Offices separated. Election of Duties and liabilities. Duty of Auditor. CHAP. CCXLIII.-An Act to separate the office of County Recorder from the office of County Clerk in the County of Napa. [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. From and after the first Monday in October, A. D. eighteen hundred and sixty-three, the office of County Recorder shall be separate from the office of County Clerk in the County of Napa. SEC. 2. At the general election in the month of September next, and thereafter at the general election of every succeeding two years, there shall be elected in said county a County Recorder, who shall enter upon the discharge of the duties of his office on the first Monday of the next month succeeding such election, and shall hold such office for the term of two years, and until his successor is elected and qualified. SEC. 3. All duties and liabilities heretofore imposed upon the Clerk of said County as Recorder, shall be performed by said County Recorder elected under the provisions of this Act; and said County Recorder shall be required to give such bond or bonds as by law are required to be given by the County Clerks as Recorders, to be approved and filed in the same manner; and such Recorder shall have power to appoint Deputies, who may discharge all of the duties of their principal. SEC. 4. Upon the qualification of said Recorder to perform the duties of his office, it shall be the duty of the County Clerk of said county to deliver to him, on demand, all papers, books, materials, and other property belonging to the offices of Recorder and Auditor of said county. SEC. 5. The Recorder to be elected under the provisions of this Act shall also be ex-officio Auditor of said county, and shall do and perform all of the duties of Auditor thereof. SEC. 6. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they apply to Napa and Mendocino Counties. Re-location CHAP. CCXLIV.-An Act to authorize the re-location of the Route of the Railroad of the Central Pacific Railroad Company of California, and other matters relating thereto. [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Central Pacific Railroad Company of Cali authorized. fornia, a corporation duly organized under the laws of the State of California, are hereby authorized to change and re-locate the line and route of their railroad from the navigable waters of the Sacramento River, at or near the City of Sacramento, over Re-location the Sierra Nevada Mountains, to the eastern boundary line of authorized. the State of California, through such places and such counties, and to such points on the said eastern boundary line, as the Board of Directors of said company shall deem expedient, and as they shall deem the cheapest and best route for the construction and working of said railroad; and in case they shall thus change and re-locate the line of their said railroad, said company shall file the proper maps and profiles of their railroad, as thus changed and re-located, in the office of the Secretary of State, and the Clerks' office of the several counties through which the same shall be located, as provided in the Act entitled an Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixtyone; and said company may also file in the office of the Secretary of State amended articles of association, setting forth the route of said railroad as thus changed and re-located, or such other amendments as the Board of Directors of said company may deem necessary or proper, and such amended articles of association shall be signed by at least a majority of the Board of Directors, and sealed with the corporate seal of said company; and from the time of filing the same, the said corporation shall be conducted under such new and amended articles, in the same manner as though the original articles had contained all the provisions of the amended articles. SEC. 2. This Act shall be deemed a public Act and shall take effect and be in force from and after its passage. CHAP. CCXLV.—An Act to authorise the Executors of the Last Will and Testament of John W. Wilde, deceased, to sell and convey certain Real Estate. [Approved April 17, 1863.] The People of the State of California, represented in Senate and Assembly, do enact as follows: sell granted. SECTION 1. The qualified Executors of the last will and tes- Authority to tament of John W. Wilde, late of the City and County of San Francisco, State of California, deceased, are hereby authorized and empowered to sell at public or private sale, in their discretion, as shall most promote the interests of the estate of the said Wilde, and facilitate the distribution of the assets thereof, the following real estate belonging to the said estate, viz: The un- List of divided one sixth part of all that certain lot, piece, or parcel of property. land, situate, lying, and being in the City of Sacramento, State of California, and known and designated upon the map or plan of said city as part of Lot Number Eight (No. 8) in the square between J and K, Front and Second streets, being the east forty feet (E. 40 feet) of said lot, fronting forty (40) feet on J street, Conveyances Confirmation of sales. and eighty-five (85) feet on Second street; also, the undivided one twelfth (1-12) part of all that certain piece or parcel of land, situate, lying, and being in the City of Sacramento, State of California, known and designated on the map or plan of said city as part of Lot Number Seven in the square between J and K and Third (3d) and Fourth (4th) Streets, being the west three fourths (ths) of said Lot Number Seven. SEC. 2. On making any such sale or sales, the said Executors may convey the property so sold to the purchaser or purchasers thereof, and receive the purchase money therefor, and the title so conveyed shall be valid, and convey all the right, title, interest, and estate of the said John W. Wilde in the above described premises at the time of his death. SEC. 3. The said Executors shall account for the proceeds of such sale or sales as for any other assets in their hands pertaining to said estate. SEC. 4. No deed or conveyance of the said real estate, or any part thereof, made under the provisions of this Act, shall be valid, or convey any title, unless the sale shall have been confirmed by the Probate Court of the City and County of San Francisco aforesaid, previous to the execution of such deed or conveyance. SEC. 5. This Act shall take effect from and after its passage. Liability of CHAP. CCXLVI.-An Act amendatory of and supplementary to an The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is amended so as to read as follows: Section 1. It shall not be lawful for any horses, mules, goats, hogs, or horned cattle, other than cows, as hereinafter excepted, to run at large in any of the streets of Napa City, in the County of Napa, in the State of California. SEC. 2. Any resident and householder in Napa City may perowners, etc. mit one cow to run at large within the limits of said city, and he shall be liable for all damages done to and in yards, gardens, or inclosures in said city, by such cow, and the animal committing damage shall not be exempt from execution issued upon a judg ment rendered therefor. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CCXLVII.-An Act to amend an Act entitled an Act changing the time of assessing the value of Real and Personal Property, and collecting the Taxes levied thereon for State and County purposes, in the County of Sierra, passed April tenth, one thousand eight hundred and sixty-two. [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section eight of said Act shall be amended so as to read as follows: list. Section 8. On the fourth Monday in September, in each year, Delinquent the Tax Collector shall, at the close of his official business on that day, enter upon the assessment roll a statement that he has made a levy upon all property therein assessed the taxes upon which have not been paid, and shall immediately ascertain the total amount of taxes delinquent, and file in the office of the Auditor a statement of said amount, verified by the oath of himself or Deputy, which list shall be completed by the second Monday in October, and shall be known as the Delinquent List. SEC. 2. Section nine of said Act shall be amended so as to read as follows: Auditor. Section 9. On the second Monday in October, the Tax Col- Duty of Tax lector shall attend at the office of the County Auditor, with his Collector and assessment roll, and the Auditor shall then and there administer to the Tax Collector an oath, which shall be written and subscribed on the assessment roll, to the effect that each person and all property assessed in said roll, on which taxes have been paid, has the word "paid" marked opposite the name of such person, or the description of such property, and the Auditor shall then foot up the amount of taxes remaining unpaid, and credit the Tax Collector with the amount, and shall make a final settlement with the Tax Collector of all taxes charged against him on account of said assessment roll. SEC. 3. Section ten of said Act shall be amended so as to read as follows: taxes. Section 10. At any time before the first Monday in Novem- Payment of ber, and before the institution of suit, as provided in the revenue delinquent laws of this State, any delinquent tax payer may, upon certificate from the Auditor, giving a description of the property and the taxes due thereon, pay to the County Treasurer the taxes assessed against such delinquent, with five per cent additional thereon, taking from the Treasurer duplicate receipts for the amount paid, one of which shall be filed with the County Auditor, and the other with the District Attorney of the county. SEC. 4. This Act shall take effect and be in force from and after its passage. Authorized to own lands, etc. CHAP. CCXLVIII.-An Act to confer further powers upon the "Buena Vista Vinticultural Association." [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. That it shall and may be lawful for "The Buena Vista Vinticultural Association" to own, possess, occupy, and cultivate any number of acres of land, not exceeding, in the aggregate, six thousand, to be devoted and used for the purposes for which said association or corporation has been organized, notwithstanding the restriction or limitation contained in the first proviso to section one of an Act to provide for the formation of corporations for certain purposes, approved April tenth, one thousand eight hundred and fifty-eight. SEC. 2. This Act shall take effect from and after its passage. Franchise. Tolls. Proviso. CHAP. CCXLIX.—An Act to provide for the construction of a Wagon Road from Georgetown, via the north side of Lake Bigler, to the eastern boundary of the State. [Approved April 16, 1863.] The People of the State of California, represented in Senate and SECTION 1. Shannon Knox, James Shanklin, Jacob Glassman, O. H. Burnham, their associates and assigns, are hereby authorized to construct and keep in repair a good wagon road, commencing at the village of Georgetown, and running in a northeasterly direction, along the north side of Lake Bigler, to the eastern boundary of the State; and said grantees, their associ ates and assigns, shall be authorized to collect tolls on said road for the term of twenty years from and after its completion, which shall be within two years from and after the passage of this Act, and if not completed within two years, then the grant herein is forfeited. SEC. 2. Upon the completion of said road, said grantees shall report to the Board of Supervisors of El Dorado County the amount of money expended in the location and construction of said road, verified by the oath of any one of said grantees, or their managing Agent, and thereupon the said Board of Supervisors shall, from time to time, establish the rates of tolls to be collected upon said road, and they may establish different rates of toll for different seasons in the year; provided, such rates shall not be so reduced as to produce an income of less than twenty per cent per annum upon the cost of locating and constructing said road, and of repairing the same, and collecting tolls thereon; and the said Board of Supervisors shall have power to examine the books and papers of said grantees, and to |