knowing that the said defendant had no legal right to make such entry or detainer.

to be

SEC. 12. No person other than the actual occupants of the Occupants premises shall be necessary parties defendant to proceedings defendants. specified in this Act; and in case a married woman be a tenant or occupant, and her husband is not a resident of the county in which the premises are situated, her marriage shall not be a defence in such proceedings; but in case her husband be not joined, or unless she be doing business as a sole trader, a judgment against her shall only be valid against property on the premises at the time of the commencement of the action.

verdict is for plaintiff.

SEC. 13. If, upon the trial of any action under the provisions When the of this Act, the verdict of the jury, or the finding of the Court, shall be in favor of the plaintiff, and against defendant, the Court shall thereupon enter judgment for the plaintiff to have restitution of the premises, and the jury, or the Court, in case the action is tried without jury, shall also find or assess the damages occasioned to the plaintiff by such forcible entry or forcible detainer, or in case of rent unpaid, the amount of rent then due, and thereupon shall at once enter judgment against the defendant for three times the amount of such damages, or rent, as the case may be, so found or assessed.

SEC. 14. The proceedings in or upon the trial of any such Proceedings action shall be the same as in other civil cases, except as herein otherwise provided, and judgment shall be entered, execution issued, and all other proceedings, both before and subsequent to judgment, be had as in other civil cases.

SEC. 15. The following Acts are hereby repealed, viz: An Act Acts concerning forcible entries and unlawful detainers, passed April repealed. twenty-second, eighteen hundred and fifty; an Act to amend the seventeenth section of an Act concerning forcible entry and unlawful detainer, passed April second, eighteen hundred and fifty-two; an Act to amend an Act concerning forcible entries and unlawful detainers, passed March twenty-sixth, eighteen hundred and fifty-eight; an Act amendatory of and supplementary to an Act concerning forcible entries and unlawful detainers, passed April twenty-second, eighteen hundred and fifty, passed May twentieth, eighteen hundred and sixty-one; an Act to amend an Act entitled an Act concerning forcible entries and unlawful detainers, passed April twenty-second, eighteen hundred and fifty, and an Act amendatory of and supplementary to said Act, approved May twentieth, eighteen hundred and sixtyone, passed April twenty-fifth, eighteen hundred and sixty-two. SEC. 16. This Act shall take effect on the first day of January, eighteen hundred and sixty-four.

CHAP. CCCCXII.-An Act to authorize James R. Dickey, H. W. Whitcomb, and Charles R. Peters, their associates or assigns, to construct and keep in repair certain Roads in the County of San Mateo, and to levy and collect Tolls thereon.

[Approved April 27, 1863.]

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

SECTION 1. The right to build, open, and maintain a turnpike or macadam road in the County of San Mateo, and to levy and collect tolls thereon, is hereby granted to James R. Dickey, H. W. Whitcomb, and Charles R. Peters, and their associates or assigns.

SEC. 2. Said road shall commence at the terminus or southern end of the "San Migel and Ocean House Macadam Road," and running thence southerly over the most advantageous route west of the county road into the San Andres Valley, and continuing down said San Andres Valley to Crystal Springs Farm. Should said above described route be deemed inaccessible to build said road, then, and in that case, it shall be optional for said grantees to commence at a point about one fourth of a mile south-easterly from the "San Bruno House," thence at right angles with the county road, south-westerly, and meandering San Bruno Creek, over the range of hills, and into San Andres Valley; thence down San Andres Valley to the Crystal Springs Farm.

SEC. 3. The parties named in section first, their associates and assigns, shall, within one year from and after the passage of this Act, open, grade, and construct said road to the width of at least thirty feet, and shall, at all times, keep and maintain the same in good repair, taking and receiving, for the use of said road, from the public, such tolls as are hereinafter specified: For horse, mule, and rider, twenty-five cents.

For each led or drove horse or mule, ten cents.
For vehicle drawn by horse or mule, twenty-five cents.
For vehicle drawn by two horses or mules, or oxen, fifty cents.
For vehicle drawn by four or more horses, mules, or oxen, one
dollar.

For drove of cattle, per head, five cents.

For sheep, hogs, or other animals, each, two cents.

And said grantees shall have the right to erect suitable toll gates to collect the rates of toll above named as soon as said road so to be built is completed; provided, that nothing in this Act shall be so construed as to authorize the grantees herein named, or their assigns, to obstruct any county road, or to erect any toll gate, or charge and collect any toll thereon.

SEC. 4. The said grantees named in section first, and their associates or assigns, shall have the right to take, condemn, and appropriate such lands as may be necessary for the construction and opening of said road, or the right of way thereof, upon paying to the owners or claimants thereof its ascertained value, according to an Act of the Legislature of this State, entitled an Act to provide for the incorporation of railroad companies, and

the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixty

one.

franchise.

SEC. 5. The right hereby granted shall continue for the term Duration of of twenty years from and after the passage of this Act; provided, however, that the Board of Supervisors of the County of San Mateo shall have the right (whenever they may deem it necessary for the public good to make said road free,) to purchase the same from the owners thereof at a value to be ascertained by two persons, one to be chosen by said Board of Supervisors, and the other by the owners of said road; and in case they fail to agree, they shall have power to appoint a third party, and the appraisement of any two of said parties shall be considered the value of said road; and at any time after the completion of the same, should said Board of Supervisors pay to the owner of said road the amount of the value so ascertained, it shall operate as a complete extinguishment of the franchise hereby granted. In case of such purchase, the franchise is not to be deemed as forming any portion of the sum to be estimated, but shall be regarded, in said purchase and sale, of no value.

SEC. 6. This Act shall take effect and be in force from and after its passage.

CHAP. CCCCXIII.-An Act to authorize the Board of Supervisors of the County of Calaveras to take and subscribe Twenty-Five Thousand Dollars to the Capital Stock of the Big Tree and Carson Valley Turnpike Company, and to provide for the payment of the same.

[Approved April 27, 1863.]

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

SECTION 1. At the general election, to be held in September, Election. eighteen hundred and sixty-three, for the purpose of electing State and county officers, the qualified electors of the County of Calaveras are hereby permitted to vote upon the proposition of authorizing the Board of Supervisors of said county to take and subscribe twenty-five thousand dollars to the capital stock of the Big Tree and Carson Valley Turnpike Company, by which a turnpike communication shall be opened between a point known as the Big Trees, in said county, and the eastern boundary of the State of California.

SEC. 2. Said Board of Supervisors shall cause notice, of at Ballots. least twenty days, to be published in one newspaper printed and published in said county, stating the proposition to be submitted to said electors, and the time and manner of voting thereon. Said Board shall also cause ballots to be prepared, with the words "Subscription of twenty-five thousand dollars to the Big Tree and Carson Valley Turnpike" printed thereon. Every ballot in favor of said proposition shall have the word

Returns of election.

Subscription

Issuance and
delivery
of bonds.

"Yes" written or printed thereon, and every ballot against said proposition shall have the word "No" written or printed thereon. Said election shall be conducted in the same manner as other elections for county officers, and sealed returns shall be made of the vote cast on said proposition, within the same time and in the same manner as provided for in case of the election of county officers, to the Clerk of said county, of the number of votes voting "Yes," and the number voting "No;" which returns so made, shall, on said fifth day, be opened and counted in the same manner as the returns of the votes for county officers, and when so opened and counted, the result thereof shall be declared officially by said Board of Supervisors, who shall, at the time herein prescribed for the opening and counting of the returns of said election, meet as a Board for that purpose, and for perfecting the subscription of stock as hereinafter provided.

SEC. 3. If at the said election a greater number of the said electors of said county voting upon said proposition shall vote "Yes" than shall vote "No," then, and in that event, the Board of Supervisors of said county, in the name of said county, are hereby authorized, empowered, and directed, immediately after the result of said election is so officially declared, to take and subscribe, for the use, benefit, and advantage of said county, to the capital stock of the Big Tree and Carson Valley Turnpike Company, a corporation duly organized under the laws of this State, on the third day of April, A. D. eighteen hundred and sixty-two, for the purpose mentioned in section one of this Act, stock to the amount of twenty-five thousand dollars, and therefor to pledge the faith of said County of Calaveras for the payment of the same, in the manner hereinafter provided.

SEC. 4. The said subscription shall be made by a committee of two members of said Board of Supervisors, to be appointed by an order of said Board for that purpose, and who shall perform that duty immediately thereafter.

SEC. 5. The said subscription shall be made, and so received and conditioned, to be paid in the bonds of said county, issued as hereinafter directed, and not otherwise; and for such subscription said bonds shall be received at par, dollar for dollar.

in

SEC. 6. The said Board of Supervisors of said county, from time to time, as the payment of said subscription to such capital stock so subscribed shall be required to be made by the Board of Directors of said turnpike company, in the same manner and upon the same terms as other stockholders, shall, by order, direct the Chairman of said Board of Supervisors, the Auditor, and Treasurer of said county, who, for that purpose, addition to their other duties as such officers, and their successors . in office, shall constitute a Board of Commissioners, to be styled the "Loan Commissioners" of said county, as such Loan Commissioners, to issue bonds in the sums of one hundred dollars, and five hundred dollars, in equal proportions, for such amount of such subscription to said capital stock as said Board of Supervisors may direct. Said bonds shall draw interest at the rate of eight per cent per annum from the date of their issue, and the principal thereof shall be made payable on a specified day, to be named in the bonds, which shall be fifteen years after the date of their issue, at the office of the Treasurer of said county. The

interest accruing on said bonds shall be due and payable semiannually, so long as such bonds are outstanding and unpaid, and shall be made payable on a specified day, to be named in coupons, at said Treasurer's office, as before provided for the payment of the principal of said bonds. Said bonds shall be signed by the Chairman of said Board of Supervisors, the Auditor, and Treasurer of said county, as such officers, and ex officio Loan Commissioners, and when so signed, shall be presented by the Chairman of said Board of Supervisors to the Clerk of said county, who shall countersign the same, as such Clerk, in the presence of a quorum of such Board, at a meeting thereof; and it shall be the duty of said Board of Supervisors to cause the fact of such countersigning of such bonds to be entered upon their journal, together with the number, date, and amount of each bond so countersigned by such Clerk; and upon the countersigning of said bonds, it shall be the duty of said Board of Supervisors to cause the seal of said county to be affixed to each bond, and appoint a committee of two of their number to deliver said bonds to the said turnpike company to whom the same shall be issued; and said committee shall take a receipt from the Secretary of said turnpike company for the bonds so delivered by them, setting forth the number, dates, and amounts of the bonds so delivered, and report the same to the Board of Supervisors.

SEC. 7. Coupons for the interest shall be attached to each Coupons for bond, so that the same may be detached without mutilation interest. to the bond; said coupons shall be signed by the said Loan Commissioners. When any interest shall be paid upon a bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, indorse the word "cancelled" on the backs thereof, and deliver the same to the Clerk of said county, taking his receipt therefor, whose duty it shall be to file the same in his office, and make a report thereof at the next meeting of the Board of Supervisors.

SEC. 8. It shall be the duty of said Board of Supervisors, Interest tax. previous to the making out of the duplicate of the general assessment list for said county, in each year, so long as said bonds shall be outstanding and unpaid, to levy a tax, to be styled an "Interest Tax," sufficient to raise the amount of interest required to be paid each year on said bonds issued under the provisions of this Act; and previous to the making out of the duplicate of the general assessment list of said county in the year eighteen hundred and sixty-eight, and for every year thereafter, until the said bonds issued under this Act shall be paid and liquidated, the said Board of Supervisors shall, should it be necessary, levy a tax, not exceeding twenty cents on the one hundred dollars worth of taxable property of said county, for the purpose of raising a Fund for the liquidation of said bonds, which shall be styled a "Loan Fund." The said taxes shall be levied and collected in the same manner as the general taxes for county purposes, and when collected shall be paid to the County Treasurer, who shall account for and deliver the same over to said Loan Commissioners, to be by them applied: First-The Interest Tax, to the payment of the interest falling due on said bonds.