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CHAP. CLXXXVI.—An Act to amend an Act entitled an Act to repeal an Act to incorporate the City of Sonoma, passed April fourth, eighteen hundred and fifty, approved April twenty-sixth, eighteen hundred and sixty-two.

[Approved April 10, 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 amended so as to read as follows:

Trustees.

Section 3. The said Trustees shall take immediate charge of Duties of all books, records, papers, and property of every description, belonging to the said city, and shall cause a notice to be pub lished to the creditors of said city of Sonoma in some newspaper of general circulation published in the City of San Francisco, at least once a week for three months, and in any of the newspapers published in the County of Sonoma, one month, notifying them to present their claims against the city within six months of the date of publication, or that they will be barred. When claims are presented, the said Trustees, a majority of whom may have power to act, shall indorse upon the claim its allowance, either in whole or in part, or its rejection, as the case may be. They shall also sell all property belonging to said city, except the Plaza, certain highways, books, papers, and archives, to the best advantage; and to facilitate such sale said Trustees shall have power to sell the streets, required to be sold by this Act, at private sale, to the owners of property along the line of and adjoining said streets, at the minimum price of fifteen dollars per acre; and all streets not necessary for public use, and not sold at private sale within sixty days after the passage of this Act, shall be offered at public sale on ten days notice, at the minimum price of five dollars per acre. All other property shall be sold at public auction, in the same manner as is provided for the sale of streets.

SEC. 2. Section six of said Act is amended so as to read as follows:

Section 6. Whenever money to the amount of five hundred Surplus. dollars, belonging to said city, shall come into the hands of said Trustees, they shall, within ten days thereafter, advertise to receive scaled bids, on a named day, for cancelling the city's indebtedness to that amount, and the person or persons submitting the lowest bid or bids shall be awarded the funds on hand; should there be a surplus of the funds on hand after the debts are paid, the same shall be paid over to the Road Fund, and be applied by the Board of Supervisors to the improvement of the highways within the limits of the city. Should there be a deficiency, the same shall be supplied by a direct tax, to be levied and collected as other taxes are levied and collected, upon the inhabitants residing within the limits of said city, at such rate that the whole deficiency shall be supplied in from one to three years, at the discretion of the Trustees; the tax so levied and collected to be called the Sonoma City Fund, and to be paid by the County Treasurer to the order of the said Trustees.

Payment

All expenses incurred by the Trustees in the settlement of the of expenses. affairs of said city shall be paid out of the moneys coming into

Sale of use

Archives.

their hands belonging to such city; said expenses to be audited by the Board of Supervisors of Sonoma County.

SEC. 3. Section seven of said Act is amended so as to read as follows:

Section 7. All streets and alleys in said city, which, in the less streets. judgment of the Trustees, are not needed for public use, shall be sold as herein provided for; and such as are, in their judg ment, needed for public use, are hereby declared to be public highways and county roads; and the Plaza in said city shall remain perpetually a public Plaza. It is further provided, that all the books and papers forming the archives of the City of Sonoma, and all the papers appertaining to the settlement of the affairs of said city, and the sale of streets and plazas, shall be placed in the office of the County Recorder, to be by him kept as other county records; and the record books of the conveyance of the public lands of said city, when filed in said office of the County Recorder, shall have the same effect and import the same notice to all parties as if the same were re-recorded. SEC. 4. Sections three, six, and seven of said Act are hereby repealed.

SEC. 5. This Act shall be in force from and after its passage.

Appropriation.

Pro rata.

CHAP. CLXXXVII.-An Act to assist in filling up the Regiments of California Volunteers, and to aid certain officers for that purpose.

[Approved April 10, 1863.]

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

SECTION 1. The sum of twenty-four thousand two hundred and sixty dollars of the moneys now in the State Treasury arising from the exchange of gold for legal tender notes in the payment by the State Treasurer of Federal War Tax assessed against the State of California, be and the same are hereby placed in the Treasury as a "Military Recruiting Fund."

SEC. 2. The following sums are hereby appropriated to the recruiting of volunteers in this State, in the following proportion, viz: The sum of six thousand two hundred and eightynine dollars and sixty cents is appropriated to the seven companies of the First Cavalry, California Volunteers; the sum of eight thousand nine hundred and eighty-five dollars and fif teen cents is appropriated to the Sixth Regiment of Infantry, California Volunteers; the sum of five thousand three hundred and ninety-one dollars and nine cents is appropriated to the First Battalion Mountaineers, California Volunteers; and the sum of three thousand five hundred and ninety-four dollars and sixteen cents is appropriated to the four companies Native California Cavalry.

SEC. 3. The said sum of money shall be applied exclusively Application to defray the expenses of recruiting, and the travelling and other of moneys. necessary expenses of the recruiting officers of the companies of said volunteers, in the following proportion, to wit: to each company, the sum of eight hundred and ninety-eight dollars and fifty-one cents.

Controller

SEC. 4. The Controller is hereby directed to draw his war- Duty of rants on the State Treasurer for the amounts herein specified, and in favor of the Colonel or other commanding officer of the regi- Treasurer. ment or battalion, for the amounts above specified, on the special Fund herein designated, and the Treasurer of State is hereby authorized and required to pay said warrants to the said Colonel or other commanding officer of the regiment or battalion, who is hereby constituted the disbursing officer of said funds.

Duty of

officers.

SEC. 5. The said disbursing officers will distribute the funds in their hands in the proportion of eight hundred and ninety- disbursing eight dollars and fifty-one cents to the commissioned officers in each company, in the following proportion, to wit: the sum of four hundred and ninety-eight dollars and fifty-one cents to each Captain, and the sum of two hundred dollars to each Lieutenant, at the time and in the manner designated in the next section of this Act.

SEC. 6. The said recruiting officers shall produce duplicate Reports of vouchers, duly sworn to, of the necessary travelling expenses officers. and subsistence of their recruits previous to being forwarded to the general rendezvous, and all necessary incidental expenses, and forward the same to the said disbursing officer, together with his certificate that the same is true and correct, and that the items of expenses therein stated have been necessarily incurred; and the said disbursing officer, if he finds the same to be correct, and that the items for expenses therein stated have been necessarily incurred, shall forward one copy of said voucher to the Adjutant-General of the State of California, and shall retain the other as his receipt or voucher for the amount allowed, and shall pay over to said recruiting officers the amount so allowed.

SEC. 7. This Act shall take effect from and after its passage.

CHAP. CLXXX
XXVIII.—An Act to amend an Act entitled_an_Act to
authorize Eugene L. Sullivan, Nathaniel Holland, and John Benson,
and their associates and assigns, to lay down Gas Pipes in the City
and County of San Francisco, approved May second, eighteen hun-
dred and sixty-two.

[Approved April 10, 1863.]

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

SECTION 1. Section two of said Act is hereby amended so as Duties of to read as follows: In consideration of the rights hereby granted, grantees. the said grantees, and their associates and assigns, on or before

Proviso.

Grantees restricted.

Proviso.

Forfeiture.

Duty of City and County

Attorney.

the first day of November, A. D. eighteen hundred and sixtythree, shall commence and prosecute the work in good faith, and on or before the first day of May, A. D. eighteen hundred and sixty-five, shall erect the necessary buildings and apparatus for the manufacture of at least fifty thousand cubic feet of gas in each twenty-four hours, and shall lay down at least two miles of main pipe through the public streets of the City and County of San Francisco, and supply gas through the same. On or before the first day of May, A. D. eighteen hundred and sixty-six, the said grantees, and their associates and assigns, shall lay down three additional miles of street main pipe, and shall at all times thereafter, during the continuance of the franchise privileges hereby granted, supply gas through the same for the use of the City and County of San Francisco, and their inhabitants; provided, said grantees shall not charge, collect, or receive more than six dollars for each one thousand cubic feet of gas for the first five years, and not more than five dollars for each one thousand feet thereafter.

SEC. 2. Section five of said Act is hereby amended so as to read as follows: Under the provisions of this Act, said grantees, and their associates and assigns, shall not erect or maintain any works or apparatus for the manufacture of gas within the district bounded on the north by Francisco street, on the west and southwest by Jones and Simmons streets, on the south by Brannan street, and on the east by the water front of said City and County of San Francisco; provided, that nothing in this Act shall authorize the grantees herein named, and their assigns, to build or maintain any works or erections which shall be a nuisance; provided, further, that no franchise or privilege shall be claimed or held under this Act unless entirely new buildings and furnaces for the manufacture of gas shall be erected, and main pipes for the conveyance of the gas shall be laid down wholly unconnected with any gas building now standing, or gas pipes now laid down, or which may be hereafter erected or laid down by any other Gas Company, and unless said building and main pipes be kept and maintained entirely unconnected with any gas building heretofore erected, or main gas pipes laid down heretofore, or which may be hereafter erected or laid down by any other Gas Company; and, provided, that any violation or infringement of the provisions of this proviso shall work a forfeiture of all rights, franchises, and immunities herein granted, and such franchises, rights, and immunities shall, ipso facto, cease and be void, and all the said property and rights shall vest in the City and County of San Francisco; and it shall be and is hereby made the duty of the City and County Attorney of the City and County of San Francisco to commence and prosecute proceedings for the enforcement thereof.

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

CHAP. CLXXXIX.-An Act to amend an Act entitled an Act to establish Pilots and Pilot Regulations for the Port of San Francisco, approved May twentieth, eighteen hundred and sixty-one.

[Approved April 11, 1863.]

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

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

Section 24. The following shall be the rates of pilotage into Rates of or out of the harbor of San Francisco: All vessels over one pilotage. hundred and fifty, and under five hundred tons, seven dollars per foot draft; and all vessels over five hundred tons, seven dollars per foot draft, and four cents per ton for each and every ton of her registered measurement. All vessels engaged in the whaling trade, one dollar per foot draft. When a vessel is spoken, and the services of a Pilot is declined, one half of the rates shall be paid. All Government vessels, ten dollars per foot draft; provided, that all vessels engaged in the coasting trade Proviso. between any port or ports of the State of California, and any port or ports in the State of Oregon and the Territory of Washington, and which are registered in the State of California, shall be exempt from the provisions of this Act, unless a Pilot be actually employed.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CXC.-An Act to provide for the holding of a Special Term of the District Court in Los Angeles County.

[Approved April 11, 1863.]

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

term.

SECTION 1. It shall be lawful for the District Judge of the Special First Judicial District to hold a special term of the District Court in and for the County of Los Angeles, commencing on the third Monday in April, eighteen hundred and sixty-three; and all the acts of said Court at said special term shall be as effective and binding in law as though done at the regular term of said Court.

SEC. 2. This Act shall take effect from and after its passage.

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