CHAP. CCCCLVIII.-An Act to enable Jesus Maria Soto and [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Jesus Maria Soto and Mariano Soto, minors, re- Disability spectively of the ages of twenty years and of eighteen years, removed. children of Barbara Castro de Soto and her now deceased husband, Francisco Soto, are hereby severally authorized and empowered to make partition of any real estate belonging to them, or in which they may be interested as joint tenants, or tenants in common with other person or persons, and to sell and convey such real estate, and to execute, acknowledge, and deliver their respective deed or deeds therefor, with the same force and effect, in all respects, as if they had arrived at the full age of majority, their disability from nonage being hereby removed; but no deed of partition or conveyance of any such interest or estate so executed by them, or either of them, shall be effectual to convey the estate of said minors, or either of them, until the same shall have been submitted to and approved by their mother, the said Barbara Castro de Soto, and the District Judge of the sale to be Judicial District, or the Probate Judge of the county, in which approved. the lands so partitioned or conveyed are situated. SEC. 2. The approval of their mother, the said Barbara Castro Approval to de Soto, shall be in writing, and subscribed and acknowledged be recorded. by her, and the approval of said District Judge, or of said Probate Judge, shall be in writing, and subscribed by him; and it shall be the duty of the County Recorder of the county in which the lands so partitioned or conveyed are situated, in recording. said deed or deeds, also to record as parcel thereof the said approval of said Barbara Castro de Soto, and the said approval of said District Judge, or of said Probate Judge, and such record shall impart notice to all persons in the premises as fully as is or may be prescribed by law in any other case. CHAP. CCCCLIX.—An Act to amend an Act entitled an Act conferring certain powers upon Guardians of Insane Persons, passed March twenty-seventh, eighteen hundred and fifty-eight. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act entitled an Act conferring certain powers upon Guardians of insane persons, passed March twenty-seventh, eighteen hundred and fifty-eight, is hereby amended so as to read as follows: Guardian. may sell property in certain cases. Section 1. Whenever any minor or insane person shall have any claim for lands derived from Spanish or Mexican authorities, and such claim shall have been rejected by the Commissioners to ascertain and settle private land claims in the State of California, the Guardian of such minor or insane person, appointed or to be appointed by the Probate Court or Judge, shall have power to employ Counsel on behalf of such minor or insane person, and on such terms as he may deem to the best interest of his ward, to prosecute such claim on appeal before the District Court, or the Supreme Court of the United States; and for that purpose he may sell and convey such portion of the land so claimed as may be necessary therefor, and to meet any necessary expenses that may be incurred in the prosecution of such claim. The deed of conveyance by the Guardian shall be approved by the County Judge of the county in which the land is situated, by his approval, in writing, indorsed thereon, and shall be effectual to pass the estate of the said minor or insane person in and to the land so conveyed; provided, that any contract so made with Counsel for the prosecution of any such appeal shall be firs: approved by the Judge of the County Court of the county in which the land lies, upon petition duly presented for that purpose by the Guardian; and, provided, further, no sale of land for the purpose aforesaid shall take place without a similar approval by the County Judge aforesaid, upon a like petition of the Guardian. Stockholders shall be credited for money paid for company CHAP. CCCCLX.-An Act to amend an Act entitled an Act to provide for the formation of Corporations for certain purposes, approved April fourteenth, eighteen hundred and fifty-three. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section sixteen of said Act is hereby amended so as to read as follows: Section 16. Each stockholder shall be individually and perSonally liable for his proportion of all the debts and liabilities of the company contracted or incurred during the time that he was a stockholder, for the recovery of which joint or several actions may be instituted and prosecuted. In any such action, whether joint or several, it shall be competent for the defendant or defendants, or any or either of them, on the trial of the same, to offer evidence of the payment by him, or them, or any or either of them, of any debts or liabilities of such corporations, and upon proof of such payment, the same shall be taken into account and credited to the party or parties making such payment, and judgment shall not be rendered against the party or parties defendant proving such payment for a sum exceeding the amount of his or their proportion of the debts and liabilities of such incorporations, after deducting therefrom the sums prov en to have been paid by him, them, or any or either of them, on account thereof. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCCCLXI.-An Act to repeal an Act amendatory of and supplemental to an Act entitled an Act to establish a Standard of Weights and Measures, approved May eleventh, eighteen hundred and sixty-one. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. An Act amendatory of and supplemental to an Act repealed Act entitled an Act to establish a standard of weights and measures, approved May eleventh, eighteen hundred and sixtyone, is hereby repealed. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCCCLXII.-An Act for the Relief of James Osborn, County [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The sum of forty-eight dollars and thirty-four Approcents is hereby appropriated, out of any moneys in the State priation. Treasury not otherwise appropriated, to be paid to James Osborn, Treasurer of Klamath County, said amount being the sum unavoidably lost in assaying and coining the State's portion of taxes collected in Klamath County, and for settlement made on the fifteenth day of May, one thousand eight hundred and sixty-two; and the Controller of State is hereby authorized and directed to issue his warrant on the State Treasurer for the above sum to James Osborn, or to his assigns. 93 Term of office. CHAP. CCCCLXIII.—An Act to amend an Act entitled an Act to provide for the Appointment of a Reporter of the Supreme Court, and to define his duties and compensation, approved April nineteenth, one thousand eight hundred and fifty-six. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section two is hereby amended so as to read as follows: Section 2. The Reporter shall hold his office for the space of four years from the date of his appointment, and until his successor is appointed and qualified. CHAP. CCCCLXIV.-An Act to change the name of Charles G. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for the person heretofore bearing the name of Charles G. Scott, to change the said name to George C. Bryson. SEC. 2. This Act shall take effect from and after its passage. Controller to issue warrant. Proviso. CHAP. CCCCLXV.—An Act for the Relief of Matthew Crooks. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. That the Controller of State be and is hereby authorized and directed to. issue to Matthew Crooks a State warrant for the sum of seventy-five dollars and sixty cents; provided, that a good and sufficient bond shall be first executed on the part of said Matthew Crooks, in the penalty of one hundred and fifty dollars, to be approved by the Controller, conditioned to indemnify the State from the payment of a State warrant dated October twenty-first, eighteen hundred and sixty. one, Number Four Hundred and Eighty-Eight, for the sum of seventy-five ($75 60) dollars, alleged to have been lost by said Crooks; and, provided, further, that the said Matthew Crooks shall furnish satisfactory evidence to the Controller, by affidavit or otherwise, of the loss of such amount. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCCCLXVI.-An Act concerning the Police Judge's Court of the City and County of San Francisco. [Approved April 27, 1863.] The People of the State of California, represented in Senate and of Record. SECTION 1. The Police Judge's Court of the City and County Not a Court of San Francisco is hereby declared not to be a Court of Record. SEC. 2. All Acts and parts of Acts in conflict with this Act are repealed so far as they conflict herewith. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CCCCLXVII.-An Act to provide for the punishment of Persons cutting Timber upon or carrying the same, when cut down, from any of the Swamp and Overflowed, Tide, or Marsh, or School Lands, belonging to this State. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Any person or persons who shall cut down any Penalties. timber growing or standing upon any Swamp and Overflowed, Tide, or Marsh, or School Lands, belonging to or claimed by this State, or who shall destroy or carry away any timber, when cut down, for the purpose of selling or in any other manner disposing of the same for money or any valuable thing, shall, upon conviction in a Court of competent jurisdiction, be fined in any sum not exceeding one thousand dollars, nor less than fifty dollars, or imprisonment in the County Jail not less than twentyfive nor more than one hundred days, or both such fine and imprisonment, at the discretion of the Court; provided, however, Proviso. that nothing in this Act shall be so construed as to prevent any person or persons from removing and selling any wood which they may have cut or caused to be cut previous to the passage of this Act on any lands belonging to or claimed by this State. SEC. 2. All fines collected under the provisions of this Act shall be paid into the County Treasury of the county where the lands are situated, and placed to the credit of the School Fund, if the lands upon which the trespass was committed were School Lands, otherwise to the credit of the Swamp Land Fund. |