Judgments against released. CHAP. CXIX.-An Act to release certain Claims on the part of the [Approved April 3, 1862.] The People of the State of California, represented in Senate and SECTION 1. All judgments heretofore obtained by the State auctioneers against auctioneers, or persons acting as auctioneers, for noncompliance with, or failure to pay duties, under the provisions of an Act entitled an Act to provide Revenue for the Support of the Government of this State, approved April twenty-ninth, eighteeen hundred and fifty-nine, are hereby released and discharged, upon the following conditions: Conditions. Same. Dities of First-That they shall pay into the State Treasury the sum of two thousand eight hundred and twenty dollars. Second-That they shall pay Gregory Yale, in full, for all Attorney and Counsel fees in said cases; also, pay Isaac N. Thorne, in full, for assistance rendered special Counsel, and disbursements made by him. And upon the presentation of the receipt of the Treasurer of State, for the said twenty-eight hundred and twenty dollars, together with the receipts of the above named Gregory Yale, and Isaac N. Thorne, the Attorney-General is hereby authorized and directed to cancel and discharge the same of record, and to discontinue all suits and prosecutions heretofore commenced, and now pending, against any auctioneers, or persons acting as auctioneers, for non-compliance with the provisions of said Act, relative to auction duties, or for non-payment of duties under the same; and all claims of the State, for auction duties, under said Act, are hereby released and discharged. SEC. 2. This Act shall take effect immediately. Election. Residence and term of office. CHAP. CXX.—An Act to provide for the Election of Supervisors in the County of Napa. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. At the next general election, there shall be elected, in the County of Napa, by the qualified electors thereof, three Supervisors, who shall constitute the Board of Supervisors of said county. And each of said Supervisors shall qualify and enter upon the duties of his office on the first Monday of October subsequent to such election, and hold said office until his successor is elected and qualified. SEC. 2. One of the Supervisors, elected as provided in the preceding section of this Act, shall be a citizen of Napa Township, and shall hold said office for the term of three years; one shall be a citizen of Hot Spring Township, and shall hold said office for the term of two years; and the other shall be a citizen of Yount Township, and shall hold said office for the term of one year. SEC. 3. At the next general election subsequent to the gen- Election. eral election in the year one thousand eight hundred and sixtytwo, and annually thereafter, there shall be elected, in said. county, by the qualified electors thereof, one Supervisor, who shall be a citizen of the same township that his predecessor was at the time of his election, and shall qualify and enter upon the duties of his office on the first Monday of the month next succeeding such election, and shall continue to reside in said township during his term of office, otherwise said office shall be considered vacant. SEC. 4. So much of an Act entitled an Act to create a Board Acts of Supervisors in the counties of this State, and to define their repealed. duties and powers, approved March twentieth, one thousand eight hundred and fifty-five, of the Acts amendatory of and supplemental thereto, and of all other Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed, so far as the same apply to the County of Napa. the electors. SEC. 5. This Act shall be submitted to the qualified voters of Act to be Napa County, for their approval or rejection, at an election that submitted to shall be held for that purpose, on the nineteenth day of April, A. D. one thousand eight hundred and sixty-two. The said election shall be conducted and governed by the laws regulating the general elections of this State, except that Pulaski Jacks, J. M. Mansfield, and Robert Crouch, Clerk of said county, shall be substituted for and perform such duties as are authorized Certain and required to be done by the Board of Supervisors, and the duties to be said Pulaski Jacks, J. M. Mansfield, and Robert Crouch, shall canvass and declare the returns of the election to be held in pursuance of this Act. performed. SEC. 6. The ballots voted at said election shall be headed as Ballots. follows: "An Act to provide for the Election of Supervisors in the County of Napa," with the word "Yes," or "No," thereunder, as the elector may determine. SEC. 7. If a majority of the qualified voters of said county, voting at said election on that question, vote "Yes," then the provisions of this Act shall take effect and be in force in said county. If a majority of the voters in said county, voting on said question, vote "No," then this Act shall not take effect in said county. Applicants to give notice. Notice. CHAP. CXXI.-An Act amendatory of and supplemental to an Act entitled an Act to authorize Married Women to transact Business in their own names, as Sole Traders, passed April twelfth, eighteen hundred and fifty-two. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section two of said Act is amended so as to read as follows: Section 2. Any married woman, residing within this State, desirous to avail herself of the benefit of this Act, shall give notice thereof, by advertising, in some public newspaper of general circulation in the county in which she resides, for four successive weeks; provided, if any newspaper be published in said county, said publication shall be made in the paper so published in said county. Such notice shall set forth that it is her intention to make application to the District Court of said county, on the day therein named, for an order of said Court, permitting her to carry on business in her own name and on her own account, and it shall specifically set forth the nature of the business to be carried on. On the day named in the notice, or at such further time as the Court may appoint, on filing proof of publication, the Court shall proceed to examine the Hearing of application, on oath, as to the reasons which induce her to make application. the application, and if it appear to the Court that a proper case exists, it shall make an order, which shall be entered on the minutes, that the applicant be authorized and empowered to carry on, in her own name, and on her own account, the business, trade, profession, or art, named in the notice; but the insolvency of the husband, apart from other causes tending to prevent his supporting his family, shall not be deemed to be sufficient cause for granting this application. Any creditor of the husband may oppose such application, and may show that it is made for the purpose of defrauding such creditor, and preventing him from collecting his debt, or will occasion such result, and if it shall so appear to the Court, the application shall be denied. On the hearing, witnesses may be examined on behalf of either party. Before making the order, the Court or Judge shall administer to the applicant the following oath : Order. Oath. Copy of order to be recorded. "I, A. B., do, in presence of Almighty God, truly and solemnly swear, that this application is made in good faith, for the purpose of enabling me to support myself and my children, (if the applicant have minor children,) and not with any view to defraud, delay, or hinder, any creditor or creditors of my husband; and that of the moneys so to be used, in said business. not more than five hundred dollars has come, either directly or indirectly, from my husband. So help me, God." A certified copy of said order, with the said oath indorsed thereon, shall be recorded in the office of the Recorder of the county where the business is to be carried on, in a book to be kept for such purpose. SEC. 2. Section three of said Act is hereby amended so as to read as follows: liabilities of Section 3. After the order has been duly made and recorded, Rights and as provided in the second section of this Act, the person therein sole traders. named shall be entitled to carry on such business, in her own namo, and the property, revenues, moneys, and credits, so invested, shall belong exclusively to such married woman, and shall not be liable for any debts of her husband; and said married woman shall be allowed all the privileges, and be liable to all legal processes, now or hereafter provided by law against debtors and creditors, and may sue, and be sued, alone, without being joined with her husband. But nothing contained in this Act shall be deemed to authorize a married woman to carry on business in her own name, when the same is managed or superintended by her husband. Act repealed present sole SEC. 3. Section five of said Act is hereby repealed. SEC. 4. All persons now doing business as sole traders, under Act applicathe law of which this is amendatory, shall have six months ble to from and after the first day of May, eighteen hundred and traders. sixty-two, in which to give the notice and take the proceedings required by this Act; and if not done within that time, or if the application be denied by the Court, the right to transact business as a sole trader shall no longer exist; provided, how- Proviso. ever, that all property rightfully acquired by such sole trader, previous to that time, shall be held by her as her separate property. CHAP. CXXII.—An Act to authorize and empower Joshua Hendy, H. B. Tichenor, and Robert G. Bybee, to construct and maintain Booms on the Navarro River, in the County of Mendocino. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for Joshua Hendy, H. B. Tiche- Franchise. nor, and Robert G. Byxbee, and their associates, who now own, or their assigns, who may hereafter erect, purchase, or own, or be in possession of, any saw mill, or mills, whether propelled by water or steam power, for the manufacture of lumber, on the Navarro River, in the County of Mendocino, State of California, to build, erect, hang, or purchase, and maintain, when in their estimation the same may be necessary to facilitate the manufacture of lumber, such boom, or booms, as may be necessary for that purpose; provided, that in the construction or erection of Proviso. any such boom, or booms, as aforesaid, the person or persons, erecting, purchasing, or owning, the same, shall not obstruct or prevent the free navigation of said river. obstruct SEC. 2. If any person or persons, in constructing any boom, Not to or booms, shall obstruct or prevent the free navigation of said navigation. river, such person or persons shall be liable to the party or parties injured thereby, for all damages which such party or Damages. Malicious injury. Not to collect tolls. parties may sustain by reason of such obstruction, to be recovered in any Court of competent jurisdiction, with costs of suit, as in other cases. SEC. 3. Any person or persons, who shall wilfully or maliciously destroy or injure said booms, or any of them, shall be deemed guilty of malicious mischief, as in other cases, and shall be liable to the party or parties injured or damaged, for all damages sustained by the owner or owners thereof, as in other cases for the destruction of private property. SEC. 4. Nothing in this Act contained shall be so construed as to authorize or empower the persons, in the first section of this Act named, or any of them, or their assigns, to collect water rents, or tolls, for the use of any such boom or booms. SEC. 5. This Act shall take effect from and after its passage. Fees in certain counties CHAP. CXXIII.-An Act to amend an Act entitled an Act to regulate Fees in Office in certain counties in this State. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is amended so as to read as follows: Section 1. In the Counties of Sonoma, Santa Barbara, Santa Clara, San Mateo, Napa, San Joaquin, Los Angeles, Contra Costa, Sacramento, Alameda, Humboldt, Colusa, Santa Cruz, San Luis Obispo, Monterey, and Lake, such fees are allowed to the officers hereinafter named, for their services rendered in discharging the duties imposed on them by law, as herein provided; and such officers may lawfully charge, demand, and receive, the same. Section amended. Corporation within CHAP. CXXIV.-An Act to amend an Act entitled an Act concerning Corporations, passed April twenty-second, eighteen hundred and fifty. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section six of an Act entitled an Act concerning Corporations, passed April twenty-second, eighteen hundred and fifty, is hereby so amended as to read as follows: Section 6. If any corporation, formed under the laws of wanize this State, shall not organize and commence the transaction of one year. its business within one year from the date of its incorporation, its corporate powers shall cease; provided, that the question of |