Failure to labor or pay. Misde meanor. Report of District Fees. Same. Commu tation. and all persons who have been so notified and who fail to appear with the tools or implements, as in the notice required. SEC. 11. All persons who do appear, as in the notice required, shall labor under the direction of the Road Overseer, and shall obey all reasonable orders of such Overseer. SEC. 12. Every person in said county, liable to work upon the public roads or highways in said county, who, after having been notified, as provided in this Act, shall fail to attend, either in person, or by a substitute satisfactory to said Overseer, or who shall fail to pay to said Overseer the sum of two dollars per day for each day that he shall be so required by the Overseer to labor, or who, having attended, shall disobey the reasonable orders of said Overseer, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in the sum of ten dollars, and in default of payment of said fine, shall be imprisoned in the county jail not less than ten nor more than thirty days. Execution shall issue on the said judgment, for the collection of said fine and costs, against the property of the delinquent, and nothing, except the homestead, shall be exempt from levy and sale under said execution. SEC. 13. The Road Overseers shall faithfully report, to the District Attorney of the county, all persons who become liable to the pains and penalties of this Act; such report shall be made within ten days from the time default is made by such delinquents. SEC. 14. If any Road Overseer fail to make the report provided for in section thirteen of this Act, within the time in said section specified, such Overseer, so failing, shall be liable to a fine of sixty dollars, one third of which shall go to the informer, one third to the District Attorney, and one third to the Road Fund of said county; said fine may be recovered before any Justice of the Peace in said county. SEC. 15. It shall be the duty of the District Attorney of said county to prosecute all persons who become liable to the pains and penalties of this Act. SEC. 16. The District Attorney shall be allowed the sum of eight dollars for each and every conviction under this Act. The Justices of the Peace, and Constables, shall be allowed the same fees as are now prescribed by law; provided, always, that the same shall be taxed as costs against the defendant, when convicted, and that in no case shall the fees of any officer, for services rendered under this Act, be chargeable against said county, except as in section seventeen of this Act is provided. Jurors, summoned to try causes arising under this Act, shall not be entitled to any fees or compensation. SEC. 17. Constables and Sheriffs shall be allowed twenty cents per mile for every mile necessarily travelled in taking a prisoner, convicted under this Act, to the county jail, which shall be a charge against the Road Fund of said county, the distance to be computed in going, only. SEC. 18. Every person subject to road duty, as provided in this Act, may, instead of working, pay to the Road Overseer of the District in which he is liable to work on the roads, the sum of two dollars for every day he is so liable and notified to work; such payments must be made before or on the day when the la bor is to be done, and such Overseer may, with the money so paid, employ other persons, at not more than two dollars and a half per day, to work upon the roads of his District. SEC. 19. Whenever any Constable or Sheriff shall collect any Disposition moneys, under the provisions of this Act, he shall, within five of moneys. days thereafter, pay the same, excepting his own fees, to the Justice of the Peace who entered the judgment, or to his successor in office; such Justice shall receive the same, and shall, on the demand of the District Attorney, pay over the same to the District Attorney, less the fees of the said Justice. The District Attorney of said county, and the several Road Overseers, shall, within twenty days after the receipt of the same, pay over to the County Treasurer of said county, any and all moneys collected by them, or either of them, under the provisions of this Act, (except so much thereof as the Road Overseers may have expended, as provided for in section eighteen of this Act, and except, also, the fees of the District Attorney,) and shall take from said Treasurer duplicate receipts therefor, one of which shall be filed with the County Auditor, and the other shall be retained by the person making the payment. All moneys so paid over shall be placed to the credit of the Road Fund of said county. The said District Attorney, and the said several Overseers, shall, at each regular meeting of the Board of Supervisors, render an account, under oath, of all moneys by them or either of them collected under the provisions of this Act; and the said Overseers shall be required to produce receipts for moneys by them expended under the provisions of this Act. Overseers. SEC. 20. The Board of Supervisors of said county shall allow Pay of such compensation to the Road Overseers, who may be appointed under the provisions of this Act, as they may deem just and proper, not to exceed the sum of five dollars for each and every day that the said Road Overseers may be actually employed in the discharge of the duties imposed by this Act. of office. SEC. 21. The said Road Overseers shall hold office during the Term pleasure of the Supervisor who may have respectively appointed them. SEC. 22. In all prosecutions against persons who have been notified to appear and work, as is provided in this Act, it shall be sufficient if the complaint before the Justice of the Peace be as follows: A. D. Complaint. "State of California, Monterey County, Justice's Court, Township. The People of the State of California against A. B. The District Attorney of said county complains of A. B., and says that he is guilty of a misdemeanor, committed as follows: The said A. B. is liable to perform work and labor on the public roads and highways of said county, and heretofore, at said county, on, to wit: the day of refused to perform said labor, or to pay therefor. Attorney. SEC. 23. Upon such complaint being filed in any Justice's Arrest. Court of said county, the said Justice shall issue his warrant for the arrest of the defendant, which shall be served immediately, by the Sheriff or any Constable of said county, and the he C. D., District C. D., Trial. Acts repealed. said Justice shall proceed to try said cause, as in other criminal cases. SEC. 24. Upon the trial of any such cause, the District Attorney shall only be required to prove that notice has been given to defendant, or left at his residence, as required by this Act, the proof of which fact shall be sufficient to warrant a conviction, unless the defendant shows that he is not liable to perform the labor required by the notice, or that he has complied with the terms of this Act. Upon such trials, no notice to produce the original notice served shall be requisite as preliminary to the proof of the contents thereof. SEC. 25. Nothing contained in this Act shall be construed to affect in any manner the powers of the Board of Supervisors of said county to levy a tax upon property for road purposes, as is now provided by law. SEC. 26. So much of all Acts, and parts of Acts, as is in conflict with any of the provisions of this Act, are hereby made inapplicable to the County of Monterey. SEC. 27. This Act shall take effect from and after its passage. CHAP. CXLV.-An Act concerning the Salary and Fees of the Coroner of the City and County of San Francisco. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. From and after the passage of this Act, the salary to be allowed and paid to the Coroner of the City and County of San Francisco, shall be four thousand dollars; he shall also be allowed and paid, as fees, fifty dollars per month, for chemical analyses, and ten dollars for each interment made by him. SEC. 2. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. This Act shall take effect from and after its passage. Franchise. CHAP. CXLVI.—An Act authorizing Jacob M. Tewksbury, and his associates, to build a Wharf in Contra Costa County. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. Jacob M. Tewksbury, and such others as he may associate with him, and their assigns, are hereby authorized to construct a wharf at the Potrero of the San Pablo Rancho, in Contra Costa County, at such convenient place thereon as they may select, and extending into the bay of San Francisco to twelve feet of water at low tide. SEC. 2. All the right of the State of California to the over- Grant. flowed lands, for the distance of two hundred feet on each side of said wharf, is hereby released to said Tewksbury, and his associates or assigns, for the period of twenty-five years from and after the passage of this Act. SEC. 3. The said Jacob M. Tewksbury, and his associates or Conditions. assigns, shall, within one year after the passage of this Act, construct a wharf of sufficient dimensions to accommodate the commerce and trade of the neighborhood, and shall, from time to time, as the business may require, enlarge the same and keep the same in good repair. They may collect only such wharfage and toll as may be directed by the Board of Supervisors of Contra Costa County. SEC. 4. Nothing in this Act shall be construed to authorize any obstruction of the navigation of the bay of San Francisco, or the use of the franchise herein granted for any other purposes than those herein named. SEC. 5. This Act shall take effect immediately, and any failure to fulfil its requirements shall subject the grantees herein named to forfeiture of the franchise. CHAP. CXLVII.-An Act to authorize William O'Connell and John [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. The right to build and erect a suitable wharf, at, Franchise. or near, Slaughter-house Point, in Contra Costa County, now in the possession of William O'Connell, and to enlarge the same, as the wants of the trade may require, extending out into the water three hundred feet, if desired, is hereby granted to the said William O'Connell and John Fay, their heirs and assigns, for the term of twenty-five years from the passage of this Act. SEC. 2. The use and occupation of a piece of land, commencing at high water mark, three hundred feet in width and extending three hundred feet into the bay-provided, that naviga- Proviso. tion is not interfered with-is hereby granted to the said William O'Connell and John Fay, their heirs and assigns, for the term of twenty-five years; the said land to be used for the purposes of said wharf, and for the free ingress and egress of water craft to and from the said wharf. SEC. 3. Said wharf shall be commenced and completed, suita Conditions. ble for a steamboat landing, within twelve months from the passage of this Act, and the Board of Supervisors of the County of Contra Costa are hereby authorized, from time to time, to Proviso. regulate the rates of toll and wharfage which the grantees herein named may lawfully charge and collect for the use of said wharf; provided, any toll, or wharfage, shall at any time be charged. SEC. 4. This Act shall take effect immediately. Election. CHAP. CXLVIII.-An Act concerning the Board of Supervisors of the County of San Bernardino. [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 San Bernardino, by the legal electors thereof, three Supervisors-one to hold his office for the term of one year, one to hold his office for the term of two years, and one to hold his office for the term of three years, and at the first meeting of the Board of Supervisors of said county, after their election; they shall draw lots for the terms, one, two, and three years, respectively; and the Supervisor who shall draw one year, shall hold office for one year from the time of his election, and the one who draws two years, and the one who draws three years, shall hold office two and three years, respectively, or until their successors are elected and qualified; so that, after the next general election, there shall be annually elected, one Supervisor, to hold his office for three years. SEC. 2. No member of the Board of Supervisors of the County of San Bernardino shall be entitled to receive any compensation, as mileage, for travelling to or from the county seat. SEC. 3. All laws, or parts of laws, conflicting with this Act, are hereby repealed. CHAP. CXLIX.-An Act to authorize the Trustees of the Stockton Rural Cemetery to remove Human Remains from graveyards in the City of Stockton and vicinity. [Approved April 8, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Trustees of the Stockton Rural Cemetery are hereby authorized to remove, or cause to be removed, all human remains, from the graveyards in the City of Stockton and vicinity, to the Stockton Rural Cemetery. SEC. 2. This Act shall be in force from and after its passage. |