CHAP. CLII.-An Act to prevent the use of Phosphorus for Poisoning Vermin, or any Animals, in certain counties of this State, between the first day of March and the first day of November in each year. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. It shall not be lawful for any owner or occupant use of land, or any other person or persons, in the Counties of Santa prohibited. Clara, Contra Costa, San Joaquin, Santa Cruz, and San Mateo, to use, expose, or distribute, in any manner or way whatsoever, phosphorus, for the killing or extermination of vermin, squirrels, gophers, or any other animal or animals, or for any other purpose, on any land, ground, open field, or inclosure, whether occupied by him, or belonging to him, or otherwise, between the first day of March and the first day of November in each year. SEC. 2. Any person or persons offending against either of Penalties. the provisions of section one of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof before a Justice of the Peace, shall be fined for each offence in any sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the County Jail for any term not less than thirty days nor more than six months, or by both such fine and imprisonment. SEC. 3. All fines collected under and by virtue of this Act shall be paid into the County Treasury, and shall be appropriated to the County School Fund, and shall not be used for any other purpose. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAP. CLIII.-An Act to amend an Act entitled an Act to authorize the Board of Supervisors of Amador County to lery a Special Tax and create a Redemption Fund for the payment of outstanding Road Warrants in said county, approved March fifth, eighteen hundred and sixty-two. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. The Board of Supervisors of the County of Ama- Tax. dor are authorized to levy a special tax within thirty days after the passage of this Act, and annually thereafter, in addition to other taxes provided for by law, upon all the taxable property in said county, of not less than ten nor more than twenty cents on the one hundred dollars, and said tax shall be assessed and collected at the same time and in the same manner as other taxes are assessed and collected in said county. SEC. 2. This Act shall be in force from and after its passage. Tax. Collection. CHAP. CLIV.—An Act to empower the Board of Trustees of the City of Petaluma to levy a Special Tax for the benefit of the Fire Department of said city. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Trustees of the City of Petaluma is hereby authorized and empowered to levy and collect a special tax for the fiscal year ending May first, eighteen hundred and sixty-four, upon all property in said city subject to taxation, which tax shall not exceed one half of one per cent of the assessed value of said taxable property, and the said tax shall be in addition to the tax which the said Board is now authorized to levy and collect, and shall be based on the assessment roll of said city for the fiscal year ending May first, eighteen hundred and sixty-four. SEC. 2. Said tax shall be collected and enforced in all respects as other taxes levied by said Board are provided to be collected and enforced, and the moneys raised by said tax shall be expended by said Board exclusively for the purchase of a hand fire engine for the use of the Fire Department of the said City of Petaluma. SEC. 3. This Act shall take effect from and after its passage. Association created. CHAP. CLV.-An Act to protect certain parties in and to a Railroad Survey, to connect Portland, Oregon, with Marysville, California. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. That H. Fellows, William Gwynn, H. Gooding, Woodruff, W. H. Hartwell, A. G. Randal, W. M. Bell, A. W. Wilbur, J. McQuin, Hochstadter & Brother, J. S. Barman, E. C. Ross, I. Eckert, J. B. McDonald, E. M. Wright, J. W. Talbert, Charles Scholl, A. Suss, S. R. Rosenthal, J. H. Wright, H. Videau, H. S. Hoblitzell, T. & L. McGuire, H. Barnett, R. R. Merrill, S. P. Semper, P. Carr, B. Bigelow, E. Hamilton, C. Schwartz & Company, J. D. Blanchar, J. B. Emmel, H. K. Mitchell, and all persons who shall or may be associated with them, and their successors, are hereby created an association for the purpose of demonstrating the practicability, by survey, for a line of railroad from Marysville, California, to Portland, Ore gon. SEC. 2. The right of way is hereby given and granted over Right of and through any of the Swamp or Overflowed Lands belonging way granted. to this State, or any other public lands which are now or which may become the property of the State; and said parties named in the first section of this bill, are hereby authorized to enter upon all public lands belonging to this State, for the purpose of surveying and marking through the same; provided, this section Proviso. shall be of no force in case the parties named in the first section of this bill shall fail to perfect an organization on or before the first day of July, eighteen hundred and sixty-five, under the provisions of an Act to provide for the incorporation of railroad companies in this State, approved May twentieth, eighteen hundred and sixty-one. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CLVI.-An Act to amend an Act entitled an Act to establish the Industrial School Department of the City and County of San Francisco, approved the fifteenth day of April, A. D. eighteen hundred and fifty-eight. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section nine of said Act is hereby amended so as to read as follows: Section 9. For the care and maintenance of the children, and Duty of the salaries of the Superintendent and Assistants connected with Auditor. said Industrial School, the Auditor of the City and County of San Francisco is hereby anthorized and required to audit all the bills allowed and ordered paid by the Board of Managers, not exceeding the sum of one thousand dollars per month, and the Treasurer of said City and County of San Francisco is hereby authorized and required to pay the same so allowed and audited out of the General Fund of the City and County of San Francisco; also, said Auditor shall audit, and said Treasurer shall pay out of the School Fund of said city and county, such sum or sums, not exceeding two hundred dollars per month, as the Board of Managers may order paid for salaries of Teachers in said Industrial School. Addition to school building. SEC. 2. Said Board of Managers are hereby authorised and empowered to allow and order paid from the Treasury of the City and County of San Francisco a sum not exceeding eight thousand dollars, for the erection and furnishing of an addition to the present Industrial School building, and the Auditor of said city and county is hereby directed to audit, and the Treasurer to pay from the General Fund of said City and County, the sum or sums authorized to be paid by this Act. Fees of Clerk of District Court. CHAP. CLVII.-An Act to regulate the Fees of the County Clerk of El Dorado County in Civil Cuses. [Approved April 6, 1863.] The People of the State of California, represented in Senate and SECTION 1. The County Clerk of El Dorado County may lawfully charge, demand, and receive, in advance, for his services rendered in discharging the duties imposed on him by law in civil cases, such fees as are provided in this Act, and no more. FEES OF THE CLERK OF THE DISTRICT COURT. SEC. 2. The Clerk of the District Court shall receive for all services performed by him, in any action or proceeding in which an attachment, injunction, or other provisional remedy is sought, before trial, including judgment by default, and the entering up of the same, the sum of nine dollars, to be paid by the plaintiff at the time of filing the complaint, and the further sum of three dollars, to be paid by the defendant at the time the answer, demurrer, or other appearance in writing is filed. For all services in any other action or proceeding before trial, including judgment by default, and the entering up of the same, the sum of eight dollars, to be paid by the plaintiff, and the further sum of two dollars, to be paid by the defendant, at the times above respectively provided. For all services performed by him during the trial of any action or proceeding, up to and including the entry of final judg ment, the sum of three dollars, to be paid by the party moving the cause, at the time the same is entered upon the trial calendar; provided, for taking testimony during the trial, he shall receive thirty cents for each folio, for his own use and benefit, to be paid by the party demanding the service; and to secure the payment of the same, the said Clerk may lawfully require a deposit of a sufficient sum of money in advance. For all services subsequent to the entry of final judgment, up to and including the entry of satisfaction thereof, the sum of three dollars, to be paid by the party in whose favor the judg ment has been entered, at the time the execution or other final process is demanded; provided, when an appeal is taken, he shall be allowed, in addition, thirty cents for each folio contained in the transcript, to be paid by the party demanding the same. For all services performed by him in any case of judgment by confession, without action, up to and including the making up and filing of the judgment roll, the sum of ten dollars; and for all subsequent services, the same as in other cases. SEC. 3. When any cause has been appealed to the Supreme Court, and a new trial ordered, or when a new trial has been granted in the District Court, the said Clerk shall be allowed, upon the second or any subsequent trial, the same fees as are above provided for the first trial. FEES OF THE CLERK OF THE COUNTY COURT. SEC. 4. The Clerk of the County Court shall receive for all Fees of services performed by him, in any action or proceeding com- Clerk. menced in said Court, the same fees which are allowed the Clerk of the District Court for similar services. For all services performed by him in any cause brought to said Court by appeal, before trial, the sum of three dollars, to be paid by the party presenting the papers on appeal, at the time of the filing thereof. For all services during the trial, up to and including the entry of final judgment, the sum of five dollars, to be paid by the party moving the cause. For all subsequent services, the same fees which are allowed the Clerk of the District Court for similar services. SEC. 5. When more than one copy of a complaint is required in any case, in either the District or County Court, said Clerk shall receive, in addition to the fees already provided, two dollars for the second copy, and one dollar for each additional copy of said complaint. of fees. SEC. 6. All fees collected by said County Clerk, under the Disposition provisions of this Act, except those for taking down testimony, as provided in section two, shall be kept by him, and paid into the County Treasury of said county, pursuant to the provisions of sections eleven and twelve of an Act entitled an Act concerning the offices of Sheriff, County Clerk, County Recorder, County Treasurer, County Collector, and County Assessor, and fixing their compensation, for the County of El Dorado, approved April thirtieth, eighteen hundred and sixty. SEC. 7. Said County Clerk may lawfully require the fees provided by this Act to be paid in gold and silver coin of the United States of America. SEC. 8. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 9. This Act shall take effect and be in force from and after its passage. |