Eighth Judicial Attached to the dicial District of the State; until said county shall be fully organized under this Act, it shall be attached to Trinity county for all judicial purposes. District. Attached to Trinity for Judicial purposes until organized. County officers SEC. 17. All township officers chosen at the last general election for Trinity county, whose districts by this Act may be included residing in new within the present limits of Humboldt county, shall continue to hold continue in office. their respective offices for said county of Humboldt during the term for which they were elected, and until their successors are elected and qualified. county to Clerk of Trinity county to furnish copies of papers to the county of Humboldt. SEC. 18. The Clerk of Trinity county, upon application and payment of his fees, shall transmit to the Clerk's office of the county of Humboldt, certified copies of all deeds or other papers recorded in his office as Recorder, wherein the subject matter of such deed or other paper is situate in Humboldt county. Said Clerk of Trinity county shall transmit as aforesaid all files in his office, wherein both parties reside in Humboldt county, or when the subject matter is situate in said county, and for this the Clerk shall receive the fees allowed by law. The said Clerk shall also transmit as aforesaid, and upon like conditions, all papers and files relating to unfinished actions, or proceedings in the notice of actions, whether original or on appeal, wherein both parties reside in said Humboldt county, or (of local action) where the subject matter in controversy, if situate in said county of Humboldt. Approved May 12, 1858. Duties of District CHAPTER CXV. AN ACT Concerning the Auditing of Accounts by the Court of The People of the State of California, represented in Senate and SECTION 1. The District Attorney, when not in attendance upon the District Court or Court of Sessions as criminal prosecutor, shall attend the sittings of the Board of Supervisors or Court of Sessions, (as the case may be,) when engaged in auditing accounts and claims brought against the county, and in all cases oppose such accounts or claims as he may deem unjust, illegal or extortionate. claims against SEC. 2. No District Attorney, except for his own services, shall not act as shall be allowed to present any claim, account or demand for al- attorney for lowance against his own county, or in any way to advocate the his own county. relief asked on the claim or demand made by another. appear and SEC. 3. Any person being a citizen and tax-payer of the coun- Parties may ty in which he resides, may appear before the Board of Supervi- oppose claims. sors or Court of Sessions, (as the case may be,) and oppose the allowance of any claim or demand made against the county; Pro- Except in cases vided, however, that the provisions of this section shall not apply allowed by to cases, where fees are prescribed by statute. Approved, May 12, 1853. statute. fees are CHAPTER CXVI. AN ACT To amend an Act entitled "An Act defining the rights The People of the State of California, represented in Senate and amended. property. SECTION 1. The ninth section of the " Act defining the rights Former Act of Husband and Wife," passed on the seventeenth April, one thousand eight hundred and fifty, is amended to read as follows: Power of The husband shall have the entire management and control of the husband over common property, with the like absolute power of disposition, as common of his own separate estate; and the rents and profits of the separate estate of either husband or wife shall be deemed common property; unless in the case of the separate property of the wife, Income of it shall be provided by the terms of the instrument whereby such party. property may have been bequeathed, devised or given to her, that wife to have the rents and profits thereof shall be applied to her sole and sepa- entire control of rate use; in which case the entire management and disposal of property. the rents and profits of such property shall belong to the wife, Not liable for and shall not be liable for the debts of the husband. Approved, May 12, 1853. property. bequeathed husband's debts. Former Act repealed. Property of the CHAPTER CXVII. AN ACT To repeal "An Act creating the office of Superintendent of Public Buildings and Property, and defining the duties of that office." The People of the State of California, represented in Senate and SECTION 1. An Act creating the office of Superintendent of Public Buildings and Property, and defining the duties of that office, passed April twenty-fifth, one thousand eight hundred and fifty-one, is hereby repealed. SEC. 2. The property of this State in buildings, furniture, and other materials, heretofore under the charge of the Superintendent of Public Buildings, shall hereafter be, and remain under the charge of the Secretary of State. Approved, May 12, 1853. Name changed. CHAPTER CXVIII. AN ACT To change the name of Alfred Morgan to Alfred Grey The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for the person heretofore bearing the name of Alfred Morgan, to change the same to Alfred Grey Morgan. Approved, May 12, 1853. CHAPTER CXIX. AN ACT To repeal "An Act to provide for the Payment of State The People of the State of California, represented in Senate and SECTION 1. That " an Act to provide for the payment of State Former Act Prison Inspectors," approved May third, one thousand, eight hun- repealed. dred and fifty-two be, and the same is hereby repealed. Approved, May 12, 1853. CHAPTER CXX. AN ACT To provide for the Construction of a Canal from Tulare The People of the State of California, represented in Senate and Certain persons authorized to construct a canal. SECTION 1. Blanton McAlpin, John Bowling, Jacob S. Cohen, Elam Covington, and William Roach, and their associates, are hereby granted, and the same to them is hereby fully confirmed, the right and privilege to construct and put in operation a canal from the Tulare lake to the waters of the San Joaquin, at such points and terminus on said waters as they may select; Provided, that nothing herein contained shall be construed to the prejudice certain interests of the interests of the State, or of private individuals, to any lands not to be covered by water that may be drained by said canal. SEC. 2. The said grantees shall have, and are hereby granted, for the construction of said canal, the full right of way through any and all lands belonging to this State, and also across or on prejudiced thereby. Right of way granted. Conditions. Canal to be in operation in three years. Grantees to be Act." Donation of land to aid in constructing canal. any streets, roads, or highways established by law; Provided, that such streets, roads and highways shall not, in any manner, be obstructed by said grantees. SEC. 3. The said grantees shall construct and put in operation the said canal from and within three years of the passage of this Act. SEC. 4. With the exception of the powers herein granted, the said grantees and constructors of said canal shall be always governed by and conform to the now existing laws of the State with regard to the Act concerning corporations. SEC. 5. For the purpose of enabling the said grantees to carry into effect the construction of said canal without molestation, two hundred feet of any land belonging to the State on each side of said canal as may be constructed, is hereby granted and confirmed to said grantees; Provided, that said grantees shall keep open on to be kept open. each side of said canal a public highway, free of any expense or charge for the same. Public highway Grant to be annulled for Act. SEC. 6. Any violation of the provisions of this Act on the part violation of this of said grantees and their associates, shall be considered an annulment of this grant, and upon suit of any interested person, and proof thereof being made before any court of competent jurisdiction, the same may be declared null and void. Penalty for injury to company. SEC. 7. Any person or persons who shall injure, molest, or property of the destroy any part of said canal, or any material or property belonging thereto, shall, on conviction thereof, be punished by a fine not less than five hundred nor more than two thousand dollars, and imprisonment not less than six months nor more than twelve months for each offence, and shall likewise be liable to the party damaged in a civil action for the entire damages thereby incurred. Canal declared navigable. be fixed by SEC. 8. The said canal when completed is hereby declared navigable, and the said grantees, and their associates and assigns, shall have the right to charge and receive such toll for passing Rates of toll to through and navigating said canal, as may be fixed by the Legislature, or so long as it neglects to do so, by the Board of Supervisors of the counties within which it is located; Provided, said canal shall be of a uniform width of at least twenty-five feet, and of a depth of at least six feet. Legislature or To remain the property of SEC. 9. The said canal shall remain the property of the pargrantees for fifty ties herein named, their assigns or executors, for the period of fifty years, after which time it shall revert to and become the property of the State. years. Approved, May 12, 1853. |