Tax. CHAP. XLIV.-An Act to amend an Act entitled an Act authorizing and empowering the Board of Supervisors in and for the County of Butte, to levy a Special Tax on all the taxable property in said county, for contingent purposes, approved March sixteenth, eighteen hundred and fifty-nine. [Approved March 5, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section first of said Act is hereby amended so as to read as follows: Section 1. The Board of Supervisors in and for Butte County, are hereby authorized and empowered to levy a special tax on all taxable property, real and personal, in said county, each fiscal year, of not exceeding fifteen cents on each one hundred dollars' worth of real and personal property assessed in said county. SEC. 2. This Act shall be in force as soon as passed. Assessments legalized. Duty of District CHAP. XLV.-An Act to legalize and provide for the Collection of [Approved March 5, 1862.] The People of the State of California, represented in Senate and SECTION 1. The assessments of taxes upon all property, real and personal, in the County of Solano, for the benefit, and in behalf, of the City of Benicia, and known as the Benicia City Tax, for the fiscal year ending on the first day of March, eighteen hundred and fifty-eight; and for the fiscal year ending on the first day of March, eighteen hundred and fifty-nine; and for the fiscal year ending on the first day of March, eighteen hundred and sixty; and for the fiscal year ending on the first day of March, eighteen hundred and sixty-one, shall be, and are hereby, legalized and confirmed, and rendered valid and binding, both in law and equity, against the persons and property assessed. SEC. 2. The District Attorney of the County of Solano is hereby authorized and empowered to sue for and collect the taxes mentioned in the first section, remaining due and unpaid, for the fiscal years therein specified, in the same manner as if the said taxes had been levied and assessed for State and county purposes; and the provisions of an Act entitled an Act to legalize and provide for the Collection of Delinquent Taxes in the Counties of this State, approved May seventeenth, eighteen hundred and sixty one, are hereby made applicable to the proceedings under this Act. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. XLVI.—An Act to amend an Act entitled an Act concerning Agricultural Societies, approved March twelfth, one thousand eight hundred and fifty-nine. [Approved March 5, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section six of said Act is hereby amended so as to read as follows: mortgage. Section 6. Such Society, by the unanimous vote of the Board May execute of Managers, for the purpose of purchasing or leasing property, as provided for by section second of this Act, or for the purpose of paying for property, may create debts or liabilities, not exceeding five thousand dollars, which they may secure by mortgage upon the property of said Society; and in case of any excess Liability. being incurred, the members of said Board of Managers shall, in their individual and private capacities, be held jointly and severally liable to such Society for the amount of such excess; provided, that any member of said Board who shall have been absent, or caused his dissent therefrom at the time to be entered on the minutes, shall not be so held liable. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. XLVII.-An Act for the Relief of Holders of Stamps heretofore issued for Bills of Lading. [Approved March 5, 1862.] The People of the State of California, represented in Senate and exchanged. SECTION 1. That it shall be lawful for all persons having in Stamps their possession any stamps for bills of lading, heretofore may be issued under the statute of this State, of April twenty-ninth, one thousand eight hundred and fifty-seven, entitled an Act to provide Revenue for the Support of the Government of this State, from a tax to be levied and collected from foreign and inland bills, and other matter, and under the statute of this State, of April twenty-sixth, one thousand eight hundred and fifty-eight, amendatory thereof, not made use of, to surrender such stamps to the Commissioners of Stamp Duties at any time within six calendar months from and after the passage of this Act; and it shall be lawful for the Commissioners of Stamp Duties, and they are hereby authorized and directed, to cause such unused stamps, so surrendered, to be cancelled, and to deliver out, in lieu thereof, orders upon the Controller of State, calling for stamps for bills of exchange of equal value in the whole with the stamps so surrendered and cancelled; such bills of exchange stamps to be issued in accordance with the statute of this State, of May ninth, one thousand eight hundred and sixty-one, entitled Duties of Proof required. an Act to provide Revenue for the Support of the Government of this State. SEC. 2. That it shall be lawful for the Controller of State, and he is hereby authorized and directed, upon the presentation of each of the orders in the first section mentioned, to deliver out to the holders thereof stamps for bills of exchange issued in accordance with the aforesaid statute of May ninth, one thousand eight hundred and sixty-one, to the value of the whole, as near as may be called for by such order, and upon such delivery to take from the said holders a receipt therefor, to be indorsed on such order, which orders and receipts shall constitute good vouchers for said Controller of State in his dealings with the Commissioners of Stamp Duties, and in the settlement of his accounts of stamps received from the Secretary of State. SEC. 3. That it shall be lawful for the Commissioners of Stamp Duties, and they are hereby authorized and empowered, to require of the holders of any stamps sought to be surrendered in accordance with the provisions of this Act, proof that such stamps have been purchased from the State of California, in pursuance of the terms thereof, and have never been used. SEC. 4. This Act shall take effect from and after its passage. New trial. Causes. Same. Same. Same. Same. CHAP. XLVIII.-An Act to amend an Act to regulate Proceedings in Civil Cases, passed April twenty-ninth, eighteen hundred and fifty-one. [Approved March 5, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and ninety-three of said Section 193. The former verdict or other decision may be vacated, and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of said party: First-Irregularity in the proceedings of the Court, jury, or adverse party, or any order of the Court, or abuse of discretion, by which either party was prevented from having a fair trial. Second-Misconduct of the jury, and whenever any one or more of the jurors shall have been induced to assent to any general or special verdict, or to a finding on any question or questions submitted to them by the Court, by a resort to the determination of chance; such misconduct may be proved by the affidavits of any one or more of the jurors. Third-Accident or surprise, which ordinary prudence could not have guarded against. Fourth-Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial. Fifth-Excessive damages, appearing to have been given under the influence of passion or prejudice. Sixth-Insufficiency of the evidence to justify the verdict, or same. other decision, or that is against law. Seventh-Error in law, occurring at the trial and excepted to same. by the party making the application. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. XLIX.—An Act to extend the provisions of an Act entitled an Act concerning Hogs found running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa Clara, approved April twenty-first, one thousand eight hundred and fifty-six, and the amendments thereto, approved April eighteenth, one thousand eight hundred and fifty-nine. [Approved March 13, 1862.] The People of the State of California, represented in Senate and to Amador SECTION 1. The provisions of an Act entitled an Act concern- Provisions of ing Hogs found running at large in the Counties of Marin, Sac- Act extended ramento, San Francisco, Alameda, Stanislaus, Yuba, and Santa County. Clara, approved April twenty-first, one thousand eight hundred and fifty-six, and the amendments thereto, approved April eighteenth, one thousand eight hundred and fifty-nine, are hereby extended and made applicable to Townships Number Two and Number Five, in the County of Amador; provided, that the provisions of this Act shall not apply to any hogs owned by any inhabitant of the County of Amador living outside of said Townships Numbers Two and Five, and within one mile of the boundary dividing said Townships Numbers Two and Five from other townships in Amador County, unless such hogs are found trespassing upon grounds in said Townships Numbers Two and Five, enclosed by lawful fence. SEC. 2. This Act shall be in force from and after its passage. CHAP. L.—An Act to authorize the Board of Supervisors of Calaveras County to issue Bonds in a sum not to exceed the sum of six thousand dollars, and to dispose of the same for Road purposes. [Approved March 13, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Calaveras County Issuance are hereby authorized and empowered to issue bonds in a sum of bonds. not to exceed the sum of six thousand dollars; the entire proceeds of said bonds shall be appropriated to and for the use and Interest. When payable. Duties of benefit of the public roads and highways in the County of Cal averas. SEC. 2. The said bonds shall draw interest at a rate not to exceed ten per cent. per annum, and shall have coupons attached thereto. SEC. 3. The bonds issued by virtue of this Act shall be made payable, at the office of the Treasurer of Calaveras County, on or before the first Monday of January, in the year one thousand eight hundred and sixty-six, and the interest on the bonds so issued shall be made payable annually, at the office of said Treasurer, on the first Monday of January of each year, on presentation of the respective coupons therefor. SEC. 4. The Board of Supervisors shall, annually, on the first Supervisors Monday of December, or within five days therefrom, from the year one thousand eight hundred and sixty-two, said year inclusive, cause to be set aside from the moneys received into the Road Fund of said county, a sum not to exceed the amount of twenty-five hundred dollars, for the payment of the annual interest on said bonds, and for the liquidation of the same; and the Board of Supervisors of said county shall be and are hereby empowered, in the event that there is a deficiency in the Road Fund of said county, to take from the General Fund of said county sufficient moneys to make up said deficiency. The moneys so set apart shall be a special Sinking Fund for the payment of the principal and interest accruing upon said bonds, which fund shall be designated the "Road Sinking Fund of. eighteen hundred and sixty-two." The County Treasurer shall open an account with said fund, charging the fund with the moneys so set aside, and crediting with the warrants paid. Duty of Duty of County Treasurer. Powers of Supervisors SEC. 5. On the first Monday of January, one thousand eight hundred and sixty-three, and on the first Monday in each succeeding January, it shall be the duty of the Treasurer of said county, on the order of the Board of Supervisors, from the moneys in his hands appropriated for said purpose, to pay the interest on the bonds outstanding; and on the first Monday of January of each succeeding year, it shall be the duty of the Treasurer of said county, on the order of the Board of Supervisors, from the moneys in his hands set aside for that purpose, to redeem two thousand dollars of the principal of said bonds; the said Treasurer shall, before doing so, advertise, for at least thirty days, in some newspaper in said county, for sealed proposals for the surrender of said bonds. The Treasurer shall open said proposals at the time and place designated and specified in said publication, in the presence of the Auditor and the Board of Supervisors of said county, and they shall accept only such bids as shall cancel the greatest amount of bonds; provided, that no bond shall be redeemed at a greater rate than one hundred cents for one dollar, together with the accrued interest thereon. SEC. 6. The Board of Supervisors of said county shall have power to issue the bonds provided for in this Act, and dispose of the same, either in payment to contractors for work done on the roads of said county, or by selling the same for cash; provided, said bonds shall not be sold or given to contractors for a less value than ninety cents on the dollar. |