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proceedings to enforce any lien, created thereon by law, five Sheriff. dollars.

For making and posting notices, and advertising property for sale on execution, or under any judgment, or order of sale, not to include the cost of publication in newspaper, two dollars. For commission for receiving and paying over money on execution, or process, when land or personal property has been levied on, advertised and sold-on the first one thousand dollars, two per cent., and on all sums above that amount, one per

cent.

The fees herein allowed for the levy of an execution, and for advertising, and for making and collecting the money on an execution, shall be collected from the judgment debtor, by virtue of such execution, in the same manner as the sum therein directed to be made.

For drawing and executing every Sheriff's deed, to be paid for by the grantee, who shall, in addition, pay for the acknowledgment thereof, five dollars.

For serving a writ of possession, or restitution, putting any person entitled, into possession of premises, and removing the occupant, five dollars.

For travel in the service of any process, not herein before mentioned, for each mile necessarily travelled, in going, only, forty cents.

For attending, when required, on any Court, in person or by Deputy, for each day, five dollars, to be paid out of the County Treasury.

For bringing up a prisoner, on habeas corpus, to testify or answer in any Court, or for examination as to the cause of his arrest and detention, or to give bail, one dollar.

And for travelling each mile from the jail, in going, only, forty cents.

He shall also be allowed such further compensation for his trouble and expenses in taking possession of property under attachment, or execution, or other process, and in preserving the same, as the Court, from which the writ or order may issue, shall certify to be just and reasonable.

For holding each inquest, or trial of right of property, when required, to include all services in the matter, except mileage, five dollars.

For attending on the Supreme Court, either in person or by deputy, for each day, five dollars, to be paid out of the State Treasury, as other claims.

For making every arrest in a criminal proceeding, two dollars.

For serving each subpoena in criminal proceedings, fifty cents.
For executing every sentence of death, twenty dollars.
For summoning a grand jury, ten dollars.

For summoning each trial jury, of twelve persons, four dollars.

For each additional juror, twenty-five cents.

For service of any process in criminal cases, for each mile necessarily travelled, twenty cents.

Sheriff.

And the same mileage for taking prisoners before a magistrate, or to prison.

In serving subpoenas or venire in criminal cases, he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.

For all services in Justices' Courts, the same fees as are allowed to Constables in like cases.

SEC. 10. This Act shall take effect and be in force from and after its passage.

Completion of road.

Tolls.

Proviso.

CHAP. CCLIX.—An Act to amend an Act entitled an Act authorizing
Charles H. Brinley, and Andres Pico, and James R. Vineyard, to
build and construct a Turnpike Road, from the ex-Mission of San
Fernando, across the Mountain of San Fernando, to the Arroyo de
Santa Clara, in Los Angeles County, approved May seventh, eight-
een hundred and sixty-one.

[Approved April 18, 1862.]

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

SECTION 1. Section two is hereby amended so as to read as
follows:

Section 2. If the said Charles H. Brinley, Andres Pico, and James R. Vineyard, or their assigns, shall, within the period of ten months from and after the first of May, eighteen hundred and sixty-two, cause to be built, and thereafter kept in good repair and condition, a substantial turnpike road, across the San Fernando Mountain, and shall cut down the San Fernando Mountain, where said road shall pass or cross over the same, at least fifty feet from its summit, they, and their successors or assigns, shall be and are hereby authorized and empowered, for the term of twenty years, to levy and collect such rates of toll as shall be fixed from time to time by the Board of Supervisors of said county; provided, however, that the same shall not at any time be fixed by said Board at any rate which shall be less in the aggregate than sufficient to enable the said Brinley, Pico, and Vineyard, or their assigns, to realize from their investment in said road the sum of twelve per cent. per annum upon the amount of the capital stock actually paid in; and, provided, also, that no other person or persons shall, within the period of this franchise, build any other toll road across said mountain, within two miles on each side of said road.

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CHAP. CCLX.-An Act to grant the Right of Way to construct a
Toll Bridge across Bear River, to certain parties herein named.

[Approved April 18, 1862.]

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

SECTION 1. William N. Leet, together with such associates Franchise. as he may admit, shall take, have, possess, and enjoy, all the rights, privileges, right of way, franchises, and immunities, hereinafter mentioned, upon condition that he and his 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 the Name of "Bear River Bridge Company," and shall abide by and fulfil company. the further conditions hereinafter mentioned.

SEC. 2. Said company, when incorporated, as aforesaid, shall Rights of have full power to build, erect, construct, and maintain, a public company. toll bridge, across Bear River, at or near the point where the township lines between Township Thirteen and Fourteen, north, of Mount Diablo base meridian, crosses said river, in Range Number Eight, east; provided, that said bridge shall not be Proviso. built within one mile of English bridge, across Bear River; and have and enjoy all rights, privileges, and immunities, thereunto appertaining, and shall have the right of way across said river, 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, that within one year from the date of Conditions. the passage of this Act, the said company shall commence the construction of said bridge, and within two years shall have fully completed the same; otherwise, the right to construct the same shall be forfeited, and this Act become null and void. Said company shall at all times, after its completion, keep said bridge in passable order and condition, and shall be responsible for all damages arising to persons or property crossing said bridge, caused by neglect to keep said bridge in proper repair and condition.

SEC. 3. Said bridge shall be constructed in a good and sub- Same. stantial manner, and of the best and most durable materials.

SEC. 4. Said company, upon the erection and completion of Tolls. said bridge, shall be authorized and empowered to charge and collect such rates of toll as the Board of Supervisors of Nevada County may fix.

travel.

SEC. 5. Said company may regulate the speed of travel, riding May regulate or driving, on said bridge, and may require the speed not to be speed of faster than a walk; and for each violation may recover a judg ment, before any competent Court, for any damages by said company sustained by such travel, riding or driving, exceeding the speed authorized by the company; and for each violation of the rules of said company in regard to speed, the fact being proven, said company shall recover nominal damages and costs, and such further special damage as may be proven.

SEC. 6. Said company shall keep in some conspicuous place,

Scale of prices.

at each end of said bridge, a bulletin, which shall contain the scale of prices and the rate of speed allowed on said bridge. This Act shall take effect and be in force from and after its passage.

SEC. 7.

Franchise.

Route of

road.

Conditions.

Proviso.

Tolls.

CHAP. CCLXI.-An Act to provide for the Construction of a Wagon Road, commencing at Antelope Springs, in the County of Amador, and running thence, by the Safford Survey, to Hope Valley, on the eastern slope of the Sierra Nevada Mountains.

[Approved April 18, 1862.]

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

SECTION 1. The right is hereby granted to C. D. Burleson, James Tulloche, E. B. Woolley, George Johnson, R. M. Briggs, David Coblentz, M. Tynnan, Leroy Worden, and their associates, and to them and their, or any of their assigns, to make, construct, and maintain, a wagon road, commencing at Antelope Springs, in the County of Amador, and running from thence along the route surveyed by J. V. H. Safford, in the summer of eighteen hundred and sixty-one, or as near thereto as shall be found expedient and practicable, to the Big Tree and Carson Valley road, in Hope Valley, on the eastern slope of the Sierra Nevada Mountains; and to locate, use, and occupy, any lands, not otherwise claimed, necessary for the construction of said road, to the extent of one hundred feet in width along the entire line of the said road, and to enter upon any public and vacant lands along the line of said road, and to take therefrom any and all timber, earth, gravel, and other material, necessary to be used in the construction, or repair, of the said road, for the term of twenty years from and after the passage of this Act.

SEC. 2. The said parties shall complete the said road by or before the first day of October, A. D. eighteen hundred and sixtytwo, and construct the same of the width of sixteen feet, and on a grade not exceeding eighteen feet rise to the one hundred feet of horizontal distance; provided, that if the County of Amador shall fail to donate the sum of twenty-five thousand dollars towards the construction of the said road, as is hereinafter provided, then the said parties shall have until the first day of October, A. D. eighteen hundred and sixty-three, to complete the

same.

SEC. 3. The said parties are hereby authorized to fix a tariff of tolls on and for said road, to erect and maintain toll gates thereon, and to ask, demand, and receive, for the use and travel on the same, such sums of money as they shall see fit, not exceeding the following rates, viz: For each animal attached to any loaded wagon or vehicle, twenty-five cents; for each loaded wagon, one dollar; for each loaded pack animal, twenty-five cents; for man and horse, fifty cents; for empty freight teams and unloaded pack animals, half of the above rates; for pleasure

carriages and buggies, for each vehicle, one dollar-and twentyfive cents for each horse or animal attached thereto; for loose cattle, horses, and mules, twelve and a half cents each; for sheep, goats, and swine, five cents each, for each twenty miles on said road. The foregoing rates of toll may be continued for the term of five years from the passage of this Act, after which time there shall be a reduction of twenty per cent. from the above rates, for the next succeeding five years; and at the end of each period of five years the tolls shall be reduced twenty per cent., for the rates of the next succeeding five years.

bonds of

County of

SEC. 4. The Board of Supervisors of the County of Amador, Issuance of at the first meeting of said Board after the passage of this Act, whether such meeting be a regular, adjourned, or a special, Amador. meeting, of said Board, shall submit to the qualified electors of said county, a proposition to appropriate and donate the sum of twenty-five thousand dollars, in the bonds of the County of Amador, for the purpose of assisting and encouraging the construction of the said wagon road, and shall, at the same time, cause a proclamation to be published in each of the newspapers published in Amador County, setting forth that the said proposition, above mentioned, will be submitted to a vote of the qualified electors of said county, at a special election, to be Election. held on a certain day, which shall be designated in said proclamation, not less than ten nor more than twenty days after said meeting, which proclamation shall be so published at least ten days; and the said Board shall, in the same proclamation, give notice that, at the said election, one Road Commissioner will be voted for in each Supervisor District in said county.

SEC. 5. The Board of Supervisors of said county shall ap- Same. point Judges and Inspectors of such election, and the same shall be conducted, in all respects, according to the provisions of the general election law, and in the same manner that general elections are conducted; provided, that the officers of such election shall not receive pay from the county for their services. On the tenth day after said election, the Board of Supervisors shall canvass the votes, and declare the result.

SEC. 6. Those voting at said election shall have written or Ballots. printed, on their respective ballots, the name of the person voted for for Road Commissioner, and the words "For the Wagon Road Bonds," or the words "Against the Wagon Road Bonds." If, upon canvassing the votes polled at said election, it shall Result. appear that a majority of the same were in favor of issuing the wagon road bonds, then it shall be the duty of the Board of Supervisors of the said County of Amador to issue, and they Issuance are hereby authorized and empowered to issue, bonds of the of bonds. said County of Amador, not exceeding the aggregate sum of twenty-five thousand dollars, for the purpose set forth in the fourth section of this Act, and in accordance with succeeding sections. And if a majority of the votes polled at said election shall be in favor of issuing the wagon road bonds aforesaid, then the persons, one in each Supervisor District of Amador County, who shall have received the highest number of votes polled for Road Commissioner in their respective Districts, shall be declared duly elected, and shall be, and are hereby, constituted a Board of Road Commissioners, who, together with

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