annum for his services under this Act, but no other compensation. SEC. 2. Section one of an Act entitled an Act supplementary Section to and amendatory of an Act entitled an Act to authorize the repealed. funding of the unfunded debt of the City of San José, and to provide for the payment of the same, approved April twentyfirst, eighteen hundred and fifty-eight, approved March seventh, eighteen hundred and fifty-nine, is hereby repealed. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CXLIII.-An Act to amend an Act entitled an Act concerning the Office of Surveyor-General, passed April seventeenth, eighteen hundred and fifty. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of the above entitled Act is hereby amended so as to read as follows: Section 1. The Surveyor-General shall reside and keep his official office at the seat of government, which office shall be open for residence. the transaction of business every day in the year, except Sundays, New Year's Day, Fourth of July, Christmas Day, Thanksgiving Day, and the days on which the General Election and Special Judicial Elections are held, from the hour of ten o'clock in the forenoon to the hour of four o'clock in the afternoon. He shall not leave the State, except in the performance of his official duties, without leave of absence from the Legislature. SEC. 2. Section nine of said Act is hereby amended so as to read as follows: Section 9. He shall deliver to the Governor, annually, on or Duties of. before the first Monday of November, his report, which shall contain: First-An accurate statement of the progress he may have made in the execution of the surveys enjoined on him by law. Second-Plans and suggestions for the improvement of the internal navigation of the State, and for the construction and improvement of roads, turnpikes, railroads, canals, and aqueducts; also, plans and suggestions for the planting, preservation, and increase of forests of timber trees, for draining of marshes, prevention of overflows, and the irrigation of arable lands by means of reservoirs, canals, artesian wells, or other wise. Third-An estimate of the aggregate quantity of land belonging to the State, and the best information he may be able to obtain as to the characteristics of the same. Fourth-An estimate of the aggregate quantity of all land used for or adapted to tillage and grazing within this State, and each county of the State, together with the county within which the same may be located. Duties of. Office hours. Fifth-An estimate of the aggregate number of horses, sheep, and swine within the State, and each county of the State. Sixth-An estimate of the aggregate quantity of rye, maize, potatoes, grapes, and other agricultural productions of the preceding year, together with his views as to the presence, cause, and remedy of any diseases or other malady preventing full and perfect productions. Seventh-An estimate of the aggregate quantity of all mineral lands within the State, and each county of the State, and the quantity and value of each mineral produced during the preced-. ing year, together with a description of the localities in which such minerals may be found. Eighth-All facts which may be within his personal knowledge, or which he may learn from reliable sources, and which may, in his opinion, be calculated to promote the full development of the resources of the State. SEC. 3. Section twelve of the above entitled Act is hereby amended so as to read as follows: Section 12. The Surveyor-General shall, annually, on or before the third Monday of October, deliver to the Controller an estimate, with specifications, of the necessary expenditures of his office during the succeeding year. Appropriation. Board of their powers. CHAP. CXLIV.-An Act to authorize an appropriation of Money [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. The sum of two thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, to carry out the purposes of this Act, and the State Controller is hereby directed to draw his warrants in favor of such persons whose accounts the Board of Trustees hereinafter named shall audit and allow, not to exceed the sum hereby appropriated, and the Treasurer of State is hereby required to pay the same. SEC. 2. Hon. T. N. Machin, Dr. A. B. Nixon, and James Trustees and McDonald, are hereby constituted and appointed a Board of Trustees to take care of the State Burying Grounds, and to see that the same is appropriately laid out and ornamented. Said Trustees are empowered to contract for and cause to be placed over the grave of Hon. Thomas Campbell, deceased, a suitable monument, having engraved thereon an appropriate inscription; provided, the cost of the same shall be within the appropriation made by this Act. SEC. 3. All Acts and parts of Acts inconsistent with this Act are hereby repealed. SEC. 4. This Act shall take effect from and after its passage. CHAP. CXLV.—An Act supplemental to an Act entitled an Act to provide for the construction of a Wagon Road by the Board of Supervisors of Tehama County, approved January twenty-seventh, eighteen hundred and sixty-three. [Approved April 6, 1863.] The People of the State of California, represented in Senate and declared a SECTION 1. The road now travelled by the public from the Certain road eastern landing of the "Red Bluffs Ferry," in Tehama County, public up the bank of the Sacramento River, and in a northerly direc- highway. tion, for a distance of about four miles, to the residence of J. D. Bacon, and thence, on the route adopted for the construction of the wagon road authorized under the provisions of an Act to provide for the construction of a wagon road by the Board of Supervisors of Tehama County, approved January twentyseventh, eighteen hundred and sixty-three, from said Ferry to the eastern termination of said road, is hereby declared to be a public highway; provided, that in cases where the adopted Proviso. route of said wagon road shall be altered by the Surveyors, so as to pass through the inclosure of any person, on lands owned by such person, or held by virtue of a compliance with the laws of this State concerning possessory claims, or of the laws of the United States concerning pre-emptions, then the said wagon road, to the extent of such alteration, shall become a public highway after proceedings had by the Board of Supervisors, in the manner provided by law for the location of public highways. SEC. 2. Any person or persons, body politic or corporate, Damage to who shall obstruct or damage, or cause to be obstructed or dam- highway. aged, the public highway mentioned in section one of this Act, by digging or ploughing in it, or by felling any tree, or by building any fence, or placing or creating any other obstruction therein, or damming, digging, or deepening any stream, or its banks, so as to damage or destroy any ford or crossing on the line of said highway, shall be deemed guilty of a misdemeanor; and it shall be the duty of the Road Master of the District in which such obstruction or damage may be, to prosecute for such offence, on the part of the county; or if such Road Master shall fail or neglect for the space of five days, then any citizen of the county may prosecute the same. Such prosecution shall be by criminal process in the name of The People of the State of California, in any Court of competent jurisdiction, and the party or parties found guilty of violating any of the preceding provisions of this section shall, upon conviction, be fined in any sum not less penalty. than two hundred nor more than one thousand dollars, or imprisonment in the County Jail not more than one year, or by both such fine and imprisonment, and shall be liable upon further suit or suits in the name of the county, to pay the sum of twenty-five dollars for each and every day that such obstruction or damage may remain, with costs, to be prosecuted in any court of competent jurisdiction by the Road Master of the District in which such obstruction or damage may be; and if such Road Master shall fail or neglect for five days or more to prosecute, then any citizen of the county may so prosecute said suit or suits. All moneys collected under this section shall be paid into the County Treasury to be used by the Road Master towards keeping said highway in repairs. SEC. 3. The Board of Supervisors of Tehama County are hereby authorized, in their discretion, to levy and cause to be collected such low rates of toll on said wagon road as they may deem expedient and for the interests of said county, and all the moneys so collected shall be expended in repairs on said road. SEC. 4. This Act shall take effect and be in force from and after its passage. Election of and term of Road tax receipts. CHAP. CXLVI.-An Act to amend an Act entitled an Act in relation to Public Roads in the County of Calaveras, and to the Road Fund of said county, approved April tenth, Anno Domini eighteen hundred and sixty-two. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section two of an Act entitled an Act in relation to public roads in the County of Calaveras, and to the Road Fund of said county, approved April tenth, Anno Domini eighteen hundred and sixty-two, is hereby amended so as to read as follows: Section 2. At the next general election, and at each general election thereafter, there shall be elected in each township in the County of Calaveras, a Road Overseer, who shall qualify and enter upon the duties of his office on the first Monday of January following his election, and shall hold his office two years from the date of his qualification. SEC. 2. follows: Section five of said Act is amended so as to read as Section 5. The Board of Supervisors shall cause to be printed, each year, as many road tax receipts as may be necessary for the use of the county. Each receipt for the current year shall be for the sum of three dollars, and shall be signed by the Chairman of the Board of Supervisors and County Auditor, and shall contain a blank for the signature of the Road Overseer. The receipts shall be numbered consecutively. The County Auditor shall open an account with each Road Overseer, charging him with such receipts as he shall receive, and crediting him with the money paid into the County Treasury, and with the blank receipts returned. SEC. 3. Section seven of said Act is amended so as to read as follows: Section 7. It shall be the duty of each Road Overseer to Duty of procure from the Auditor road tax receipts, and he shall de- Overseers. mand and collect from each person in his township liable to pay road tax, the sum of three dollars for the current year. Upon the payment of this sum he shall give such person a road tax receipt, writing thereon, with ink, the date of payment and the name of the person paying the same, and sign his own name thereto. If any person liable to pay such road tax shall fail or refuse to pay the same upon demand, the Road Overseer may enforce the collection thereof in the same manner in all respects as is provided for the collection of poll taxes by sections sixty-six and sixty-seven of an Act entitled an Act to provide revenue for the support of the government of this State. Each Road Overseer shall keep a list of the names of all persons of whom he makes a demand of such tax. SEC. 4. Section nine of said Act is amended so as to read as follows: Section 9. The making such settlement as provided in the same. foregoing section, the Road Overseer shall file with the Auditor his report, which report shall have been subscribed and sworn to by him before some officer authorized to administer oaths and affirmations. Said report shall contain a detailed statement of the business of his office during the preceding three months, of the names of those persons who have paid road tax, and the names of those persons who have not paid such tax, with the names of the delinquents marked so as to be known and distinguished from those who have paid, the number of days work, of eight hours per day, he has performed labor personally on roads or bridges in his township, and also the number and nature of contracts entered into by him for building, repairing, and keeping in repair the roads and bridges in said. township, together with the names of the contractors, and the amounts to be paid for each service so performed by them; he shall also file a duplicate of said report, similarly sworn to, with the Clerk of the Board of Supervisors, and both reports shall be open to public inspection. SEC. 5. Section eleven of said Act is amended so as to read as follows: Section 11. The Road Overseer may, with the consent of the Contracts for Board of Supervisors, make contracts for the purchase of lum- lumber, etc. ber, or other material, for building bridges or culverts, for grading roads, or any other necessary work upon the highways within his township. He may, also, with the consent of the Board of Supervisors, make contracts for the repair and keeping in repair of any public road, or section of such road, within his township; provided, such contracts shall be awarded to the Proviso. lowest responsible bidder, after notice for proposals have been posted in three public places in the township for the term of ten days; and, provided, further, that said contracts shall not be so made nor indebtedness created unless there be money in the Road Fund to pay the same. All payments for the fulfil |