Election. Supervisors to canvass returns. Duties of Residence of county officers. CHAP. XCI.-An Act to submit the Location of the County Seat of [Approved March 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. At the next general election, to be held in September, A. D. one thousand eight hundred and sixty-two, the qualified electors of Stanislaus County are hereby authorized to vote upon the question of locating the county seat of said county. The qualified voters of said county are authorized to vote such ballots as shall express their preference. SEC. 2. On the second Monday after the general election, A. D. one thousand eight hundred and sixty-two, the Board of Supervisors of said county shall meet at La Grange, the county seat of said county, to canvass the election returns, and the place, town, or village, in said county, having received a majority of all the legal votes cast, shall, from and after the second Monday after the said general election, be the County Seat and Seat of Justice of Stanislaus County. SEC. 3. If it shall appear, from the election returns, being duly canvassed by said Board, that any place, town, or village, in said county, other than La Grange, has received the majority of votes for county seat, the said Board shall, at said meeting, provide for the removal of the county records and archives to such place, town, or village; and the said Board shall also provide for the safe keeping of said records and archives; and all expenses incurred in making the removal, and providing for their safe keeping, shall be a county charge. SEC. 4. From and after the second Monday after the general election, A. D. one thousand eight hundred and sixty-two, it shall be the duty of the various county officers, whose duty it is to reside at the county seat, to keep and hold their various county offices at the place, town, or village, in said county, having received the majority of legal votes for such county seat at said general election. CHAP. XCII.-An Act to authorize the Officers of Visalia Lodge, [Approved March 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Worshipful Master, Senior and Junior Wardens of Visalia Lodge, Number One Hundred and Twenty-Eight, of Free and Accepted Masons, are hereby authorized to sell and convey all the title and interest belonging to said Lodge in and to the following described property, situated in the Town of Vi salia, in the County of Tulare, and described as follows, to wit: Beginning at the northeast corner of lot number one, in block number thirty-three, in said Town of Visalia, according to the recorded plat of said town, thence south fifty-six feet, thence west forty-eight feet, thence north fifty-six feet, thence east forty-eight feet, to the place of beginning, including the Lodge building, and furniture thereunto belonging, or any portion thereof, for the purpose of discharging mortgages and other liabilities. of said Lodge. SEC. 2. This Act to take effect and be in force from and after its passage. CHAP. XCIII.-An Act to pay the Board of Managers of the State and Blind. [Approved March 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. The sum of one thousand four hundred and forty- Appropria seven dollars and ninety-four cents is hereby appropriated out tion. of any moneys in the General Fund, not otherwise appropriated. for the payment of the claim of the Board of Managers of the State Institution for the Care and Education of the Indigent Deaf, Dumb, and Blind, for the quarterly allowance for the quarter ending June thirtieth, eighteen hundred and sixty-one, as authorized by the Legislature of the State of California, passed March twenty-ninth, eighteen hundred and sixty-one, and the Controller of State is hereby authorized to draw his warrant upon the Treasurer of State, for the same. CHAP. XCIV.-An Act concerning the Sale of certain School Lands in Tulare County. [Approved March 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Tulare County are hereby authorized to cancel and discharge a certain bond, entered into by J. D. P. Thompson, and his sureties, for the purchase money of the following described lot, or parcel, of school lands, situated in said county, the same having been sold at public auction, to said Thompson, on the twelfth day of March, one thousand eight hundred and sixty, to wit: the west half of the southeast quarter of section number sixteen, in Township Number Eighteen south, and Range Number Twenty-Six east, of Mount Diablo base and meridian, containing eighty acres; and the said Board of Supervisors are hereby authorized to sell and convey said tract of land, at private sale, to said Thompson, or his assigns, at such price as the said Board of Supervisors may determine, which shall not be less than five dollars per acre, and to take a bond and security for the payment of the same, as required by law in other cases. SEC. 2. This Act to take effect and be in force from and after its passage. Liens, etc. Court may order holders CHAP. XCV.-An Act to amend an Act entitled an Act to regulale Proceedings in Civil Cases in the Courts of Justice in this State, passed April twenty-ninth, eighteen hundred and fifty-one. [Approved March 25, 1862.] The People of the State of California, represented in Senate and SECTION 1. Section two hundred and seventy-three of said Section 273. If it shall appear to the Court, by the certificate of the County Recorder, or County Clerk, or by the sworn or verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property, or any part or portion thereof, which existed and were of record at the time of the commencement of said action, and the persons holding such liens are not made parties to the action, the Court shall either to be made order such persons to be made parties to the action, by an amendment or supplemental complaint, or appoint a Referee to ascertain whether or not such liens or encumbrances have been paid, or if not paid, what amount remains due thereon, and their order among the liens or encumbrances severally held by the said persons and the parties to the said action, and whether the amount remaining due thereon has been secured in any manner, and if secured, the nature and extent of the security. SEC. 2. Section two hundred and seventy-two of said Act is hereby repealed. parties to action. Duties of Clerk. SEC. 3. Section five hundred and nine of said Act is hereby amended so as to read as follows: Section 509. On the commencement of an action, the plaintiff, and on the filing of notice of appeal from a final judgment, the appellant, shall pay to the Clerk three dollars, to be applied to the payment of the salary of the Judge of the Court in which the payment is made. Each Clerk shall keep a true and accurate account of all moneys so received, and shall pay over the same at the end of each month to the Judge of such Court, taking duplicate receipts for each payment, one of which shall be filed by the said Clerk, in his office. On the first day of each month, the said Clerk shall deliver to the Treasurer of the county an account of all sums received, specifying the cases in which received, and of all sums paid out. At the same time, a like account shall be made out and forwarded, by such Clerk, to the Controller of State, of the sums paid in to the respective Courts, and of the sums paid out, with the other receipts of said Judge therefor. It shall be the duty of the District Attorney, at the commencement of each month, to examine the books of said Clerk, and if found correct, he shall make and execute a certificate to such Controller, to that effect. In paying the salary of any of the said Judges, the Controller shall deduct the amount paid to such Judge, as shown by the receipt of such Judge. CHAP. XCVI.-An Act to authorize the Construction of a Wharf at The People of the State of California, represented in Senate and SECTION 1. The right to erect and maintain a wharf on the Franchise. southerly bank of the San Joaquin River, at a point not exceeding one mile from the town of Antioch-provided, that grantees, within six months from and after the passage of this Act, select such a place at a distance of not less than two hundred feet on either side of a place to be selected for the construction of a wharf by the Pittsburg Railroad Company, and file a description of such selection with the County Recorder of the County of Contra Costa, within thirty days after such selection; provided, that if no such selection is made, and a description filed with such County Recorder, within the time specified, this Act shall be void; and, provided, that when such selection shall have been made, the Legislature of this State may grant the right to construct wharves anywhere outside of two hundred feet on either side of any wharf that may be constructed under the authority of this Act, said wharf not to exceed five hundred feet in length, and one hundred feet in width-is hereby granted to William W. Greenhood, Joseph Newbaur, E. L. Goldstein, Stephen B. Whipple, Albert Whipple, Joseph Nougues, and associates; provided, said grantees shall, within one year after the passage of this Act, commence, and within two years after the passage of this Act, complete, said wharf, in a good and substantial manner. SEC. 2. Said wharf shall not obstruct the navigation of the San Joaquin River, and all the rights and privileges granted by this Act shall cease at the expiration of fifty years from the date of the passage of this Act. SEC. 3. This Act to take effect from and after its passage. 12 CHAP. XCVII.-An Act to prohibit the keeping open of Markets, and the vending of Meats, Game, Vegetables, or other market products, in the City and County of San Francisco, on the Sabbath Day. [Approved March 27, 1862.] The People of the State of California, represented in Senate and SECTION 1. It shall not be lawful for any market place, or stall, for the sale of meats, game, vegetables, or other market products, in the City of San Francisco, to be kept open on the first day of the week, usually known as Sunday; nor shall any meats, game, vegetables, or other market products, be sold on Sunday, at any such stall or market, nor from carts, wagons, or otherwise, in said City and County of San Francisco. SEC. 2. If any person who owns, keeps, or attends, any such stall, or market, or vends such meats, game, vegetables, or other market products, from carts, wagons, or otherwise, either in his own right, or as agent, or servant, for another, shall violate the provisions of this Act, he shall, for every such offence, be deemed guilty of a misdemeanor, and shall be punished by a fine of fifty dollars, for each and every offence, to be recovered as other fines for misdemeanor are recoverable by law, and by imprisonment until fine is paid. SEC. 3. All Acts inconsistent with the provisions of this Act are hereby repealed. SEC. 4. This Act shall take effect at the expiration of fifteen days next after its passage. Powers and CHAP. XCVIII.—An Act providing for the Construction of a Public [Approved March 27, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors in and for the County of Sonoma, are hereby authorized and empowered, and it is made their duty, to meet, at the county seat of said Sonoma County, on the first Monday of April, A. D. eighteen hundred and sixty-two, at which time and place they shall proceed to appoint three Viewers, to lay out and locate a route for a public road, between the City of Petaluma and the Town of Bloomfield, in said county. The said Board of Supervisors shall, at the same time, cause a notice to be published in one or more papers printed in said county, calling upon all persons, through whose land said route may be located, to appear at Santa Rosa, in said county, on the first Monday of May, A. D. eighteen hundred and sixty-two, and make known the damage, if any, which they claim, by reason of the location of said road, or, failing to |