Prohibition. Penalty. Jurisdiction CHAP. CCLIV.-An Act for the Preservation of Seals or Sea Lions at and near the entrance to the Harbor of San Francisco. [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. From and after the passage of this Act it shall not be lawful for any person or persons to shoot or otherwise kill or destroy any seals or sea lions within one mile of the beach or sea shore at Point Lobos, in the City and County of San Francisco; and for every violation of the provisions of this Act, the party or parties offending may be fined a sum not less than twenty-five nor over two hundred dollars. SEC. 2. Any Justice of the Peace in the City and County of of offences. San Francisco shall have jurisdiction to hear, try, and determine any complaint under this Act, and the fine or fines imposed by any judgment shall be collected, and one half thereof shall be paid to the informer, and the other half to the Common School Fund of the City and County of San Francisco, first deducting costs and expenses of prosecution. SEC. 3. This Act shall take effect from and after its passage. Franchise. CHAP. CCLV.-An Act granting the Right of Way over certain Lands in this State, in the Counties of El Dorado and Amador, for the Construction of a Wagon Road. [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. William B. Carr, and his associates or assigns, are hereby authorized and empowered to construct and maintain a wagon road, commencing at a point at or near Woodford's, on the road leading to the Town of Aurora, in the County of Mono, running thence, by any route determined upon by the grantee or his assigns, to the Town of Conysburg or Silver Right of way Mountain, in the Counties of El Dorado and Amador; and the State hereby grants to the said William B. Carr, and his associates, and his assigns, and successors in interest, the right of way, use, and occupancy of the lands of this State for the purpose of said road, not to exceed one hundred feet in width, for the period of twenty-five years. Conditions. Tolls. SEC. 2. The said William B. Carr, and his associates or assigns, shall commence the construction of said road within one year from the passage of this Act, and shall complete the same within three years from the date of the commencement thereof. SEC. 3. The Board of Supervisors of El Dorado County shall from year to year regulate the tolls to be collected on said road; provided, that they shall not so establish or reduce the rates of toll as to make the dividend on said road less than three per cent per month upon a fair valuation of said road, to be determined by the Board of Supervisors of said county. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAP. CCLVI.-An Act to amend an Act entitled an Act concerning the Salary of certain County Officers in the County of Napa, approved May eighth, eighteen hundred and sixty-one. [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section two of said Act is amended so as to read as follows: Section 2. From and after the next general election in the Salary. month of September, A. D. eighteen hundred and sixty-three, the District Attorney of the County of Napa shall receive for his services the sum of one thousand dollars per annum. CHAP. CCLVII.-An Act to amend an Act entitled an Act amendatory of and supplementary to an Act in relation to Personal Mortgages, in certain cases, passed May eleventh, one thousand eight hundred and fifty-three, approved April twenty-ninth, one thousand eight hundred and fifty-seven, and Acts amendatory thereof. [Approved April 18, 1863.] The People of the State of California, represented in Senate and mortgaged. SECTION 1. Section one of the Act amendatory of and supplementary to an Act in relation to personal mortgages in certain cases, passed May eleventh, one thousand eight hundred and fifty-three, approved April twenty-ninth, one thousand eight hundred and fifty-seven, approved April nineteenth, eighteen hundred and sixty-one, is amended so as to read as follows: Section 1. Chattel mortgages may be made on the following Property property, to secure the payment of just indebtedness: Uphol- that may be stery and furniture used in hotels and public boarding-houses, when mortgaged to secure the purchase money of the identical articles mortgaged, and not otherwise; saw-mill, grist-mill, and steamboat machinery; tools and machinery used by machinists, foundry men, and other mechanics; steam boilers, steam engines, locomotives, engines, and the rolling stock of railroads; printing presses, and other printing material; instruments and chests of a Surgeon, Physician, or Dentist; libraries of all persons; stock in any incorporated company; machinery and apparatus for Form of mortgage. mining purposes. No mortgage made by virtue of this Act shall have any legal force or effect, (except between the parties thereto,) unless the residence of the mortgagor and mortgagee, their profession, trade, or occupation, the sum to be secured, the rate of interest to be paid, when and where payable, shall be set out in the mortgage; and the mortgagor and mortgagee shall make affidavit that the mortgage is bona fide, and made without any design to defraud or delay creditors, which affidavit shall be attached to such mortgage. Election. Bond. Compen. sation. CHAP. CCLVIII.—An Act to authorize the Election of an Assistant [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Common Council of the City of Marysville, at any meeting after the passage of this Act, shall have power to elect an Assistant Assessor, whose duty it shall be to assess and make returns of all the property in said city for the year eighteen hundred and sixty-three, as is now required by law of the City Assessor, and to that end such Assistant shall have and exercise all the powers now given by law to said City Assessor. SEC. 2. Such election shall be by ballot, and the person so elected shall take the oath of office, and give bond, to be approved by said Common Council, in the sum of five thousand dollars, for the faithful discharge of the duties of said office; provided, that such Assistant Assessor shall receive not exceeding five hundred dollars for all services performed under this Act. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CCLIX.-An Act to authorize the Supervisors of Placer [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Supervisors of Placer County are hereby authorized and empowered to audit and allow the claim of George L. Anderson, for moneys expended by him as Auditor and Recorder of said county; provided, such allowance shall not exceed the sum of six hundred dollars, and no items for interest shall be allowed. CHAP. CCLX.-An Act concerning the Courts of Justice of this State, and Judicial Officers. [Approved April 20, 1863.] The People of the State of California, represented in Senate and CHAPTER I. COURTS OF JUSTICE IN GENERAL. SECTION 1. The following shall be the Courts of Justice of Courts of this State: Justice. First-The Supreme Court. Second-The District Courts. Third-The County Courts. Fourth-The Probate Courts. Fifth-The Justices' Courts. Sixth-The Recorders' and other inferior Municipal Courts. CHAPTER II. Court. SEC. 2. The Supreme Court shall consist of a Chief Jus- Supreme tice, and four Associate Justices. Each Justice shall be commissioned by the Governor, and before entering upon his duties shall take the constitutional oath of office; and no person shall be eligible to the office of Justice of the Supreme Court who shall not have been a citizen of the United States, and a resiident of this State, for two years next preceding his election. SEC. 3. The Justices of the Supreme Court shall be chosen at Election. special judicial elections to be provided by law, and shall hold their offices for the term of ten years from the first day of January next after their election, except those elected at the first special judicial election during the year one thousand eight hundred and sixty-three, who, at their first meeting, shall so classify themselves by lot, that one Justice shall go out of office every two years. A record of the allotment shall be entered in Allotment. the minutes of the Court, and a copy thereof, under the hands of the Justices, shall be transmitted to the Secretary of State, and be filed in his office. The Justice having the shortest term to serve shall be the first Chief Justice. The Justice having the next shortest term to serve, by said allotment, shall be the second Chief Justice, and so on until the expiration of the term of the Justices first elected. Afterwards, the Justice who has been longest in commission shall be the Chief Justice. SEC. 4. When, from any cause, a vacancy shall occur in the Vacancy. office of a Justice of the Supreme Court, the Governor shall fill the same by granting a commission, which shall continue until the election and qualification of a Justice. A Justice to fill the vacancy shall be chosen at the first special judicial election subsequent to the occurrence of the vacancy, and shall enter upon the discharge of his duties on the first day of January next after his election. The Justice thus elected shall hold his office for the balance of the unexpired term of his predecessor. Jurisdiction Jurisdiction to review. Powers. Habeas corpus. Powers. Terms. Number necessary for transaction SEC. 5. The Supreme Court shall have appellate jurisdiction in all cases in equity; also in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars; also, in all cases arising in the Probate Courts; and also, in all criminal cases amounting to felony, on questions of law alone. SEC. 6. The Supreme Court shall have jurisdiction to review, upon appeal: First-A final judgment in any of the cases mentioned in the preceding section; and to review, upon the appeal from such judgment, any intermediate order or decision, involving the merits, and necessarily affecting the judgment. Second-An order granting or refusing a new trial; an order granting or dissolving an injunction; and an order refusing to grant or dissolve an injunction; and any special order made after final judgment. SEC. 7. The Supreme Court shall have power to issue writs of mandamus, certiorari, and prohibition, to enforce obedience to its judgments and orders, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. SEC. 8. This Court, and each of the Justices thereof, shall have power to issue writs of habeas corpus to any part of the State, upon petition on behalf of any person held in actual custody, and to make such writs returnable before this Court, or the Justice issuing said writ, or before any District Court, or any County Court, in the State, or before any Judge of said Courts. SEC. 9. The Supreme Court may reverse, affirm, or modify, the judgment or order appealed from, as to any or all of the parties, and may, if necessary or proper, direct the proper jugdment or order to be entered, or direct a new trial or further proceedings to be had. SEC. 10. There shall be four terms of this Court in each year for the hearing of causes, to commence on the first Monday of January, April, July, and October, and to continue until the fourth Saturday thereafter, inclusive, unless all the cases ready for hearing are sooner disposed of. If all the cases ready for hearing be not disposed of, the terms may be continued so much longer as in the opinion of the Court the public interest shall require. The Court shall be deemed always open for the filing of opinions and the rendition of judgments and orders. SEC. 11. The presence of three Justices shall be necessary for the transaction of business, excepting such business as may of business. be done at Chambers; and the concurrence of three Justices shall be necessary to pronounce a judgment. Whenever questions of importance are involved in the cases decided, and are passed upon by the Court, the reasons or grounds of the decision shall be given in a written opinion accompanying the same. Court to be held at the Capital of the State. SEC. 12. The terms of this Court shall be held at the Capital of the State. If proper rooms in which to hold the Court and for the Chambers of the Justices be not provided by the State, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the Court |