Board may grant franchise. Conditions. CHAP. CCCCLII.-An Act to authorize the Board of Supervisors of the City and County of San Francisco to grant the right to lay down Gas Pipes in the Streets of said City and County, subject to certain restrictions and requirements. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the City and County of San Francisco are hereby authorized to grant the right to lay down gas pipes in and through the streets of the City and County of San Francisco, and through said pipes to supply gas for the use of said city and county and the inhabitants thereof, for the term of fifty years, subject to the provisions of this Act. SEC. 2. In consideration of the rights thus granted by said Board to any grantees, said grantees, their associates or assigns, within ten months shall commence and prosecute the work in good faith, and within two years from the date of the grant thus made shall have erected the necessary buildings and apparatus for the manufacture of at least fifty thousand cubic feet of gas in each twenty-four hours, and shall have laid down at least two miles of main gas pipe through the public streets of the City and County of San Francisco, and supply gas through the same; within four years from the date of the grant thus made, the said grantees, and their associates and assigns, shall have laid down three additional miles of street main pipes, and shall at all times thereafter during the continuance of the franchise privileges thus granted, supply gas through the same for the use of the City and County of San Francisco and their inhabitants; provided, that said grantees shall not charge more than five dollars for each one thousand cubic feet of gas. SEC. 3. Said streets or ways in which said pipes may be laid shall be placed in the same good order and condition as they were at the time of being disturbed, at the cost of said grantees, associates, or assigns, subject to the approval of the Superintendent of Streets and Highways, and to his satisfaction. SEC. 4. If, under the privileges granted by authority of this Act, any injury shall be done to any water pipes, gas pipes, sewers, or drains, belonging to other parties, the amount of said injury, including losses of water or gas, shall be assessed by the Superintendent of Public Streets and Highways, and paid by the parties causing such injury, their associates and assigns; and the assessment of said Superintendent of Streets and Highways shall be final and conclusive as to the amount of damages to be paid. SEC. 5. Under the provisions of this Act, such grantees, and their associates and assigns, shall not erect any work or apparatus for the manufacture of gas within the district bounded on the North by Francisco street, on the west by Larkin and Ninth streets, and on the south by Brannan street; provided, that nothing in this Act shall authorize the grantees herein named, or their associates or assigns, to build or maintain any works or erections which shall be a nuisance. SEC. 6. For the faithful performance of the terms of any Bond such grant, on the part of the grantees, their associates and required. assigns, they shall execute within twenty days from the date of such grant, a bond to The Treasurer of the City and County of San Francisco, in the sum of thirty thousand dollars, with two or more sureties, to be approved by the County Judge of said City and County, and shall file the same in the office of said Treasurer, and upon the forfeiture of said bonds it shall be the duty of the Attorney of said city and county to bring an action for the amount thereof, and upon recovery, to have the amount of said bond, with costs of suit, paid into the Treasury of said city and county; and in case said bond shall not be executed, approved, and filed, as provided in this Act, or in case of the non-performance of any of the terms and conditions of this Act, or of any grant made under this Act, by such grantees, and their associates or assigns, required to be performed, their franchises thus granted shall utterly cease and determine; provided, Further that no franchise or privilege shall be claimed or held under conditions. any grant made by authority of this Act unless entirely new buildings and furnaces for the manufacture of gas shall be erected, and new main gas pipes for the conveyance of the gas shall be laid down, wholly unconnected with any gas building now standing, or gas pipes which are now or may be hereafter 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 infringment 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 determine, all the said property and rights shall vest in the city, and it shall be and is hereby made the duty of the City and County of San Francisco to commence and prosecute proceedings for the enforcement thereof. CHAP. CCCCLIII.-An Act to amend an Act entitled an Act for the erection of a Building for a State Reform School, and for the regulation of the same, approved April eighteenth, eighteen hundred and sixty. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section eighteen of said Act is hereby amended so as to read as follows: be sentenced Section 18. After the proclamation shall have been made, as youth may provided in section seventeen of this Act, when any boy or to Reform youth, between the age of eight and sixteen years, shall be con- School. victed of any offence known to the laws of this State, and pun ishable by imprisonment, other than such as may be punishable by imprisonment for life, the Court, (or Justice, as the case may be,) before whom such conviction shall be had, may at their discretion, sentence such boy or youth to the State Reform School, or to such punishment as is now provided by law for the same offence; and if the sentence shall be to the Reform School, then it shall be in the alternative to the State Reform School, or to such punishment as would have been awarded if this Act had not passed. And the Sheriff or other peace officer, in the execution of an order from any Court having competent jurisdiction, shall be allowed by the Supervisors of the County in which the order is made, a sum sufficient to cover the actual necessary expenses incurred, and three dollars per day for all time necessarily consumed in the execution of said order. SEC. 2. This Act to take effect from and after its passage. Peddler's license. CHAP. CCCCLIV.-An Act to amend Section Eighty-Two of an Act entitled an Act to provide Revenue for the Support of the Government of this State, approved May seventeenth, eighteen hundred and sixty-one. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section eighty-two of said Act is amended so as to read as follows: Section 82. Every travelling merchant, hawker, or peddler, who shall carry a pack and vend wares, goods, or merchandise, of any kind, shall pay, for each license, five dollars per month; and every such travelling merchant, hawker, or peddler, who shall use a wagon, boat, or other water craft, or one or more animals, for the purpose of vending any wares or merchandise of any kind, or wines, fermented liquors, or spirituous liquors, shall pay for each license, fifteen dollars per month; provided, that nothing in this section shall be so construed as to apply to the agricultural productions of this State. The Auditor shall issue to the Tax Collector the licenses contemplated in this section, which licenses so issued shall authorize the holders of the same to vend goods, wares, and merchandise, as set forth, in the county where such licenses are obtained. And it is hereby made the duty of every Justice of the Peace, Constable, Sheriff, Tax Collector, and peace officer, to demand the license of any such peddler, or hawker; and if such person be found not to have a license, as directed by law, the person so offering any goods or wares for sale shall be guilty of misdemeanor, and on conviction, shall be fined in any sum of not less than fifty nor more than one hundred dollars. The moneys collected under the provisions of this section shall be paid into the County Treasury for county purposes. CHAP. CCCCLV.-An Act amendatory of and supplemental to an Act to organize Townships, and regulate their power and duties, and submit the same to a Vote of the People, approved May fifteenth, eighteen hundred and sixty-two, and other Acts amendatory thereof. [Approved April 27, 1863.] The People of the State of California, represented in Senate and of elections. SECTION 1. When an election is ordered to be held in the Inspectors various townships of those counties in which said law shall be and Judges in force, the Justices of the Peace shall appoint for each election precinct in their respective townships, from the qualified electors of such township, one Inspector and two Judges, who shall constitute a Board of Judges of Election. In case said Board be not appointed for any precinct by the Justices of the Peace, as specified in this section, the electors present on the morning of the day of election, may appoint a Board of Judges for such precinct; provided, that after the first election held under said Act the Board of Trustees shall appoint the Judges of Election. SEC. 2. As soon as the polls are closed the Judges shall count Election the ballots and make out the certificates in the same manner as returns. is provided by the general election laws of this State, and shall transmit the same to the Justices of the Peace of the proper township, who shall, within six days after the election, meet as a Board, and issue certificates of election to the person having the highest number of votes for any designated office; provided, that after the first election the returns shall be made to and the certificates of election issued by the Board of Trustees. SEC. 3. This Act shall take effect immediately. : CHAP. CCCCLVI.-An Act to authorize the construction and maintenance of a Wharf in Contra Costa County. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The association known as the California Copper Franchise. Smelting Works, their successors or assigns, are hereby authorized to construct and maintain a wharf in Contra Costa County, at a point where the land of the said California Copper Smelting Works fronts on the San Joaquin River, east of the town of Antioch, and west of the point known as the Fuller Point. SEC. 2. The said California Copper Smelting Works, and Conditions. associates and assigns, are hereby authorized to use for the purposes aforesaid a strip of land, not exceeding four hundred feet, along the river front, extending into the river far enough, without obstructing the navigation of the same, to accommodate Conditions. the draft of such vessels as the commerce of the district may require. SEC. 3. The construction of the wharf hereby authorized shall be commenced within six months after the passage of this Act, and the term of privilege shall be for twenty-five years; the rates of wharfage and dockage being subject to regulation, from time to time, by the Board of Supervisors of the County of Contra Costa. SEC. 4. This Act shall take effect and be in force from and after its passage. Franchise. Tolls. County may purchase bridge. CHAP. CCCCLVII.-An Act granting the right to construct and maintain a Bridge across the Cosumnes River, in the County of Sacramento. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. The right to construct, maintain, have, and enjoy a public toll bridge across the Cosumnes River, in the County of Sacramento, at or near Michigan Bar, is hereby granted for twenty-five years, to James Atkin, and such associates and assigns as may be connected with or hold under him; provided, however, that nothing in this Act shall in anywise release the said parties from paying to the County of Sacramento a license for maintaining said bridge and collecting tolls thereon. SEC. 2. The parties holding the franchise granted under this Act, may collect such tolls as the Supervisors of the County of Sacramento may or shall annually fix and determine; provided, however, the rate of tolls fixed shall not be so low as to prevent the owners of the franchise receiving eighteen per cent per annum on the money actually invested; and, provided, further, that no ferry or toll bridge shall be licensed within one mile of the bridge mentioned in this franchise. SEC. 3. The County of Sacramento may, at any time after the expiration of ten years, take possession of the bridge and franchise herein mentioned, upon payment to the owners thereof of such sum as an arbitration, consisting of one person appointed by the Supervisors, one person appointed by the owners of the franchise, and one other person appointed by such two appointed, may determine the bridge to be worth; provided, that in case the first two Arbitrators cannot agree upon the third, the County Judge shall appoint the third; and, provided, further, that the action of a majority of the Arbitrators shall be final. SEC. 4. This Act shall take effect immediately. |