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Convey

ances.

CHAP. CCCCXXIII.-An Act to authorize and empower the Administratrix of Lucius R. Beckley to sell and convey, and to partition, certain Real Estate.

[Approved May 14, 1862.]

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

SECTION 1. Phebe Beckley, the Administratrix of the estate of Lucius R. Beckley, deceased, is hereby authorized and empowered to sell and convey, to any person or persons, for such sums as she may deem just and proper, all the right, title, interest, and claim, owned by said deceased in his lifetime, in and to all lands described in a deed of conveyance, executed on the third day of March, A. D. eighteen hundred and fifty-eight, to James H. Bullard, Lucius R. Beckley, Thomas A. Talbert, and Thomas Moore, and recorded in the Recorder's office of Sacramento County, in book fifth, at pages five hundred and thirtyeight, five hundred and thirty-nine, five hundred and forty, five hundred and forty-one, and five hundred and forty-two. The said Administratrix is likewise hereby empowered and authorized to make a full settlement, compromise, and adjustment, with William Muldrow, on account of all matters growing out of the execution of said deed, and may, after such adjustment, compromise, and settlement, convey to him, the said William Muldrow, or to his order, such proportion of said lands as may have been agreed and determined to be his due. And the said Administratrix is likewise authorized and empowered to join in deeds of partition with the other grantees named in said deed of conveyance, for the purpose of partitioning off all or any portion of said lands, so that the same may be held separately, instead of jointly or in common.

SEC. 2. The deeds to be executed as aforesaid shall be signed and acknowledged by said Administratrix as such Administratrix; and, before the same shall have any valid force or effect, such deed or deeds shall be presented to the Probate Judge of Sacramento County, for approval, who, if he approve the same, shall indorse upon the same such approval, after which the same may be recorded, and shall have the force and effect to pass all the right, title, claim, or interest, of said Lucius R. Beckley, held by him in his lifetime, and of his heirs at law since his decease, of, in, and to, the lands embraced in such deed or deeds. If the Probate Judge refuse to approve any deed executed by said Administratrix by virtue of this Act, the same shall be of no force whatever.

SEC. 3. All moneys realized from the sale of any lands, sold by virtue of this Act, shall be reported to the Probate Court, and applied and used in the due administration of the estate of said deceased.

SEC. 4. This Act shall be in force from and after its passage.

CHAP. CCCCXXIV.-An Act to amend an Act entitled an Act to provide for the Incorporation of Railroad Companies, and the Management of the Affairs thereof, and other matters relating thereto, approved May twentieth, A. D. eighteen hundred and sixty-one.

[Approved May 14, 1862.]

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

money, and

SECTION 1. Section fifteen of said Act is hereby amended so as to read as follows: Section 15. Such companies shall have power to borrow, Companies from time to time, on the credit of the corporation, and under may borrow such regulations and restrictions as the Directors thereof, by issue bonds. unanimous concurrence, may impose, such sums of money as they may deem necessary for constructing and completing their railroad, and to issue and dispose of bonds or promissory notes therefor, in denominations of not less than five hundred dollars, and at a rate of interest not exceeding ten per cent. per annum; and also, to issue bonds or promissory notes, of the denomination aforesaid, and at the rate of interest aforesaid, in payment of any debts or contracts for constructing and completing their road, with its equipments, and all else relative thereto; provided, however, that the amount of bonds, or promissory Limitation notes, issued by such companies, for the purposes aforesaid, of amount. shall not exceed, in all, the amount of their capital stock; and to secure the payment of said bonds or notes, may mortgage their corporate property and franchises. And the Directors of such companies shall also provide, in such manner as to them may seem best, a Sinking Fund, to be specially applied to the redemption of such bonds, on or before their maturity, and may also confer on any holder of any bond or note so issued, for money borrowed, or in payment of any debt or contract for the construction and equipment of such road, as aforesaid, the right to convert the principal due or owing thereon, into stock of such companies, at any time within eight years from the date of such bonds, under such regulations as the Directors may adopt.

SEC. 2. This Act shall take effect and be in force from and after its passage.

Section thirteen amended.

Directions

rectory only

CHAP. CCCCXXV.- An Act to amend an Act entitled an Act amendatory of and supplemental to an Act entitled an Act concerning the Construction and Repairs of Levees in the County of Sacramento, and the mode of raising Revenue therefor, approved April ninth, eighteen hundred and sixty-two, approved April twenty-six, eighteen hundred and sixty-two.

[Approved May 14, 1862.]

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

SECTION 1.

Section one of said Act is hereby amended so as to read as follows:

Section 1. Section thirteen of said Act is hereby amended so as to read as follows:

Section Thirteen. The directions in this Act given in regard to the manner of assessing, equalizing, and levying, the taxes, shall be deemed directory only, and the assessments, valuations, assessment roll, and delinquent list, in this Act provided for, are deemed di- hereby made valid and binding, both in law and equity, against the persons and property assessed, and the taxes levied shall become a lien upon the property assessed, upon the determination of the rate of taxation as herein provided, which lien shall not, in any manner whatever, be discharged until said taxes and costs, if any accrue, are paid; and all the officers who are required to render any service under the provisions of this Act, shall have and receive, for their own use, fifty per cent. of such compensation as is now allowed by law for similar services; provided, that the limitation of fifty per cent. shall not apply to the collection of delinquent taxes; and, provided, further, that the Treasurer shall receive but one half of one per cent. upon the disbursement of any revenues under the provisions of this Act; provided, still further, the Treasurer shall receive no other compensation whatsoever for any services required of him under any of the provisions of this Act.

Fees of officers.

Proviso.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCCCXXVI.-An Act to amend Section Three of an Act entitled an Act amendatory of and supplementary to an Act to establish, support, and regulate, Common Schools, and to repeal former Acts concerning the same, approved May third, eighteen hundred and fifty-five, so far as relates to the Counties of El Dorado and Contra

Costa.

[Approved May 14, 1862.]

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

SECTION 1. Section three of said Act is amended so as to read as follows:

Section third of said Act, amendatory of and supplementary

to an Act to establish, support, and regulate, Common Schools, and to repeal former Acts concerning the same, is amended so as to read as follows:

Officers not

ested in

Section 3. No Superintendent or Trustee of Common Schools shall be interested in any contract, let or made by any district to be interover or in which he has any official supervision or control, nor contracts. shall he be employed as teacher in any such district; and all contracts, agreements, and proceedings, in violation of this section, are declared void; and any Superintendent or Trustee of Common Schools, violating, or aiding in the violation of, the pro- Violation. visions of this section, shall be deemed guilty of a misdemeanor; provided, the restriction contained in this section, in regard to Proviso. teaching, shall not apply to the Superintendent of Common Schools of El Dorado and Contra Costa Counties.

SEC. 2.

This Act shall be in force from and after its passage.

CHAP. CCCCXXVII.-An Act to amend an Act entitled an Act to authorize the County of Placer to loan its Credit to the Sacramento, Placer, and Nevada Railroad Company, to the amount of One Hundred Thousand Dollars, approved April eighth, A. D. eighteen hundred and sixty-two.

[Approved May 14, 1862.]

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

SECTION 1. Section twenty-three of an Act entitled an Act to authorize the County of Placer to loan its Credit to the Sacramento, Placer, and Nevada Railroad Company, to the amount of One Hundred Thousand Dollars, is hereby amended so as to read as follows:

Section 23. The Board of Supervisors shall not issue the Issuance bonds of the county, as provided for in this Act, nor any portion of bonds, of the same, until at least twelve continuous miles of the Sacramento, Placer, and Nevada Railroad, commencing at or near Folsom, and extending on the line of said road toward the Town of Auburn, has been completed, and is in running order, and at least one train of passenger cars shall be daily passing over the same. No portion of the bonds which may be issued by the county, under the provisions of this Act, nor any portion of the proceeds of said bonds, shall be applied to the payment of the costs of constructing said first twelve miles of said road, or to the payment of any debts contracted by said company for the purpose of constructing the same; but said bonds and their proceeds shall be used by said company, solely and exclusively, in the continuation of said railroad, from the upper or eastern end of the first division of twelve miles, along the line of survey, in the direction of the Towns of Auburn and Illinoistown.

Redemption

of bonds.

CHAP. CCCCXXVIII.-An Act concerning the Redemption of County and City Bonds.

[Approved May 14, 1862.]

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

SECTION 1. That in all cases in which bonds, or other obligations, or contracts, for the payment of money, are issued by authority of law, by or in behalf of any county or city in this State, which are made payable on or before a certain date, or which have become due or payable, and when, by law, a sinking or other fund is provided for the payment or redemption of any part of such bonds, or other obligations, or contracts, and when such fund is in the hands of the proper officer, to make such payment or redemption, and when the proper officer has given the notice, required by law, that proposals would be received for the surrender, for redemption, or payment, of such bonds, or other obligations, or contracts, in cases where such notice is required to be given, and when, after the acceptance of the proposals, if any are made, in cases where proposals are required to be made, there still remains in such fund three thousand dollars, then the officer required by law to give the notice, as aforesaid, Publication shall forthwith give a notice, by publication once a week for four weeks, in a newspaper of general circulation, published in the City of San Francisco, also in a newspaper published in the county where such bonds, or other obligations, or contracts, are payable, if any is published therein, and if none is published therein, then by posting such notices at the Court House door, and in at least three public places in the said county, stating therein that the officer having charge of said fund will redeem or pay certain numbers of said bonds, or other obligations, or contracts, specifying the oldest outstanding ones, payable or redeemable out of said fund, in an amount not exceeding the sum in said fund; and if, upon the expiration of the time of the publication of said notices, the bonds, or other obligations, or contracts, described therein, shall not be presented for payment or redemption. the same shall thereupon cease to bear interest. When bonds SEC. 2. That upon the presentation of such bonds, or other decmed paid obligation or contract, as required in said notices, the same, and the interest thereon, if any accrued at the expiration of the time for publication of such notices, shall be paid; but if not so presented for payment or redemption within four years next after the time mentioned in such notices for the presentation thereof, then the same shall be deemed to be satisfied and paid, and no action shall be maintained thereon.

Notices.

Interest to cease.

Cancellation

SEC. 3. That upon such bond, or other obligation, or contract, being paid or redeemed, the officer paying or redeeming the same shall cancel the same, by writing the cancellation, signed by him, across the face thereof, and the same, after being registered, shall be destroyed, under the direction of the Board of Supervisors of the county, or of the city government of the city interested therein, except in case where other provision is

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