Certificate of sale. Appeal. Tender of money. Judgment. and claim, of the judgment debtor thereto; and when the estate First-A particular description of the real property sold. Fourth-When subject to redemption, it shall be so stated. And when the judgment, under which the sale has been made, is made payable in a specified kind of money or currency, the certificate shall also state the kind of money or currency in which such redemption may be made, which shall be the same as that specified in the judgment. A duplicate of such certificate shall be filed by the officer in the office of the Recorder of the county. SEC. 7. Section three hundred and forty-nine of said Act is amended so as to read as follows: Section 349. If the appeal be from a judgment or order directing the payment of money, it shall not stay the execution of the judgment or order, unless a written undertaking be executed on the part of the appellant, by two or more sureties, stating their places of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order, that if the judgment or order appealed from, or any part thereof, be affirmed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal. When the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in such judgment. SEC. 8. Section two hundred and thirty-three of said Act is amended so as to read as follows: Section 233. The payments mentioned in the last two sections may be made to the purchaser or redemptioner, as the case may be, or for him, to the officer who made the sale. When the judgment under which the sale has been made is payable in a specified kind of money or currency, said payments shall be made in the same kind of money or currency, and a tender of the money shall be equivalent to payment. SEC. 9. Section five hundred and ninety-four of said Act, as amended by section fifty of an Act entitled an Act amendatory of and supplementary to the Act entitled an Act to regulate proceedings in civil cases in the Courts of Justice of this State, passed May fifteenth, eighteen hundred and fifty-four, is amended so as to read as follows: Section 594. Upon a verdict, the Justice shall immediately render judgment accordingly. When the trial is by the Justice, judgment shall be entered immediately after the close of the trial, if the defendant has been arrested and is still in custody, in other cases it shall be entered within four days after the close of the trial. If the action be on a contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, or have voluntarily appeared, if the contract be a several or a joint and several contract; but if the contract be a joint contract only, the judgment shall be entered up against all the defendants, but shall only be enforced against the joint property of all, and the individual property of the defendants served, or who have voluntarily appeared in the action. In an action on a contract or obligation in writing for the direct payment of money, made payable in a specified kind of money or currency, judgment for the plaintiff, whether the same be by default or after verdict, may follow the contract or obligation, and be made payable in the kind of money or currency specified therein. SEC. 10. This Act shall be in force and take effect from and after its passage. CHAP. CCCCXXII.—An Act to ratify and confirm a certain Ordinance passed by the Common Council of the City of Oakland, and approved by the Mayor of said City, November twentieth, eighteen hundred and sixty-one. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. WHEREAS, The Common Council of the City of Preamble. Oakland passed an ordinance, approved by the Mayor, on the twentieth day of November, A. D. one thousand eight hundred and sixty-one, which ordinance is in the words and figures following, to wit: AN ORDINANCE CONCERNING THE SAN FRANCISCO AND OAKLAND "The Council of the City of Oakland do ordain as follows: "SECTION 1. The right of way along Seventh street, from Ordinance. its easterly limits to or near its junction with Market street, and from thence in a straight line to the western boundary of the city, which line is represented on a map filed with the Clerk of the Council, and marked 'San Francisco and Oakland Railroad Company, Exhibit B,' is hereby granted and released to the San Francisco and Oakland Railroad Company, for the purpose of laying a single or double railroad track, and the necessary side tracks, along said street and line, and running cars and carrying passengers and freight thereon; said main track or tracks shall not be laid nearer than fifteen feet to the line of the sidewalk on either side, and shall be made to conform to the grade of the street, and to present a level surface with the street at each street crossing. "SEC. 2. The said company shall have the privilege of erecting upon Seventh street, at or near its intersection with Broadway, a platform or depot, for the shelter of passengers and Ordinance. baggage, according to the dimensions and in a location designated upon a map filed with the Clerk of the Council, and marked San Francisco and Oakland Railroad Company, Exhibit A.' Preamble "SEC. 3. For and in consideration of promoting the construction of said railroad, and the advantages accruing to the City of Oakland therefrom, and in consideration of one dollar, and upon the condition that the said San Francisco and Oakland Railroad Company shall, within three years from this date, complete said road and bridge upon the line designated on the aforesaid map, marked Exhibit B, the use of that portion of the overflowed land situated at the western terminus of the said projected road, and bounded by the main land on the east, and on the north and south by two parallel lines, each two hundred and fifty feet distant from the centre line of said bridge, and extending from the main land to the western limits of the city, is hereby granted and released to said company for the term of fifty years, and for such further time as the corporate franchise of said company shall be extended; and the Mayor of the city is hereby authorized to make, execute, and deliver to said company a conveyance, on the conditions aforesaid, of the same; provided, that if, at any future time, the City of Oakland shall lay out and establish a public street within the limits of said tract, and parallel with and adjoining said bridge, or crossing the said road at any point not occupied by the buildings of said company, said company shall claim no damages therefor. "Passed Nov. 14th, 1861. "(Signed :) "Approved Nov. 20th, 1861. 66 E. GIBBONS, "Pres't Council. J. P. M. DAVIS, "Mayor of the City of Oakland." AND, WHEREAS, In pursuance of the aforesaid ordinance, the Mayor of the said City of Oakland did, on the twenty-fifth day of November, A. D. one thousand eight hundred and sixty-one, execute a deed, which said deed is in the words and figures following, to wit: "WHEREAS, On the 14th day of November, A. D. 1861, the Common Council of the City of Oakland passed an ordinance entitled 'An Ordinance concerning the San Francisco and Oakland Railroad,' which was afterwards duly approved by the Mayor of said city, on the 20th day of November, A. D. 1861, which said ordinance is in the words and figures following, to wit: "AN ORDINANCE CONCERNING THE SAN FRANCISCO AND OAKLAND RAILROAD. "The Council of the City of Oakland do ordain as follows: "SECTION 1. The right of way along Seventh street, from its easterly limits to or near its junction with Market street, and from thence in a straight line to the western boundary of the city, which line is represented on a map filed with the Clerk of the Council, and marked "San Francisco and Oakland Railroad Company, Exhibit B," is hereby granted and released to the Ordinance. San Francisco and Oakland Railroad Company, for the purpose of laying a single or double railroad track, and the necessary side tracks, along said street and line, and running cars and carrying passengers and freight thereon. Said main track or tracks shall not be laid nearer than fifteen feet to the line of the sidewalk on either side, and shall be made to conform to the grade of the street, and to present a level surface with the street at each street crossing. "SEC. 2. The said company shall have the privilege of erecting upon Seventh street, at or near its intersection with Broadway, a platform or depot, for the shelter of passengers and baggage, according to the dimensions and in a location designated upon a map filed with the Clerk of the Council, and marked 66 San Francisco and Oakland Railroad, Exhibit A." "SEC. 3. For and in consideration of promoting the construction of said railroad, and the advantages accruing to the City of Oakland therefrom, and in consideration of one dollar, and upon the condition that the said San Francisco and Oakland Railroad Company shall, within three years from this date, complete said road and bridge upon the line designated on the aforesaid map, marked Exhibit B, the use of that portion of the overflowed land situated at the western terminus of the said projected road, and bounded by the main land on the east, and on the north and south by two parallel lines, each two hundred and fifty feet distant from the centre line of said bridge, and extending to the western limits of the city, is hereby granted and released to said company for the term of fifty years, and for such further time as the corporate franchise of said company shall be extended; and the Mayor of the city is hereby authorized to make, execute and deliver to said company a conveyance, on the conditions aforesaid, of the same; provided, that if, at any future time, the City of Oakland shall lay out and establish a public street within the limits of said tract, and parallel with and adjoining said bridge, or crossing the said road at any point not occupied by the buildings of said company, said company shall claim no damages therefor. "AND WHEREAS, By the said ordinance, the Mayor of said Ordinance city is authorized to make, execute, and deliver to said railroad company a conveyance of the tract of land mentioned in said ordinance on the conditions therein set forth; now, therefore, by virtue of the authority vested in me by said ordinance, for and in behalf of said City of Oakland, in consideration of promoting the construction of said railroad, and the advantages to accrue to said City of Oakland therefrom, and in the further consideration of one dollar, and upon the conditions that said railroad company shall, within three years from this date, complete said railroad and bridge upon the line designated upon a Ordinance. certain map, copies of which are on file in the archives of said city, and in the office of County Recorder of Alameda County, marked San Francisco and Oakland Railroad Company, exhibit B,' I, J. P. M. Davis, the Mayor of said city, do grant and release to the San Francisco and Oakland Railroad Company the use of all that portion of the overflowed land situated at the western terminus of the said projected road, and bounded by the main land on the east, and on the north and south by two parallel lines, each two hundred and fifty-feet distant from the centre line of said bridge, and extending from the main land to the western limits of said city, as will more particularly appear by reference to said map marked B, as aforesaid. To have and to hold the above described premises unto the said San Francisco and Oakland Railroad Company, for the use of said railroad, for the term of fifty years from the date hereof, and for such further time as the corporate franchise of said company shall be extended, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any way appertaining. But if, at any time, the City of Oakland shall lay out and establish a public street within the limits of said tract, and parallel to and adjoining said bridge, or crossing said road at any point not occupied by the buildings of said company, said company shall claim no damages therefor. Ordinance "In witness whereof, I have hereunto set my hand and caused the corporate seal of said city to be affixed, this twenty-fifth day of November, A. D. eighteen hundred and sixty-one. "(Signed.) SEAL OF THE CITY OF OAKLAND. J. P. M. DAVIS, [SEAL.] "Mayor of the City of Oakland." Be it, therefore, enacted, That the said ordinance, and deed execonfirmed. cuted in pursuance thereof, above named and recited, be and the same are hereby ratified and confirmed, and declared legal and valid, according to the terms and conditions therein named; provided, that the rates of toll on said wharf, if any shall ever be charged, shall be regulated from time to time, and be under the control of the Common Council of the City of Oakland; provided, that nothing herein contained shall prejudice or in any manner affect the rights, either legal or equitable, of any private person not a party to the deed hereinabove recited; provided, that the rights and franchises herein granted shall not continue for a longer period than fifty years. |