visors, who shall file the same, and publish a copy thereof for five days. of County Tenth-The County Court shall have ample and general con- Jurisdiction trol of all the proceedings, as fully as in cases of reference. Court. Any party interested, or the Board of Supervisors, in behalf of the city and county, being dissatisfied with the award of the Commissioners, may, within ten days after the first publication of notice of the filing thereof, by petition, in writing, to that effect, filed in the County Court, demand that the question of benefits, or damages, be passed upon by a jury, in which case said Court shall have full power to submit the same matter to a jury, under the rules and regulations governing jury trials in other cases, and appeals may be taken to the Supreme Court, as in other civil cases. Any final awards of damages by said Com- Award of missioners, or final judgment for damages entered upon the damages. verdict of the jury, shall be entered as a judgment against said City and County of San Francisco, without the right to issue execution thereon; and for the amount of benefits finally assessed and awarded against any such lot, a judgment shall be entered, either jointly or severally, in favor of said City and County of San Francisco, and against each of such owners, respectively, describing the lot with convenient certainty, against which the assessment stands, upon which judgments an order of sale may issue, by order of the Court, briefly reciting the judgment, and commanding the Sheriff to collect the amount therein mentioned, by sale of the lots assessed, respectively, in the mode prescribed by law for the sale of real estate in execution, the proceeds to be paid by the Sheriff to the City and County Treasurer, who shall place the same to the credit of the Street Department Fund; provided, that any party may, at any Proviso. time after filing the award by the Commissioners, pay the amount of his assessment into the City and County Treasury, which shall be placed to the credit of the Street Department Fund, and the Treasurer's receipt therefor, countersigned by the Auditor, may be filed in the cause in the County Court, and the same shall be a full satisfaction of such assessment. Before ordering such work, the Board of Supervisors shall order the damages finally assessed to be paid, and no change of grade shall be made under the provisions of this Act, until all such assessments have been paid into the Treasury; and the same shall be paid to the parties entitled thereto, out of the Street Department Fund; so also, shall be allowed and ordered paid out of said fund, a reasonable compensation to each of said Commissioners, and any other incidental or necessary expenses attending the proceedings. SEC. 10. The Board of Supervisors of said city and county Powers of shall have power to fix the time at which the duties of said Supervisors Board of Civil Engineers shall cease and determine, which shall be on or before the first day of October, one thousand eight hundred and sixty-three; but after the termination of the duties of said Board of Civil Engineers, the Board of Supervisors shall continue to have power to act on the reports of said Board of Civil Engineers. The change of the grade and of the lines of the streets, in any district established by the Board of Supervisors, under the provisions of this Act, may be approved by said Board of Supervisors before the final completion of the whole survey provided for in this Act. SEC. 11. All Acts, and parts of Acts, in conflict with this Act, are hereby repealed. SEC. 12. This Act shall take effect from and after the date of its passage. Franchise. CHAP. CCCI.-An Act to provide for a Railroad within the City and [Approved April 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. The right is hereby granted to A. J. Pope, John Middleton, A. J. Gunnison, John P. Zane, and their associates and assigns, to lay down and maintain an iron railroad within the City and County of San Francisco, along and upon the following streets, viz.: Commencing at the intersection of Line of road. Davis and Vallejo streets, in the City of San Francisco; thence, along and upon said Davis street, to Washington street; thence, along and upon Washington street, to either Battery or Sansome street, as the grantees in this Act may determine; thence, along and upon either Battery or Sansome street, at the option of said grantees, to Bush street; thence, along and upon Bush street, to Dupont street; thence, along and upon Dupont street, to Sutter street; thence, along and upon Sutter street, to Stockton street; thence, along and upon Stockton street, to Geary street; thence, along and upon Geary street, to Taylor street; thence, along and upon Taylor street, to Market street; thence, along and across Market street, to Sixth street, (formerly Simmons street;) thence, along and upon Sixth street, to Brannan street; thence, along and upon Brannan street, to the Brannan street bridge, with a branch from Taylor street, through either Geary or Turk street, at the option of said grantees, to either Steiner or Scott street; thence, along and upon either Steiner or Scott street, at the option of said grantees, to Geary street; thence, along and upon Geary street, to the Lone Mountain Cemetery. And, in case the owners of said railroad shall not be able to arrange with the owners of the franchises granted for railroads through Sansome or Battery street, for the use of one or both of said railroads from Washington to Bush street, they shall have the right to lay down and maintain a railroad along and upon Davis street, from its intersection with Washington street, to Market street; thence, along and upon Market street, to its intersection with Bush street; thence, along and upon Bush street, to its intersection with Sansome street. Said road to have a single or double track, at the option of the said grantees, their associates and assigns; the rails to be of the most improved pattern used in the Eastern States; with the proper and necessary switches and turnouts along the entire route; and to run cars thereon, not exceeding twenty-four feet in length, at convenient hours of every day and night, for the transportation of passengers; provided, that the grantees named in this Act, their associates or assigns, shall not have or hold any franchise or right to construct and lay down such railroad along the route herein before described, until they shall first have obtained the consent, in writing, of the owners of two thirds of the property along those parts of said streets on which said route runs, within one year from the passage of this Act. That portion of the road running through Washington and Dupont streets shall be by single track. SEC. 2. The owners of said railroads shall pave, plank, or Conditions. macadamize, (as the proper authorities of said City and County of San Francisco shall direct,) the streets through which the said railroad shall run, along the whole length thereof, for a width extending two feet on each side of said road, and shall keep the same constantly in repair; provided, that beyond Mason street, the grantees shall not be compelled to pave and plank, as aforesaid, until said street shall be graded. SEC. 3. The track of said railroad shall not be more than Track. five feet wide, within the rails, with a space between the double tracks sufficient for the passage of the cars. It shall be laid as nearly as possible in the centre of each street, and flush with the level of the street, and so as to offer as little obstruction as possible to the crossing of vehicles; and when the road herein provided for shall intersect any other road, the rail of each shall be so altered, or cut, as to permit the cars to cross without obstruction; and nothing in this Act shall be so construed as to prevent any other railroad company, hereafter formed, from crossing the road herein mentioned, at any point, in like manner, in the City and County of San Francisco. SEC. 4. The rates of fare for each passenger upon said rail- Rates of fare road shall not exceed five cents, each way, from any point on said road to the intersection of the Lone Mountain branch with Taylor street; and ten cents, or twelve tickets for one dollar, from any point on said road to a point beyond said intersection. SEC. 5. The cars upon said railroad shall be of the most Cars. approved construction for the comfort and convenience of passengers, and shall be provided with sufficient brakes and other means of stopping the same when required. They shall be moved by horses or mules, and not otherwise, and at a speed not exceeding eight miles an hour; and in case of a violation of this provision, the owner or owners of said railroad shall be subject to a fine, not exceeding one hundred dollars for each offence. SEC. 6. It shall be lawful for the owners of said franchise Extension. hereby granted, at any time to extend the said railroad, from the intersection of Sixth street with Brannan street, along said Brannan street, to its intersection with Third street; provided, they shall first give notice of such extension, by an advertisement, published in two daily newspapers in said city and county, for at least three months; and, provided, further, that a majority of the owners of property fronting on said extension shall not object, in writing, within the said three months. Said objection or protest to be estimated by the front foot. Obstructions Duration of ranchise. SEC. 7. Any person wilfully obstructing said railroad, shall be deemed guilty of a misdemeanor, and punished accordingly. SEC. 8. The franchises and privileges hereby granted, shall continue for the period of twenty-five years, to date from and after the passage of this Act; provided, that the line of said railConditions. road, from the intersection of Davis and Vallejo streets to the Brannan street bridge, and the branch of the same, from Taylor street to the Lone Mountain Cemetery, shall be completed, at least upon a single track, and passenger cars running thereon, within two years after May first, A. D. eighteen hundred and sixty-two, and the grantees shall, within one year after the passage of this Act, commence the construction of said road; but no time, during which they shall be prevented therefrom by legal process, shall be counted as a part of said time, and the said grantees, their associates or assigns, shall, within three. months after the passage of this Act, execute, to the City and County of San Francisco, a bond, with good and sufficient sureties, to be approved by the County Judge of said city and county, conditioned in the sum of thirty thousand dollars, for the completion of the said railroad, according to the requirements and privileges of this Act, and file the same with the Treasurer of the city and county, for the benefit thereof; and upon a failure to comply with the provisions of this section, the franchise and privileges hereby granted shall utterly cease and determine, and the amount of the said bond may be recovered from the obligors therein named, in an action brought in the name of The City and County of San Francisco. City and purchase. SEC. 9. The owners of said railroad are required to sell, county may transfer, and convey, the same, together with the cars that may be employed thereon, to the City and County of San Francisco, at any time after the expiration of fifteen years from the completion of the same, upon a demand being made to that effect by the said city and county, and upon the payment to said parties, by said city and county, of the appraised value of the same; said appraisal to be made by five Commissioners, in the manner following: The Board of Supervisors of the City and County of San Francisco shall appoint two Commissioners, and notify the grantees, or their assigns, of such appointment, who, within ten days after the receipt of such notice, shall appoint two Commissioners, and notify the Board thereof; the four Commissioners, so appointed, shall elect a fifth-but in case of their inability to agree upon such fifth Commissioner within ten days, he shall be appointed by the County Judge of said city and county. In case of the failure of the grantees, or their assigns, to appoint Commissioners on their part, as above provided, or in case of their refusal to act, the County Judge shall Manner of have the power of appointing them. Said Commissioners shall make their appraisement, and present their report, within thirty days after the completion of the Commission, and file the same in the office of the Clerk of the Board of Supervisors. A majority of said Commissioners shall constitute a quorum, and the award of the majority shall be final and binding upon the parties. The amount of the award shall be paid, by the Treasurer of the city and county, to the grantees or their assigns, within appraise ment. sixty days after the filing of said award, and thereupon the title to said railroad and cars shall vest in the said city and county. SEC. 10. Nothing in this Act shall be so construed as in any- Proviso. wise to prevent the proper authorities of the said City and County of San Francisco from sewering, grading, paving, planking, repairing, or altering, any of the streets herein before specified, but all such work shall be done, if possible, so as not to obstruct the free passage of the cars upon the said railroad; and when the same shall not be possible, the said authorities, before the commencement of said work, shall allow to the owners of said railroad time sufficient to enable them to shift the rails, or take other means so as to avoid said obstruction during the continuance thereof, which they, the said owners, are hereby authorized to do. SEC. 11. The owners of said railroad shall pay to the City License. and County of San Francisco the sum of fifty dollars per annum, as a license upon each car used by them upon said railroad, which payment shall be made quarterly to the said city and county. be granted. SEC. 12. The Board of Supervisors of the City and County Additional of San Francisco, or their legal successors, are hereby authorized shamed. and empowered to grant to the said parties named in the first section of this Act, their associates or assigns, such additional rights, privileges, and grants, as said parties, their associates and assigns, may desire, or deem necessary for the full and complete enjoyment of the franchise and privileges created and granted by this Act. CHAP. CCCII.-An Act for the Encouragement of Agriculture and [Approved April 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. There shall be paid, from any money in the Premiums. Treasury not otherwise appropriated, to the producer claiming a premium by virtue of the provisions of this Act, the following sums, for each of the articles herein enumerated, grown and manufactured in California: For the first one hundred bags of sugar, containing one hundred pounds each, produced from sorghum, five hundred dollars. For the same quantity, produced the next succeeding year, two hundred and fifty dollars. For the same quantity, produced the second succeeding year, one hundred and fifty dollars. For the same quantity, produced the third succeeding year, one hundred dollars. For the same quantity of sugar, produced from sugar cane, the same premiums, and upon the same conditions, shall be paid; and also, for the same quantity, produced from beet root, the same premium, upon the same conditions. Sugar. For the first two hundred barrels molasses, manufactured from Molasses. sorghum, two hundred dollars. For the first two hundred bar |