Preamble.

Fees

legalized and confirmed.

CHAP. CCCCXXXVI.-An Act to revise an Act entitled an Act to regulate Fees in Office, approved April tenth, eighteen hundred and fifty-fire, and to legalize the acts of certain Officers in the County of Calaveras for certain purposes.

[Approved April 27, 1863.]

WHEREAS, By the passage of an Act, approved April twentyfifth, eighteen hundred and sixty-two, entitled an Act to repeal an Act entitled an Act to regulate the fees of certain officers in Calaveras County, approved May twentieth, eighteen hundred and sixty-one, without an express clause revising the Act repealed by said Act of eighteen hundred and sixty-one, and in conflict therewith, such officers have since been demanding and collecting fees under the Act named in the title hereof, under misapprehension of their authority so to do; Therefore, The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. All bills and charges, collected and outstanding, for fees and official services rendered by the Clerk of the county, and of the District, County, and other Courts, and by all other officials of Calaveras County entitled to charge and collect fees for official services under and by virtue of and prescribed by the Act mentioned in the title hereof, from the twenty-fifth day of April, eighteen hundred and sixty-two, to the date of the approval of an Act entitled an Act to regulate fees of certain officers in the County of Calaveras, approved April thirteenth, eighteen hundred and sixty-three, are hereby legalized and confirmed, and each of said officers is hereby authorized and empowered to collect by process of law, or otherwise, any and all such fees, outstanding and unpaid, for official services rendered between the dates last above mentioned, as fully and completely as if the said Act of eighteen hundred and fifty-five were in force and effect at the time such charges and services were made and rendered; provided, all such charges are in accordance with and authorized by said law.

SEC. 2. This Act shall not be construed to affect or conflict in any manner with the Act entitled an Act to regulate fees of certain officers in the County of Calaveras, approved April thirteenth, eighteen hundred and sixty-three, and named in section one of this Act.

SEC. 3. This Act shall take effect from and after its passage.

CHAP. CCCCXXXVII.-An Act to grant the right to construct a
Bridge across the Albion River near its mouth.

[Approved April 27, 1863.]

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

SECTION 1. James Hall, and such persons as he may associate Franchise. with him, are hereby authorized to construct and maintain a public toll bridge across the Albion River, near its mouth, at or near the place now occupied by said James Hall as a ferry, in Mendocino County; and shall have and they are hereby granted the right of way across said river, with all the privileges, immunities, and franchises thereunto belonging, upon condition that he and his associates shall, within nine months from the passage of this Act, incorporate themselves under the laws of this State regulating corporations and providing for the incorporation of bridge companies, and adopt the name of the "Albion River Bridge Company," and fulfil the other conditions of this Act.

SEC. 2. Said company are granted the right of way across Conditions. said river for twenty-five years; provided, they commence the construction of said bridge within nine months and complete the same within two years from the passage of this Act, otherwise the right to build said bridge to cease; and said company shall at all times keep said bridge in passable order, and be responsible for all damage arising to any person or property crossing said bridge, for neglect or failure so to do.

SEC. 3. Said bridge shall be built in a substantial manner and of durable materials, and shall have a draw or opening of sufficient width to admit any vessel that may wish to pass the same, and said company shall at all times keep said draw or opening in a good working condition, and allow any vessel or boat to pass at any time they may wish. Said company shall be liable for any damages that may accrue by neglect or inattention to the duties as prescribed, to be recovered by an action in any Court of competent jurisdiction; and at the expiration of ten years from the completion of said bridge, the County of Mendocino shall have the right to purchase said bridge at a valuation, to be fixed by three Appraisers, one to be selected by said company, one by the Board of Supervisors of the county aforesaid, and one by the two Appraisers heretofore mentioned, after which purchase the right to collect tolls shall cease.

SEC. 4. Said company, from and after the completion of said bridge, shall be authorized to collect such tolls as the Board of Supervisors aforesaid may fix annually, and such rates of toll shall be posted in a conspicuous place at each end of said bridge; and they may by like notice limit the speed of travel on said bridge to a walk; and for each violation of said rules in relation to speed, may recover judgment in any Court of competent jurisdiction for any damage thereby occasioned.

Defendant

CHAP. CCCCXXXVIII.-An Act to amend an Act entitled an Act to provide Revenue for the Support of the Government of this State, approved May seventeenth, eighteen hundred and sixty-one.

[Approved April 27, 1863.]

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

SECTION 1. Section forty-two of said Act is hereby amended so as to read as follows:

Section 42. The defendant may answer, which answer shall may answer. be verified:

First-That the taxes have been paid before suit.

Second-That the taxes, with costs, have been paid since suit. or that such property is exempt from taxation under the provisions of section four of this Act.

Third-Denying all claim, title, or interest in the property assessed, at the time of assessment.

Fourth-That the land is situate in and has been duly assessed in another county, and the taxes thereon paid.

Fifth-Fraud in the assessment, or fraud in failing or neglecting to comply with the provisions of this Act, by which fraud the party or property assessed has suffered injury; provided, however, that the acts herein required between the assessment and the commencement of suit, shall be deemed directory merely, and no other answer shall be permitted; and, provided, further. that in all suits now pending for the collection of taxes under the provisions of this Act, the defendant shall be allowed to interpose the defence allowed by the fourth subdivision of this section; and, provided, further, that if any such suit has proceeded to judgment, and such judgment remains wholly unsatisfied, the defendant shall be entitled to have such unsatisfied judgment re-opened for the purpose of setting up the defence allowed by the fourth subdivision of this section, and shall be entitled to avail himself of such defence as fully as he may by due course of pleading in suits hereafter to be commenced; and, provided, further, that in case a judgment shall be re-opened under the provisions of this section, and the defence allowed by the fourth subdivision thereof shall be unsuccessfully interposed, such re-opening shall not have the effect to change the date of such judgment; but the same, and the liens thereby created, shall stand as if the said judgment had not been re-opened.

SEC. 2. This Act shall take effect and be in force from and after the date of the passage thereof.

CHAP. CCCCXXXIX.-An Act to authorize the County Auditor of
Tulare County to issue Bonds to aid in the Construction of a Wagon
Road.

[Approved April 27, 1863.]

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

issued.

SECTION 1. The County Auditor of the County of Tulare is Bond to be hereby authorized, upon the order of the Board of Supervisors thereof, to issue the bonds of said county for any amount not exceeding twenty-five thousand dollars. Said bonds shall be signed by the County Auditor, and countersigned by the County Treasurer of said county, shall be of the denomination of five hundred dollars each, shall bear interest at the rate of ten per cent per annum, and shall be made payable, as near as may be, in equal instalments, in three, five, and seven years from the date of their issue.

SEC. 2. Said bonds, when so issued, shall only be used by the Loan. Board of Supervisors as a loan to aid in the construction of a wagon road from Tulare Valley to or near the Forks of Kern River, over what is known as McFarlane's Pass, and for that purpose said Board of Supervisors may loan said bonds on such terms as they may deem most advisable.

SEC. 3. Said Board may order said bonds to be issued with Coupons. coupons attached thereto, and the interest made payable thereon annually or semi-annually, in their discretion, at the office of the County Treasurer, or such other place as they may designate, which coupons shall be duly numbered, and express thereon the amount of interest due each year, when and where payable, and shall be signed by the County Auditor, and countersigned by the Treasurer, in the same manner as the bonds are required to be signed.

SEC. 4. It shall be the duty of the Board of Supervisors to keep a record of the number, denomination, and amount, of all bonds issued, showing the date of issue, to whom issued, and the number of each bond.

SEC. 5. Before any of the bonds hereby authorized to be Bond of issued are delivered, the Board or Supervisors shall take from indemnity. the party or parties who are to receive them, a good and sufficient bond of indemnity, conditioned that they will be appropriated to the uses and purposes of their issue, with such other conditions as may by them be deemed necessary to protect the interests of the county.

SEC. 6. In addition to the taxes now authorized by law to be Tax levied in the County of Tulare, the Board of Supervisors are authorized. hereby authorized to levy and have collected by the proper officers, such additional tax as they may deem necessary, to be called "The Road Bond Tax," to meet the requirements of this Act. The manner of levying and collecting said tax shall be the same as that provided by law for levying and collecting State and county taxes; provided, that for the present year, the same

Bonds and coupons cancelled.

may be levied and assessed at a special meeting of the Board of Supervisors of said county, to be held for that purpose.

SEC. 7. Whenever the County Treasurer shall pay any coupons or bonds under the provisions of this Act, he shall cancel the same, and preserve the said cancelled coupons and bonds, and keep a record thereof, giving the number, date, and amount of each, and from whom received, and shall write across said coupons or bonds the words "cancelled by me," and sign his name thereto as Treasurer.

SEC. 8.

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

Franchise.

Conditions

CHAP. CCCCXL.-An Act to grant the right to construct a Wagon
Road in Tulare County.

[Approved April 27, 1863.]

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

SECTION 1. Peter Goodhue, John McFarlane, their associates and assigns, are hereby authorized to construct and keep in repair a good wagon road from Deer Creek, near the ranch of McGahey & Wingfield, to or near the Forks of Kern River, in Walker's Pass, in Tulare County, and have and enjoy all the rights, privileges, and immunities thereto appertaining, and shall have the right of way, and the right to collect tolls thereon, which are hereby granted to them, their associates and assigns, for the term of twenty years, and the State enters into these covenants, and makes these grants, and guarantees these rights and privileges, upon express condition that they and their associates shall incorporate themselves under the general law for the incorporation of wagon road companies, and upon the further condition that within one year from the passage of this Act the said grantees, their associates and assigns, shall commence and within two years complete said wagon road.

SEC. 2. The said grantees, their associates and assigns, shall have the right to enter upon and occupy private lands necessary to the location of said road, and to take and use any timber, rock, earth, or other material necessary to the construction thereof, as provided by the Act of May twelfth, eighteen hundred fifty-three, authorizing the formation of corporations for the construction of plank or turnpike roads.

SEC. 3. Said grantees shall have the right to construct said road within five miles on either side of the pack trail now in process of completion by them from Linns Valley to the Forks of Kern River, and no other toll road shall be constructed within said limits during the continuance of this franchise unless public convenience require it.

SEC. 4. The said road shall be constructed of sufficient width to admit of the passage of the largest sized teams, and shall be at all seasons in condition for travel by the heaviest freight, lumber, or other heavily laden wagons.