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Issuance of bonds

to road

company.

Duties of

missioners.

the County Surveyor of Amador County, shall superintend the prosecution of the work on, and the construction of, the said wagon road, in all matters and things connected with the payment of any part of the cost thereof by the said County of Amador.

SEC. 7. If, after the said wagon road bonds shall have been declared to have been voted for by a majority of the votes polled at the said election, the parties named in the first section of this Act, or their assigns, shall proceed to construct the aforesaid wagon road, according to the conditions herein before contained, then the said Board of Supervisors of the County of Amador shall issue and give to the said parties, or their assigns, the sum of twenty-five thousand dollars, in bonds of the County of Amador, in the manner following, viz: Upon the completion of said wagon road from Antelope Springs to Tragedy Springs, the sum of five thousand dollars; on the completion thereof from Tragedy Springs to the outlet of Silver Lake, five thousand dollars; on the completion thereof from the outlet of Silver Lake to Carson Spur Pass, five thousand dollars; on completion of the same from Carson Spur Pass to the head of Summit Lake, five thousand dollars; and upon completion of the same from the head of Summit Lake to the Big Tree and Carson Valley road, in Hope Valley, the sum of five thousand dollars.

SEC. 8. Whenever the Road Commissioners shall be notified, Road Com- by the President or managing Agent of the company constructing the said wagon road, that they have completed a section thereof, or any section thereof, as mentioned in the last preceding section, they, the said Road Commissioners, shall, together with the Engineer by them selected, go upon the work and examine the same, and if they find the section constructed in a satisfactory manner, according to the requirements of this Act, then they shall forthwith certify the same to the Board of Supervisors of Amador County, who shall thereupon immediately issue and deliver the proportionate amount of the aforesaid bonds of Amador County, to the said company; but if, on inspection, it shall at any time appear that a section of said road has not been well and properly constructed, the Road Commissioners and Surveyor shall notify the said company of the deficiency, and no bonds shall be issued for the construction of such section until after the same shall have been put in proper condition; and upon the completion and acceptance of each section of said wagon road, as above specified, the said Board Issuance of of Supervisors of the County of Amador shall issue and deliver to the said company, so constructing the said road, the sum of five thousand dollars, in the said bonds, until they shall have issued and delivered to the said company the full sum of twentyfive thousand dollars; and if the said company shall fully construct and complete the whole of said road by the first day of October, A. D. eighteen hundred and sixty-two, then the aforesaid sum of twenty-five thousand dollars shall be deemed and considered as a free gift from the County of Amador to the said company; but if the said company shall fail to complete the said road by the said first day of October, the bonds having been ready to issue, then the franchise hereby granted, or intended to be granted, by this Act, shall cease and determine;

bonds to

company.

and any portion of such roads as may have been constructed shall become the property of the county in which the same

shall lie.

SEC. 9. The said bonds shall be issued in sums of five thou- signatures sand dollars each, and shall be signed by the Chairman of the to bonds. Board of Supervisors of Amador County, and countersigned by the County Clerk, ex officio Auditor of said county, who shall affix the seal of the County Court of Amador County thereto, and be indorsed by the Treasurer of Amador County. They shall bear interest, at the rate of twelve per cent. per annum; Interest and and coupons for the interest shall be attached to each bond, so payment of. that the coupons may be removed without mutilating the bond. The interest on the bonds shall be paid at the office of the Treasurer of Amador County, semi-annually, on the first day of January and on the first day of July, in each year, on and after the first day of January, eighteen hundred and sixty-three. The principal sums in said bonds shall be made payable and redeemable as follows, to wit: Five thousand dollars on the first Mon- Bonds, when day in November, eighteen hundred and sixty-three; five thou- payable. sand dollars on the first Monday in November, eighteen hundred and sixty-four; five thousand dollars on the first Monday in November, eighteen hundred and sixty-five; five thousand dollars on the first Monday in November, eighteen hundred and sixty-six; and five thousand dollars on the first Monday in November, eighteen hundred and sixty-seven.

principal.

SEC. 10. For the purpose of paying the semi-annual interest Tax for on said bonds, and for their liquidation, the Board of Supervi- payment of sors of Amador County shall levy a special tax as follows, to wit: For the year eighteen hundred and sixty-two, twenty-five cents on each one hundred dollars of taxable property in Amador County; for the year eighteen hundred and sixty-three, fifty cents on each one hundred dollars; for the year eighteen hundred and sixty-four, forty-five cents on each one hundred dollars; for the year eighteen hundred and sixty-five, forty cents on each one hundred dollars; for the year eighteen hundred and sixty-six, thirty-five cents on each one hundred dollars; and for the year eighteen hundred and sixty-seven, thirty cents on each one hundred dollars, of all the taxable property of Amador County. The said tax shall be collected and paid into the Collection. County Treasury in the same manner that other taxes, State and county, are collected and so paid; and the Treasurer shall keep the same separate and apart from all other moneys in the Treasury, and shall designate the same as "The Sierra Nevada Wagon Road Fund;" provided, that if there shall be a surplus of said fund, after the interest and principal of said bonds shall have been fully paid, such surplus shall be transferred to the General Fund of the County of Amador, without any further authority.

SEC. 11. The Road Commissioners, and the Engineer to be Pay of selected by said Commissioners, shall receive a compensation of officers. eight dollars per day, for each day's service rendered by them under this Act, to be paid out of the General Fund of Amador County; provided, that no claim shall be allowed for more than thirty days service to any one of them.

SEC. 12. At the expiration of the franchise granted by this

Amador

To revert to Act, the wagon road, constructed by virtue of the same, together with all of the improvements and appurtenances belonging thereto, shall vest in, and become the property of, the county or counties in which the same shall then be situated.

County.

SEC. 13. This Act shall take effect from and after its passage.

Penalty for divulging contents of message.

Forged message.

Penalty.

CHAP. CCLXII.—An Act for the Regulation of the Telegraph, and to secure Secrecy and Fidelity in the Transmission of Telegraphic Messages.

[Approved April 18, 1862.]

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

SECTION 1. If any officer, agent, operator, clerk, or employé, of any telegraph company, or any other person, shall wilfully divulge, to any other person than the party from whom the same was received, or to whom the same is addressed, or his agent or attorney, any message, received or sent, or intended to be sent, over any telegraph line, or the contents, substance, purport, effect, or meaning, of such message, or any part thereof, or shall wilfully alter any such message, by adding thereto, or omitting therefrom, any word or words, figure or figures, so as to materially change the sense, purport, or meaning, of such message, to the injury of the person sending, or desiring to send, the same, or to whom the same was directed, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by a fine, not to exceed one thousand dollars, or imprisonment, not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court; provided, that when numerals or words of number occur in any message, the operator or clerk, sending or receiving, may express the same in words, or figures, or in both words and figures, and such fact shall not be deemed an alteration of the message, nor in any manner affect its genuineness, force, or validity.

SEC. 2. If any agent, operator, or employé, in any telegraph office, or any other person, shall, knowingly and wilfully, send by telegraph, to any person or persons, any false or forged message, purporting to be from such telegraph office, or from any other person, or shall wilfully deliver, or cause to be delivered, to any person, any such message, falsely purporting to have been received by telegraph, or if any person or persons shall furnish, or conspire to furnish, or cause to be furnished, to any such agent, operator, or employé, to be so sent by telegraph, or to be so delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure, or defraud, any individual, partnership, or corporation, or the public, the person or persons so offending shall be deemed guilty of a misdemeanor, and shall be punished by a fine, not to exceed one thousand dollars, or imprisonment, not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court.

employé,

mation from

SEC. 3. If any agent, operator, or employé, in any telegraph Agent, office, shall, in any way, use or appropriate any information de- operator, or rived by him from any private message or messages, passing using infor through his hands, and addressed to any other person or per- messages. sons, or in any other manner acquired by him by reason of his trust as such agent, operator, or employé, or shall trade or speculate upon any such information, so obtained, or, in any manner, turn, or attempt to turn, the same to his own account, profit, or advantage, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by a fine, not to exceed one Penalty. thousand dollars, or imprisonment, not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court, and shall also be liable, in treble damages, to the party aggrieved, for all loss or injury sustained by reason of such wrongful act.

postponement out of

SEC. 4. If any agent, operator, or employé, in any telegraph Neglect or office, shall, unreasonably and wilfully, refuse or neglect to send any message, received at such office for transmission, or shall, regula unreasonably and wilfully, postpone the same out of its order, or shall, unreasonably and wilfully, refuse or neglect to deliver any message received by telegraph, the person so offending shall be deemed guilty of a misdemeanor, and may be punished by a fine, not to exceed five hundred dollars, or imprisonment, not to exceed six months, or by both such fine and imprisonment, in the discretion of the Court; provided, that nothing herein Proviso. contained shall be construed to require any message to be received, transmitted, or delivered, unless the charges thereon shall have been paid or tendered, nor to require the sending, receiving, or delivery, of any message, counselling, aiding, abetting, or encouraging, treason against the Government of the United States, or of this State, or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime.

sealed en

SEC. 5. If any person, not connected with any telegraph of- Opening fice, shall, without the authority or consent of the person or per-velops, etc. sons to whom the same may be directed, wilfully or unlawfully open any sealed envelop, enclosing a telegraphic message, and addressed to any other person or persons, with the purpose of learning the contents of such message, or shall fraudulently represent any other person or persons, and thereby procure to be delivered to himself any telegraphic message addressed to such other person or persons, with the intent to use, destroy, or de tain, the same, from the person or persons entitled to receive such message, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by a fine, not to exceed one thousand dollars, or imprisonment, not to exceed one year, Penalty. or by both such fine and imprisonment, in the discretion of the Court, and shall, moreover, be liable, in treble damages, to the party injured, for all loss and damage sustained by reason of such wrongful act.

SEC. 6. If any person, not connected with any telegraph company, shall, by means of any machine, instrument, or contriv

Clandes

tinely learning the

message.

ance, or in any other manner, wilfully and fraudulently read, or attempt to read, any message, or to learn the contents thereof, contents of whilst the same is being sent over any telegraph line, or shall wilfully and fraudulently, or clandestinely, learn, or attempt to learn, the contents or meaning of any message, while the same is in any telegraph office, or is being received thereat, or sent therefrom, or shall use, or attempt to use, or communicate to others, any information so obtained by any person, the person so offending shall be deemed guilty of a misdemeanor, and shall Peralty be punished by fine, not to exceed one thousand dollars, or imprisonment, not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court.

Bribery.

Penalty.

Malicious injury to telegraph.

Penalties.

Damages.

Operators,

SEC. 7. If any person shall, by the payment or promise of any bribe, inducement, or reward, procure, or attempt to procure, any telegraph agent, operator, or employé, to disclose any private message, or the contents, purport, substance, or meaning thereof, or shall offer to any such agent, operator, or employé, any bribe, compensation, or reward, for the disclosure of any private information received by him, by reason of his trust as such agent, operator, or employé, or shall use, or attempt to use, any such information so obtained, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine, not to exceed one thousand dollars, or imprisonment, not to exceed one year, or by both such fine and imprisonment, in the discretion of the Court.

SEC. 8. If any person shall wilfully and maliciously cut, break, or throw down, any telegraph pole, or any tree, or other object, used in any line of telegraph, or shall wilfully and maliciously break, displace, or injure, any insulator in use in any telegraph line, or shall wilfully and maliciously cut, break, or remove from its insulators, any wire used as a telegraph line, or shall, by the attachment of a ground wire, or by any other contrivance, wilfully and maliciously destroy the insulation of such telegraph line, or interrupt the transmission of the electric current through the same, or shall in any other manner wilfully and maliciously injure, molest, or destroy, any property, or materials, appertaining to any telegraph line, or belonging to any telegraph company, or shall wilfully and maliciously interfere with the use of any telegraph line, or obstruct or postpone the transmission of any message over the same, or procure, or advise, any such injury, interference, or obstruction, the person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine, not to exceed five hundred dollars, or imprisonment, not to exceed six months, or by both such fine and imprisonment, in the discretion of the Court; and shall, moreover, be liable to the telegraph company whose property is injured or line obstructed, in a sum equal to one hundred times the amount of actual damages sustained thereby.

SEC. 9. Any person offending against the provisions of section one, two, six, or seven, of this Act, shall, in addition to the penalties therein prescribed, be liable in a civil suit for all damages occasioned thereby.

SEC. 10. All operators, clerks, and persons, in the employ etc., exempt of any telegraph company, whilst employed in the offices of said duties. company, or along the route of its telegraph lines, shall be ex

from certain

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