SEC. 3. The same rights as are now extended by law to plank Damages. and turnpike road companies in relation to the taking of property for the use of plank and turnpike roads, are hereby extended to the said "Yo Semite Turnpike Company," the damages to be ascertained and paid in the same manner as they are by plank and turnpike road companies. SEC. 4. The grades on said road shall be constructed with Grades, etc. convenient places for the turning out and passing of the heaviest teams, and shall be kept open and in good repair at least six months in the year. SEC. 5. Upon the completion of the road from Chinese Camp Tolls. to the Town of Big Oak Flat, the said company shall be authorized and empowered to charge and collect such rates of toll as the Board of Supervisors of Tuolumne County shall fix; and upon the further completion of every twenty-five miles of said road from said Town of Big Oak Flat, the said company shall be authorized and empowered to collect such rates of toll as said Board of Supervisors of Tuolumne County shall fix; and upon the final completion of said road, the said company shall be authorized and empowered to collect such rates of toll as the said Board of Supervisors shall fix annually; provided, that said Proviso. rates of toll shall not be fixed or reduced so as to produce an income of less than twenty-four per cent per annum upon the cost of constructing said road, over and above the expenses of collection and keeping said road in repair; and, further, provided, that in the event said road shall be constructed along or upon any public highway in Tuolumne County, said "Yo Semite Turnpike Company" shall not be allowed to levy or collect any tolls from any person or parties using or travelling upon said public highway, who may use or travel upon that portion of their road so located upon or along said public highway, and the said Board of Supervisors shall have power to examine the books and papers of said company, and take testimony as in civil actions for the purpose of ascertaining the cost of construction and keeping said road in repair. authorized. SEC. 6. Said company shall have the right in connection with Ferry their said road to establish and maintain a ferry across Mono Lake, in the County of Mono, and shall have the right to charge and collect such rates of toll on said ferry as the Board of Supervisors of Mono County may from time to time determine, which said rates shall be kept posted in a conspicuous place at the ferry house or landing at each end of said ferry. SEC. 7. Said company shall have the exclusive right of way Right of way over and along the route of said road, except where the same shall be located along or upon some public highway in Tuolumne County, for the distance of forty feet from the centre of said road, and after the survey and location thereof, no other toll road shall be constructed within three miles on either side thereof, unless required by the public convenience; and said company shall have all the right to enter upon and occupy private lands necessary to the location of said road, and to take and use any timber, rock, earth, or other material necessary to the construction thereof, which are conferred upon railroad companies by an Act for the incorporation of railroad com panies, approved May twentieth, eighteen hundred and sixty one. SEC. 8. It shall be lawful for said company to throw open their road for such period as they may deem proper, by giving one week's notice, by publication in a newspaper published in the County of Tuolumne of the date of such opening, and during the time that said road remains so opened, said company shall not be required to keep said road in repair, and shall not be liable for damages accruing in consequence of defects therein, and shall collect no tolls thereon. SEC. 9. Nothing in this Act shall be so construed so as to interfere with or contravene any of the provisions of an Act entitled an Act to grant to James H. and Charles J. Deering the right to construct and maintain a bridge or bridges across the Tuolumne River, approved April eighth, eighteen hundred and sixty-two. SEC. 10. This Act to take effect from and after its passage. Plaintiff to make affidavit. Form of. CHAP. CCCLXV.-An Act to exclude Traitors and Alien Enemies from the Courts of Justice in Civil Cases. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. Whenever any civil suit shall be pending in any Court of Record in this State, the defendant, or one of several defendants, or his Attorney, may, at any time after the commencement of the action or the filing of the complaint therein, serve upon the plaintiff, if a natural person, or his Attorney, a written notice, objecting to the further prosecution of said suit, on the ground of the disloyalty of the plaintiff; and thereupon all proceedings in said suit shall be stayed until said plaintiff shall take and subscribe, before some officer authorized to administer oaths, and shall file in said cause, an affidavit in the following form, to-wit: "I, (here insert the name of the plaintiff,) do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California; that I will bear true faith and allegiance to the Government of the United States, any ordinance, resolution, or law of any State or Territory, or of any Convention or Legislature thereof, to the contrary notwithstanding; that I have not, since the (here insert the date of the passage of this Act) knowingly aided, encouraged, countenanced, or assisted, nor will I hereafter, in any manner, aid, encourage, countenance, or assist, the so-called Confederate States, or any of them, in their rebellion against the lawful Government of the United States; and this I do without any qualification or mental reservation whatsoever. So help me God." And if the said plaintiff shall fail to take and file said oath within ten days after the giving of such notice, if a resident of Failure to the county, or within forty days, if a resident of the State and file affidavit. not of the county, or if not a resident of the State, then within such further reasonable time as the Court or a Judge thereof may determine, said case shall thereupon be absolutely dismissed, and no other suit shall ever be maintained by the said plaintiff, his grantees or assigns, for the same cause of action; provided, Proviso. that the time may, for cause shown, be enlarged by the Court or a Judge thereof, and that the Court may relieve against any forfeiture or default arising from accident, surprise, or excusable neglect; and, provided, that where the plaintiff sues as a Trustee, or to the use of another, the oath may be taken by the person for whose benefit the action is prosecuted; and, further, provided, that when the plaintiff is a foreigner by birth, who has never been naturalized, nor declared his intention to become a citizen of the United States, he may take and file the following oath : "I, (inserting his name,) do solemnly swear that I will not, Oath of at any time, or in any manner, aid, encourage, countenance, or assist the so-called Confederate States, or any of them, in their rebellion against the Government of the United States, and that I will not, while a resident of the United States, knowingly commit or encourage any act tending to subvert the Constitution or Government thereof. So help me God." foreigner. SEC. 2. If a counter claim shall be set up, or new matter be Counter affirmatively pleaded by the defendant in any suit, the plaintiff claim. may, at any time after the filing of the answer, give or cause to be given to the defendant, if a natural person, or his Attorney, a similar notice to the one provided for in the preceding section, objecting, on like ground, to the introduction of such counterclaim or affirmative matter, and thereupon, if the defendant shall fail to make and file a like oath, within the respective times in the said section above limited, such counter claim or new matter shall be disregarded by the Court, and the cause shall proceed as if the same had not been pleaded, and no suit shall ever be maintained by the said defendant, his grantees or assigns, for the same cause or matter. Law to file oath. SEC. 3. No Attorney at Law shall be permitted to practice in Attorney at any Court in this State until he shall have taken and filed in the office of the County Clerk of the county in which the Attorney shall reside, the oath prescribed in this Act; and for every viola- Violations. tion of the provisions of this section, the Attorney so offending shall be considered guilty of a misdemeanor, and on conviction, Penalties. shall be fined in the sum of one thousand dollars. SEC. 4. This Act, so far as the same relates to parties to an action, shall take effect immediately. Road District. CHAP. CCCLXVI.-An Act supplementary to an Act entitled an Act to incorporate the Town of Petaluma, approved April twelfth, eighteen hundred and fifty-eight, and the amendments to the same, approved April eleventh, eighteen hundred and fifty-nine. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. The territory embraced within the corporate limits of the City of Petaluma shall constitute one Road District, and the Street Commissioner of said city shall exercise all the powers and perform all the duties conferred upon the Road Master by law in said district, subject to the control and direction of the Trustees of said City of Petaluma; and the Supervisors Supervisors of Sonoma County shall not lay out, establish, or alter any streets or roads, or change the grade thereof, or build any bridges, within the limits of said city, except with the consent of the Trustees, to be expressed by an order entered on their journal, and with such consent they may exercise said powers within the limits of the City of Petaluma, as in other portions of Sonoma County. Trustees. Street tax. SEC. 2. All male persons over twenty-one years of age and under sixty years of age, residing within the limits of said city, shall pay, each year, a street tax of three dollars. It shall be the duty of the Trustees of the City of Petaluma to pass ordinances providing for the paymennt and collection of said tax, and imposing fines and penalties, not exceeding twenty dollars in each case, for the non-payment thereof. All taxes, fines, and penalties so collected, shall be paid over to the TreasStreet Fund. urer of said city, to constitute a separate Fund, which shall be exclusively applied to repairing, paving, and grading streets, and to building and repairing bridges, within said city; provided, that all persons subject to the payment of the above street tax shall be exempt from the payment of the county road tax of Sonoma county. Proviso. SEC. 3. This Act shall take effect from and after its passage, and all Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. Districts consolidated CHAP. CCCLXVII.-An Act to consolidate certain School Districts of the Counties of El Dorado and of Sacramento. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. All that part of Negro Hill District lying on the southeast side of the South Fork of the American River, in Salmon Falls Township, and El Dorado County, and adjoining Mormon Island School District, in Natoma Township, and Sacramento County, and said Mormon Island District, are by this Act united and consolidated into one School District, under the name of Natoma School District. The same shall be governed Trustees. by one Board of Trustees, who shall receive and hold their office in the manner and for the time fixed by the present law. All reports are required to be made, and the census to be taken, and all school elections held, and returns thereof made to the Superintendent of the Public Schools of Sacramento County, and to have and to hold the school property, and have and enjoy all other rights and privileges in common, as one body. The School Marshal shall each year make returns, on or before Duties of the first day of August, of the number of children (between the Marshal and ages of four and eighteen years) entitled to draw public money, officers. to the County Superintendent of Public Schools of El Dorado County; and it shall be the duty of the said Superintendent to make a just apportionment of the public funds of the State and county to said children, in common with the other children of said county; and shall draw a warrant for the same on the County Treasurer of said county, on the order of the Superintendent of Sacramento County, payable to the Treasurer of Sacramento County, which order shall be made semi-annually, on the first of January and July of each year. SEC. 2. This Act shall take effect and be in force from and after its passage. other CHAP. CCCLXVIII.-An Act amendatory of and supplemental to an Act entitled an Act to provide for Funding the Indebtedness of the County of Mendocino, approved April nineteenth, eighteen hundred and sixty-two. [Approved April 25, 1863.] The People of the State of California, represented in Senate and ers. SECTION 1. The Funding Commission created by the Act to Meeting of which this Act is supplemental and amendatory, shall meet on Commissionthe first Monday in May, A. D. eighteen hundred and sixty-three, at the County Treasurer's office in said county, at nine o'clock, Duties. A. M., of that day, and continue in session two days, and fund any and all warrants properly drawn before the first of November, A. D. eighteen hundred and sixty-two, presented to the Treasurer of said county, in accordance with the provisions of said. Act; provided, that all bonds issued or to be issued by a majority Proviso. of said Board of Funding Commission, signed by the Chairman of the Board of Supervisors, countersigned by the Auditor, and indorsed by the Treasurer, and impressed with the seal of the county, shall be deemed and held valid and binding to all intents and purposes, both in law and equity. SEC. 2. The Treasurer of said county shall cause to be pub |