other times, whenever the number of ballots in the grand jury box named in the next section shall be less than thirty, or the number in the trial jury box, so named, less than one hundred, the said Board shall make a like order providing for grand jurors or trial jurors as the case may require. The whole number to be Number. returned by virtue of any order contemplated by this section shall not, for grand jurors, be less than one hundred and fifty, nor more than one hundred and seventy-five, and for trial jurors, not less than eight hundred nor more than one thousand, and shall be apportioned among the several districts aforesaid, as nearly as may be convenient in proportion to the number of the qualified electors in each district, as indicated by the number of ballots cast for Governor therein at the election for such officer next preceding such apportionment.

SEC. 2. The fourth section of the said Act is hereby amended so as to read as follows:

drawing.

Section 4. Whenever, in said city and county, an order shall Manner of be duly made for summoning a grand jury or a trial jury for a District Court or the County Court, or persons to complete any such trial jury, either for the term, or for a particular case or action, the County Clerk shall request the attendance at his office of the Sheriff of the county, and of at least two witnesses, to be named by the Judge or Court making the order, and shall, in the presence of said Sheriff and witnesses, draw by lot from the proper box the requisite number of names for grand jurors or trial jurors, as the case may be, (the number to be drawn to be named in the order, and if to form a grand jury, to be twenty-four, and if to form or complete a trial jury, to be in the discretion of the Court or Judge making the order,) and shall deliver a copy of the order, and a list of the persons so drawn, certified by him, to the Sheriff, who shall summon the persons so drawn in the manner now provided by law for summoning jurors, and shall make due. return of his proceedings with said copy and list to the proper Court; provided, however, that the Court or Judge making any Proviso. such order may direct that the persons by such order required shall be summoned by the Sheriff from the citizens of the county, but not from the bystanders, (the number of persons to be summoned to be stated in the order, and to be determined in accordance with the rule before prescribed in this section in cases of drawing,) in which case no drawing shall be required, and the persons summoned shall be equally competent jurors as if duly sworn and summoned.

SEC. 3. The fifth section of the said Act is hereby amended so as to read as follows:

Section 5. If, of the persons summoned to form a grand Grand jury. jury in accordance with either of the modes prescribed in the section next preceding, and appearing, there shall, after such as shall show cause therefor or shall be disqualified, shall be excused or discharged, remain sixteen, and no more, they shall constitute the grand jury. If more than sixteen shall remain, the Clerk of the Court shall prepare separate ballots containing the names of the persons so summoned, appearing and not excused or discharged, and deposit them in a box, and the said Clerk, or Sheriff, under the direction of the Court, shall draw from the box sixteen names, and the persons whose names are

Juror to serve but

one term in a year.

Trial jury.

Formation

of trial jury.

so drawn, shall constitute the grand jury. If, of the persons so remaining, there shall be less than sixteen, they shall be placed upon the grand jury, and the Court may order the Sheriff to summon from the body of the county, and not from the bystanders, a sufficient number of persons to complete the grand jury.

SEC. 4. The eighth section of the said Act is hereby amended so as to read as follows:

Section 8. No person having served as a grand juror or trial juror for a full term in any District Court, or as a trial juror during the trial of criminal actions for any term in the County Court, in said city and county, shall be required to serve as a juror in any of the said Courts for one year thereafter; provided, that this exemption shall not apply in the case of persons summoned to form or complete a jury for the trial of a particular case. Upon discharging a jury for the term, the Court shall direct the Clerk to issue certificates of service to such of the jurors as shall, in the opinion of the Court, be entitled thereto, which certificates shall be evidence of the fact of such service in any of said Courts.

SEC. 5. All persons summoned by virtue of any order of any of said Courts for a trial jury for any term thereof, or by virtue of any order of any of said Courts for persons to complete a trial jury for the term, shall, if not excused or discharged, be trial jurors for the term for which they are summoned, and whenever, from any cause, of the persons so summoned there shall not be a sufficient number of those not excused or discharged to form juries for the convenient and speedy transaction of business, the Court may make an order for additional persons to complete the jury for term.

SEC. 6. When any action, civil or criminal, shall be called for and drawing trial by jury in any of said Courts, the Clerk of the Court shall prepare separate ballots, containing the names of the jurors summoned and then present in Court, and deposit them in a box. The Clerk, or Sheriff, under the direction of the Court, shall then draw from the box twelve names, or such other number as may be required to form the jury, and the persons whose names are so drawn, shall, unless excused or discharged, constitute the jury. If any of the persons whose names are so drawn shall be excused or discharged, their places shall be supplied by other persons, whose names shall, in the same manner, be drawn from the box; and this process shall be repeated till the jury is completed. If all the names shall be drawn from the box before the jury is completed, the Court may make an order or orders for persons to complete the jury, and upon the return thereof, the process before prescribed as to the names and drawing, shall be continued till the jury is completed. Whenever, in any case, the jury have retired for deliberation, and are still absent, another action may be called for trial, and a jury be formed therefor, as in this section before provided.

SEC. 7. The seventh section of the said Act is hereby repealed.

SEC. 8. All general Acts and parts of general Acts relating to juries or jurors in this State, are and shall be, except so far

as they are inconsistent with this Act and the Act named in the title of this Act, in full force in said city and county.

SEC. 9. This Act shall take effect on the first day of January, A. D. eighteen hundred and sixty-four.

CHAP. CCCCII.-An Act to provide for Surveying and Establishing the Eastern Boundary of the State of California.

[Approved April 27, 1863.]

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

General

SECTION 1. The Surveyor-General of this State is hereby Surveyorauthorized and empowered to define and establish the entire of State eastern boundary of the State by running, measuring, and mark- authorized. ing a transit line between the point of intersection of the thirtyninth degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich, near Lake Bigler, and the point where the thirty-fifth parallel of north latitude crosses the Colorado River, as the said points were established by Lieutenant Ives, Chief Astronomer of the United States Boundary Commission, appointed for that purpose, and by running and marking in the same manner all that part of the said boundary lying between the first named point, near Lake Bigler, and due north from said point to the southern boundary of Oregon; provided, the whole cost of the work shall not exceed Limit of cost the sum of twenty-five thousand dollars.

and

Surveyor

SEC. 2. The Surveyor-General is hereby empowered to em- Powers of ploy such assistance and purchase such material and equipage General. as may be necessary to carry out the provisions of this Act. The Surveyor-General shall certify to the State Board of Examiners the correctness of all accounts for assistance rendered, all materials, equipage, and instruments furnished to him to carry out the provisions of this Act, who shall, if found correct, approve the same and order their payment out of the funds created by this Act; provided, that in addition to the salary Extra pay. allowed by law, the Surveyor-General shall have two thousand dollars extra pay for his services for running and marking said line.

SEC. 3. It shall be the duty of the Surveyor-General, under Duties. the provisions of this Act, to first establish and mark, with proper and permanent monuments, that portion of the boundary lying north of the thirty ninth parallel, and as soon as practicable thereafter that portion lying between the thirty-ninth parallel and the Mount Diablo base line. The Surveyor-General shall cause three copies of the maps and field notes of such survey to be prepared, and shall attach his certificate to each copy, setting forth that each map and accompanying field notes is a correct and true copy of the original survey made by him; one

Duties.

Appropriation.

Duty of Controller

and Treasurer.

Sale of property.

Copy to be transmitted to Governor

Territory.

of which shall be sent to the Department of the Interior at
Washington, with a copy of this law, one copy shall be filed
with the Secretary of State, and one copy retained in the Sur-
veyor-General's office; and such line, or any part of such line,
when run and marked as provided in this Act, shall thereafter
be regarded and confirmed the legally established eastern boun-
dary line of the State of California, and the record of such boun-
dary line, as so established by the Surveyor-General, shall be
recognized and admitted in all the Courts of this State as con-
clusive evidence that such line is the true eastern boundary of
this State.

SEC. 4. The Surveyor-General shall enter upon the discharge
of the duties enjoined by the provisions of this Act on or before
the first day of June next, and shall complete the surveys as
soon thereafter as practicable, and shall, within sixty days after
completion of the survey, cause to be made out the copies of
maps and field notes, and file and forward them as provided by
this Act. He shall make to the next Legislature a full and
detailed report of the manner in which the survey has been
made, the cost, in items, of the same, and the manner in which
he has expended the funds placed in his hands by the provisions
of this Act, and he shall pay into the State Treasury any of
such funds which may be unexpended after the completion of
the Survey.

SEC. 5. The sum of twenty-five thousand dollars is hereby appropriated and set apart out of the first money which shall be paid into the General Fund after the first day of May next, as a special Fund to carry out the provisions of this Act.

SEC. 6. The Controller is hereby directed to draw his warrant on the Treasurer, in favor of the Surveyor-General, payable out of the funds created by this Act, for the sum of five thousand dollars, to pay the contingent expenses of the survey required by this Act, and the Treasurer is directed to pay the

same.

SEC. 7. All stores, instruments, outfit, and equipage purchased for this survey, and remaining on hand at its completion, shall be sold at public auction by the Surveyor-General, and the proceeds paid into the State Treasury.

SEC. 8. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 9. It is hereby made the duty of the Governor of the State to forward a copy of this Act to the Governor of Nevada of Nevada Territory, and with it a request that the Governor of that Territory appoint some suitable person or persons of and for that Territory to accompany and act in conjunction with the Surveyor-General of this State in defining and establishing said eastern boundary; provided, that Nevada Territory shall pay all expenses of such person or persons so appointed.

Proviso.

SEC. 10. This Act shall take effect on and after its passage.

CHAP. CCCCIII.-An Act concerning Roads and Highways in the
County of San Mateo.

[Approved April 27, 1863.]

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

SECTION 1. All roads in the County of San Mateo shall be Public considered as public highways which are now used as such, and highways. have been declared such by order of the Court of Sessions or Board of Supervisors, or which may be declared such hereafter by the Board of Supervisors of said county.

to lay out,

SEC. 2. Applications to lay out, alter, or discontinue public Application or private roads within the county, shall be made by petition, alter, etc. addressed to the Board of Supervisors, in writing, and shall state with particularity the starting point, the course, and terminus thereof, if a new road; and if an alteration, change, or discontinuance of an established road, such proposed change shall be set forth in like manner. Due notice of the presentation of a petition for a new road shall be given by posting a notice at the Court House door of the county, and at a public place nearest the starting point of the proposed road, not less than ten days before the hearing of said petition by the Board of Supervisors. If the petition is for a change or discontinuance of any road, then, in addition to the notices above provided, by notifying, in writing, all parties who own or occupy the land over which the proposed road will be located, and the parties being on the line of said road proposed to be changed or discontinued. If the owner of the land is a non-resident of the county, and his residence and name known, then by placing a notice in the Post Office, directed to such owner, twenty days before the application shall be acted upon by the Board of Supervisors. The notice herein prescribed shall be in writing, signed by some one of the petitioners, and a verified copy of the notice shall be evidence thereof. If no objections are made to the granting of the prayer of the petitioners, on its presentation and action had thereon by the Board of Supervisors, they shall appoint three Viewers to view out and locate the proposed road on the most practicable route, having a due regard to the quality of the ground and the intermediate points proposed to be changed by the petitioners, also, the rights of all parties interested therein. Said Viewers shall, as soon as practicable, or at such time as the Board may direct, report to the Board of Supervisors in writing, under oath, setting forth specifically the objections made by any parties affected by said alterations, and the amount of damage that will be sustained by any person, by reason of laying out or changing said road. Upon such a report being made, the Board of Supervisors shall hear and determine all questions touching its location, and if decided against the petitioner or petitioners, he or they shall pay all costs. Parties. aggrieved by the decision of the Board of Supervisors in the location, change, or alteration of the same, shall have the right of appeal to the County Court, (within the time and manner provided for appeals from judgments rendered in the Court of a