Limit of franchise. Proviso. SEC. 2. The exclusive right and privilege of supplying said Town of Grass Valley and its inhabitants with gas, is hereby granted and confirmed to the persons named in the foregoing section of this Act, for the full term of ten years from and after the date of its approval; provided, that at no time during that period the price of said gas, charged to the consumers thereof, shall exceed the sum of ten dollars per thousand feet; and, provided, further, that the said parties shall commence the construction of the said gas works within three months after the passage of this Act, and, without unnecessary delay, complete the same. SEC. 3. This Act shall take effect in ten days after its passage. Duty of CHAP. CXXX.-An Act for the Relief of W. J. Paugh, late Sheriff of the County of Amador. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. The County Auditor of Amador County, in making his settlement with W. J. Paugh, late Sheriff of Amador County, shall credit said Paugh with the sum of three hundred and sixty-four dollars, being the amount of ninety-one foreign miners' license receipts, which receipts were lost in the years one thousand eight hundred and fifty-nine, and sixty. SEC. 2. This Act shall take effect from and after its passage. Franchise. Proviso. Same. CHAP. CXXXI.-An Act to authorize the Construction of a Wharf at a point designated upon the southerly bank of the San Joaquin River. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. The right to erect and maintain a wharf on the southerly bank of the San Joaquin River, at a place anywhere between the "Bacon House" and the Town of Antioch-provided, said corporation select such place, and file with the Recorder of the County of Contra Costa a description of the place selected, within three months from and after the passage of this Act; provided, that if no such selection is made, and a description filed, as aforesaid, this Act to be void; and, provided, also, that when such selection shall have been made, and a description filed, as aforesaid, the Legislature of this State may grant rights to construct wharves anywhere outside of two hundred feet on either side of any wharf constructed under the authority of this Act, said wharf not to exceed four hundred feet in length along the bank of said river, and not to extend into said river a distance exceeding two hundred feet-is hereby granted to the Pittsburg Railroad Company; provided, said railroad company Proviso. shall, within one year after the passage of this Act, commence the construction of said wharf, and shall, within two years after the passage of this Act, complete said work in a good and substantial manner. SEC. 2. The said wharf shall not obstruct the navigation of Conditions. the San Joaquin River, and all the rights and privileges granted by this Act shall cease and determine at the expiration of fifty years from the date of the passage of this Act. CHAP. CXXXII.-An Act to amend an Act entitled an Act to incorporate the City of San José, passed March sixteenth, eighteen hundred and fifty-nine. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section fifteen of said Act is hereby amended so as to read as follows: streets, etc Council. Section 15. If, at any time, the owners of two thirds of the Repairing real estate fronting on any street, counting from one cross street to another cross street, shall petition the Common Council for the privilege of constructing, repairing, grading, gravelling, or paving, such street, or the sidewalks along the same, then it shall be the duty of the Common Council to cause an Duties of immediate survey of the proposed improvements to be made, Common by some competent Surveyor, who shall, in his specifications, give the proper grade, and the amount of excavation or filling in the front of each person's real estate to the middle of the street; or if the improvements only extend to the sidewalks, then he shall give the grade and the amount of the excavation or filling of the sidewalks. If the Common Council approve the survey and specifications of the Surveyor, they shall order said improvements, as petitioned for, to be made, and shall make an assessment of the costs thereof to each of the persons owning said real estate; and the same shall constitute a lien upon such real estate, until the assessment is paid or satisfied; provided, Proviso. that each of said persons shall have the privilege of making their improvements, in accordance with the specifications, and within the time mentioned in the ordinance ordering said improvements to be made; but if not so made, then it shall be the duty of the Marshal, forthwith, to let out, in the manner provided by ordinance, the making of all the improvements that remain unfinished; and if the owner or occupant of such real estate shall fail, neglect, or refuse, to pay for the cost of the same, when completed, it shall be the duty of the Marshal, by Payment of cost of repairs. Proviso. Powers of Marshal. order of the Common Council, to institute suit in the name of the city, against said owner, for the recovery of said cost; and the judgment rendered thereon shall constitute a lien upon said real estate, and execution may be issued thereon, and may be served as in other cases in civil actions; provided, further, that the cost of the survey and specifications shall be paid by said city. The Common Council may require the said street and sidewalks, after such improvements have been made, to be kept in good repair by the owners of said real estate, and if not repaired when ordered, the Marshal shall let out the making of the said repairs, and collect the cost of the same, in the same manner as in case of the owner failing to make or to pay for the cost of the improvements, as aforesaid. SEC. 2. This Act shall take effect and be in force from and after its passage. Hides to be retained. Violation. Penalty. CHAP. CXXXIII.-An Act to provide for the Retention of the [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Any person or persons who shall, at any time, kill, or slaughter, or cause to be killed, or slaughtered, any cattle, shall retain in their possession the hides of said animals, with the ears thereto attached, without any alteration or disfiguration of the same, or the marks or brands on the said hides or ears, for the period of four days, and shall, at any time within said period of four days, on request, exhibit said hides to any one desiring to inspect them, and permit them to examine said hides, and the marks and brands thereon. SEC. 2. Any person or persons who shall violate any of the provisions or requirements of the foregoing section, shall be deemed to be guilty of a misdemeanor, and, upon conviction thereof, before any Justice of the Peace of said county, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars, or imprisonment in the county jail of said county, for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment, in discretion of the Justice. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CXXXIV.-An Act to amend an Act entitled an Act to regulate Proceedings in Civil Cases in the Courts of Justice of this State, passed April twenty-ninth, one thousand eight hundred and fifty-one. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section two hundred and three of said Act is hereby amended so as to read as follows: Section 203. Immediately after entering the judgment, the Judgment Clerk shall attach together and file the following papers, which roll. shall constitute the judgment roll: First-In case the complaint be not answered by any defend- Form of. ant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed upon the complaint. that the default of the defendant in not answering was entered, and a copy of the judgment. Second-In all other cases, the summons, pleadings, verdict of Same. the jury, or finding of the Court, and all bills of exception taken and filed in said action, and a copy of the judgment, and any orders relating to a change of the parties. CHAP. CXXXV.-An Act to amend an Act entitled an Act concerning the Officers of Calaveras County, and the Collection of Poll Taxes, License Taxes, and Foreign Miners' License Taxes, in said county, approved February twenty-sixth, eighteen hundred and fifty-nine. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section eighth of said Act shall be and is hereby amended so as to read as follows: Collector. Section 8. Each Collector shall be allowed twenty cents on Fees of each dollar for foreign miners' licenses collected; and fifteen cents for each dollar on poll taxes collected; and ten cents on each dollar collected for State and county license tax, and the fees now allowed for the enforcing of the collection of the same, and no other compensation whatever, direct or indirect. Issuance of bonds. Special election. Same. Ballots. CHAP. CXXXVI.-An Act to authorize the County of Placer to loan its Credit to the Sacramento, Placer, and Nevada Railroad Company, to the amount of One Hundred Thousand Dollars. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Whenever the Sacramento, Placer, and Nevada Railroad Company, by and through its Board of Directors and President, shall make written application to the Board of Supervisors of the County of Placer, at any regular or stated meeting of said Supervisors, requesting said County of Placer, through its properly constituted authorities, to issue to said railroad company, the bonds of said county, in the total sum of one hundred thousand dollars, it shall be lawful for said county to issue its bonds, and dispose of them in the manner following. and subject to the following conditions. SEC. 2. Upon the receipt of said petition from said Sacramento, Placer, and Nevada Railroad Company, the Board of Supervisors shall entertain the same, and in order to ascertain whether the people of said county are willing that its credit should be loaned, as desired by said company, said Board of Supervisors shall, within sixty days after the receipt of said petition, order a special election to be held in said county, at which shall be submitted the proposition of said loan to said railroad company, to be voted upon by the qualified voters of said county. SEC. 3. The said election shall be fixed, by said Board of Supervisors, for some day, not less than thirty nor more than sixty days from the time of making said order. Said Board shall cause a notice of said election to be published for the period of four weeks next before the day of said election, in two or more newspapers published in said county, which notice shall specify the time of said election, the object of the same, the proposition to be voted upon, and the place where the polls will be opened on said day, for said election, which shall be the same as the precincts fixed for said purpose at the last preceding general election. They shall also appoint Judges and Inspectors of said election, and cause notice thereof to be given, as in other elections authorized by law, No compensation shall be allowed to any Judge, Clerk, or Inspector, acting at said election. SEC. 4. Upon the day fixed by said order, the said election shall be held. Each of the electors voting at said election shall have written, or printed, upon his ballot, the words, "Railroad Loan, Yes," or the words, "Railroad Loan, No." Said election shall be conducted, and the returns thereof shall be made out and transmitted to the County Clerk, within the time and in the manner prescribed by law at general elections. On the fif teenth day after the day of holding said election, the Board of Supervisors shall meet, and canvass said returns, and declare the result. SEC. 5. If, upon the canvassing of said returns, it shall be |