Second-To the proof of a will, or the appointment of an Executor, Administrator, or Guardian.

Third-To the authentication of a copy of a record, or other proceeding of the Court, or an officer thereof, for the purpose of evidence in another Court.

SEC. 82. The seal may be affixed by impressing it on the Manner of paper or on a substance attached to the paper and capable of affixing seal. receiving the impression.

ARTICLE 5.-Miscellaneous Provisions respecting Courts and Judicial.

Officers.

SEC. 83. If an application for an order, made to a Judge of Application a Court in which the action or proceeding is pending, be refused for order. in whole or in part, or be granted conditionally, no subsequent application for the same order shall be made to any other Judge, except of a higher Court, or to any Court Commissioner; provided, that nothing in this section shall be so construed as to Proviso. apply to motions refused for any informality in the papers or proceedings necessary to obtain the order.

SEC. 84. A violation of the last section may be punished as a violation. contempt, and an order made contrary thereto may be revoked by the Judge who made it, or vacated by a Judge of the Court in which the action or proceeding is pending.

SEC. 85. The Judges of the Supreme Court, of the District Powers of Courts, and of the County Courts, shall have power in any part Judges. of the State, and Justices of the Peace, within their respective counties, and Recorders, and other inferior Municipal judicial officers, within their respective cities or towns, to take and certify:

First-The acknowledgment of a satisfaction of a judgment of any Court.

Second-An affidavit to be used in any Court of Justice in this

State.

SEC. 86. No action or proceeding in a Court of Justice shall Absence of be affected by a vacancy in the office of all or any of the Judges, Judges. or by the failure of a term thereof.

language.

SEC. 87. Every written proceeding in a Court of Justice in Proceedings this State, or before a judicial officer, shall be in the English in English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures, or numerals, in the customary manner. In the counties Exception. of San Luis Obispo, Santa Barbara, Los Angeles, and San Diego, the proceedings may be in the English or Spanish language.

SEC. 88. If rooms for holding the District Courts, County Rooms, etc. Courts, and Probate Courts, and the Chambers of the Judges of the said Courts, be not provided in any county by the Supervisors thereof, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the said Courts may direct the Sheriff of such county to provide such rooms, attendants, furniture, fuel, lights, and stationery, and the expenses thereof shall be a charge against such county.

1

Act repealed

SEC. 89. The Act entitled an Act concerning the Courts of Justice of this State, and judicial officers, passed May nineteenth, eighteen hundred and fifty-three, and the several Acts To take effect amendatory thereof, are hereby repealed. This Act shall take

effect on the first day of January, in the year one thousand eight hundred and sixty-four, except so much thereof as relates to the election and qualification of judicial officers, which shall take effect immediately. No judicial officer entitled to office by virtue of any election heretofore held under existing laws, shall be superseded by the provisions of this Act; but every such officer shall remain in office until the first day of January, one thousand eight hundred and sixty-four, and until the qualification of his successor, elected in accordance with the provisions of this Act.

Board authorized.

Proviso.

Duty of Commissioners.

CHAP. CCLXI.-An Act authorizing the Board of Supervisors of
Butte County to appropriate certain Moneys.

[Approved April 20, 1863.]

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

SECTION 1. The Board of Supervisors in and for Butte County are hereby authorized to appropriate any money now in the Railroad Interest Fund of said county, not needed for the payment of interest for the current year on bonds of said county now issued to the California Northern Railroad Company, for the purpose of improving the public road leading from Dogtown, in said county, to the Cold Spring House, in said county; provided, that said appropriation shall not exceed the sum of two thousand dollars, and in the manner as follows: Whenever any ten citizens of said county shall, by petition, apply to the said Board of Supervisors for said appropriation for the purpose aforesaid, at any regular or called session of the Board, said Board shall enter an order on its records appropriating said money as aforesaid, and shall appoint a Board of three Commissioners, who shall organize as soon after said appointment as may be practicable, by the appointment of a Chairman, Secretary, and Treasurer, who shall give a bond for the faithful discharge of their duties, in such sum and such manner as the Board of Supervisors may require; provided, that said bond shall not exceed the sum of four thousand dollars.

SEC. 2. It shall be the duty of said Board of Commissioners to receive, safely keep, and disburse, the moneys appropriated by this Act, when the same shall be paid to them. They shall keep an accurate account of all moneys received by the operation of this Act, and from any private subscriptions made for the purpose of improvement of the road aforesaid, and also of the disbursement of the same, and shall take vouchers therefor. They shall also prescribe the lines and grades of said road. They shall have power to alter said road from its present location at such points as they may deem necessary, in order to

straighten or improve the same; provided, that if, by reason of any such removals, said road will run through any private property, the right of way shall be first obtained from the owner thereof, but none of the moneys appropriated by this Act shall be used for the purpose of paying for such right of way.

Proviso.

and compen.

SEC. 3. The Chairman of the Board of Commissioners shall Supervision supervise the construction of the road. The Board of Super- sation. visors may prescribe such compensation for his services adequate, not to exceed the sum of four dollars per day for each day's services rendered.

warrant.

SEC. 4. Whenever said Board of Commissioners shall have Auditor to organized, and filed their bond, approved by said Board of draw Supervisors, with the Clerk of said Board, said Board shall order that the Auditor draw his warrant upon the Treasurer of said county for the sum of one thousand dollars, in favor of said Board of Commissioners, and the said Treasurer shall pay the same, upon presentation thereof, out of said Railroad Interest Fund, and the Treasurer of said Board of Commissioners shall give his receipt therefor. And whenever the said Board of Commissioners shall make it appear to the Chairman of the Board of Supervisors (or to the Board itself, if it should at the time be in session) by exhibition of the books and vouchers of the commission, or other proof as may be required, that said one thousand dollars has been faithfully and judiciously expended for the purposes provided by this Act, then the said Chairman, or Board, as the case may be, shall certify said expenditure to the Auditor of the county, who thereupon shall draw his warrant for the remaining one thousand dollars of said appropriation, and the Treasurer shall pay the same as aforesaid, and take receipt therefor. And whenever said last mentioned one thousand dollars, together with any private subscriptions that may have been received by said commission, have been expended, said Commissioners shall make a statement of all moneys disbursed by them, and for what purpose, and shall file the same, together with their books and vouchers, with the Board of Supervisors, and if it appear to the Board that said money appropriated by this Act, together with the private subscriptions received, have been faithfully applied in the construction and improvement of said road, then the Board shall discharge said Commissioners from any liability under their bond.

SEC. 5. The road adopted and improved by said Commissioners shall be and hereby is declared to be a public highway.

SEC. 6. This Act shall take effect from and after its passage.

Franchise.

Powers and rights.

Certain rights extended.

Damages.

Conditions.

Tolls.

Scale of prices.

Ferry.

.

CHAP. CCLXII.-An Act to grant the Right to construct a Turnpike Road in Yolo County, and also to maintain a Ferry.

[Approved April 20, 1863.]

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

SECTION 1. James Wadish, together with such associates as he may admit, shall take, have, possess, and enjoy, all the rights, privileges, rights of way, franchises, and immunities hereinafter mentioned, upon condition that he and his associates shall incorporate themselves under the general laws of the State regulating corporations and providing for the incorporation of turnpike roads, and shall adopt the name of "The Woodland and Sacramento Turnpike Road Company," and shall abide by and fulfil the further conditions hereinafter mentioned.

SEC. 2. The said company shall have full power to build and maintain a public turnpike road from a point upon the Sacramento River, at or near the centre of Section Thirty-Four, Township Ten, running in a southwesterly direction eight hundred yards, thence due west one and one fourth mile, thence due south one fourth of a mile, to the township line in Yolo County, and have and enjoy all the rights, privileges, and immunities thereunto appertaining, and shall have the right of way, which is hereby granted and ceded to said company, for the term of fourteen years; and the State enters into these covenants, and grants these rights and privileges, upon the express conditions that within one year from the passage of this Act the said company shall commence, and within two years complete, the said turnpike road.

SEC. 3. The same rights as are now extended by the laws of this State to plank and turnpike roads, in relation to the taking of property for the use of plank and turnpike roads, are hereby extended to the said "Woodland and Sacramento Turnpike Road Company." The damages to be ascertained and paid in the same manner as they are by plank or turnpike road companies.

SEC. 4. The said turnpike shall be constructed of sufficient width to admit of the passage of the largest and heaviest sized teams, and said road shall be kept, at all seasons of the year, in good condition for travel by the largest or heaviest lumber and other teams.

SEC. 5. The said company, upon the completion of said turnpike road, shall be authorized and empowered to charge and collect toll, the rate of which may be annually fixed by the Supervisors of the County of Yolo.

SEC. 6. The said company shall keep at each end of the road a signboard, which shall show the scale of prices and the regulations of the road.

SEC. 7. The said company shall further have full power to construct, operate, and maintain a public ferry across the Sacramento River, from the eastern terminus of the above described turnpike road to any convenient point upon the opposite side of the said river, and shall have and enjoy all the rights, privileges,

and immunities thereunto belonging, and shall have the right of
way across said river, and the privilege of using the same for
that purpose,
which is hereby granted and ceded to the said
Wadish, his assoicates and assigns, for the term of fourteen
years.

SEC. 8. The said Wadish, his associates and assigns, shall Tolls.
have power to demand and collect of and from all persons and
property crossing said ferry, such rates of toll as shall be fixed
by the Supervisors of the County of Yolo; and the rates of
toll so fixed shall be posted in a conspicuous place at each ter-
minus of said ferry.

SEC. 9. Nothing in this Act shall be so construed as to Construction authorize any one to obstruct or in any way interfere with the of Act. free navigation of said river.

SEC. 10. This Act shall take effect and be in force from and after its passage.

CHAP. CCLXIII.-An Act to define the boundary of El Dorado

County.

[Approved April 20, 1863.]

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

SECTION 1. The boundary of El Dorado County shall be as Boundaries. follows: Beginning at the junction of the North and South Fork of the American River, running thence up the middle of the North Fork to the mouth of the Middle Fork; thence up the middle of the Middle Fork to Junction Bar; thence up the middle of the main South Fork of the said Middle Fork to the point where the same South Fork is intersected by the Georgetown and Lake Bigler trail; thence along said trail to Sugar Pine Point, on the western shore of Lake Bigler; and thence due east to the boundary of the State; thence, in a southeasterly direction, following the boundary of the State, to the northeast corner of Amador County; thence, in a westerly direction, along the northern boundary of Amador County, to the point where the same intersects the eastern boundary of Sacramento County; thence, in a northerly direction, along the eastern boundary of Sacramento County, to the South Fork of the American River; thence down the middle of said South Fork to its mouth, which is the place of beginning.

SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 3. This Act shall be in force and take effect from and after its passage.