Amount of bonds limited. Proviso. Proviso. SEC. 6. The bonds of the County of Butte authorized to be issued under this Act shall be irrespective of and in addition to the one hundred and thirty-four thousand dollars issued by said county under the law of March fourteenth, eighteen hundred and sixty, entitled an Act to authorize the County of Butte to purchase and hold two hundred thousand dollars of the first mortgage bonds of the California Northern Railroad Company, and issue bonds of said county for the payment of the same. SEC. 7. Provided, that all the bonds to be purchased and held by the county under the provisions of this bill, and purchased and held under an Act entitled an Act to authorize the County of Butte to purchase and hold two hundred thousand dollars of the first mortgage bonds of the California Northern Railroad Company, and issue bonds of said county for the payment of the same, approved March fourteenth, one thousand eight hundred and sixty, and also, of an Act entitled an Act amendatory of and supplemental to an Act entitled an Act to authorize the County of Butte to purchase and hold two hundred thousand dollars of the first mortgage bonds of the California Northern Railroad Company, and issue bonds of said county for the payment of the same, approved March the twenty-ninth, eighteen hundred and sixty, in the aggregate shall not exceed in amount two hundred thousand dollars. SEC. 8. Provided, that the California Northern Railroad Company is hereby allowed until the first day of November, eighteen hundred and sixty-three, to construct and complete the railroad between the town of Oroville, in Butte County, and tide water, by way of Marysville or Sacramento, or otherwise; provided, that on or before the first day of September, eighteen hundred and sixty-three, the obligors on a certain bond given to the County of Butte, pursuant to section six of Chapter One Hundred and Sixty-Four of the laws of the State of California, passed March twenty-ninth, eighteen hundred and sixty, shall, by themselves, or their duly constituted Attorneys, indorse and execute on said bond the words, "This bond shall be construed to be conditioned for the completion of the California Northern Railroad Company's road by the first of November, eighteen hundred and sixty-three," and upon said indorsement being made said bond shall be deemed and construed to be conditioned for the construction of said road within the time so extended as aforesaid. SEC. 9. This Act shall take effect and be in force from and after its passage. Extension. CHAP. CLXXIX.-An Act to extend the time for the completion of the San Francisco and Marysville Railroad. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. The San Francisco and Marysville Railroad Company is hereby granted until the twenty-sixth day of October, A. D. eighteen hundred and sixty-five, to construct and complete their railroad from the City of Marysville, in Yuba County, to the Town of Benicia or Vallejo, in Solano County, California. And all the rights, franchises, and privileges, heretofore granted to or acquired by said company under the laws of this State, are hereby extended to the twenty-sixth day of October, A. D. eighteen hundred and sixty-five, except the one half of all the Exception. Overflowed and Swamp Land lying within the Counties of Sutter, Yolo, and Colusa, through which said road shall be constructed, and lying within the following boundaries, to wit: in the County of Sutter, between the mouth or Sink of Butte creek, and the junction of the Sacramento and Feather Rivers; and in Yolo and Colusa Counties, between the Towns of Colusa, and Knight's Landing in Yolo County, the said land to be designated by odd and even sections, according to the plan of the survey of the United States, and granted to said company by Act of the Legislature in eighteen hundred and fifty-eight, under an Act entitled an Act to confer upon the San Francisco and Marysville Railroad Company, incorporated under the laws of this State, certain rights and privileges, approved April twenty-fourth, eighteen hundred and fifty-eight; and all other rights, franchises, and privileges, acquired by said company, shall not in any manner be impaired or invalidated by reason of this extension. CHAP. CLXXX.—An Act to change the name of Cincinnatus Schultz. The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for the person now bearing the Name name of Cincinnatus Schultz, to change the said name to Willard changed. John Brown. SEC. 2. This Act shall take effect from and after its passage. CHAP. CLXXXI.-An Act to regulate Mileage in the Counties of [Approved April 8, 1863.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. In the Counties of Del Norte and Klamath, the Mileage. Sheriff is hereby allowed the sum of fifty cents per mile for Proviso. travelling in any given case where process or any papers are to be served, to be computed from the Court House; provided, that if any two or more papers in the same suit require to be served, one mileage only shall be charged, and shall only be allowed mileage in going to serve the same. SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. SEC. 3. This Act shall go into effect from and after its passage. Election. Ballots. CHAP. CLXXXII.-An Act to extend to the Counties of Sutter and Sonoma the provisions of an Act entitled an Act to organize Townships, and regulate their Powers and Duties, and submit the same to the vote of the people, approved May fifteenth, eighteen hundred and sixty-two. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. The provisions of an Act entitled an Act to organize townships, and regulate their powers and duties, and submit the same to a vote of the people, approved May fifteenth, eighteen hundred and sixty-two, is hereby extended and made applicable to the Counties of Sutter and Sonoma, on condition that the Board of Supervisors of their respective counties shall first submit the question to the people of the said counties, at the next general election; and the people are hereby authorized to vote on the same by ballot, upon which shall be written or printed "Township Law-Yes," or "Township Law-No;" and if the affirmative have the majority, then the above named Act shall be in full force from and after the second Tuesday of April, eighteen hundred and sixty-four; but if the negative have the majority, then the above named Act shall not apply or be in force in the Counties of Sutter and Sonoma. SEC. 2. This Act shall be in force from and after its passage. To draw warrant. CHAP. CLXXXIII-An Act to authorize the Superintendent of [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Superintendent of Public Schools of the County of Trinity is hereby authorized and required to draw his warrant in favor of John H. Hough, of said county, for one hundred and thirty dollars, payable out of any School Funds set apart for or belonging to the Douglas City School District, in the County of Trinity, such amount having been advanced by said Hough, in the year A. D. eighteen hundred and sixtytwo, for the payment of a claim against the School Fund of said district. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CLXXXIV.-An Act to authorize and empower John S. Rutherford and George E. Webber to construct and maintain Booms on the Guallalla River, in Mendocino County. [Approved April 8, 1863.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for John S. Rutherford and Right George E. Webber, and their associates, who now own, or their granted. assigns who may hereafter erect, purchase, or own, or be in possession of any saw mill or mills, whether propelled by water or steam power, for the manufacture of lumber, on the Guallalla River, in the County of Mendocino, State of California, to build, erect, hang, or purchase, and maintain, when in their estimation the same may be necessary to facilitate the manufacture of lumber, such boom or booms as may be necessary for that purpose; provided, that in the construction or erection of any such Proviso. boom or booms as aforesaid, the person or persons erecting, purchasing, or owning the same shall not obstruct or prevent the free navigation of said river. of navigation SEC. 2. If any person or persons in constructing any boom Obstruction or booms shall obstruct or prevent the free navigation of said river, such person or persons shall be liable to the party or parties injured thereby, for all damages which such party or Damages. parties may sustain by reason of such obstruction, to be recovered in any Court of competent jurisdiction, with costs of suit, as in other cases. SEC. 3. Any person or persons who shall wilfully or mali- Malicious ciously destroy or injure said booms, or any of them, shall be injury. deemed guilty of malicious mischief, as in other cases, and on conviction thereof before any Criminal Court of competent jurisdiction, shall be punishable, by fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment in the County Jail not less than thirty days nor Penalty. more than six months, and shall be liable to the party or parties injured or damaged for all damages sustained by the owner or owners thereof, as in other cases for the destruction of private property. SEC. 4. Nothing in this Act contained shall be so construed Restriction. as to authorize or empower the persons in the first section of this Act named, or any of them, or their assigns, to collect tolls or water rents for the use of such boom or booms. SEC. 5. This Act shall take effect from and after its passage. To obtain license. Proviso. CHAP. CLXXXV.—An Act to amend an Act entitled an Act to amend an Act regulating Marriages, passed April twenty-second, eighteen hundred and fifty. [Approved April 9, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section seven of said Act shall be amended so as to read as follows: Section 7. No persons shall be joined in marriage unless such persons shall have first obtained a license therefor from the Clerk of the County Court of the county in which the marriage is to be celebrated, which license shall authorize any Judge, Justice of the Peace, Clergyman, or Preacher of the Gospel, to celebrate and certify such marriage; but no such license shall be granted for the marriage of any male under twenty-one years of age, or for any female under the age of eighteen years, without the consent of his or her father, or if he be dead or incapable, of his or her mother, or Guardian, to be noted in such license, or unless the party or parties under said ages, respectively, shall have been previously married; and if any Clerk shall issue a license for the marriage of any such minor, without consent as aforesaid, he shall forfeit and pay a sum not less than one hundred dollars, nor more than one thousand dollars, to the use of such father, mother, or Guardian, to be sued for and recovered in any Court having cognizance thereof; and for the purpose of ascertaining the age of the parties, such Clerk is hereby authorized to examine either party, or other witnesses, on oath; and the Clerk shall be entitled to receive for such certificate the sum of two dollars, one half of which he shall pay to the Recorder of the county for recording the license and certificate, except in counties where the Clerk and Recorders receive salaries, then he shall pay the two dollars into the County Treasurer; provided, unmarried persons living and cohabiting together as husband and wife, may be married without license or public record thereof; provided, the Clergyman performing the ceremony shall make a record thereof in the church register. SEC. 2. All Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed. SEC. 3. This Act to take effect from and after its passage. |