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session, forty-three poll tax receipts, duly signed by the proper officers: Be it therefore enacted, That the Auditor of Sacramento City and County, in making his settlement with E. B. Ryan, Assessor of said city and county, shall credit said Ryan with the sum of one hundred and twenty-nine dollars, being the value of said poll tax receipts lost as aforesaid.

CHAP. CCLI.-An Act to authorize the Board of Supervisors of Sis-
kiyou County to audit and allow the Claim of Robert Nixon, Jr.
[Approved April 17, 1862.]

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

SECTION 1. The Board of Supervisors of Siskiyou County
are hereby authorized to audit and allow, and order paid out of
the General Fund of said county, the sum of three hundred dol-
lars, to Robert Nixon, Jr., for the publication of the delinquent
tax list of said county, for the year one thousand eight hundred
and sixty-one.
This Act shall be in force from and after its passage.

SEC. 2.

CHAP. CCLII.-An Act to regulate Artesian Wells in the County of Santa Clara.

[Approved April 17, 1862.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

water from

SECTION 1. Any person, being the owner, or occupant, or in Owners to possession, of any parcel of land situated in the County of Santa Control Clara, on which there may be an artesian well, or having the wells. use or control of the water issuing from such well, who shall suffer or permit the water issuing from the same to overflow, or injure, any road, street, or alley, that is used as a public road, street, or alley, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars; and, if he shall have been previously Penalties for convicted of such offence, or, if he shall have been notified that the water of such well overflowed, or injured such road, street, or alley, such fine shall not be less than five dollars per day. Such person shall also be liable, in a civil action, at the suit of the person injured, for the damages sustained by him by reason of such road, street, or alley, being overflowed, or injured, by such water.

SEC. 2. The Overseer, or other person, having charge of any public road, street, or alley, who shall, for the space of ten days

violation

of Act.

violation of Act.

Penalties for during which the water from any artesian well shall have overflowed, or injured, such road, street, or alley, neglect or refuse to prosecute, or cause to be prosecuted, the person having the use or control of the artesian well from which such water issued, or of the parcel of land on which such artesian well may be, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars.

Same.

SEC. 3. Any person, being the owner, or occupant, or in the possession, of any parcel of land on which there may be an artesian well, or having the use or control of the water issuing from such well, who shall suffer or permit the water thereof to flow to waste, or more water to flow therefrom than is sufficient for the use of himself, or of any person to whom he may, by contract, be furnishing water from such artesian well, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, and, upon a second or further conviction for such offence, he shall be punished by a fine not less than five dollars per day, for each day since his last conviction, that he shall have suffered or permitted such water to flow to waste.

SEC. 4. The Act entitled an Act concerning Artesian Wells in Santa Clara County, approved April fifteenth, eighteen hundred and fifty-eight, is hereby repealed.

SEC. 5. This Act shall take effect thirty days from and after its passage.

Salary of
District
Attorney

CHAP. CCLIII.-An Act concerning the Office of District Attorney of Los Angeles County.

[Approved April 18, 1862.]

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

SECTION 1. That so much of section thirteen of an Act entitled an Act to regulate Fees of Office in the Counties of Los Angeles and Santa Barbara, approved April fourth, eighteen hundred and sixty-one, as relates to the salary and fees of the District Attorney of Los Angeles County, be and the same is hereby repealed.

SEC. 2. From and after the first day of January, eighteen hundred and sixty-two, the District Attorney of Los Angeles County shall receive for his services a yearly salary of twentyfive hundred dollars, to be audited and paid in the same manner as the salary of the County Judge, and fees and per centage in all cases as provided by section six hundred and ninety of the Criminal Practice Act, and the Revenue Laws of the State. SEC. 3. This Act shall take effect immediately.

CHAP. CCLIV.-An Act granting the Right to keep and maintain a Bridge across the North Fork of the American River, near Carrolton, in the Counties of Placer and El Dorado.

[Approved April 18, 1862.]

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

SECTION 1. The right to keep and maintain, for twenty Franchise. years, a public toll bridge, across the North Fork of the American River, at, or near, Carrolton, in the Counties of Placer and El Dorado, is hereby granted to J. D. Pratt, W. C. Lyons, and their associates and assigns, upon the terms and conditions hereinafter mentioned.

SEC. 2. The said J. D. Pratt, W. C. Lyons, and their asso- Tolls. ciates, are hereby authorized and empowered to charge and collect such rates of toll as the Board of Supervisors of Placer County may fix annually; provided, that the Legislature may, at all times, regulate, modify, or change, the rates of toll so fixed by said Board of Supervisors.

SEC. 3. Said J. D. Pratt, W. C. Lyons, and their associates, May regulato may regulate and determine the speed of travel, riding or driv- rate of speed ing, upon said bridge, and may require the speed not to be faster than a walk. Notice of such regulation shall be kept posted upon some conspicuous part of each end of said bridge, and for each violation of said regulation, the party offending may be fined, in any Court of competent jurisdiction, in any sum not less than ten nor more than fifty dollars; provided, also, that Violation of. parties violating such regulations, shall be liable for any actual damage sustained by reason of such violation.

SEC. 4. No ferry or toll bridge shall be established within one mile immediately above or below said bridge, unless it be required by public convenience, and the right to establish it be granted by the Legislature.

SEC. 5. It is also further provided, that nothing in this Act contained shall in any wise diminish the rights and privileges which said J. D. Pratt, W. C. Lyons, and their associates, now possess and enjoy, under the laws concerning ferries and toll bridges.

SEC. 6. This Act shall be in force from and after its passage.

35

Powers of
Trustees.

CHAP. CCLV.-An Act to amend an Act, approved March fourth, eighteen hundred and fifty-seven, entitled an Act to amend an Act to incorporate the City of Monterey, approved May eleventh, eighteen hundred and fifty-three.

[Approved April 18, 1862.]

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

SECTION 1. The second section of an Act, approved the fourth of March, one thousand eight hundred and fifty-seven, entitled an Act to amend an Act to incorporate the City of Monterey, approved May eleventh, one thousand eight hundred and fifty-three, is hereby amended so as to read as follows:

Section 2. Another section is added to said Act, to read as follows:

Section 14. The Trustees within said city shall have power to prevent and remove nuisances, to regulate the slaughtering of cattle, and to levy and collect license taxes for the purpose of repairing and opening streets; such license not to exceed one dollar per month for any one person for one kind of business; and also to regulate and restrict the running at large of hogs; to enact ordinances not inconsistent with the laws of the United States, or of this State; to impose and appropriate fines, penalties, and forfeitures, for breaches of their ordinances; provided, that no fine shall be imposed of more than five hundred dollars, and no offender shall be imprisoned for more than ten days. SEC. 2. This Act shall be in force from and after its passage.

Preamble.

CHAP. CCLVI.-An Act for the Relief of William P. Sayward.

[Approved April 18, 1862.]

WHEREAS, By virtue of an Act entitled an Act to provide for
the Sale of the interest of the State of California in the Prop-
erty within the Water Line Front of the City of San Fran-
cisco, as defined in and by the Act entitled an Act to provide
for the Disposition of certain Property of the State of Cali-
fornia, passed March twenty-sixth, A. D. eighteen hundred
and fifty-one, approved May eighteenth, A. D. eighteen hun-
dred and fifty-three-the interest of the State of California in
and to Water Lot Number Three Hundred and Thirty-Eight,
was, on the seventeenth day of August, A. D. eighteen hun-
dred and fifty-four, sold to William P. Sayward; and whereas,
the deed for said property has been lost, without having been
recorded; therefore-

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

SECTION 1. Frank M. Pixley is hereby authorized and em

execute

powered to convey to William P. Sayward, by deed, duly exe- Attorneycuted and acknowledged, all the interest which the State of Cal- General to ifornia had in and to Water Lot Number Three Hundred and deed. Thirty-Eight, in the City of San Francisco, on the seventeenth day of August, one thousand eight hundred and fifty-four.

CHAP. CCLVII.-An Act to authorize D. B. Northrop, Horace Cole, and E. B. Goddard, and their associates, to construct a Plank Road, or Bridge, over the Waters of Mission Bay, in the City and County of San Francisco.

[Approved April 18, 1862.]

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

SECTION 1. D. B. Northrop, Horace Cole, and E. B. Goddard, together with such associates as they may admit, shall take, have, possess, and enjoy, all the rights, privileges, rights of way, franchises, and immunities, hereinafter mentioned, upon condition that they and their associates shall incorporate themselves, under the general laws of the State regulating corporations and providing for the incorporation of bridge companies, and shall adopt the name of "Mission Bay Bridge Company," and shall abide by and fulfil the further conditions hereinafter mentioned.

Franchise.

company.

SEC. 2. Said company, when incorporated as aforesaid, shall Powers of have full power to build, erect, construct, and maintain, a public plank road and toll bridge, across Mission bay, in the City and County of San Francisco, from or near the foot of Fourth street, on the north side of said bay, to or near the foot of Noble street, on the south side of said bay, and have and enjoy all rights, privileges, and immunities, thereunto appertaining, and shall have the right of way across said bay, and the privilege of using the same for that purpose, which is hereby granted and ceded to said company for the term of twenty years; provided, Conditions. within one year from the date of the passage of this Act, the said company shall commence the construction of said plank road and toll bridge, and within two years shall build and fully complete the same; otherwise the right to build the same shall be forfeited, and this Act become null and void. Said company shall, at all times after its completion, keep said road and bridge in passable order and in good condition, and shall be responsible for any damage, arising to persons or property crossing said bridge, caused by neglect to keep said bridge in proper repair and condition. After the expiration of ten years from the completion of said bridge, or road, the City and County of San Francisco shall have the right to purchase the same, at an appraised value, to be determined by five Appraisers, two to be selected by said company, two by the said city and county, and one to be selected by the four Appraisers herein before provided for; and such value shall be estimated to be the value of the bridge,

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