granted shall utterly cease and determine, and the amount of said bond may be recovered from the obligors therein named in an action brought in the name of The City and County of San Francisco. road, etc., county. SEC. 9. The owners of said railroad are required to sell, trans- Owners refer, and convey the same, together with the cars and stock of all quired to sell kinds that may be employed thereon, to the City and County of to city and San Francisco, at any time after the expiration of fifteen years from the completion of the same, upon a demand being made to that effect by the said city and county, and upon the payment to the said parties by the said city and county of the appraised value of the same, exclusive of franchise; said appraisement to Appraisers. be made by three Commissioners, appointed for that purpose as follows, to wit: one to be appointed by the Board of Supervisors of said city and county, one by the County Clerk of the said city and county, and one by the Directors of the said railroad. In case of said Directors failing to appoint a Commissioner on their part when notified, or within ten days thereafter, of the appointment of the Commissioner by the Board of Supervisors and the County Clerk aforesaid, the County Judge of said county shall appoint a Commissioner in their stead. Said Commissioners shall make their appraisement and present their report to the Board of Supervisors of said county within thirty days after the completion of the commission, or in case the Board of Supervisors shall not be in session, file their report with the Clerk of said Board of Supervisors. A majority of said Commissioners shall constitute a quorum, and the award of the majority shall be binding and final upon the parties. The amount of the award shall be paid by the Treasurer of the said city and county to the grantees or their assigns within sixty days after the filing of said award, and therefrom the title to said railroad, cars, and stock, shall vest in the said city and county. SEC. 10. Nothing in this Act shall be so construed as to prevent the proper authorities of the said City and County of San Francisco from sewering, grading, paving, planking, altering, or repairing any of the streets hereinbefore specified, but all such work shall be done, if possible, so as not to obstruct the free passage of the cars upon the said railroad; and when the same shall not be possible, the said authorities, before the commencement of said work, shall allow to the owners of said railroad time sufficient to enable them to shift the rails, or take other means so as to avoid said obstruction during the continuance thereof, which they, the said owners, are hereby authorized to do. Reserved rights of city and county. SEC. 11. The owners of said railroad shall pay to the said City License. and County of San Francisco an annual license tax, to be fixed by the Board of Supervisors of said city and county, not exceeding the sum of fifty dollars on each car used by them upon said railroad, which payment shall be made quarterly to the said city and county. SEC. 12. The Board of Supervisors of the City and County Powers of of San Francisco, and their legal successors, are hereby author- Supervisors. ized and empowered to grant to the said parties named in the first section of this Act, their associates or assigns, such additional rights, privileges, and grants, as said parties, their associates and assigns, may desire or deem necessary for the full and complete enjoyment of the franchises and privileges created and granted by this Act. Election. Term of office. Duty of Supervisors CHAP. CCCV.—An Act relative to the Election of District Tax Collectors and Assessors in the County of Placer. [Approved April 23, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Assessors and Tax Collectors of the several Revenue Districts of Placer County shall be elected on the second Tuesday of February, A. D. one thousand eight hundred and sixty-five, and every two years thereafter, and shall hold their office for two years, and until their successors are elected and qualified. The Assessors and Collectors now in office shall continue therein until the first Monday in March, A. D. one thousand eight hundred and sixty-five. SEC. 2. The Board of Supervisors of said county shall, at the regular meeting next preceding such election, make proclamation, publication, and appointment of election precincts and officers, in the same manner as for general elections; and the said election shall be governed, and the votes received, counted, returned, and canvassed, and certificate of election issued, in the same manner as provided for general elections. SEC. 3. The general election law of this State is hereby made applicable to the election herein provided for, so far as the same are not in conflict herewith. Commissioners. CHAP. CCCVI.-An Act to provide for the Improvement and Protection of the Wharves, Docks, and Water Front, in the City and County of San Francisco. [Approved April 24, 1863.] The People of the State of California, represented in Senate and SECTION 1. A Board of three Commissioners is hereby created, which shall be known as the Board of State Harbor Commissioners, (by which name they may sue, and be sued, and defend, in all cases arising under this Act, in any Court of competent jurisdiction); one of whom shall be elected by the qualified electors of the State, at the same time and in the same manner as members of the Assembly are elected; one of them shall be elected by the members of the Senate and Assembly, in Joint Convention, on such a day and at such an hour as may be Election of. agreed to by both Houses; and one shall be elected by the qualified electors of the City and County of San Francisco, at office. the same time and in the same manner as municipal officers are elected in said city and county. Each of said Commissioners Terms of shall hold his office for the term of four years, and until his successor is elected, commissioned, and qualified, as in this Act provided, except the Commissioners first elected, who shall hold their offices as follows, viz: the first Commissioner elected by the Legislature in Joint Convention, shall be elected at the present session, and shall hold his office for one year from the date of the first meeting of the Board, as in this Act provided, and until his successor is elected and qualified; the first Commissioner elected by the qualified electors of the City and County of San Francisco, shall hold his office for two years, and until his successor is elected and qualified; and the first Commissioner elected by the qualified electors of the State, shall hold his office for four years, and until his successor is elected and qualified. The first Commissioner elected by the qualified electors of the State, shall be elected at the general election in eighteen hundred and sixty-three; and the first Commissioner elected by the qualified electors of the City and County of San Francisco, shall be elected at the election for municipal officers in said city and county, in eighteen hundred and sixty-three. Each of said Bonds. Commissioners shall, before being commissioned as hereinafter provided, give to the State of California a bond, in the sum of fifty thousand dollars, with two or more sureties, conditioned for the faithful performance of the duties required of him under this Act, which bond shall be approved by the Governor and State Treasurer in writing, indorsed thereon, and shall be filed in the office of the Secretary of State. The Commissioners Oath of office shall also take and subscribe the usual oath of office, which shall be filed in the office of the Secretary of State. As soon as may be after any one of the Commissioners elected under this Act shall have delivered to the Secretary of State the bond and oath required of him in this section, the Governor shall issue to such Governor to person a commission, which shall authorize him to perform the commission. duties required of him by this Act. Such Commissioners shall not be sureties for each other on their official bonds, nor shall any State officer or member of the Legislature be accepted by the Governor and State Treasurer as surety on said bonds. Commis. SEC. 2. As soon as all three of the Commissioners created by Powers and this Act shall have received their commissions, they shall take duties of possession of and hold all that portion of the Bay of San Fran- sioners. cisco lying along the water front of said City and County of San Francisco, and adjacent thereto, to the distance of six hundred feet into the waters of said bay, from the line of the water front, as defined by an Act of the Legislature, approved March twenty-sixth, one thousand eight hundred and fifty-one, together with all the improvements, rights, privileges, franchises, easements, and appurtenances connected therewith, or in any wise appertaining thereto, excepting such portions of said water front as may be held by parties under valid leases; and the Commissioners shall also take possession and have control of any and all such portions of said water front, with the improvements, rights, privileges, franchises, easements, and appurtenances, as are held under valid leases, as soon as said leases shall respectively expire and become void. The Commissioners shall, Duties of Commissioners. as soon as may be after entering upon their duties under this Act, investigate and ascertain by what authority any portion of said water front is possessed and held by persons or parties adversely to the possession of the State through such Commissioners, and shall publish the result of their investigations in one of the newspapers printed and having the largest circulation in said City and County of San Francisco; and if any person or company in the possession of any portion of said water front, holding the same adversely to the State, shall, when required by the Commissioners to make known to them the authority by virtue of which such person or company claims to hold such possession, refuse or neglect to make the same known, the Commissioners shall institute such legal proceedings as may be necessary to discover the nature of such authority; and the costs of such proceedings shall be paid and recovered from the person or company in such adverse possession and so refusing. The said Commissioners are hereby authorized and empowered to institute actions at law or in equity for the possession of any wharf or wharves, or other rights, privileges, franchises, etc., named in this section, or for the recovery of the tolls, dockage, rents, and wharfage thereof; also, for the removal of obstructions, and abatement of any and all nuisances on the water front mentioned in this Act, and to prosecute the same to final judgment. SEC. 3. The Commissioners shall have and hold possession and control of said water front, with the improvements, rights, privileges, franchises, easements, and appurtenances connected therewith, or in any wise appertaining thereto, for the following purposes and uses: First-To keep in good repair all the sea walls, embankments, wharves, piers, landings, and thoroughfares, for the accommodation and benefit of commerce. Second-To dredge such number of the docks as the commerce of the harbor may require, to a depth that will admit of the easy ingress and egress of the vessels which load and unload at said wharves and piers. Third-To construct such new wharves, piers, landings, and thoroughfares, at the foot of the streets, as the wants of commerce may require. Fourth-To construct all works necessary for the protection of wharves, piers, docks, landings, and thoroughfares, and for the safety and convenience of shipping. Fifth-To provide for the construction, out of the surplus funds growing out of the revenues arising from said wharves, such sea wall or other structure along the water front of said City and County of San Francisco, as shall, upon accurate surveys made for that purpose, be found to be necessary for the protection of the harbor and water front of said city and county. The said structure or sea wall shall be commenced at some point between Harrison street and Vallejo street, upon said water front, and shall be completed between said streets before any work upon said structure or sea wall is done north of Vallejo street or south of Harrison street. Sixth-To collect such rents, tolls, wharfage, craneage, and dockage, as may, from time to time, be fixed under the author ity of this Act, and to disburse and dispose of the revenues arising therefrom as in this Act provided. Board. SEC. 4. The Commissioners shall appoint some suitable per- Secretary of son to Act as Secretary of said Board, who shall not be a member thereof. The Secretary, before entering upon the duties of his office, shall give to the State of California a bond, with Bond of. two or more sureties, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties under this Act, which bond shall be approved by the Commissioners, in writing, and filed with the Secretary of State. The Secretary shall keep, in suitable books, a record of all moneys received and disbursed by said Commissioners, and also of all contracts and agreements made and entered into by them, which record shall be open to the inspection of the public during the usual business hours. The Secretary shall perform such other duties Duties of. properly pertaining to the duties of a Secretary as may be required of him by the Board. He shall, also, on the first Monday in January, April, July, and October, in each year, file, under oath, in the office of the Secretary of State, a statement, in the form of a balance sheet, containing a full exhibit of all moneys received and disbursed, the sources from which the same were received, and the purposes for which such moneys were paid out. ers to lease SEC. 5. Whenever any wharf or wharves shall come into the Commissionpossession of the Commissioners, under section two of this Act, wharves. they shall proceed to lease the same, separately, for terms not exceeding three years. Before leasing any wharf or wharves, they shall advertise for at least thirty days in a daily newspaper published in the City and County of San Francisco, having the largest circulation, inviting sealed proposals or bids for leasing, separately, such wharf or wharves. Such advertisements shall contain all necessary information in regard to the terms of the leases to be made, and such lease or leases shall be awarded to the highest responsible bidders; provided, that if all such bids Proviso. are, in the opinion of the Commissioners, unreasonably low, they may reject them all, and advertise for further bids in like manner as before. In such leases, the Commissioners shall make such provision, not inconsistent with this Act, for the proper dredging of the docks, repair of wharves, and construction of all works necessary for the protection of wharves, docks, and landings, as in their opinion the safety and convenience of shipping may require. Should the Commissioners be unable to lease Duties of any wharf or other work coming into their possession, they shall Com employ some suitable person to collect the revenue which may arise from such wharf or other work, and pay him a proper compensation therefor, not exceeding the rate of one hundred and fifty dollars per month, and not in any case exceeding the amount by him collected. They shall require each person so appointed to keep a correct account of all moneys by him collected, in suitable books to be furnished him by the Commissioners, which books shall be open to the inspection of the public at all reasonable times. They shall require each person so appointed to pay over to them or to the Secretary of the Board all moneys by him collected, as often as once in each week; provided, that no wharf missioners. |