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do so, be considered as dedicating the land taken to public

use.

duties.

SEC. 2. It shall be the duty of the three Viewers provided Viewers' for in section one of this Act, upon being appointed, to proceed to lay out and locate the best route for the best public road that can be constructed between the City of Petaluma and Bloomfield, and to report their proceedings in the premises to the Board of Supervisors of said Sonoma County, on the first Monday of May, A. D. eighteen hundred and sixty-two. The said report shall also embrace the expense of the Viewers in the performance of their duties, the width of the road laid out, which shall not be less than sixty feet, and the amount of damage which, in their opinion, will be sustained by any person or persons through whose land the said road is located. The said Viewers shall, also, at the same time of laying out the road, inform the occupants or owners of the land through which the road is located, that they may appear before the Board of Supervisors, at Santa Rosa, on the first Monday of May, A. D. eighteen hundred and sixty-two, and make application for such damages as they claim by reason of the location of the route through their land.

duties.

SEC. 3. It shall be the duty of the Board of Supervisors of Supervisors' Sonoma County, to meet at the county seat of said county, on the first Monday of May, A. D. eighteen hundred and sixty-two, and upon the receipt of the report of the Viewers appointed in accordance with section one of this Act, to declare the route, as located by the Viewers thereof, a public road. The said Board of Supervisors, at the same time, shall, upon any person or persons making known his or their claim for damages. by reason of the road being located through their land, consider the same, and all such damages as to them may seem just and proper.

SEC. 4.

Damages.

All persons who claim damages, by reason of the location of the road aforesaid, shall, on the first Monday in May, A. D. eighteen hundred and sixty-two, make application, for the allowance of the same, to the Board of Supervisors of said Sonoma County, and failing to do so, they shall be considered as waiving all rights to damages, and as dedicating the lands affected by the location of such road to the public use, as a highway, and their failing so to do, shall forever be a bar to any action for damages in any of the Courts in this State; provided, Proviso. that if any owner of any portion of the land through which the road runs, shall not have received notice, as provided in this Act, then he or they shall be allowed one month, after the road is declared a public road, in which to file his claim with the Clerk of the Board of Supervisors, which shall be passed upon by the said Board at its first regular meeting thereafter.

SEC. 5. All expenses of viewing and laying out the road, to- Costs of gether with all damages that are or may be allowed by the views, etc. Board of Supervisors, shall be paid by said Board ordering the County Auditor of Sonoma County to draw his warrants on the County Treasurer of said county, in favor of the several claimants, for such amount as such Board of Supervisors shall allow, payable out of the General Fund of the county.

SEC. 6. Nothing in this Act shall be construed so as to inter

fere with the operation of the Road Law, approved February twenty-second, eighteen hundred and sixty, entitled an Act concerning Roads and Highways in the Counties of Humboldt, Napa, Siskiyou, and Sonoma, except as to the road between the points herein before mentioned, viz: The City of Petaluma, and the Town of Bloomfield, and in respect to the road between its points last mentioned. This Act shall have full force and effect, and all Acts, and parts of Acts, in conflict with this Act, are hereby repealed, as far as they interfere with the operation of this Act, and no further.

SEC. 7. This Act shall go into effect immediately after its passage.

Appropriation.

CHAP. XCIX.-An Act to pay the Claim of Wm. P. Mitchner.
[Approved March 27, 1862.]

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

SECTION 1. The sum of four thousand and seventy-two dollars and fifty-one cents is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the claim of William P. Mitchner, for material furnished, and labor done, in fitting up the Supreme Court room, and the Controller of State is hereby authorized and directed to draw a warrant for the same, in favor of said William P. Mitchner.

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

Salary.

CHAP. C.-An Act to provide for the payment of the Salary of the
County Judge of Sacramento County.

[Approved March 27, 1862.]

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

SECTION 1. From and after the expiration of the term of office of the present incumbent, the County Judge of Sacramento County shall receive a salary of three thousand five hundred dollars per annum, payable monthly, from the Salary Fund of said County of Sacramento, as provided by law.

SEC. 2. This Act shall take effect from and after its passage, and such portions of any Act as conflict with its provisions are hereby repealed.

CHAP. CI.-An Act to correct a Clerical Error in an Act entitled an Act to transfer certain Funds, passed March eleventh, eighteen hundred and sixty-two.

[Approved March 27, 1862.]

WHEREAS, A clerical error exists in the third section of the law
above recited, which defeats one of the principal objects of
said law, therefore,

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

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

Section 3. This Act shall take effect and be in force from section and after its passage, and all other Acts, and parts of Acts, in amended. conflict with this Act, are hereby repealed in so far as they conflict with this Act; provided, that so much of the Act of May seventeenth, eighteen hundred and sixty-one, entitled an Act to provide Revenue for the Support of the Government of this State, or of any other Act authorizing the Controller and Treasurer to anticipate, by draft or order, the settlement of any County Treasurer, or to draw any State money out of any County Treasurer's possession, is hereby suspended until the second Monday of August, eighteen hundred and sixty-two.

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

CHAP. CII.-An Act to authorize the Executors of the will of John Wilson, late of San Luis Obispo County, deceased, to sell personal property, to pay debts, discharge the current expenses attendant upon the Administration of his Estate, and to support Testator's family.

[Approved March 27, 1862.]

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

SECTION 1. Runaldo Pacheco, and Mariana Pacheco, Executors of the last will and testament of John Wilson, late of San Luis Obispo County, deceased, are hereby authorized to sell, either at private sale, or at public auction, as may be deemed by them most advantageous to the estate of the testator, so much of the personal property of said estate, as will be sufficient to pay the debts lawfully chargeable against said estate, and also to pay the necessary current liabilities incurred in its management, and in the maintenance of testator's family.

Sale.

Executors.

SEC. 2. The said Executors shall, from time to time, as they Duties of may effect such sales, and at, or before, the term next following such sale or sales, report the same to the Probate Court of San Luis Obispo County, for consideration and approval. Such report or reports shall state what particular personal property of said estate may have been sold, the manner of sale, whether

at private sale or at public auction, to whom made, and the
prices obtained. And if the Court, or the Judge thereof in va-
cation, shall be satisfied that such sale or sales has or have been
fair, an order shall be made by said Court or Judge approving
the same. And it shall be the further duty of said Executors,
within ninety days after any sale or sales have been made and
approved, as contemplated by this Act, also to make report to
said Court of what disposition has been made of the proceeds
of such sales; and if the Court, at its next or any term follow-
ing such report, shall be satisfied that such proceeds have been
faithfully applied by said Executors to the uses in this Act, then
an order shall be entered in the records of the Court, express-
ing such approval.

..4

CHAP. CIII.-An Act to fix the Salary of the County Judge of
the County of Santa Cruz.

[Approved March 27, 1862.]

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

SECTION 1. The salary of the County Judge of the County
of Santa Cruz shall be one thousand dollars per annum.

SEC. 2. This Act shall take effect from and after the expiration of the term of the present incumbent.

Acts declared unlawful.

Same.

CHAP. CIV. An Act amendatory of and supplementary to an Act
for the Preservation of Trout.

[Approved March 27, 1862.]

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

SECTION 1. Section first of an Act entitled an Act for the
Preservation and Protection of Trout, approved April seven-
teenth, eighteen hundred and sixty-one, is hereby amended so
as to read as follows:

Section 1. It shall not be lawful for any person or persons to cast, draw, or make use of, any seine or net, hook and line, or other appliances, for the purpose of catching trout in any of the streams, rivers, or lakes, in this State, except in the Counties of El Dorado, Placer, Nevada, Sierra, and Plumas, during the time intervening between the twentieth of October of each year, and the first day of April of the following year.

SEC. 2. It shall not be lawful for any person or persons to catch or kill trout in any of the streams, lakes, or parts of lakes, or other waters, lying within the boundaries of the Counties of El Dorado, Placer, Nevada, Sierra, and Plumas, in this State,

with any seine, or other net, or any spear, weir fence, basket, trap, or other implement or appliance, except a hook and line, at any time between the months of February and July of each year; and it shall not be lawful for any person or persons to catch or kill trout in any of the streams and lakes in the counties before mentioned, by the use of any gill-net, or set-net, or any poisonous, deleterious, or stupefying drug, or other substance, at any time.

Act.

SEC. 3. Any person who shall violate the provisions of the Violation of foregoing sections of this Act, shall, on conviction, be fined in any sum not less than fifty dollars nor more than two hundred dollars, with costs in addition; one half the fine in each case to be paid to the informer, should he demand the same, and the other half to be paid into the Common School Fund of the county in which suit shall be brought, and in case the one half of such fine shall not be demanded, the whole amount of the fine recovered shall be paid into the said fund; and in case Penalty. default be made in the payment of such fine, the person or persons so convicted, shall be imprisoned not less than twenty-five nor more than ninety days.

SEC. 4. Nothing in this Act shall be construed to prohibit or Indians not prevent Indians from taking trout in any of the streams or prohibited. lakes of this State, at any time, in the same manner, and by the same means, heretofore usually used or employed by them.

SEC. 5. This Act shall take effect from and after the first day of March, eighteen hundred and sixty-two.

CHAP. CV.-An Act to provide for the Election of a Superintendent of Common Schools in the County of San Mateo.

[Approved March 27, 1862.]

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

SECTION 1. At the next election for the members of the As- Election. sembly, there shall be elected, by the qualified voters of the County of San Mateo, in the same manner as other county officers are elected, a suitable and competent person, as Superintendent of Common Schools, who shall hold his office for the term of two years, and until his successor is elected and qualified. In case of a vacancy in said office, the Board of Supervisors of said county may, at any regular meeting thereof, make an appointment for the unexpired term.

SEC. 2. The compensation of said Superintendent shall be three hundred dollars per annum, and shall not be changed during the term. The amount so fixed shall be audited and paid in the same manner, and out of the same fund, as other salaries in said county.

Salary.

SEC. 3. Within five days after the election of said Superin- Bond. tendent, the County Clerk of said county shall notify the person so elected, and within ten days after such notice the said

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