are executed, and to be approved by said Board of Supervisors, and filed in the office of the County Clerk. Supervisors SEC. 16. The said Board of Supervisors shall have authority Powers of to authorize a committee of any one or more of their number, or any other person, to cast all votes representing the capital stock so subscribed by them, and they shall, by order made for that purpose, have full power to sell, transfer, and assign the said capital stock, or any part thereof, so taken by them under the provisions of this Act, whenever, on submission to the qualified voters of said county, at any county or general election, of a proposition to sell the same, a majority of the votes cast thereat shall approve such sale. SEC. 17. The Board of Supervisors shall have all the rights Surplus. and powers appertaining to any other subscriber to such capital stock, and shall receive all the dividends, issues, and profits arising from such subscription to said capital stock, and shall set apart and transfer the same, together with the taxes that may be paid by said company to said county from time to time, to the said Loan Fund, to be applied by the said Loan Commissioners to the payment of the interest on the bonds issued as herein provided, and the redemption of the principal thereof, in the manner provided by section twelve of this Act; and after the full payment of said bonds, and the interest on the same, the said dividends, issues, and profits arising from such stock subscription, shall be applied as follows: one third part thereof to the School Fund of said county, and the remaining two thirds to the General Fund. SEC. 18. The subscription of stock authorized by virtue of Conditions of the provisions of this Act shall be made by said Board of Su- subscription. pervisors on the books of said company upon the express condition that the said county shall not be liable for any of the debts or liabilities of said company beyond the amount so subscribed; and this provision as to the liability of said county shall be a part of and expressly stipulated in all contracts made by said. company for the construction and equipment of said road; and in case said company shall fail or refuse to make such stipulation in all their said contracts, then the said Board of Supervisors shall have power to declare the said subscription void and of no effect, and may recover from said company any previous payments that may have been made thereon at the time of such failure or refusal. And the said county shall never make any other or further subscription to the capital stock of said company than that provided for by this Act. SEC. 19. This Act shall be taken and deemed a public Act and shall take effect from and after its passage. Sale anthorized. Conveyance. Bond of Guardians. Minor authorized to sell; property. Same. CHAP. CCXXXVIII.-An Act to authorize the sale of certain property of Jesse Cope, and other minors. [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. Allen J. Cope, as Guardian, now or hereafter to be appointed, of his infant son Jesse Cope; James M. Brown, as Guardian, now or hereafter to be appointed, of his infant sons John G. Brown and William A. Brown; John S. Stratton, as Guardian, now or hereafter to be appointed, of his infant son Emerson Stratton; Matthew J. Talbot, as Guardian, now or hereafter to be appointed, of his infant son Homer T. Talbot; John W. Gilbert, as Guardian, now or hereafter to be appointed, of his infant son George G. Gilbert; John H. O'Brien, as Guardian, now or hereafter to be appointed, of his infant brother James R. O'Brien, of whom he is nearest of kin, are hereby severally and respectively authorized to sell and convey, as hereinafter mentioned, the certain mining claims belonging to their said wards, respectively, situated on the south side of the Cosumnes River, about six miles above Michigan Bar, and in the County of Amador, and being shares or interests in the ledges, veins, or lodes of copper ore claimed by the Cosumnes Copper Mining Company, and known as the "Indian Creek Lode" and the "Cosumnes Lode." SEC. 2. The said Guardians may severally make their deed or deeds of conveyance of the property above mentioned, which deed or deeds shall convey all the right, title, and interest of said minors in said mining claims to the purchaser or purchasers. SEC. 3. Before performing any act authorized by this Act, said Guardians shall each, severally, give his bond in the sum of one thousand dollars, to be approved by the Probate Judge of Sacramento County, and filed in the office of the Clerk of the Probate Court thereof, conditioned for the faithful discharge of his duties, and that he will apply all the proceeds of such sales under this Act for the use and benefit of said minors. SEC. 4. Within three months after the completion of any sale under this Act by any of the above named Guardians, such Guardian shall file in the office of the Clerk of the Probate Court of Sacramento County, a statement of all acts and proceedings by him had or done by virtue of this Act. SEC. 5. Samuel Rosenbergh, a resident of Michigan Bar, in Sacramento County, being a minor of the age of nineteen years, and having no kin in this State, and having for several years last past been doing business and providing for his own support, is hereby authorized to sell, and by his own deed to convey his mining claims in the above mentioned lodes in the same manner and with the same effect as he might or could do if he were of lawful age. SEC. 6. Henry Koher, a resident of the City of Sacramento, and a minor of the age of eighteen years, and providing for his own support, is hereby authorized to sell, and by his own deed to convey his mining claims in the above mentioned ledges or lodes in the same manner and with the same effect as he might or could do if he were of lawful age. SEC. 7. This Act shall take effect immediately after its passage. CHAP. CCXXXIX.-An Act amendatory of and supplemental to an [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section six of said Act is hereby amended so as to read as follows: Section 6. If any person or persons, claiming damages on ac- Damages. count of the location or alterations of any road under the provisions of this Act, shall be dissatisfied with the award of the Road Viewers, and cannot agree with the Board of Supervisors as to the amount of damages sustained, and shall refuse to re- Recovery of. ceive the same, such person or persons shall, within ten days from the time of final hearing, commence an action against the county, by name, for such damages, in a Court of competent jurisdiction, which action shall be conducted in like manner as other actions in civil cases in the Courts of Justice of this State, except as hereinafter provided. The complaint shall be in writing, and shall be verified by the oath of the plaintiff; and the summons, with a copy of the complaint, shall be served upon the District Attorney of the county, which shall be sufficient notice to the county; and it shall be the duty of the District Attorney to appear on the part of the county, and defend all actions commenced under the provisions of this Act. Unless such action is commenced within the time and in the manner as in this section provided, the award of the Road Viewers shall become final. The Board of Supervisors may, at any time before the trial in Action, etc. such action, rescind the order establishing the location or alteration of such road, and in such case all actions for damages on account of such location or alteration shall be dismissed, and the cost shall be taxed against the county. SEC. 2. Instead of the labor to be performed, as provided in Road poll tax section eleven of said Act, the Board of Supervisors may annually levy, in any one or all of the Road Districts of said county, a road poll tax, of not exceeding three dollars, on all able bodied. men between the ages of twenty-one and fifty years; such tax shall be collected by the Road Masters in their respective Districts as soon as practicable after the making of such order. If any person liable to pay such tax shall refuse or neglect to pay the same, the Road Master shall have the power to and shall proceed to collect the same in the same manner as is by law provided for the collection of poll taxes. SEC. 3. The Board of Supervisors shall cause proper blank Receipts. road poll tax receipts to be furnished, of a uniform appearance, which shall be numbered consecutively, and signed by the Chairman thereof, who shall thereupon deliver the same to the Clerk of the Board of Supervisors, taking his receipt therefor. The Clerk of the Board of Supervisors shall sign said road poll tax receipts, and issue to each Road Master such number of said receipts as may be needed by him, taking his receipt therefor. No other receipts for road poll taxes, or for labor performed on the roads, shall be used. In the final settlement, on the first Monday in February of each year, each Road Master shall be charged with all road poll tax receipts issued to him and which shall not then be returned by him to the Clerk of the Board of Supervisors. SEC. 4. This Act shall take effect from and after its passage. Appropriation. CHAP. CCXL.-An Act for the Relief of Martin Winslow. The People of the State of California, represented in Senate and SECTION 1. The sum of one thousand dollars is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, and the Controller of State is hereby authorized and directed to draw his warrant therefor, in favor of Martin Winslow, who has been disabled for life while in the service of the State, at the California State Prison, on the fourth day of July, A. D. eighteen hundred and sixty-two. SEC. 2. This Act shall take effect on the first day of November, eighteen hundred and sixty-three. Authority granted. CHAP. CCXLI.-An Act to authorize the Board of Supervisors of the County of Napa to allow the Claim of Charles Murphy. [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Napa are hereby authorized to allow and order to be paid out of the General Fund of said Napa County, to Charles Murphy, the sum of two thousand two hundred and fifty-nine dollars and fifty cents, or such smaller sum as said Board of Supervisors, upon investigation, shall decide to be just and equitable payment, for extra work and labor performed and materials furnished, in the year eighteen hundred and sixty, in the construction of a bridge over Napa River, where the extension of First street of Napa City crosses said river; provided, that nothing in Proviso. this section shall be construed as intended to oblige the said Board to allow the said claim, unless the same shall be deemed by them equitable and just. SEC. 2. The Auditor of said county is hereby authorized and directed to audit, and the Treasurer of the same to pay out of the General Fund of said county, said sum of two thousand two hundred and fifty-nine dollars and fifty cents, or such smaller sum as may be allowed said Charles Murphy by said Board. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CCXLII.-An Act to amend an Act in relation to Public [Approved April 17, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section eleven of said Act is amended so as to read as follows: Overseers. Section 11. The Road Overseer shall pay to the County Duties of Treasurer, on the first Monday of each month, the total amount Road collected, less the per centage which he is entitled to receive as herein provided, and take a receipt for the amount paid, which receipt shall be filed with the County Auditor. The Road Overseer shall also make a settlement with the Auditor, on the first Monday of April subsequent to entering upon the duties of his office, and every three months thereafter during the continuance of the same, and return all road poll tax receipts unsold. Upon Compenmaking such quarterly settlement, and upon the return of all sation. unsold road poll tax receipts, he shall receive a certificate from the Auditor, certifying that he has settled in full, and that all road poll tax receipts issued to him have been accounted for, and the Auditor shall credit the Road Overseer with fifteen per cent of the amount collected by said Road Overseer, which he shall be entitled to receive for his services in making such collections. SEC. 2. This Act shall take effect on and after its passage, and all Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. |