CHAP. CCCXXIII.—An Act to grant to John McNealy and his associates the right to construct and maintain a Toll Bridge across the Mokelumne River, in the Counties of Calaveras and Amador. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. John McNealy, and those he may associate with Franchise. him, their heirs and assigns, shall have full power to build, erect, construct, and maintain, a public toll bridge across the Mokelumne River, at a point about two and a half miles above the town of Lancha Plana, at or near the place where the wire suspension flume of the Lancha Plana and Poverty Bar Ditch Company crosses said river, and the said John McNealy and his associates shall have the right of way across said river, and the privilege of using the same for the purpose heretofore mentioned, and at the point and location before described, and the right is hereby granted and ceded to the parties before mentioned, for the term of twenty (20) years; provided, that the Term of. parties to whom this franchise is granted shall, within six months commence and within twelve months complete said bridge, from and after the passage of this Act; and if said bridge be not built within the time specified in this Act, then said parties to whom this franchise is granted shall be deemed to have forfeited all rights, franchises, and privileges herein granted; and, provided, further, that said bridge shall be con- Proviso. structed of good material, and of sufficient width and strength to pass and sustain teams and wagons of the largest size, and be kept at all times in repair; and the said parties to whom this franchise is granted shall be responsible for all damages arising to persons or property crossing the same, caused by neglect to keep the same in proper repair. SEC. 2. The said parties to whom this franchise is granted, Tolls. after the completion of said bridge, are hereby authorized to charge and collect such rates of toll as the Board of Supervisors of Calaveras County shall annually fix; provided, that the rates of toll shall not be placed so low as to yield less than fifteen per cent per annum upon the value of said bridge, cost of keeping the same in repair, and expenses of collecting toll; and, pro-Proviso. vided, further, that nothing contained in this Act shall be construed so as to exempt the grantees herein from paying license as required by the laws of this State in relation to toll bridges. SEC. 3. The said parties to whom this franchise is granted Rights of shall have the right to regulate and determine the speed of grantees. travel, either riding or driving, on said bridge, and may require the speed not to be faster than a walk; and such regulations, together with the rates of toll, shall be kept posted in some conspicuous place on said bridge, and for each violation of said regulations the parties offending may be prosecuted in any Court of competent jurisdiction, and fined in any sum not less than ten nor more than fifty dollars, and in addition shall be liable to the owners of said bridge for all damages actually sustained by reason of such violation. Regulations. Condition. SEC. 4. The owners of said bridge and franchise shall have the right to regulate and determine the number of stock cattle that may pass over said bridge at any one time, which regulation shall be affixed to the rates of toll in some conspicuous place as before mentioned, and the owners of said bridge shall not be responsible for any injury or damages to persons or property resulting from a violation of said regulations. SEC. 5. This franchise is granted with the express understanding that the passage of this Act shall not interfere with any legal rights that M. Delaney may have acquired from the Board of Supervisors of Calaveras County, or any persons claiming under him by virtue of any franchise granted to said Delaney by said Board of Supervisors, across said Mokelumne River, at or near the point on said river designated in this franchise. SEC. 6. This Act shall take effect from and after its passage. Number of districts. Districts specified. CHAP. CCCXXIV.-An Act to divide the State into Judicial Districts. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. The State shall be divided into fourteen Judicial Districts, which districts shall be numbered, and composed of the several counties, and parts of counties, as hereinafter provided. SEC. 2. The First Judicial District shall be composed of the Counties of San Diego, San Bernardino, Los Angeles, Santa Barbara, and San Luis Obispo. SEC. 3. The Third Judicial District shall be composed of the Counties of Monterey, Santa Cruz, Santa Clara, Alameda, and Contra Costa. SEC. 4. The Twelfth Judicial District shall be composed of the County of San Mateo, and all that portion of the City and County of San Francisco lying south of a line described as follows: Commencing at the western boundary of said city and county, at a point in a line with the centre of Bush street, in said city; thence running easterly, in a line with and through the centre of Bush street, to the centre of Larkin street; thence northerly, along the centre of Larkin street, to the centre of Pine street; thence easterly, along the centre of Pine street, to the centre of Kearny street; thence northerly, along the centre of Kearny street, to a point in a line with the northern side of the City Hall or Court House; thence easterly, to and along the northern line of the City Hall or Court House, to a point sixtyfive feet from the eastern line of Kearny street; thence at right angles southerly, to the southern line of said Hall or Court House; thence westerly, along the southern line of said building, to the easterly line of Kearny street; thence southerly, along the eastern line of Kearny street, to the centre of Clay street; Districts thence easterly, along the centre of Clay street, to the eastern specified. boundary of said city and county. SEC. 5. The Fourth Judicial District shall be composed of that portion of the City and County of San Francisco which is not included within the limits of the Twelfth Judicial District, as above described. SEC. 6. The Thirteenth Judicial District shall be composed of the Counties of Tulare, Fresno, Merced, Mariposa, and Stanislaus. SEC. 7. The Fifth Judicial District shall be composed of the counties of San Joaquin, Tuolumne, and Mono. SEC. 8. The Seventh Judicial District shall be composed of the Counties of Marin, Sonoma, Mendocino, Napa, Lake, and Solano. SEC. 9. The Eleventh Judicial District shall be composed of the Counties of Calaveras, Amador, and El Dorado. SEC. 10. The Sixth Judicial District shall be composed of the Counties of Sacramento and Yolo. SEC. 11. The Fourteenth Judicial District shall be composed of the Counties of Placer and Nevada. SEC. 12. The Tenth Judicial District shall be composed of the Counties of Yuba, Sutter, Colusa, and Sierra. SEC. 13. The Second Judicial District shall be composed of the Counties of Tehama, Butte, and Plumas. SEC. 14. The Ninth Judicial District shall be composed of the Counties of Shasta, Trinity, and Siskiyou. SEC. 15. The Eighth Judicial District shall be composed of the Counties of Humboldt, Klamath, and Del Norte. .SEC. 16. This Act shall take effect on the first day of January, in the year one thousand eight hundred and sixty-four; provided, that as to the election and qualification of District Judges, it shall take effect immediately. CHAP. CCCXXV.-An Act to authorize the sale and conveyance to the South San Francisco Homestead and Railroad Association of certain Overflowed Lands in the City and County of San Francisco. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Commissioners of Swamp and Overflowed Duties of Lands are authorized, whenever requested by the officers of the Swamp Land South San Francisco Homestead and Railroad Association, to missioners. appraise the value of the lands belonging to the State in front of the lands of said association, at Hunter's Point, in the City and County of San Francisco, commencing at the boundary of the lands of said association, as surveyed by the United States Surveyor, and confirmed by the United States District Court, and extending to a distance not to exceed two hundred feet from low water mark; provided, that in no case shall it extend Proviso. Duties of City and veyor. beyond a depth of water exceeding six feet at the lowest stage of the tide, nor interfere with the water front of the adjoining property; and said Board of Swamp Land Commissioners shall certify the amount found to be the value of said land to the County Treasurer of San Francisco, and also to the SurveyorGeneral; and upon the approval of the survey of the County Surveyor by the Surveyor-General, and upon the payment to the County Treasurer of San Francisco, for the benefit of the Swamp Land Fund of the State, of the amount so found to be the value of said land, the Register of the State Land Office shall certify said approval and payment to the Governor, whereupon a patent shall issue for said land to said corporation. SEC. 2. Within thirty days after the appraisement by said County Sur. Commissioners, the Surveyor of the City and County of San Francisco shall make out a plat and field notes of said survey. He shall, within ten days thereafter, record the same in his office, and forward duplicate certified copies of the same to the Surveyor-General; and it shall be the duty of the SurveyorGeneral, upon examination and approval of said survey, to return one of the duplicate copies, with his approval indorsed thereon, to said County Surveyor, to be by him delivered to the parties desiring the survey; provided, said approval and return of duplicate shall be within ten days after the receipt of said plat and field notes. Proviso. Treasurer. Payment of expenses. SEC. 3. It shall be the duty of the Treasurer of the City and County of San Francisco to pay over to the Treasurer of this State all moneys received under the provisions of this Act in the same manner and at the same time as other revenues are paid to the State Treasurer. SEC. 4. All expenses attending said appraisement by the Commissioners, together with all the costs incident to an accurate survey of the said lands by the Surveyor of the City and County of San Francisco, shall be paid by said association. SEC. 5. The said association, or its assigns, shall not have the power to make any use of said lands or any part thereof that shall interfere with the navigation of the Bay of San Francisco. SEC. 6. This Act shall take effect and be in force from and after its passage. Fees. CHAP. CCCXXVI.-An Act to regulate the Fees of Constables of [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for the Constables of El Dorado For summoning a jury before a Justice of the Peace, three Fees. dollars. For taking a bond required by law to be taken, one dollar. For serving an attachment against the property of a defendant, three 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 expenses necessarily incurred. For collecting all sums on execution, four per cent, to be charged against the defendant in the execution. Constables shall receive, in serving summons, attachment, 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,) fifty cents. For serving a warrant, or order for the delivery of personal property, or making an arrest in civil cases, three dollars. For copy of any writ, process, or other paper, when demanded, or required by law, for each folio, forty cents. For serving every notice, rule, or order, one dollar. For making and posting notices and advertising property for sale on execution, or under any judgment, or order of sale, not to include the cost of publication in newspaper, three dollars. For serving a writ of possession or restitution, putting any person entitled into possession of premises, and removing occupants, five dollars. For trouble and expense in taking possession of property under attachment or execution, or other process, and of preserving the same, such compensation as the Court from which the writ or order may issue shall certify to be just and reasonable. For making every arrest, three dollars. For every mile necessarily travelled in the service of any criminal process, twenty cents, and the same mileage for taking prisoner before a Magistrate or to prison; but in no case shall mileage be allowed for such service unless the points travelled to and from, and the distances between such points, be clearly and distinctly stated by the officer making such service. For summoning a jury in criminal cases, three dollars. In serving subpoenas or venires in criminal cases mileage shall be allowed for the most distant only, where witnesses or jurors live in the same direction. For the transportation of prisoners, the actual expenses of such transportation shall be allowed. SEC. 2. All Acts and parts of Acts relating to fees of Constables of El Dorado County are hereby repealed. SEC. 3. This Act shall take effect from and after its passage. |