County Clerk. Sheriff and District Treasurer. Assessor. Interpreters CHAP. CCLXXII.—An Act concerning certain Salaries and Fees of [Approved April 19, 1862.] The People of the State of California, represented in Senate and SECTION 1. The County Clerk of the County of Monterey shall receive, for all services required of him by law, for which such county is chargeable, as such Clerk, or as Auditor, Recorder, Clerk of the Board of Supervisors, Clerk of the Board of Equalization, Clerk of the Board of Canvassers, Superintendent of Schools, or in any other way, by virtue of his office, or in any of his ex officio offices, the sum of eight hundred dollars per annum, to be paid, quarterly, out of the County Treasury; and in no case whatever shall he be allowed any other fee or compensation, for any service rendered for, or in behalf of, the county, by virtue of his said office or offices and the requirements of law, except the aforesaid sum of eight hundred dollars per annum. SEC. 2. The fees of the Sheriff and Constables in said county, for services in criminal cases, properly chargeable to said county, shall be as follows: For making every arrest, one dollar. For serving each subpoena, twenty-five cents. For executing sentence of death, twenty dollars. For summoning a grand jury, six dollars. For summoning a trial jury, of twelve persons, three dollars; for each additional juror, twenty-five cents. For mileage, in serving process or other papers, twenty cents for each mile necessarily travelled, one way only, and one mileage only to be allowed where several persons, living in the same direction, are served with process at the same time; and no constructive mileage whatever shall be allowed. There shall be allowed to the Sheriff the sum of five hundred per annum for the payment of Jailer's services. SEC. 3. The Sheriff of said county, as Tax Collector, shall be allowed for all his services, including mileage, required by law in collecting and paying over the State and county taxes. three per cent. on all moneys collected and paid over. SEC. 4. The District Attorney of said county shall receive a salary of six hundred dollars a year, payable monthly, and such fees as are allowed by law. SEC. 5. The Treasurer of said county shall be allowed for his services, in safe keeping and disbursing county moneys, two and one half per cent. on all such moneys disbursed, and shall receive no other per centage or compensation whatever from the county. SEC. 6. The Assessor of said county shall receive, for all services rendered by him, or his Deputies, under any of the revenue laws of this State, the sum of eight hundred dollars per annum, payable at the time, and in the same manner, as the Assessor's fees are now payable by law. SEC. 7. No fees shall be allowed witnesses in criminal cases. SEC. 8. Interpreters shall receive, for their services, in the trial of any criminal cause, the sum of four dollars per day. inhibited accounts. SEC. 9. And the Board of Supervisors, or any other author- Supervisors ity, are hereby expressly inhibited from auditing any account, or from auditallowing any fee or compensation, to the above mentioned officers, ing certain for any official service, payable out of the County Treasury, further than the sums above specified; and the allowance made by the State in behalf of the County Clerk as Auditor, and in behalf of the Assessor, for its proportion of the expense of assessing and collecting the revenue, shall be paid into the County Treasury of said county, for the use of said county. SEC. 10. All laws, and parts of laws, conflicting with the provisions of this Act, are hereby repealed, as far as the County of Monterey is concerned. SEC. 11. This Act shall take effect from and after its passage. CHAP. CCLXXIII.-An Act for the Protection of Growing Timber on all Possessory Claims, and other Private Property, in cerain counties in this State, and on or along Public Streets or Highways, and on Public Grounds. [Approved April 19, 1862.] The People of the State of California, represented in Senate and SECTION 1. Any person or persons, who shall wilfully commit Trespass. any trespass, by cutting down, or carrying off, any wood, or underwood, tree, or timber, or by girdling, or otherwise injuring, any tree, or timber, on the land or possessory claim of another person, or on or along any public street or highway, or on the commons or public grounds of any city or town, without lawful anthority, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in a sum not less than ten dollars nor Penalty. more than two hundred dollars, or shall be subject to imprisonment in the county jail for a period of not more than three months nor less than ten days, or by both fine and imprisonment, at the discretion of the Court; provided, that the provi- Counties sions of this Act shall not apply to the Counties of Tuolumne, excepted. Mono, San Bernardino, Calaveras, El Dorado, Nevada, Placer, Plumas, Sierra, Shasta, Trinity, Butte, Tulare, Fresno, Siskiyou, Tehama. Del Norte, Klamath, Humboldt, Sutter, and Amador. CHAP. CCLXXIV.-An Act for the repeal of an Act, approved May seventeenth, eighteen hundred and sixty-one, entitled an Act supplementary to an Act entitled an Act to provide for the Collection of Delinquent Taxes in the County of San Bernardino, approved March twenty-seventh, A. D. eighteen hundred and sixty-one. [Approved April 19, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Act, approved May seventeenth, eighteen hundred and sixty-one, entitled an Act supplementary to an Act entitled an Act to provide for the Collection of Delinquent Taxes in the County of San Bernardino, approved March twentyseventh, eighteen hundred and sixty-one, is hereby repealed. SEC. 2. This Act shall take effect from and after its passage. Franchise. CHAP. CCLXXV.-An Act to authorize Henry Owens to construct a [Approved April 19, 1862.] The People of the State of California, represented in Senate and SECTION 1. Henry Owens is hereby authorized to construct and maintain, for a period of twenty-five years, a marine railway on the following described tract or parcel of land, (a part of which is upland,) the owner thereof being the said Henry Owens, and the balance, submerged or tidal lands, being the Boundaries. property of the State, to wit: Commencing on the northerly line of Shasta street, at a point thirty-three feet westerly from the southeasterly corner of lot number four hundred and twentyseven, as said lot is laid down on a map or plan made by William J. Lewis, in June, eighteen hundred and fifty-six; thence, running northeasterly, to a point where the water in the Bay of San Francisco shall be twelve feet deep at low tide; thence, at right angles, southeasterly, four hundred and fifty feet four inches and a quarter; thence, at right angles, southwesterly, in a line parallel with the first named line, to said northerly line of Shasta street; thence, westerly, along said street line, four hundred and fifty feet four and a quarter inches, to the point of beginning; provided, that the rights and franchise herein granted shall cease and determine, and shall revert to the State, whenever the State, through the Legislature, shall see fit to provide or adopt any general system of improvement for the water front of the City of San Francisco; but the grantees shall be entitled to receive the value of such improvements as they shall have made, which value shall be ascertained and determined as provided in the railroad law of this State. Proviso. SEC. 2. Said Henry Owens, his associates and assigns, shall have the right to reclaim the tidal lands comprising the lots Rights. four hundred and forty-six and four hundred and sixty-one, and use the same, in common with said railway, during the time specified in section one of this Act. SEC. 3. Said Henry Owens, his associates and assigns, shall Conditions. commence the construction of said railway within one year, and complete the same within three years, from and after the passage of this Act, otherwise the same shall be void and of no effect. CHAP. CCLXXVI.-An Act in relation to the Construction of the into. [Approved April 19, 1862.] The People of the State of California, represented in Senate and Assembly, do enact as follows: to cancel a certain SECTION 1. The Board of Commissioners appointed under Capitol Comthe provisions of an Act entitled an Act to provide for the Con- missioners struction of the State Capitol in the City of Sacramento, ap- and annul proved March twenty-ninth, eighteen hundred and sixty, are contract. hereby authorized and required to cancel and annul a certain contract entered into on the twenty-ninth day of July, eighteen hundred and sixty-one, between the said Board of Commissioners, party of the first part, and George W. Blake and P. Edward Conner, parties of the second part, and to release the parties of the second part, and other sureties, from all liability upon said contract, upon the terms and conditions in this Act; provided, that within ten days after the passage of this Act, the said Blake and Conner shall file with the said Board of Commissioners First-Their written consent to the cancellation of said con tract. Second-A bill of sale of all materials and buildings furnished, delivered, or erected, upon the Capitol grounds, for the prosecution of the said work, free from all liens and encumbrances. And Third-Their written release of all claims for damages against the State, of every nature and kind whatsoever, growing out of, or in any way connected with, the said contract, which said papers shall be filed by the Board of Commissioners in the office of the Secretary of State. allowed to contractors. SEC. 2. Upon compliance, by the said Blake and Conner, with Amount all the requirements contained in section one of this Act, the said Commissioners are authorized and required to certify to the Controller of State, and the said Controller is required to deliver to said Blake and Conner his warrants, drawn upon the State Treasurer, payable to the order of the said Blake and Conner, in the sum of forty-five thousand five hundred and seventy dollars and twenty-six cents, less the amount of the warrants drawn in favor of, or for the benefit of, said Blake and Duty of State Modification o. plans. Purchase and sale of materials. To advertise for bids. Conner, and the amount of the outstanding audited accounts delivered said Blake and Conner on said contract. SEC. 3. The Controller of State is hereby directed to draw his warrants in favor of said Blake and Conner, and deliver the same to said Blake and Conner, as aforesaid, in the further sum of ten thousand dollars, for materials furnished and work done by them on the Capitol building, since the first day of January, one thousand eight hundred and sixty-two, and for the damages sustained by them by reason of the flood, and all other claims growing out of the said contract and the annulling thereof. SEC. 4. The Treasurer of State is hereby directed to pay all the warrants drawn in pursuance of this Act, and the Act to provide for the Construction of the State Capitol in the City of Sacramento, passed March the twenty-ninth, eighteen hundred and sixty, and of the Acts amendatory thereof and supplementary thereto, out of the appropriations made by said Acts. SEC. 5. Within thirty days after the passage of this Act, the Superintendent and Architect shall so modify the plans, estimates, and specifications, for the construction of the State Capitol building, that the total cost for the construction of said building shall not, when added to the amount already expended, and that to be expended in payment of the amount awarded Blake and Conner, as provided in this Act, exceed the amount of five hundred thousand dollars. Said plans, specifications, and estimates, shall be made under oath, by the Superintendent and Architect, and shall be subject to approval by the Board of State Capitol Commissioners. SEC. 6. Said Board of Capitol Commissioners are hereby authorized, after examination and report from the Superintendent and Architect, to advertise, and sell at public auction, all damaged material, and all materials now on hand not applicable to the construction of the building under the plans and specifications hereafter to be adopted, and the money to be received from said sale shall be paid into the State Treasury, and be added to the appropriation heretofore made. SEC. 7. For all material to be used under the plans and specifications hereafter to be adopted, the Board of Capitol Commissioners, having regard to the total amount of the present unexpended appropriation, so as to apportion material to labor, shall Aceptance. advertise for all supplies of material, and they shall accept the lowest bid; provided, they may reject any and all bids, unless the material to be furnished shall be approved by the Superintendent and Architect. To hire the day. Proviso. SEC. 8. The Superintendent and Architect are hereby authorlaborers by ized, under the direction of the Board of Capitol Commissioners, to employ mechanics and laborers, by the day, for the construction of the work, and the placing of the material now on hand, and herein authorized to be contracted for, into the building, in accordance with the modified plans herein required; provided, always, that the Superintendent and Architect and Board of Commissioners shall have no power, until further appropriations are made, to contract for, or expend, any amount toward the construction of the building, under the modified plans herein required, which shall exceed the amount of the present unexpended appropriation. |