Exchange in this State, or whose shares be regularly bought and sold in the stock market of this State. CHAP. CCCCLI.-[See volume of Amendments to the Codes.] CHAP. CCCCLII.-[See volume of Amendments to the Codes.] Appropriation. Controller to draw warrants. CHAP. CCCCLIII.-An Act making an appropriation for the payment of guard and other military duty performed in San Francisco in November, eighteen hundred and seventy-seven, and January, eighteen hundred and seventy-eight, by detachments of the National Guard, and other expenses appertaining thereto. [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. The sum of five thousand two hundred and two dollars is hereby appropriated, out of any moneys in the State treasury not otherwise appropriated, for the payment of guard and other military duty performed in San Francisco in November, eighteen hundred and seventy-seven, and January, eighteen hundred and seventy-eight, by detachments of the National Guard, and other expenses appertaining thereto. SEC. 2. The Controller shall draw warrants in favor of the Commander of the Second Brigade, and of the Colonels of the First, Second, and Third Regiments of Infantry, and of the Captain of the First California Guard Light Battery of such brigade, in such sums, respectively, as the Board of Military Auditors may audit and allow-the aggregate of such sums not to exceed the sum appropriated in the first section of this Act-and the Treasurer shall pay the same. SEC. 3. This Act shall be in force from and after its passage. Appropriation. CHAP. CCCCLIV.-An Act for the relief of Frederick Kuhnle. The People of the State of California, represented in Senate and SECTION 1. The sum of three hundred dollars is hereby appropriated out of the State treasury, payable out of any moneys not otherwise appropriated, to pay Frederick Kuhnle for services rendered in arresting Andronica Ygera, who on the twenty-first of October, eighteen hundred and seventy-six, in the County of Marin, robbed one William Brown on the highway, while in his private conveyance, and afterwards murdered said Brown, for which crime of murder said Andronica Ygera was convicted and sentenced to twenty years' imprisonment in the State Prison. be drawn. SEC. 2. The Controller of State is directed to draw his Warrant to warrant on the State treasury, payable as aforesaid, in favor of Frederick Kuhnle, for the sum of of three hundred dollars, and the State Treasurer is directed to pay the same. SEC. 3. This Act shall take effect immediately. CHAP. CCCCLV.-An Act to authorize the maintenance of booms in Elk River, and the removal of obstructions from said stream. [Approved March 30, 1878.] The People of the State of California, represented in Senate and Assembly, do enact as follows : constructed. SECTION 1. William Carson, D. R. Jones, Euphronius Booms to be Cousins, their associates and assigns, are hereby authorized and empowered to construct and maintain such booms in main Elk River, in Humboldt County, as may be necessary and proper to facilitate the business of floating logs and timber down said stream, and to charge and collect upon all logs and timber secured and boomed by them such sum as may be fixed by the Board of Supervisors of said county, from time to time, not exceeding fifteen cents per thousand cubic feet, board measure; provided, that it shall be lawful for any and all persons owing timber lands on and adjacent to said Elk River, who shall pay to the said William Carson, D. R. Jones, and Euphronius Cousins, their associates and assigns, their pro rata of the expense incurred in the construction of a boom and other improvements necessary thereto already constructed on said Elk River by the said William Carson, D. R. Jones, and Euphronius Cousins, which shall be determined by the Board of Harbor Commissioners of Humboldt Bay, in said county. remove logs. SEC. 2. All logs and timber secured by the booms men- Owners tioned in this Act, shall be passed by and through said booms failing to into Humboldt Bay without any unnecessary delay; and if, for five days after being notified to remove the same by the persons having charge of said boom, the owner of such logs fails to commence the removal of said logs and timber, and to continue and complete such removal with reasonable diligence, then the parties named in the preceding section are authorized and required to remove the same, and shall have the right to retain the possession thereof until all charges Parties to remove sunken logs, etc. Rights to continue. Obstructing for. and expenses necessarily and reasonably incurred in the removal of said logs and timber, and in their preservation afterwards, shall have been paid by the owner of the logs and timber so removed and protected, and the lien hereby given may be enforced in like manner as if such logs and timber were pledged to secure the payment of such charges and expenses. SEC. 3. The parties named in section one of this Act shall keep the body of Elk River clear from sunken logs, snags, trees, and driftwood; but the cost of removing sunken logs shall be a charge against the person placing the same in the river, and shall constitute a lien upon said logs so removed, and upon all other logs of such persons coming into said boom, and may be enforced in like manner as the lien given by the preceding section. SEC. 4. All rights and privileges given by this Act to the persons named and referred to in section one shall continue for the term of fifteen years from the time this Act takes effect. SEC. 5. All persons are hereby prohibited from placing alty in said river, or any of its tributaries, any logs that will not float, or other obstruction to the free use of said stream or its tributaries for floating logs. Any person violating this section may be notified, in writing, to remove such obstruction, by any person damaged thereby, and in case of neglect or refusal so to do for the space of five days, it shall be lawful for such person so damaged by such obstruction to remove the same, and the reasonable expense thereof, together with all damages occasioned by such obstruction, shall be a charge against the person so neglecting, and the same may be collected in the same manner as other debts are collected in this State; and the logs of the party causing such obstruction may be attached for such expense and damages, and may be sold in the same manner as property is attached and sold on contract debts in civil actions. SEC. 6. This Act shall take effect from and after its passage. Right of way granted. CHAP. CCCCLVI.-An Act to provide for the construction of a railroad from the Town of Truckee, Nevada County, to Tahoe City, Lake Bigler, in Placer County, and to regulate fares and freights thereon. [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. The right of way to lay out, construct, and run a line of railroad, to keep in repair and use the same by running thereon cars propelled by steam, for the convenience and profitable use thereof, by way of the Truckee River, from the Town of Truckee, in the County of Nevada, to Tahoe City, Lake Bigler, in the County of Placer, is hereby granted to A. J. Bayley, J. F. Moody, J. A. Huntington, J. P. Bayley, and H. M. Hollister, their associates and assigns, for the term of thirty years; provided, that the construction of said road shall be commenced within two years from the date of the passage of this Act, and shall be completed within six years thereafter. SEC. 2. The parties aforesaid, and their assigns, may, in Rails used. the construction of said road, use rails therefor and thereon of such material, form, and dimension as in their judgment they may deem proper. SEC. 3. It shall be lawful for the parties aforesaid, and Rates their assigns, to charge and receive any sum not exceeding charged. ten cents per mile for each passenger, and twenty cents per ton per mile of freight transported on said road; provided, that upon freight transported on said road, for any distance not exceeding ten miles, thirty per cent. may be added to the above rates. SEC. 4. On all single packages weighing two thousand other rates. pounds, and less than three thousand pounds, there may be added to the rates allowed in section three of this Act twentyfive per cent. thereof, and on all single packages weighing three thousand pounds and less than four thousand pounds, there may be added to such rates fifty per cent. thereof, and on all single packages weighing four thousand pounds and less than five thousand pounds, there may be added to such rates seventy-five per cent. thereof, and on all single packages weighing five thousand pounds and upwards, there may be added to such rates one hundred per cent. thereof. materials. SEC. 5. On all gunpowder, camphene, acids, or any explo- Rates on sive material of a like nature, also on glass and glassware, explosive there may be added to the rates provided in section three of this Act one hundred per cent. thereof. statement. SEC. 6. It shall be the duty of the parties aforesaid and Parties their assigns, after the completion of the road, on the first to make Monday of January of each year, to make and file with the Clerk of the Board of Supervisors of Nevada and Placer Counties a statement, in writing, under oath, of all moneys received during the fiscal year ending December thirtyfirst of each year, from the earnings of said road, the rates and fares charged, the running, repairing, and construction expenses, with insurance and tax expenses, the amount (if any) of existing indebtedness, and if dividends have been declared, the amount thereof, and the amount of cash on hand. SEC. 7. If it shall appear from such statements that the Supervisors net revenue of the road, arising from its earnings during the to fix rates. year, has exceeded twelve per centum per annum upon the money invested in the construction and equipment thereof, then the Board of Supervisors of the Counties of Nevada and Placer shall have the power, and it shall be their duty, to adjust, fix, and reduce the rates and fares for passenger travel and freights upon the road to such rates and fares as will realize to said parties, or their assigns, a net revenue from the road upon capital invested, or sum equal to, but not to exceed, twelve per cent. per annum. No dis crimination allowed. SEC. 8. No discrimination shall be made between persons, parties, or localities, as to fares and freights or to the transportation of goods. Powers of SEC. 9. Said parties, their associates and assigns, in the said parties. conduct and management of said railroad, shall have all the power, and be subject to all the liabilities, and conform to all the requirements contained in Chapters Two and Three, of Title Three, of the Civil Code of California, relating to railroad corporations, so far as the same are consistent with the provisions of this Act. SEC. 10. This Act shall take effect and be in force from and after its passage. Records to be transcribed. Tax to be levied. Special Road Fund. Supervisors to repair bridges. CHAP. CCCCLVII.-An Act to confer certain powers upon the [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of San Mateo are hereby authorized and empowered to appoint a suitable and competent person to transcribe and copy in record books so much of the records of the City and County of San Francisco, and of the County of Santa Cruz, as may be necessary for the uses of the County of San Mateo, and which will form a complete record of all the real estate in the County of San Mateo, and pay for the same out of the General Fund of said county. SEC. 2. The Board of Supervisors of the County of San Mateo are also authorized to cause to be levied and collected, in each year, in the same manner and at the same time that the State and county taxes are levied and collected, a tax not to exceed fifty cents on each one hundred dollars of the taxable property of said county, for the purpose of constructing, maintaining, and repairing the public roads in said county. SEC. 3. Said tax, when collected, shall be paid into a fund to be known as the Special Road Fund of the county; and the Board of Supervisors are authorized to cause warrants to be drawn against said fund in payment for work done on any of the public roads of the county, in anticipation of its collection. SEC. 4. The Board of Supervisors are further authorized and empowered to construct, maintain, and repair all public bridges and roads within said San Mateo County, in any manner they may deem most advantageous to the county, to contract for the keeping the whole or any part of the public roads in repair for any term not to exceed three years, and to, if they deem it for the best interest of the county, settle and adjust, and without litigation, any claims due the county by persons or corporations. |