnpike between Chinese Camp, in the County of Tuolumne, and the Town of Aurora, in the County of Mono. [Approved April 20, 1863.] The People of the State of California, represented in Senate and SECTION 1. Jno. T. Haines, Jno. L. Murphy, Otis Perrin, Geo. W. Watson, J. F. Baker, A. Gardner, C. H. St. John, Geo. Reed, James Tannahill, Alex. Kirkwood, W. C. Priest, Jno. Hardin, S. M. Miller, C. C. Buckman, D. Vedder, A. Halsey, E. Brown, W. Walkerly, C. J. Deering, Isaac Dessler, S. Kingsley, Daniel Munn, Jno. H. Watts, A. S. Crocker, Alex. Stone, E. N. Longfellow, and Jno. S. Watts, of the County of Tuolumne, H. H. Hewlett, Geo. S. Ladd, S. P. Fogg, Morris Dooley, of the County of San Joaquin, Albert Mack, Alex. Gamble, S. W. Craigue, and W. Wetherell, of the County of Mono, J. N. Montgomery, Dr. Barfield, and Scott, of the County of Merced, Lock, H. Palmer, and Geo. Buck, of the County of Stanislaus, E. C. Bell, J. W. Smith, and Geo. Coulter, of the County of Mariposa, or their assigns, shall have, take, possess, and enjoy, all the rights, privileges, rights of way, franchises, and immunities, hereinafter mentioned, upon condition that they or their assigns shall incorporate themselves under the general law of the State regulating corporations and providing for the incorporation of turnpike roads, and shall adopt the name of the "Yo Semite Turnpike Company," and shall abide by and fulfil the further conditions hereinafter mentioned. SEC. 2. The said company shall have full power to construct and maintain a public turnpike road from Chinese Camp, by the way of the Town of Big Oak Flat, in the County of Tuolumne, to the Town of Aurora, in the County of Mono, and shall have and enjoy the rights, privileges, and immunities, thereunto appertaining, and shall have, possess, and enjoy, the right of way, which is hereby ceded to said company for the term of forty years. The State enters into these covenants, and grants these rights and privileges, upon express condition, that within six months from the passage of this Act the said company shall commence and within two years complete said turnpike road; provided, that the said company shall in no manner interfere with any of the public roads in the County of Tuolumne, so as to hinder, delay, or obstruct, travel upon the same. |