raised by the said road debt tax, to redeem the one tenth part of the first principal of said bonds, or such amount of said bonds as the surplus money in their hands will redeem, at the lowest value at which they may be proposed to be liquidated, after the advertising for two weeks, by publication, for sealed proposals for the redemption of said bonds. The said Treasurer shall open the said proposals, at the time and place specified in the publication, in the presence of such persons as choose to be present, and shall cancel the greatest amount of said bonds; provided, that no bonds shall be redeemed at a greater sum than par, without interest.

SEC. 10. Whenever the County Treasurers of said counties Cancellation shall pay any coupons, or bonds, under the provisions of this Act, they shall cancel the same, and preserve the said cancelled coupons and bonds, and keep a record thereof, giving the number, date, and amount of each, and from whom received, and shall write across said bonds and coupons, the words "Cancelled by me," and sign his name thereto as Treasurer.

sioners.

SEC. 11. A Board of three Commissioners shall be appointed, Commisto be called "The Sonora and Mono Road Commissioners," whose duties it shall be to cause to be constructed the road mentioned in section two of this Act, and the said Commissioners, or a majority of them, shall lay out, view, and locate, said road.

SEC. 12. The said Commissioners shall be appointed as follows: One by the Board of Supervisors of Mono County, one by the Board of Supervisors of Tuolumne County, and one by the two Commissioners thus appointed.

SEC. 13. The Board of Commissioners shall meet in the City Meetings. of Sonora, on the third Monday of May, A. D. eighteen hundred and sixty-two, and organize for the transaction of business, and shall, as soon as practicable after plans and specifications have been agreed upon, advertise for at least thirty days, in some newspaper published in the City of Sonora, Tuolumne County, To advertise for sealed proposals to construct said road, stating whether by section, or otherwise; the time within which each contract shall be fulfilled, and the mode and manner of payment upon said contract, and whether in money or the bonds of said

counties.

for proposals

SEC. 14. On the day appointed by said advertisement, the Award of said Commissioners shall meet in the City of Sonora, and pub-contracts. licly open and compare all proposals, and shall award each contract to the lowest responsible bidder or bidders; provided, that proposals which the bonds of said counties will be received, the cash value of said bonds shall not be computed at a greater Bonds. discount than fifteen per cent.; provided, further, that no proposals shall be considered as the basis of any contract, unless accompanied by a written undertaking, in double the amount of the contract, guaranteed by two or more responsible sureties, conditioned for the faithful performance of the work, the sufficiency of which undertaking shall be determined by the said. Board of Commissioners.

SEC. 15. The said Commissioners, or either of them, shall Commissionnot be in any manner interested in any contracts which may be ers not to be awarded by this Board, under this Act; and any violation of contracts.

interested in

Pay of Com

missioners.

San Joaquin

issue

this section shall be deemed a misdemeanor, and shall be punished, upon conviction by any competent tribunal, by a fine of five hundred dollars, which said fine shall be paid into and form a part of the Road Fund of said counties for the construction of said road.

SEC. 16. Said Commissioners shall each receive five dollars per day, for each day's service actually rendered; provided, that no Commissioner shall receive, in the aggregate, a sum greater than two hundred dollars, to be paid out of the funds raised for the construction of said road.

SEC. 17. If, at any time within six months after the passage County may of this Act, the Board of Supervisors of the County of San Joaquin shall deem it expedient, they may order bonds of said county to be issued, to any amount, not to exceed fifteen thousand dollars; and said bonds shall be issued under, and be subject to, all the provisions and restrictions in this Act in relation to the bonds of the several counties mentioned in the first section thereof; and when such bonds shall issue, the said Board of Supervisors shall have power to appoint one Commissioner, to act with the Commissioners of the several counties herein before mentioned.

Tolls.

SEC. 18. The Board of Supervisors of such counties as assist in the construction of said road, shall have the power, and they are hereby authorized, to levy and collect tolls of all such persons, teams, and freight trains, passing over said road, as are not residents, or subject to the payment of taxes, in said counties, the rate of tolls to be fixed and agreed upon by the concurrent action of the Board of Supervisors of the several counties assisting in the construction of said road, under the provisions of this Act. Said tolls to be expended upon the road, and keeping up and repairing the same.

SEC. 19. This Act shall be in force and take effect from and after its passage.

CHAP. CCCXXV.—An Act to audit and allow the Claim of T. J. A.

Chambers.

[Approved April 25, 1862.]

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

SECTION 1. The claim of T. J. A. Chambers, amounting to eleven hundred and fifty-two dollars and twenty-five cents, for supplies furnished the State in eighteen hundred and fifty-one, is hereby audited and allowed.

CHAP. CCCXXVI.-An Act to provide for the Appointment of Notaries Public, and defining their Duties.

[Approved April 25, 1862.]

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

SECTION 1. The Governor shall have the power to appoint, Governor to and commission, twenty Notaries Public for the City and County appoint. of San Francisco; and thirteen Notaries Public for each of the Counties of Nevada, Sierra, Tuolumne, and Siskiyou; and thirteen Notaries Public for each of the Counties of El Dorado, Butte, and Calaveras; and for each of the Counties of San Joaquin, Placer, and Yuba, ten Notaries Public; and for each of the Counties of Mariposa, Napa, Sonoma, Amador, and Los Angeles, eight Notaries Public; for the County of Sacramento, ten Notaries Public; for the County of Santa Clara, eight Notaries Public, two of whom shall reside in Santa Clara Township, and one in Gilroy Township; for the County of Solano, six Notaries Public; and five Notaries Public for each of the other counties of this State; who shall hold office for the term of two years, and until their successors in office are appointed and qualified.

SEC. 2. Each Notary Public, before entering upon the duties oath. of his office, shall take the oath of office, which shall be indorsed on his commission, and shall enter into a bond to the Bond. State in the sum of five thousand dollars, with sureties to be approved by the County Judge of the county for which said Notary may be appointed.

SEC. 3. The bond, together with a certificate of the oath, shall be filed and recorded in the office of the County Clerk of such county.

Notaries.

SEC. 4. Notaries Public shall have authority to demand Authority of acceptance and payment of foreign and domestic bills of exchange, and to protest the same for non-acceptance and nonpayment, and to exercise such other powers and duties as by the laws of nations, and according to commercial usages, or by the law of any other State Government, or country, may be performed by Notaries Public.

SEC. 5. They may also demand acceptance of inland bills of exchange, and payment thereof, and of promissory notes, and may protest the same for non-payment or non-acceptance, as the case may require.

SEC. 6. Each Notary Public shall have power to take and to certify the acknowledgment, or proof, of powers of attorney, mortgages, deeds, and other instruments of writing, the acknowledgment of any conveyance, or other instrument of writing, executed by any married woman, and to give a certificate of such proof, or acknowledgment, which certificate shall be indorsed on the said deed, or other instrument, or attached thereto.

SEC. 7. Each Notary Public shall also have power and authority to take depositions, and to administer oaths and affirmations, in all matters incident or belonging to the duties of his

Duties.

Acts of Notary to be evidence.

Misconduct

Death, resignation, etc.

office, and to take affidavits, to be used before any Court, Judge, or officer, in this State.

Each Notary Public shall keep a fair record of all his official acts, done or performed by him under and by virtue of the authority conferred by sections four and five of this Act. SEC. 9. Each Notary Public shall also keep a fair record, wherein he shall enter the name or character of any instrument acknowledged or proved before him, as provided in section six of this Act, together with the date of the same, and the parties thereto, as the same appears therein.

SEC. 10. Each Notary Public shall provide a notarial seal, with which he shall authenticate all his official acts, on which seal shall be engraved the arms of this State, and the name of the county for which he is commissioned; which seal, together with the registers and official documents, shall not be liable to be seized on any execution. And in case of the death or removal of said Notary Public, the aforesaid register and official documents shall be lodged in the office of the County Recorder of his county, for the use of his successor in office.

SEC. 11. Each Notary Public, when required, shall give a certified copy of any record in his office, to any person, upon payment of the fees therefor; and any certificate, or instrument, either printed or written, purporting to be the official act of a Notary Public, and purporting to be under the seal and signature of such Notary Public, shall be received as prima facie evidence of the official character of such instrument, and of the truth of the facts therein set forth.

SEC. 12. The original protest of a Notary Public, under his hand and official seal, of any bill of exchange or promissory note, for non-acceptance or non-payment, stating the presentment by him of such bill of exchange or note for acceptance or payment, and the non-acceptance or non-payment thereof, and the service of notice on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to whom the same was given, and the post office nearest thereto, shall be prima facie evidence of the facts contained therein. The certificate of a Notary Public, drawn from his record, stating the protest and the facts therein contained, shall be evidence of the facts in the like manner as the original protest.

SEC. 13. For any misconduct or neglect of duty in any of the cases in which any Notary Public, appointed under the authority of this State, is authorized to act, either by the law of this State, or of any other State, Government, or country, or by the law of nations, or by commercial usage, he shall be liable on his official bond, to the parties injured thereby, for all the damages sustained. For any wilful violation or neglect of duty, any Notary Public shall be subject to criminal prosecution, and may be punished by fine not exceeding two thousand dollars, and removed from office.

SEC. 14. If any Notary Public die, resign, be disqualified, or remove from the county for which he is appointed, his records

and all his public papers shall, within thirty days, be delivered to the Recorder of the county, who shall deliver them to the successor of the said Notary, when qualified.

SEC. 15. When the term of office of any Notary Public ex- Expiration pires, and his successor is appointed and qualified, he shall of term. deliver his records and public papers to such successor, on de

mand.

SEC. 16. Any Notary Public having in his possession the rec- Certified ords and papers of his predecessor in office, may grant certifi- copies. cates, or give certified copies of such records and papers, in like manner and with the same effect as such predecessor or predecessors could have done.

SEC. 17. Each Notary Public shall receive such fees for his Fees. services as may be allowed by law.

SEC. 18. No person shall be appointed a Notary Public, under who eligible this Act, who is not, at the time of his appointment, an actual resident of, and elector in, the county for which he may be appointed.

SEC. 19. An Act concerning Notaries Public, approved April Acts thirtieth, eighteen hundred and fifty-seven, and the various Acts repealed. amendatory thereof, are hereby repealed; such repeal to take effect on the first day of May, eighteen hundred and sixty-two, on which day the officers appointed under said law shall deliver their records, and all their public papers, to the Recorder of the county for which they may have been appointed, to be delivered by him to the Notaries Public appointed under this Act.

SEC. 20. This Act shall take effect from and after its passage, excepting section nineteen, which shall take effect on the first day of May, eighteen hundred and sixty-two.

CHAP. CCCXXVII.-An Act appropriating Money to pay the Claim of Eugene Lies, for Translating State Documents.

[Approved April 26, 1862.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

tion.

SECTION 1. The sum of six hundred and fifty dollars is hereby Appropria appropriated, out of any money in the General Fund not otherwise appropriated, to pay the claim of Eugene Lies, for translating State documents; and the Controller of State is hereby authorized to draw his warrant in favor of the said Eugene Lies, for six hundred and fifty dollars, and the Treasurer of State to pay the same.