CHAP. CLXII.-An Act amendatory of and supplementary to an Act to provide for the Construction of a Macadamized Road, within the limits of the City and County of San Francisco, which became a Law on the twelfth day of April, eighteen hundred and sixty-one.

[Approved April 9, 1862.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section five of the Act of which this is amendatory is hereby amended so as to read as follows:

Section 5. Said grantees shall, after the completion of the Tolls. first half of said road, as provided in section three, have the right to erect and maintain, not to exceed two toll gates, at such point or points, on the line of such road, as they may determine, not east of Leavenworth street, and to levy and collect such tolls thereat as may be reasonable and just, until the completion of the last half of the road, after which time the Board of Supervisors may, from time to time, alter or reduce the rates, but the same shall not, without the consent of the grantees, be so reduced so as to produce less than eighteen per cent. per annum for the first eight years, nor less than twelve per cent. per annum thereafter, in net receipts upon the actual cost of said road. And for the purpose of ascertaining the cost and income of said road, the Board of Supervisors shall have access to the books of the grantees, and may examine said parties or their employés, under oath.

SEC. 2. The time within which the said grantees shall commence the construction of said road is hereby extended one year from the time fixed in section three of said Act.

SEC. 3. This Act shall be in force from and after its passage.

CHAP. CLXIII.—An Act supplementary and amendatory of an Act entitled an Act in relation to Public Roads in the County of El Dorado, and the Road Fund of said county, approved February twentyseventh, eighteen hundred and sixty-two.

[Approved April 9, 1862.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The provisions of the Act to which this Act is supplemental and amendatory, so far as relates to the time of collecting road tax, is hereby extended through the months of April, May, and June, for the year eighteen hundred and sixty

two.

SEC. 2. Section fifteen of the Act to which this Act is supplemental and amendatory, is hereby amended so as to read as follows:

Obstructing roads.

Penalty.

Any person or persons who shall erect or place, or cause to be erected or placed, in any public highway in the County of El Dorado, any fence, wall, embankment, building, structure, or any obstruction whatever, or who shall turn, or cause to run, in any highway, any stream of water, or who shall dig, or cause to be dug, or excavate, any pit or hole, in any highway, or any ditch or canal along or across the same, wilfully, and so as to materially obstruct the same, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not more than one hundred dollars, and may be imprisoned in the county jail of said county at the rate of one day for each two dollars of said fine, until said fine shall be satisfied.

SEC. 3. This Act shall take effect from and after its passage.

Supervisors may lease.

Duty of

CHAP. CLXIV.-An Act to authorize the Board of Supervisors of
El Dorado County to lease the Sacramento and El Dorado Wagon
Road for a term of years.

[Approved April 5, 1862.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Supervisors of the County of El Dorado are hereby authorized and empowered to lease the Sacramento and El Dorado County wagon road, including the bridge across the South Fork of the American River, said road commencing at, or near to, Bartram's sawmill, about eighteen miles east of Placerville, in El Dorado County, and running thence eastward to Strawberry Station, for the period of not more than five years. Said leasing shall be made in the manner prescribed in the second section of this Act.

SEC. 2. It shall be the duty of the Board of Supervisors of Supervisors. the County of El Dorado, within twenty days after the passage of this Act, to cause to be published, daily, in one daily newspaper in the County of Sacramento, and in one daily newspaper in the County of El Dorado, for the period of ten days, a notice, asking for bids or proposals, under seal, stating at what rate of tolls upon said road and bridge the person making the bid or proposal will take said road for the period of five years, will put the same in good order and condition within such time as the parties may agree upon in their contract, not exceeding three months after the making of the contract, will keep the same in good order and condition for travel during the term of said lease, and from and after the expiration of three months from and after the making of the contract, will, in each month during the residue of said term of five years, pay into the Treasury of the County of El Dorado the sum of fifty dollars. The notice shall state with whom the bids or proposals shall be filed, and when and where the same will be opened. On the day named in the notice, the Supervisors of the County of El Dorado shall meet in the Clerk's office of said county, and be

tween the hours of ten o'clock, A. M., and four o'clock, P. M., of such day, shall proceed to open the bids or proposals. The contract shall be awarded to the person or persons who offer to put said road in good condition and repair within such time. as the parties may agree upon in their contract, not exceeding three months, and to keep the same in good condition and repair for the residue of the term of five years, and (after three months) to pay, at the end of each month during the term, into the Treasury of El Dorado County, the sum of fifty dollars, for the lowest rate of tolls; provided, that no bid shall be received nor contract let to any person or persons who shall have interest or ownership in any parallel road to the one named in this Act; provided, further, that if, in the opinion of the Board of Supervisors, all the bids or proposals require too high a rate of tolls, all the bids or proposals may be rejected, and they may again advertise for proposals, and let the contract, in all respects as in the first instance.

Proviso.

SEC. 3. Whenever any bid or proposal shall have been ac- Bond of cepted, or before that time, if the Supervisors deem expedient, Lessee. the Board of Supervisors shall require the person or persons whose bid or proposal has been accepted, to file with them a bond, with at least two sufficient sureties, in such sum, not less than five thousand dollars, as to the said Board of Supervisors shall seem just and reasonable; said bond shall be in form, payable to the County of El Dorado, and shall be conditioned for the faithful performance of the terms of the contract herein before provided for. The sureties upon the bond shall justify as is required in cases of official bonds, and in case any damage shall accrue to any person or persons on account of any defect in said road, or any of the bridges thereon, arising from the failure or neglect of the lessee to keep the same in good order and condition during the term of said lease, according to the terms of his contract, the said lessee and his sureties shall be liable, upon the bond herein required, to the person or persons so injured, for the amount of the damage.

SEC. 4. Whenever, in the opinion of the Board of Supervi- New bond. sors of El Dorado County, it shall be for the interest of the public that a higher bond should be required, or whenever the bond shall become insufficient, through the poverty or insolvency of the sureties, the said Board of Supervisors may require another bond. And in case the bidder shall fail to file his bond, as in this Act required, at the time the contract is awarded to him, the Board of Supervisors may refuse to enter into the contract with him, and may award it to the next lowest bidder who will give the bond as by this Act required; and in case, after any bond has become insufficient, and a new bond required, the person having the contract shall neglect, refuse, or fail, for the period of twenty days, to file a new bond, as herein before required in this Act, the Board of Supervisors shall have authority to annul the contract of the person so failing or refusing, and may proceed again to lease said road, as in this Act provided.

SEC. 5. After any person or persons shall have entered into Tolls. the contract herein before mentioned, and shall have taken possession of said road, such contractor shall, until said road and

Proviso.

Disposition

of moneys received.

Repairs.

bridges are put in good repair and condition, continue to charge and collect the same rates of toll on said road as are now charged; provided, however, that if said road is not in complete repair within three months from the date of the contract, that the whole money collected from and after the date of such contract, and prior to the complete repair of said road and bridges, shall be paid into the County Treasury, to be used as provided in section six of this Act; and after said contractor shall have put said road in good condition to be travelled, he shall be entitled to charge, collect, and receive, from all persons who shall travel such road, except immigrants, the rates of toll specified in his bid. And it shall be the duty of the person or persons having such contract and the lease of said road, to keep a statement of the rates of toll publicly and conspicuously posted near to and in plain view from the road at each end thereof. Immigrants are hereby defined to mean persons who may have crossed the plains from Utah, or from States east of the Rocky Mountains, on their way to become residents of California, and have not yet completed their journey.

SEC. 6. The fifty dollars per month hereinbefore provided to be paid into the County Treasury, shall be exclusively appropriated to the payment of allowances heretofore made by the Board of Supervisors of the County of El Dorado, for work done upon said Sacramento and El Dorado wagon road, and said allowances shall be paid in the order of the date of their allowance, and as fast as said payment of fifty dollars per month shall be paid into the County Treasury.

SEC. 7. Whenever the lessee shall permit said road, or any part thereof, or the bridges upon the same, to fall greatly out of repair, and unsafe or difficult for travel, the Board of Supervisors, or any one of them, may notify said lessee, or contractor, to mend said road, or bridge, and place the same in good order and repair for travel, and if such lessee or contractor shall fail, neglect, or refuse, to mend and repair said road, or bridge, beyond a reasonable time, the Board of Supervisors shall have the right to cause such repairs to be made, and the lessee, or contractor, and his sureties, shall be liable, to the County of El Dorado, upon the bond required by the third section of this Act, for the expense to the county of making said repairs.

SEC. 8. This Act shall take effect and be in force from and after its passage.

Powers of

CHAP. CLXV.-An Act concerning the County Records of the County of Trinity.

[Approved April 10, 1862.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Supervisors of the County of TrinSupervisors. ity are hereby authorized and empowered, at the regular meeting of said Board, to be held in the month of May, A. D. eight

een hundred and sixty-two, or at any regular meeting thereafter, to order the transcribing and indexing of the books of record of said county, in the office of the County Recorder thereof, and known as books D, E, and H, also of any journals of the District Court, the Probate Court, the County Court, the Court of Sessions, or Board of Supervisors, of said county, which said Board may deem necessary.

SEC. 2. All the copies hereby required shall be made in plain copies. and legible handwriting, and substantial, full bound books, shall be purchased by the said county for the object herein specified; and said copies, when made, shall be duly certified, and when so certified, shall have the same force, and be as valid in evidence, as the originals.

SEC. 3. When it shall appear to said Board of Supervisors Payment. that so much of the said work as may be ordered by said Board to be performed, has been fully completed, then the said Board shall order that the County Recorder of said county be paid, out of the moneys in the General Fund of said county, the sum of twenty cents for each and every folio of one hundred words, in the same manner as other county indebtedness, and no further compensation whatever shall be allowed for such services under this Act.

SEC. 4. The original records shall be carefully preserved in the office of said County Recorder, for future reference.

CHAP. CLXVI.-An Act to appropriate Money to pay the Claim of Charles S. Fairfax, for costs in certain Suits where the State was interested.

[Approved April 10, 1862.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

Appropria

SECTION 1. The sum of two thousand one hundred and ninety-nine dollars and twenty cents is hereby appropriated, tion. out of any money in the General Fund not otherwise appropriated, to pay the claim of Charles S. Fairfax, for costs in certain suits where the State was interested; and the Controller of State is hereby authorized and directed to draw his warrant in favor of said Charles S. Fairfax, for two thousand one hundred and ninety-nine dollars and twenty cents, and the Treasurer of the State to pay the same; provided, that said Fairfax shall give a receipt in full for all demands against the State.