six, Article Four, of the Constitution, divide the Senators by lot, Allotment. as equally as may be, into two classes, which allotment shall be made as follows: The Senators from the nineteen districts wherein one Senator is elected in each, shall be allotted so that nine shall belong to the first class; the Senators from each of the eight districts wherein two Senators are elected, shall be so allotted that one from each shall belong to the first class; and the Senators from the Eighth District, wherein five Senators are elected, shall be so allotted that three shall belong to the first class. The seats of the Senators of the first class shall be vacated at the expiration of the second year, so that one half of the whole number of Senators shall be elected every two years. SEC. 3. Section thirty-one of the above entitled Act is hereby amended so as to read as follows: Section 31. There shall be elected at the general election in Election. the year one thousand eight hundred and sixty-five, and every two years thereafter, a number of Senators corresponding with the number of Senators whose term of office shall expire on the first Monday of December following said election. SEC. 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. CHAP. CCCCXXXII.-An Act conferring further powers on the [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The present Board of Levee Commissioners of Powers. the City of Sacramento, and their successors in office, shall, in addition to any other powers granted to them, also have power to dredge, or in any other manner deemed expedient to clear the channel of the American or Sacramento Rivers, or either or both of them, or to change the channel of either or both of said rivers in front of or along the City of Sacramento, either in whole or in part, as said Board may see proper; and said Board is hereby given the power to build any dam, boom, weir, wharf, jetty, or other matter or thing, either in the County of Yolo or in the County of Sacramento, or in part in each of said counties, as in the opinion of said Board may be necessary and proper to keep the channel of the Sacramento, in front of the City of Sacramento, free and open for the navigation of first class steamboats; and said Board may cut or dig any canal, ditch, slough, or outlet, in either of the aforesaid counties, and may use all other means and appliances whatever to accomplish such purpose and maintain said river in such condition. SEC. 2. For the purpose of enabling the aforesaid Board to exercise the powers granted in the first section of this Act, it is hereby authorized to enter upon, take, and condemn, for public use, in the manner provided in the Act of April ninth, eighteen Duties of Tax. hundred and sixty-two, entitled an Act concerning the construction and repair of levees in the County of Sacramento, and the mode of raising revenue therefor, so much of any private property, either real or personal, either in Sacramento or Yolo County, as may, in the judgment of said Board, be required for a perfect accomplishment and fulfilment of its powers under the first section of this Act; and said Board is hereby authorized to take and use any land belonging to the State which may be necessary to carry into full effect the provisions of this Act; and, provided, further, that all immediate and actual damages that may accrue against private property by the construction of said booms, wharfs, and jetties, shall be paid according to and in the manner provided in this Act. SEC. 3. If the Board determine to exercise the powers granted by this Act, they shall make an estimate of the amount of money required for the purpose, and transmit said estimate to the Board of Trustees of the City of Sacramento, who shall thereupon levy a tax on all the taxable property in the City of Sacramento sufficient to raise said sum; provided, however, said tax shall not exceed twenty-five cents on each one hundred dollars of taxable property; and, provided, further, that said Board of Commissioners may appropriate to the purposes of this Act any other funds under their control. SEC. 4. The tax levied under the provisions of this Act shall be levied upon the assessment roll of the then current year, and be collected upon said roll in the same manner as other city taxes. SEC. 5. This Act shall take effect immediately. Right of way granted. CHAP. CCCCXXXIII.-An Act granting the Right of Way and to encourage the Construction of a Line of Telegraph from San Francisco to Unionville, in Nevada Territory. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The right and privilege to construct and put in operation a line of telegraph from the City of San Francisco to the Town of Unionville, in Nevada Territory, by way of Napa City, Nevada City, Virginia City, Carson City, and Dayton, is hereby granted to John B. Watson and his assigns, with right of way over any lands belonging to this State, and on or along any streets, roads, or highways, and across any streams within this State; provided, they do not obstruct the same; and no person shall be allowed within this State to locate, or construct, or run any telegraph line, or any portion thereof, within half a mile of the line or route selected by the said Watson or his assigns, except that when within half a mile of any incorporated city, the proprietors of any similar line of telegraph may enter said city and depart therefrom, making their station therein within twenty yards of the station of the said Watson or his assigns; provided, that said grantee, or his assigns, shall, within fifteen months from the time this Act takes effect, construct and put in operation a telegraph line from the City of San Francisco to the Town of Unionville, by way of the places aforesaid; provided, also, that this Act shall not prohibit the construction of local side lines, but other lines shall not be constructed nor offices established within this State so as to do business, directly or indirectly, between the places aforesaid; but side lines may establish offices in said places for the transmission of dispatches to and from the main line. This line shall be bound to do the business of side lines, and to transmit all dispatches, in the order in which they are received, under the penalty of one hundred dollars, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order; provided, Proviso. however, that an arrangement may be made with the proprietors or publishers of newspapers for the transmission of intelligence of general and public interest out of its order; and, provided, further, that preference may be given to Sheriffs, and other civil officers, for the transmission of intelligence for the detection and capture of criminals; and, provided, that the owners of this line shall, at all times, conform to the present law of the State concerning telegraph companies, so far as relates to the transmission of messages; provided, that nothing herein contained shall be so construed as in anywise to affect the lines of the California State Telegraph Company, or any other lines already established. SEC. 2. From and after three years from the completion of Conditions. said telegraph line, the said Watson and his assigns shall pay to the Treasurer of State three per cent of the net proceeds of said line, which payment shall be made on the first Monday of May in each year. SEC. 3. All messages on public business shall be sent by the State over said line to any of the places aforesaid free of charge. SEC. 4. This Act is passed and the privileges herein named Reservations are granted upon the express condition that this Act may at any time be altered, amended, or repealed by the Legislature, and all the privileges herein granted absolutely abolished and annulled, without any reclamation for damages on the part of the said grantee or his assigns. CHAP. CCCCXXXIV.-An Act to grant the Right of Way for a Line of Telegraph from San Francisco to Crescent City. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The right to construct and put in operation a line Franchise. of telegraph from the City of San Francisco to Crescent City, by way of Petaluma, Santa Rosa, Healdsburg, Ukiah City, and Eureka, is hereby granted to John B. Watson and his assigns, with right of way over any lands belonging to this State, and on or along any streets, roads, or highways, and across any streams; provided, they do not obstruct the same; and no person shall be allowed to locate, or construct, or run any telegraph line, or any portion thereof, within a half a mile of the line or route selected by the said Watson or his assigns; provided, that the said grantee or his assigns shall, within fifteen months from the time when this Act takes effect, construct and put in operation a line of telegraph from the City of San Francisco to Eureka, by way of Petaluma, Santa Rosa, Healdsburg, and Ukiah City, and shall, within ten months thereafter, extend said line from Conditions. Eureka to Crescent City; provided, also, that this Act shall not prohibit the construction of local side lines; but no other line shall be constructed nor offices established so as to do business, directly or indirectly, between the places aforesaid; but side lines may establish offices in said places for the transmission of dispatches to and from the main line. This line shall be bound to do the business of side lines, and to transmit all dispatches in the order in which they are received, under the penalty of one hundred dollars, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order; provided, however that an arrangement may be made with the proprietors or publishers of newspapers for the transmission, for the purpose of publication, of intelligence of public and general interest out of its order; and, provided, further, that preference may be given to Sheriffs and other officers for the transmission of intelligence for the detection and capture of criminals; and the owners of this line shall at all times conform to the present law of the State concerning telegraph companies, so far as relates to the transmission of messages; provided, that nothing herein contained shall be so construed as in anywise to affect the lines of the California State Telegraph Company, or any other existing lines of telegraph. Reservations SEC. 2. From and after three years from the completion of said telegraph line, the said grantee and his assigns shall pay to the Treasurer of State three per cent of the net proceeds of said line, which payment shall be made on the first Monday of May of each year. SEC. 3. From and after seven years this Act may be altered, amended, or repealed, by the Legislature, and all the privileges herein named absolutely revoked and annulled. SEC. 4. The State may send its messages over said line to any of said places on public business free of charge. CHAP. CCCCXXXV.-An Act to amend an Act to provide for the Collection of the Taxes on Personal Property in the City and County of San Francisco, approved May ninth, eighteen hundred and sixty two. [Approved April 27, 1863.] The People of the State of California, represented in Senate and property SECTION 1. Section seven of said Act is hereby amended so as to read as follows: Section 7. In seizing and selling property in accordance Sale of with section six of this Act, the Tax Collector shall be governed for taxes. by his judgment as to the quantity necessary to satisfy the taxes due, and costs; and should the quantity taken by him prove more than necessary for the purpose named, the portion remaining unsold may be left at the place of sale, at the risk of and subject to the order of the person or persons delinquent, and all proceeds of sales, over and above the amount due for taxes and costs, shall be returned by the Tax Collector to the person or persons on whose account the sale was made; and in case said person or persons cannot be found, or shall decline to receive said balance, then the Tax Collector shall deposit the amount with the County Treasurer, subject to the order of said person or persons; and if the same be not demanded within six months from the date of deposit, then the Treasurer shall pay the same into the County Treasury. And in case no visible personal property can be found, or when the property of an incorporated company shall be assessed, and the owner or owners of such personal property or such incorporated companies do not pay said taxes on or before the first Monday of August of each year, it shall be the duty of the Tax Collector to commence an action against the owner or owners of such personal property, and such incorporated company or companies, in any Court in said city and county having jurisdiction, for the amount of taxes against said personal property, or against said incorporated companies; and if judgment shall be obtained against the defendants in said actions, ten per cent over and above the amount due shall be taxed and added to the costs Costs. against the defendants, for Attorney's fees, and all other costs of prosecution; said ten per cent to be paid into the Urgent Necessity Fund of said city and county; and it is hereby made the duty of the District Attorney of said city and county to prosecute said actions when required by the Tax Collector. |