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cent per annum upon the cost of constructing said turnpike and bridges, over and above the expenses of collection and keeping said turnpike and bridges in repair; and provided, further, that no toll gate shall be established within one half mile of the point where said turnpike road crosses Sutter Creek.

SEC. 6. Said company shall keep at each end of said turnpike Signboard. road, a sign board, which shall show the scale of prices and the regulations of the road.

SEC. 7. Nothing in this Act shall be so construed as to deprive one Hoyt of any rights which he may have acquired from the Board of Supervisors of said County of Amador, for the construction of a bridge and collection of tolls thereon, near the "Q Ranch," on said road.

SEC. 8. This Act shall take effect from and after its passage.

CHAP. LXXXV.-An Act to amend an Act entitled an Act concerning District Attorneys, passed April twenty-ninth, eighteen hundred and fifty-one.

[Approved March 21, 1863.]

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

SECTION 1.

as follows:

Section two of said Act is amended so as to read

Bond.

Section 2. Before entering upon the duties of his office, he shall execute and file with the County Clerk a bond to the State in the sum of ten thousand dollars, which sum may be increased or diminished by the Board of Supervisors, conditioned for the faithful performance of his duties. Each District Attorney Deputies. may appoint one or more Deputies, not to exceed two, who shall have the same power in all respects as their principal. The appointment shall be in writing, and be signed by the District Attorney, and shall be filed in the office of the Recorder of the County. He may revoke the appointment of any Deputy at will, by writing, filed in the same office. Each Deputy, before oath. entering upon his duties, shall take the oath of office, which shall be indorsed on his appointment. The District Attorney Bond. may take from each of his Deputies a bond with sureties for the faithful performance of his duties; but the District Attorney, and the sureties on his bond, shall be liable for all the official Liability of acts of each Deputy; provided, such Deputy shall receive his com- District pensation from his principal, and no additional fees or salary shall be allowed any District Atttorney for such purpose; and, provided, further, that the provisions of this Act shall not apply to the City and County of San Francisco.

SEC. 2. An Act authorizing the District Attorneys of the Counties of Mariposa and Sutter to appoint Deputies, approved February eleventh, eighteen hundred [and] sixty-two, is hereby repealed.

Attorney.

Powera conferred.

Duty of
Auditor.

CHAP. LXXXVI.-An Act to amend an Act entitled an Act granting certain powers to the Board of Education of the City and County of San Francisco, approved April twenty-sixth, eighteen hundred [and] fifty-eight.

[Approved March 21, 1863.]

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

SECTION 1. Section second of said Act is hereby amended so as to read as follows:

Section 2. The said Trustees shall be and are hereby empowered, in their discretion, to buy and lease real and personal property for the use of said department, and good and valid deeds and conveyances thereof to accept and receive, whenever it may be necessary for the actual use of any Public School of said city and county now established, or that may hereafter be established; provided, the lots to be purchased under the provisions of this section do not exceed four in number; and all conveyances made to the said Board of Education prior to January first, eighteen hundred [and] sixty-two, are hereby legalized and declared valid, and the property therein conveyed vested in the said Trustees in trust, as aforesaid; and the Board of Education of said city and county are hereby authorized to draw warrants, in the usual form, upon the School Fund, when requested so to do by said Trustees, for the purchase money or rent of any real or personal property so purchased or leased by said Trustees under this section; and the Auditor of said city and county is empowered and required to audit such warrants, and the Treasurer to pay the same out of said School Fund; but the total amount thereof shall not exceed the sum of twenty thousand dollars.

SEC. 2. after its

This Act shall take effect and be in force from and passage.

Duties as to

revenue, etc.

CHAP. LXXXVII.-An Act to amend an Act entitled an Act concerning the Office of Controller, passed January nineteenth, eighteen hundred and fifty.

[Approved March 21, 1863.]

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

SECTION 1. Section three of said Act is hereby amended so as to read as follows:

Section 3. He shall digest, prepare, and report to the Governor on the first Monday of November, annually, to be laid before the Legislature at the commencement of each regular session, a complete statement of the condition of the revenues, and the amount of the expenditures for the preceding fiscal year, a full and detailed statement of the public debt, an estimate of

the revenues and expenditures for the succeeding fiscal year, a tabular statement, showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended, a tabular statement showing the amount of revenue chargeable to each county for the preceding year, the aggregate amount of each object of taxation, together with the tax due on the same, and shall report such plans as he may deem expedient for the support of the public credit, for promoting frugality and economy in the public offices, for lessening the public expenses, and generally for the better management and more perfect understanding of the fiscal affairs of the State.

CHAP. LXXXVIII.-An Act to provide for the better keeping, protection, and disbursement of Public Moneys.

[Approved March 24, 1863.]

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

collected.

SECTION 1. It shall be the duty of every officer intrusted Payment of by any law of this State with the collection of any of the pub- moneys lic moneys of this State, or the public moneys of any county, or city and county, or township, or district, or municipal corporation, in this State, to pay over in coin such portion of said public moneys as he shall have received in coin, and in paper currency such portion thereof as he shall have received in said currency, to the officer or officers, person or persons, entitled by any law of this State to receive the same.

SEC. 2. It shall be the duty of every officer intrusted by any Same. law of this State with the custody and disbursement of any of the public moneys of this State, or the public moneys of any county, or city and county, or township, or district, or municipal corporation, in this State, to keep and disburse in coin so much. of said public moneys as he shall have received in coin, and in paper currency so much thereof as he shall have received in said currency.

officers.

SEC. 3. All officers mentioned in sections one and two of this Duties of Act are hereby required to keep all public moneys, while the same are in their custody or under their control, in their own possession; and they are hereby forbidden and prohibited from placing the same, or any part thereof, in the possession of any banker or bankers, or banking firm, or any person or persons whomsoever, to be used by them for any purpose whatever for their own benefit, or for the benefit of any other person or persons; and they are further forbidden and prohibited from loaning, borrowing, or in any manner using said public moneys, or any part thereof, or permitting any other person or persons to use the same, or any part thereof, either with or without interest

Violations of Act.

Penalties.

Proviso.

or other compensation, for any purpose whatever, except as provided by the laws of this State; and they are further forbidden and prohibited from changing or converting said public moneys, or any part thereof, from coin into any paper currency, or from paper currency into any other paper currency or coin. SEC. 4. If any of the officers aforesaid shall violate any of the provisions of this Act, they shall be deemed guilty of felony, and upon conviction thereof in a Court of competent jurisdiction, shall be punished by imprisonment in the State Prison for a period not less than one year, nor more than five years, or by fine not less than five hundred dollars, nor more than ten thonsand; provided, nothing in this Act shall be so construed as to prevent any of said officers, except the State Treasurer, from making special deposits for the safe keeping of the public

moneys.

SEC. 5. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed; provided, that nothing in this Act contained shall be so construed as to release any officer herein named from any liability or penalty which he may have incurred under existing laws.

SEC. 6. This Act shall take effect and be in force on and after thirty days from its passage.

CHAP. LXXXIX.-An Act to repeal Section Second of an Act entitled an Act to provide for the Conveyance of Mining Claims, approved April thirteenth, eighteen hundred and sixty.

[Approved March 26, 1863.]

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

SECTION 1. Section second of said Act is hereby repealed.

Powers of

CHAP. XC.-An Act in relation to the Exempt Fire Company of the City and County of San Francisco.

[Approved March 26, 1863.]

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

SECTION 1. The Board of Supervisors of the City and County Supervisors. of San Francisco are hereby authorized and empowered, in their discretion, to designate and set apart for the use of the Exempt Fire Company in said city and county, the building now occupied by the Manhattan Engine Company, Number Two, situated on Jackson street, near Montgomery, in said city and county; provided, a suitable building be first procured for the use of said

Manhattan Engine Company, Number Two, now occupying the building to be so set apart or designated for the use of the said Exempt Fire Company.

SEC. 2. Said Board of Supervisors are also authorized and Powers of empowered, in their discretion, to allow and order paid out of Supervisors. the General Fund in the Treasury of the City and County of San Francisco, a sum not to exceed eight thousand dollars, ($8,000,) for repairs to such building, and for the purchase of apparatus for the Exempt Fire Company; and the Auditor is hereby directed to audit, and the Treasurer to pay, such sums as are authorized to be paid by this section.

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

CHAP. XCI.-An Act to allow James E. Nuttman, Marcus Harlow. and their associates or assigns, to construct and maintain a Toll Road in the County of San Mateo.

[Approved March 24, 1863.]

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

SECTION 1. The right to construct and maintain a toll road Franchise. in San Mateo County is hereby granted to James E. Nuttman, Marcus Harlow, and their associates or assigns, for the period of twenty-five years from the passage of this Act; said road to begin at the point of intersection where the present County Road crosses the northern boundary line between San Mateo and San Francisco counties, and thence with said county road to the point where the same intersects with the southern boundary line of San Mateo County.

SEC. 2. The parties named in section one of this Act, their Conditions. associates or assigns, shall, within one year from and after the passage of this Act, open, grade, and construct said road, to the width of at least thirty feet, and shall, at all times, keep and maintain the same in thorough repair, taking and receiving for the use of said road from the public such tolls as are hereinafter specified For horse, mule, and rider, twenty-five cents; for each Tolls. led or drove horse or mule, ten cents; for vehicle drawn by horse or mule, twenty-five cents; for vehicle drawn by two horses or mules, fifty cents; for vehicle drawn by four or more horses or mules, one dollar; for drove of cattle, per head, five cents; for sheep, hogs, or other animals, each, two cents; and said parties shall have the right to erect suitable toll gates, to collect the rates of toll above named, as soon as said road is completed to the San Bruno House.

SEC. 3. The said James E. Nuttman, Marcus Harlow, their Rights of associates or assigns, shall have the right to take, condemn, and grantees. appropriate such lands as may be necessary for the construction of said road or the right of way thereof, upon paying to the owners or claimants of said lands its ascertained value, according

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