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the levy of an execution, and for advertising, and for making Sheriff. or collecting the money on an execution, shall be collected from the defendant, by virtue of such execution, in the same manner as the sum therein directed to be made.

For drawing and executing every Sheriff's deed, to be paid for by the grantee, who shall, in addition, pay for the acknowledgment thereof, five dollars.

For serving a writ of possession or restitution, putting any person entitled into possession of premises, and removing the occupant, five dollars.

For travel in the service of any process not herein before mentioned, for each mile necessarily travelled, in going only, forty

cents.

For attending, when required, on any Court, in person or by Deputy, for each day, to be paid out of the County Treasury, four dollars.

For bringing up a prisoner on a habeas corpus, to testify or answer in any Court, or for examination as to the cause of his arrest and detention, or to give bail, one dollar and fifty cents; and for travelling each mile from the jail, in going only, forty

cents.

He shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution, or other process, and of preserving the same, as the Court from which the writ or order may issue shall certify to be just and reasonable.

For holding each inquest or trial of right of property, when required, to include all service in the matter except mileage, five dollars.

For attending on Supreme Court, either in person or by Deputy, to be paid out of the State Treasury as other claims, for each day, four dollars.

For making every arrest in a criminal proceeding, two dollars.

For serving each subpoena in criminal proceedings, fifty cents.
For executing every sentence of death, fifty dollars.

For summoning a grand jury, fifteen dollars.

For summoning each trial jury of twelve persons, six dollars.
For each additional juror, twenty-five cents.

For service of any process in criminal cases, for each mile necessarily travelled, twenty cents; and the same mileage for taking a prisoner before a magistrate or to prison. In serving subpoena or venire in criminal cases, he shall receive mileage for the most distant only, when witnesses or jurors live in the same direction.

For all services in Justice's Court, the same fees as are allowed to Constables in like cases.

FEES OF CORONER.

SEC. 7. All services in summoning jury of inquest, three Coroner. dollars.

For swearing a jury, seventy-five cents.

For issuing a warrant of arrest, fifty cents.

For issuing subpoena, for each witness, twenty-five cents.

County
Auditor.

Constables.

Justices of the Peace.

For each mile necessarily travelled in going to the place of the dead body, twenty-five cents; which fees, in all inquests, shall be paid out of the County Treasury, as other demands.

For all services rendered by him when acting as Sheriff, the same fees as are allowed to the Sheriff for similar services. For swearing each witness, twenty-five cents.

For taking down the testimony of each witness, per folio, twenty-five cents.

FEES OF COUNTY AUDITOR.

SEC. 8. For filing Treasurer's receipts, and issuing license, to be paid by the party, twenty-five cents.

FEES OF CONSTABLES.

SEC. 9. For serving summons in a civil suit, for each defendant, one dollar.

For summoning a jury before a Justice of the Peace, two dollars.

For taking a bond required to be taken, fifty cents.
For summoning each witness, twenty-five cents.

For serving an attachment against the property of a defendant, two dollars.

For summoning and swearing a jury to try the rights of property, and taking the verdict, three dollars.

For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the Justice who issued the execution, upon the affidavit of the Constable that such charges are correct, and the expense necessarily incurred.

For collecting all sums on execution, three per cent; to be charged against the defendant in the execution."

Constables shall receive, in serving summons, attachments, order, execution, venire, notice, and subpoena, in civil cases, for each mile necessarily travelled, in going only, but when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction, forty cents.

For serving a warrant or order for the delivery of personal property, or making an arrest in civil cases, two dollars.

For service and travel in criminal cases, the same fees as Sheriffs for similar service.

For all other services, except attending Court, the same fees as are allowed to Sheriffs for similar services.

This section, so far as it relates to Constables, shall be in force in the County of Klamath, and all Acts in conflict with the same are hereby repealed.

FEES OF JUSTICES OF THE PEACE.

SEC. 10. For filing each paper, twenty-five cents. Issuing any writ, or process, by which suit is commenced, fifty cents.

For entering such cause upon his docket, fifty cents.

For subpoena for each witness, twenty-five cents.

For administering an oath or affirmation, twenty-five cents.
For certifying the same, twenty-five cents.

For each certificate, twenty-five cents.

For issuing writs of attachment, or of arrests, or for the delivery of property, one dollar and fifty cents.

For entering any final judgment, per folio, for the first folio, one dollar; for each additional folio, twenty-five cents.

For taking and approving any bond or undertaking, directed by law to be taken or approved by him, twenty-five cents. For taking justification to a bond, fifty cents.

For swearing a jury, fifty cents.

For taking depositions, per folio, twenty-five cents.

For entering satisfaction of judgment, twenty-five cents.
For copy of judgment, order, docket, proceedings, or papers,
in his office, for each folio, twenty-five cents.

For transcript of judgment, per folio, twenty-five cents.
For issuing commission to take testimony, one dollar.
For issuing supersedeas to an execution, twenty-five cents.
For making up and transmitting transcript and papers on an
appeal, one dollar and fifty cents.

For issuing search warrants, one dollar.

For issuing an execution, twenty-five cents.

For celebrating marriage, and returning certificate thereof to the Recorder, five dollars.

For all service and proceedings before a Justice of the Peace in a criminal action or proceeding, whether on examination or trial, three dollars.

For taking bail after commitment in criminal cases, one dollar.
For entering cause without process, one dollar.

For entering judgment by confession, and only on affidavit, as required in the District Court, three dollars.

For entering every motion, rule, order, verdict, or default, twenty-five cents.

Justices of

the Peace.

effect.

SEC. 11. So much of this Act as relates to fees or compensa- To take tion in the office of Clerk of District Court, Clerk of County Court, Clerk of Probate Court, County Recorder, County Auditor, Sheriff, and Coroner, shall take effect and be in force from and after the first Monday in March, one thousand eight hundred and sixty-four, and so much thereof as relates to fees or compensation in the office of Constable and Justice of the Peace, shall take effect and be in force from and after the first Monday in October, one thousand eight hundred and sixty-three.

SEC. 12. All Acts or parts of Acts in conflict or inconsistent Acts with the provisions of this Act, so far as the same relate to the repealed. fees of the officers hereinbefore mentioned in the Counties of Shasta and Trinity, are hereby repealed; provided, that nothing Proviso. in this Act shall be construed to change or modify the fees or compensation of any county or township officer in said counties during the legal term of the present incumbents.

Right of way in the

City of

granted.

CHAP. CCIX.-An Act granting certain rights to the Central Pacific
Railroad Company of California, and for other purposes.

[Approved April 14, 1863.]

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

SECTION 1. There is hereby granted to the Central Pacific Railroad Company of California, a corporation duly organized Sacramento under and in pursuance of the laws of this State, their successors, and assigns, the right of way, and the right to construct, lay down, and operate, by steam power or otherwise, railway tracks within the limits of the City of Sacramento, and across and along certain streets of said city; but not upon or along any street east of Front and south of I street, and not upon or along any street east of Sixth street and south of the levee recently constructed, as now located in the northerly part of said city; and for that purpose, such railroad may enter the northerly or easterly portion of said city at such point as in the judg ment of the officers of said company will be most convenient to the point where said railroad shall cross the American River; and said company are hereby authorized to lay the track of their said railroad upon the top of the levee recently constructed in the northerly portion of said city, also upon and along that part of said levee lying north or northeast of said city, hereby granting to said company the right of way for their said railroad upon and along all those streets and parts of streets, alleys and parts of alleys, lots and parts of lots, and public squares, upon which said levee is built, along the line of said levee, and hereby granting to said company the right to extend and lay their track, with necessary side tracks, turn outs, and switches, upon said levee, from the point where said railroad may intersect or connect with said levee, westerly, along, upon, or north of said levee to the intersection of Front and K streets; and if, in order to reach deep water, it shall become necessary to pile or fill out in the river at or above K street, the said company, their successors, and assigns, shall have the right to pile or fill out to deep water, and the corporate authorities of the City of Sacramento, or the City and County of Sacramento, shall, after demand made by said company, decide which method shall be adopted without unnecessary delay. Said decision shall be made by ordinance; and said corporate authorities may require said company to construct good and substantial wharves along the whole or any part of the extent of such piling or filling. Said company shall have the right to depart from said levee at any place or places where an abrupt or short turn in the line of said levee may render such departure necessary in order to obtain the proper curvature for their said line of railroad, with the right to construct and erect such machine shops, storehouses, car buildings, watering places, turn tables, and other buildings and erections necessary for the operation of their said railroad, upon any lots, streets, and alleys within the limits of said city lying north of said levee; and the further right and privilege is hereby granted to said company to

rights grant

construct, lay down, and operate said railroad and a branch or Right of way branches on the north side of said levee, from the intersection and other of Sixth and E streets, or such other place in that vicinity as ed to may be deemed most advisable by said company, in a westerly company. direction to Front street, near the water works building; and for the purpose aforesaid, there is hereby granted to said company, their successors, and assigns, the right of way on the north side of said levee, across, upon, over, and along any of such streets, parts of streets, and river front of said city, together with the use of said levee, within and north or northeast of said city; and there is hereby further granted to said company, their successors, and assigns, the water front along the Sacramento River, in front of said city, lying between the Sacramento River and a line running parallel to and eighty (80) feet westerly from the east side of Front street, from the north side of K street, northerly, hereby granting to said company the right and privilege of erecting and maintaining on and along said water front their railroad and such wharves, landings, storehouses, warehouses, stations, and other buildings and erections as may be necessary or convenient for the transaction and performance of the business of said railroad, reserving, however, the right to the City of Sacramento, and said right is hereby granted to said city, to collect wharfage, tonnage, and levee dues. The grant of said water front, except the right of way thereon, to said company is upon the condition, however, that said company shall construct and operate fifty miles of their said railroad, continuously, from said City of Sacramento, within five years from the passage of this Act; and in case of the failure of said company so to do, said water front shall revert to said city. There is further granted to said company the right of constructing and building one or more tracks, with all necessary side tracks, turn outs, switches, and turn tables along said line of railroad and water front.

SEC. 2. There is hereby further granted to said company, Rights their successors, and assigns, the right of way, and the right to granted. construct their said railroad over and upon, and the right to take earth and other materials from any and all tract or tracts of land, within or without the limits of said City of Sacramento, lying north of K street, which have been or may be appropriated or condemned for public use by the Board of Levee Commissioners for levee purposes, or to furnish materials for the construction of said levee, or to turn or straighten the channel of the American River, under the provisions of an Act entitled an Act concerning the construction and repair of levees in the County of Sacramento, and the mode of raising revenue therefor, approved April ninth, one thousand eight hundred and sixtytwo.

SEC. 3. There is hereby further granted to the said Central Grant of Pacific Railroad Company of California, their successors, and Sutter Lake. assigns, all that tract lying within the boundaries of said City of Sacramento, and commonly known as "Sutter Lake," or "The Slough," the same being fully and particularly described in the second section of an Act entitled an Act granting certain

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