Terms fixed. CHAP. LXXII.-An Act fixing the time for holding the Terms of the [Approved March 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. The terms of the District Court in and for the SEC. 2. This Act shall take effect from and after its passage. Officers. Election. CHAP. LXXIII.-An Act to establish and regulate the Fire Depart-. ment of the Town of Downieville. [Approved March 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Fire Department of the Town of Downieville shall consist of a Chief Engineer, a First Assistant Engineer, a Second Assistant Engineer, a President, a Secretary, a Treasurer, a Board of Delegates, and such companies as now compose, and as hereafter may be admitted thereto, in accordance with the provisions of this Act. SEC. 2. There shall be an election held on the first Monday of January in each year, for a Chief Engineer, and two Assistant Engineers. The President of the Department shall call said election, giving notice thereof by two publications in a newspaper printed in the Town of Downieville. The Board of Delegates shall appoint, to conduct said election, two Judges, each from a different company, who, together with their Clerks, shall take and subscribe an oath to faithfully discharge their duties. Said Judges shall, for the purposes of said election, have power to administer oaths and affirmations. Said election shall be held at such time and place as the Board of Delegates may appoint. The returns of said election, duly certified, shall be forwarded to the Secretary of the Department within three days thereafter, and be by him transmitted to the Board of Delegates, who shall convene within five days after said election, and declare the result. The person having the highest number of votes for the office of Chief Engineer, and First and Second Assistant Engineer, respectively, shall be declared elected for the term of one year, or until his successor is elected and qualified. Contested elections for either of said offices shall be decided by a majority of the Board of Delegates; and should a tie vote occur for either of said offices, the Board shall, by a majority of its members, determine which of those having received such tie vote, shall hold the office. SEC. 3. Each company shall, on the first Monday of Decem- Board of ber, in each year, elect three of its members to the Board of Delegates. Delegates, which Board shall consist of such three representatives from each company, who, before entering upon the duties of their office, shall take and subscribe an oath, (to be administered by the President of the Fire Department,) to well and truly perform the duties of Delegates, as prescribed by the laws governing the Department. The Board shall assemble on the Meetings. second Monday of December, in each year, and then and there organize by the election of a President, Secretary, and Treasurer, whose terms of office shall be for one year, and until their successors are duly elected and qualified. The President and Treasurer shall be elected from among the Delegates, and the Secretary from the Department at large. The Secretary shall take and subscribe an oath, (to be administered by the President,) to perform the duties of the office faithfully, and in accordance with the laws of the Department. duties of SEC. 4. The Board of Delegates shall make laws for the Powers and government of the Department, not inconsistent with this Act; Board. and all laws made by them shall be binding on every company, officer, or member of the Department; and any company, officer, or member, who shall violate any of said laws, or any of the provisions of this Act, or who shall refuse to obey the lawful orders of the Chief or Assistant Engineers, shall, upon complaint, be tried by the Board, and if found guilty, be censured, suspended, removed from office, or expelled from the Fire Department, as a majority of the Board in its judgment may direct. SEC. 5. A company shall be composed of not more than Fire thirty nor less than fifteen active members, of the full age of companies. twenty-one years, all of whom must be duly registered members of the Department. The officers of a company shall be officers. a Foreman, at least one Assistant Foreman, a Secretary, and a Treasurer. SEC. 6. A company, (except those already organized,) desir- Application" ing admission into the Department, must make application to of coumanies the Board of Delegates, accompanying such application with a sion. copy of their constitution, signed by at least twenty males of the age of twenty-one years, the names of their officers, and the location they desire; and should the Board, by vote of a majority of its members, decide to recommend the admission of said company, the Secretary of the Department shall forward. to the Board of Trustees of the Town of Downieville a certificate of such recommendation, together with all papers received from such company. If such recommendation receive the approval of said Board of Trustees, the company shall be declared admitted into the Department, and shall be furnished with the proper apparatus. of compa nies. SEC. 7. Whenever a company, by reason of deaths, resigna- Disbanding tions, or expulsions, shall have reduced its roll to less than fifteen active registered members, it shall be the duty of the Secretary of the Department to forthwith notify the Chief Engineer and the Foreman of the company of the fact; and it shall be the duty of the Chief Engineer to suspend such company until the next stated meeting of the Board of Delegates, when, unless a major Chief Engi neer to report. Work and supplies for Fire Department. Proviso. Chief Engineer may call upon Penalty for refusal. ity of the members composing the same decide to re-instate the company, it shall be disbanded. SEC. 8. The Chief Engineer shall report to the Board of Trustees of the Town of Downieville semi-annually, at their meetings in June and December, the condition of the Department, the condition of reservoirs and fire apparatus, the state of the fire company houses, and of all property of the town in keeping of said Department; also, an account of all fires which may have taken place, with the causes thereof, if ascertained, and a description of the property destroyed or injured, with the names of the owners of the same; also, such other information and such recommendations as he may deem proper. SEC. 9. The Board of Trustees of the Town of Downieville shall have sole power to order work and supplies for the Department; and all proposals for the same shall be opened by the Chief Engineer, in presence of a majority of the Committee on Fire and Water of said Board, and by them, without unreasonable delay, awarded to the lowest responsible bidder, reserving the right, however, to reject all bids, if none are found suitable; provided, that the Chief Engineer may order work done for repairs required immediately, and rendered necessary by unforeseen accident, when the cost of said work shall not exceed one hundred dollars. All work done for and supplies furnished said Department, shall be under the supervision of the Chief Engineer and a majority of the Fire and Water Committee, and they shall certify all bills for such work and supplies. SEC. 10. The Chief Engineer, or either of the Assistant Engineers, may, when the Fire Department is upon active duty at bystanders. a fire, call upon any bystander to assist in performing fire duty, and if such bystander refuse to render the assistance demanded, either of those officers may call upon the Marshal, NightWatchman, or any Trustee of the Town, to arrest such bystander, and it shall be the duty of said Marshal, Night Watchman, or Trustee, to take such bystander into custody, and carry him before a Justice of the Peace in the town. Such Justice of the Peace shall then proceed, unless the matter be adjourned for good cause shown, in a summary way to hear the evidence against and for such person so under arrest, and if a wilful refusal to perform such fire duty be proven, the person offending shall be fined not less than five nor more than twenty dollars, besides the costs, and the Justice may commit the defendant until such fine and costs be paid; provided, that such imprisonment shall not exceed one day for every two dollars of such fine and costs. Upon conviction, the Justice of the Peace shall be entitled to a fee of three dollars, and the Marshal, or Night Watchman, if the arrest be made by either of them, to a fee of two dollars; provided, the same be collected from the defendant, but not otherwise. SEC. 11. No officer or member of the Fire Department shall receive any salary or pay for his services in the Department. CHAP. LXXIV.-An Act to authorize Solomon Miser and his associates to construct and maintain a Turnpike Road at a certain point in Sacramento County. [Approved March 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. Solomon Miser and his associates are hereby au- Franchise. thorized to construct and maintain a turnpike road in the County of Sacramento, commencing at a point upon the road leading from Daylor's Ranch to Placerville, via Shingle Springs, about four and three fourths of a mile from Daylor's Ranch, at a stone house, and running thence in a northeasterly direction through said Miser's land, and through public domain, to Borland's Sheep Ranch, and thence to the top of the Bald Hill, to a point where the Folsom and Michigan Bar road crosses the first named road. SEC. 2. The said grantees, upon the construction and com- Tolls. pletion of said road, are hereby authorized to charge and collect rates of toll for travel and passage upon said road, for the term of twenty years, and the Board of Supervisors of the County of Sacramento shall fix and regulate such rates annually. way. SEC. 3. The right of way for said road is hereby granted to Right of said grantees; provided, that in case the lands of private persons are taken for that purpose, compensation shall be made in the same manner and by the same mode of proceeding as is provided by law for railroad companies to obtain the right of way; and, provided, further, that no part of said road shall run Proviso. upon any public highway or travelled road, except to directly cross the same, and in such case, such crossing shall not obstruct or injure said highway or travelled road. SEC. 4. After the expiration of five years from the comple- County may tion of said road, the County of Sacramento shall have the purchase. right to purchase said road at an appraised value, to be determined by three Appraisers, one to be selected by said county, by appointment of the Board of Supervisors thereof, one by the said grantees, and one by the two Appraisers thus selected; provided, that after such purchase said road shall be a free road. SEC. 5. The rights, privileges, and franchises herein granted, Conditions. are upon the express condition that the construction of said road shall be commenced within two months after the passage of this Act, and shall be completed ready for use within twelve months after the passage of this Act, and shall always be kept in good repair and condition for the use of loaded teams and other vehicles. SEC. 6. This Act shall take effect immediately after its passage. Corporation. Boundaries. Trustees. Elections. Notice of election. Oath. CHAP. LXXV.—An Act to incorporate the Town of Downieville. [Approved March 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. The inhabitants of the district of country hereinafter described, shall be and are hereby declared a corporation, under the name and style of "The Town of Downieville," and by that name they and their successors shall be known in law, and have perpetual succession, may sue and be sued, may purchase, receive, and hold, property for their common benefit, and sell or otherwise dispose of the same, and may have and use a common seal; provided, that said corporation shall neither have nor exercise any powers not expressly authorized by this Act. SEC. 2. The boundaries of the Town of Downieville shall be as follows: Commencing on the Sierra Turnpike, at the northwest corner of Stacy's storehouse; thence in a southerly direction, crossing the North Yuba River, to the southwest corner of Judge Vanclief's dwelling house, on Durgan Flat; thence southeasterly, to the southwest corner of S. D. Hill's dwelling house, on Durgan Flat; thence northeasterly, to the southeast corner of Mr. Towle's dwelling house, on Piety Hill; thence easterly, crossing the South Fork of the North Yuba River, to the southeast corner of M. J. Ayer's house, on Jersey Flat; thence northeasterly, to the southeast corner of J. W. Bailey's dwelling house, on "Bailey's Ranch;" thence north-easterly, crossing the North Fork, to the northeast corner of A. Wheeler's dwelling house, on the North Fork of the North Yuba River; thence westerly, to the northwest corner of S. W. Langton's dwelling house; thence to the place of beginning. SEC. 3. The corporate powers of said town shall be vested in a Board of Trustees, to consist of five members, who shall be elected by the qualified electors of said town, annually, on the first Monday in May, and shall hold office for one year, and until their successors are elected and qualified. SEC. 4. Said Trustees shall be qualified electors, under the general laws of the State, and the elections for said Trustees shall be conducted in accordance with the general election laws of the State. SEC. 5. Said Trustees shall be voted for only by the inhabitants of said town, who are qualified electors under the general laws of the State at the time of said election. SEC. 6. Two weeks notice of said election for Trustees shall be given by the President and Secretary of the Board of Trustees, by publication in a newspaper printed in the Town of Downieville. Said notice shall designate the time and place of holding such election, and shall name one Inspector and two Judges of said election. SEC. 7. Before entering upon their duties, the said Trustees. shall each take and subscribe an oath to support the Constitution of the United States and the Constitution of the State of California, and to perform the duties of Trustee of the Town of Downieville faithfully and to the best of his ability. Said oath |