&c., at expense of parties. tirely at their own expense, and keep in repair, the line on which Road graded, said road shall be constructed. Said road shall be laid in the center of said Market and Valencia streets and shall be a double iron track, and shall not occupy a space of more than twenty-two feet from outside rail to outside rail; and the grading of said road shall conform to the grade of the said streets, as the same has been established by ordinance of the Common Council of said city. SEC. 3. Said parties shall complete, within the period of twelve Road when to be months next following the passage of this Act, a section of said built and comRailroad, which shall be equal to one-fourth of the distance from the point of commencement to Center street; and within a period of four months next following, a second section, equal to another fourth of said distance; and within a period of four months next following, a third section, equal to the third fourth of said distance; and within the period of four months thereafter, shall complete the remaining section, to Center street, in said city. pleted. lege forfeited. SEC. 4. To insure the completion of said road, it is provided Failure, privithat if the parties designated in Section first shall fail to fulfil any of the conditions contained in Section third of this Act, in respect to the completion of any of the said sections of the said road, within any of the several periods therein named, then this privilege may be declared forfeited, ceased and determined, by the government of said city and county, within ten days after the expiration of such period; and thereupon the section or sections of said road, or parts of the same, that shall then be completed, or in process of completion, shall revert, with all their appurtenances, and in their then condition, to the City and County of San Francisco, unless the government of said city and county shall, for satisfactory reasons, enlarge the said period or periods. SEC. 5. Only horses and mules shall be used on the track of Animals used. said Railroad, and they shall not be driven at a speed exceeding eight miles per hour, under a penalty of one hundred dollars for each offence against this provision, upon conviction of the same, to be recovered in any court of competent jurisdiction in the city and county of San Francisco, for the benefit of said city and county. SEC. 6. Said parties shall have running, at the usual hours of travel, sufficient and comfortable cars for passengers, as well as others for the business purposes connected with the line. SEC. 7. The government of said city and county may, when said City authorities road is opened for use, from time to time, alter or reduce the rate reduce tolls, &c. of tolls, freights, fare, or other profits upon such road, but the same shall not, without the consent of the parties named in the first section of this Act, be so reduced, as to produce less than twenty-four per cent. per annum in nett receipts on the capital actually paid Reduction in; nor unless, on an examination of the amounts received and expended, they shall ascertain that the nett income derived from all sources, for the year then last past, shall have exceeded an annual income of twenty-four per cent. upon the capital paid in. limited. taxed SEC. 8. There shall be taxed yearly, for the support of the mu- Road, &c., to be nicipal and county government, as well the said road, as the cars, draft animals, and other property of the said parties, which shall be connected with, and used for the said road. SEC. 9. The privileges herein granted, shall continue during a Limit of grant. period of twenty-five years, subject nevertheless to the condition, Condition, Proviso. that the parties designated in section first, are required to sell, transfer, and convey the said road, together with the cars which may be employed upon the same, to the city and county of San Francisco, at any time within ten years after the completion of the same, upon a demand being made to that effect by the said city and county, and upon the payment to said parties, by said city and county, of the sums of money by them expended in the completion, and appurtenances of the said road, together with an interest thereupon of ten per cent. per annum, up to the period of said demand. Provided, That private parties cannot make such purchase, and that the government of said city and county shall not substitute said parties in its stead, in respect to any of the rights conceded to said city and county in this section. EXECUTIVE DEPARTMENT, April 6th, 1857. The foregoing Act was retained by me beyond the period (ten days) which is provided by the Constitution of this State within which the same could be approved or returned with my objections. I deemed it improper to give approval to the Act, as I considered the general law of the State regulating corporations confers ample right upon any duly incorporated company, to occupy so much of the public streets of a city as may be necessary to lay down a railroad track, without the necessity of a special enactment, but in consideration of the serious doubts which the corporate authorities and others of that city entertain in relation to this privilege, and so far as can be ascertained the universal expression of those authorities, as well as the community in which the work is proposed to be constructed, in favor of its passage, I have permitted the same to become a law by the necessary lapse of time. J. NEELY JOHNSON. Fourteenth CHAPTER CLV. AN ACT Supplementary to an Act entitled An Act to apportion the Senatorial and Assembly Districts of this State, passed May 18th, 1853. [Approved April 6, 1857.] The People of the State of California, represented in Senate and SECTION 1. The counties of Butte and Plumas shall form the Fourteenth Senatorial District, and shall be allowed two Senators, to be elected at the next general election. One to hold office for the term of two years, and one whose term of office shall expire on the first Monday of January, 1859, and at all subsequent general elections the office shall be filled for the term of two years. Supplementary to an Act entitled "An Act to incorporate the [Approved April 7, 1857.] The People of the State of California, represented in Senate and SECTION 1. All sales of any property situated within the cor- Sales for delinporate limits of said city for the payment of delinquent city taxes, quent taxes. shall be made at some public place within the bounds of said city. CHAPTER CLVII. AN ACT To amend an Act entitled "An Act to amend an Act entitled an Act to regulate Proceedings in Criminal Cases, passed May first, eighteen hundred and fifty-one," approved March twenty-second, eighteen hundred and fifty-six. [Approved April 7, 1857.] The People of the State of California, represented in Senate and SECTION 1. Section first of an Act entitled "An Act to amend an Act entitled an Act to regulate Proceedings in Criminal Cases, passed May first, eighteen hundred and fifty-one," approved March twenty-second, eighteen hundred and fifty-six, is hereby amended so as to read as follows: Section one. Section six hundred and ninety-two is hereby amended so as to read as follows: Compensation of Section six hundred and ninety-two. The District Attorney Dist. Attorney. shall receive on each conviction for felony, where the punishment is Proviso. death, fifty dollars; for each conviction for other felony, twenty-five dollars; on each conviction for misdemeanor, the sum of fifteen dollars; which said sums shall be assessed against the one convicted; and if the same cannot be collected from the defendant, then it shall be considered a county charge, and be audited by the Board of Supervisors. Provided, That in the Counties of San Joaquin, Humboldt, Placer and Solano, the fees allowed by this Act to District Attorneys, shall in no event, from and after the passage of this Act, become a county charge. The District Attorney shall receive ten per cent. upon all collections upon forfeited recognizances. SEC. 2. Nothing in this Act shall be held or construed to apply to the City and County of San Francisco. Blank licenses. Form of license. CHAPTER CLVIII. AN ACT Amendatory of and supplemental to an Act entitled an Act to provide for the Protection of Foreigners, and to define their Liabili ties and Privileges, approved March thirtieth, eighteen hundred and fifty-three. [Approved April 7, 1857.] The People of the State of California, represented in Senate and SECTION 1. The Act entitled an Act to provide for the Protection of Foreigners, and to define their Liabilities and Privileges, approved March thirtieth, eighteen hundred and fifty-three, is hereby amended as follows: SEC. 2. The second Section of the said Act is hereby amended so as to read as follows: It shall be the duty of the Controller of State to procure a sufficient number of blank licenses, which shall be substantially in the following form, and numbered consecutively, and a record thereof be filed in his office. Every subsequent license after the first, shall be dated from the How dated. expiration of the former license, issued by the Sheriff or his deputy, to any foreign miner, who shall have been engaged in mining from the expiration of such former license. SEC. 3 The fourth section of said Act is hereby repealed. SEC. 4. The fifth section of said Act is hereby amended so as to read as follows: Repeal. mining counties. The Controller of State shall fill the blanks for the counties, Issued to Rewhich have been left in the printed form, and shall issue to the corders of Recorder of each mining county, such number of licenses as may be required for the use of said county, taking a receipt therefor, which receipt shall be recorded in a book provided for that purpose, and shall charge the same against said Recorder; and said Recorder shall execute a bond to the State, conditioned for the Bond. faithful performance of all the duties required of him by this Act, in the sum of ten thousand dollars, to be approved by the Governor and Controller, and filed in the office of the Controller. SEC. 5. The twelfth section of said Act is hereby amended so as to read as follows: The Controller of State shall, as soon as practicable, compare Controller to the returns of the Sheriff with reports of the County Recorder; compare returns and if there should be any discrepancy in the statements, it shall be the duty of the Controller to immediately inform the Prosecuting Attorney of the county in which such delinquent resides, who shall commence suit against such delinquent and his sureties forthwith. SEC. 6. The fifteenth section of said Act is hereby amended so as to read as follows: returned. It shall be the duty of the different Sheriffs to return all unsold Unsold licenses licenses to the County Recorder, prior to the fifteenth day of December of each year, and receive new licenses, and the County Recorder shall immediately transmit to the Controller of State said licenses; such licenses so returned shall be placed to the credit of the different County Recorders, on the books of the Controller, and the licenses destroyed. books, &c. SEC. 7. Immediately upon the passage of this Act, the Treas- Transfer of urer of State shall transfer to the Controller of State, all books and papers in his office connected with the issuance of foreign miners' licenses, and when entries have been made on books containing other entries of the business of the Treasury Department, he shall deliver to the Controller certified copies of all such entries respecting the issuance of foreign miners' licenses; and it shall be the duty of the Controller of State to make the necessary settlement with the different officers for licenses heretofore issued. Treasurers. SEC. 8. It is hereby made the duty of the Treasurer of each Duty of County county to which licenses have been issued, to report to the Con. troller of State, on the first Monday of August next, and on the first Monday of every third month thereafter, the amount of money received by him on account of foreign miners' licenses. |