law, render judgment for a greater amount than five dollars, for the sale, at retail, or by the drink, of any spirituous or malt liquors, wines or cider, together with costs. Nothing in this Act shall be so construed as to affect, in any manner, debts contracted prior to said first of June, 1858.

No. 37. CH. CCXXXV, p. 198. An Act to provide for the Sate and Reclamation of the Swamp and Overflowed Lands of this State. (Approved April 21, 1858.) The swamp and overflowed lands of this State, or that which may hereafter be granted to this State by Congress, may be sold at the rate of one dollar per acre, in manner prescribed by this Act, and the proceeds of the sales thereof shall be paid into the State Treasury, and be credited to a swamp land fund, to be appropriated for the reclamation of said lands, except such lands as shall be found to belong to the State by right of her sovereignty; and the moneys arising therefrom shall be paid into the treasury, as other State revenues. Any person who may be entitled, by the laws of this State, to become a citizen thereof, wishing to purchase land under the provisions of this Act, shall file an affidavit in the Surveyor's office of the county in which the land sought to be purchased, or the larger portion thereof, is situated, that he has not entered any other land under the provisions of this Act, or under the provisions of an Act passed April 28, 1855, entitled "An Act to provide for the Sale of the Swamp and Overflowed Lands belonging to this State," which, with the land sought to be purchased, shall exceed three hundred and twenty acres, and that he does not know of any legal or equitable claim, other than his own, to the land sought to be purchased; that such purchase is sought for the purpose of settlement and reclamation by affiant; and that he has not, directly nor indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title he may acquire from the Government of the State should inure, in whole or in part, to the benefit of any person except himself. He shall then cause the land sought to be purchased to be surveyed; or, in case of a previous legal survey, shall cause the said survey to be approved and certified by the County Surveyor of the county in which such land, or the larger portion thereof, is situated. The purchaser of land, under the provisions of this Act, shall pay to the County Treasurer of the county wherein said land is located, one dollar per acre, to be paid within thirty days after the record of the approval of the survey by the Surveyor General of the State. No person shall become the purchaser of more than three hundredand twenty acres, to be selected in accordance with the conditions set forth in this Act. All conflicting claims shall be decided by the Register of the Land Office, who shall issue the certificate accordingly. The Governor of the State, upon presentation of the certificate, and after the whole amount of purchase-money shall have been paid, shall issue a patent for land sold, under the provisions of this Act, provided the same shall have been confirmed to this State. All persons holding a settler's claim to any of the swamp lands of the State, are required to comply with the provisions of the Act within twelve months from the date of its passage. All moneys received for sale of swamp lands shall be credited to the swamp land fund. The swamp and overflowed lands situated within the city and county of San Francisco, and within five miles of San Diego and Oakland, or within the limits of the town or village of Washington, Yolo County, or of any incorporated city or town in this State, are exempted from the provisions of this Act; no salt marsh land shall be subject to be located under the provisions of this Act, for a period of six months from and after its passage, except by parties owning or occupying the adjoining arable lands; provided, that the foregoing proviso shall not apply to the counties of Napa, Solano, Yolo, Contra Costa and San Joaquin.

No. 38. CH. CCXLII. p. 204. An Act to suppress Injurious Publications. (Approved April 21, 1858.) Every person who shall knowingly advertise, print, publish, distribute or circulate, or knowingly cause to be advertised, printed, published, distributed or circulated, any pamphlet, printed paper, book, newspaper notice, advertisement, or reference, containing words or language, giving or conveying any notice, hint or reference, to any person, or to the name of any person, real or fictitious, from whom, or to any place, house, shop, or office where any poison, drug, mixture, preparation, medicine, or noxious thing, or any instrument or means, whatever, or any advice, direction, information or knowledge, may

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be obtained, for the purpose of causing or procuring the miscarriage or premature delivery of any woman pregnant with child, shall be punished by imprisonment in the State Prison, for a term not less than three years, nor more than ten years.

An Act to amend an Act entitled "An Act concerning No. 39. CH. CCXLV, p. 206. Crimes and Punishments," passed April 16, 1850. (Approved April 21, 1858.) Sec. 58. Every person who shall, in the night time, forcibly break and enter, or without force, enter (the doors or window being open) any house, room, apartment, or tenement, or any tent, vessel, or water craft, with intent to commit grand or petit larceny or any felony, shall be deemed to be guilty of burglary, and, on conviction thereof, shall be punished by imprisonment in the State Prison for a term not less than one, nor more than ten years. An Act to Create a Board of Examiners, to define their No. 40. CH. CCLVII, p. 212. Powers and Duties, and to impose certain Duties upon the Controller and Treasurer. (Approved April 21, 1858.) The Governor, Secretary of State, and the Attorney-General, are hereby appointed and constituted a Board of Examiners, whose duty it shall be, as often as it may be deemed proper, to examine the books of the Treasurer and Controller, the accounts and vouchers in their respective offices, and to count, at least once a month, the money in the treasury. A statement of the amount contained therein, shall be filed in the office of the Secretary of State, and a copy thereof published. All claims or demands against the State, except the salaries of officers, for which appropriations have been made by law, must have the approval of the Board before the Controller shall issue his warrant therefor. The payment, by the Treasurer of State, of any warrants illegally issued or about to be issued by the Controller, shall be prohibited by the Board, and the Treasurer is hereby prohibited from paying the same. Any violation of this Act shall be deemed a felony, and upon conviction thereof, punished by fine and imprisonment. All claims for which no appropriations have been made by law, must be presented to the Board, and if said claims be approved, the Board shall transmit the same, with their approval, to the Legislature of the State. Any person may appeal from the decisions of the Board to the Legislature of the State, and no demand or claim shall be entertained by the Legislature, unless recommended by the Board or upon appeal therefrom. No claims shall be entertained by the Board which have been rejected by them or by the Legislature unless valid reasons therefor shall be presented. That for the services herein specified, the Governor shall receive one thousand dollars per annum; the Secretary of State, one thousand dollars per annum; Attorney-General, fifteen hundred dollars per annum; and the Clerk, to be appointed by the Board, shall receive twelve hundred dollars per annum. No. 41. CH. CCLXI, p. 217. An Act amendatory of, and supplementary to, an Act entitled "An Act to regulate Proceedings in Criminal Cases," passed May 1, 1851. (Approved April 22, 1858.) Sec. 481. The party aggrieved in a criminal action, whether that party be the people or the defendant, may appeal as follows: First. To the County Court, from a final judgment of a Justice's, Recorder's or Mayor's Court, or of the Police Judge's Court, in the city and county of San Francisco. Second. To the Supreme Court, from a final judgment of the District Court or Court of Sessions, in all criminal cases amounting to felony; also, from an order of the District Court or Court of Sessions, granting or refusing a new trial, or which affects a substantial right in a criminal case amounting to felony. Sec. 482. The appeal to the Supreme Court can be taken on questions of law alone. The appeal to the County Court can be taken on both questions of law and fact. The appeal to the County Court from the judgment of a Justice's, Recorder's, Mayor's, or Police Judge's Court, shall be heard upon a statement of the case settled by the Justice, Police Judge, Recorder, or Mayor, embodying the evidence and such rulings of the Court as are excepted to. Upon the appeal to the County Court, if a new trial be granted, such new trial shall be had in the County Court. If the judgment be affirmed, a copy of the judgment of affirmance shall be sent to the Court below, upon the receipt of which, the Court below shall proceed to enforce its sentence. All appeals from a Justice's, Mayor's, Recorder's, or Police Judge's Court, remaining undetermined, and now pending in any Court of Sessions shall be transferred to the County Court of the proper county, and be heard and determined by said County Court, in like manner as if the appeal were originally taken to the County Court under the

provisions of this Act. Nothing in this Act contained, shall apply to the Police Judge's Court in the city of San Francisco, save the provisions of Section one of this Act.

No. 42. CH. CCLXII, p. 218. An Act for the Incorporation of Water Companies. (Approved April 22, 1858.) The provisions of an Act entitled "An Act to provide for the Formation of Corporations for certain Purposes," passed April 14, 1853, and the Act of April 30, 1853, shall extend to and apply to all corporations already formed, or hereafter to be formed, under said Acts, for the purpose of supplying any city and county, or any cities or towns in this State, or the inhabitants thereof, with pure, fresh water. Any company incorporated for the purposes specified in the preceding section, shall have the right to purchase, or to appropriate and take possession of and use and hold, all such lands and waters as may be required for the purposes of the company, upon making compensation therefor. The mode of proceeding to appropriate and take possession of such lands and waters, when the parties cannot agree upon a purchase thereof, shall be the same as prescribed in sections twenty-seven, twenty-eight and twenty-nine of an Act to provide for the Incorporating of Railroad Companies, passed April 22, 1853, except that such proceedings shall be had before the County Judge of the county in which such lands or waters, or both, may be situated; provided, that all reservoirs, canals, ditches, pipes, aqueducts, and all conduits heretofore built, or that hereafter may be constructed, by any corporation formed under this Act, or claiming the privileges, rights and immunities herein granted, or any of them, shall be used exclusively for the purpose of supplying any city and county, or any cities or towns in the State, or the inhabitants thereof, with pure, fresh water. All privileges, immunities and franchises that may hereafter be granted to any individual or individuals, or to any corporation or corporations, relating to the introduction of fresh water into the city and county of San Francisco, or into any city or town in this State, for the use of the inhabitants thereof, are hereby granted to all companies incorporated, or that may hereafter become incorporated, for the purposes aforesaid. All corporations formed under the provisions of this Act, or claiming any of the privileges of the same, shall furnish pure, fresh water to the inhabitants of such city and county, or city or town, for family uses, so long as the supply permits, at reasonable rates and without distinction of persons, upon proper demand therefor, and shall furnish water, to the extent of their means, to such city and county, or city and town, in case of fire or other great necessity, free of charge. And the rates to be charged for water shall be determined by a Board of Commissioners, to be selected as follows: two by such city and county, or city or town authorities, and two by the water company; and in case that four cannot agree to the valuation, then, in that case, the four shall choose a fifth person, and he shall become a member of said Board; if the four Commissioners cannot agree upon a fifth, then the Sheriff of the county shall appoint such fifth person. The decision of a majority of said Board shall determine the rates to be charged for water for one year, and until new rates shall be established. The Board of Supervisors, or the proper city or town authorities, may prescribe such other proper rules, relating to the delivery of water, not inconsistent with this Act and the laws and Constitution of this State. Any corporation created under the provisions of this Act, shall have the right, subject to the reasonable direction of the Board of Supervisors, or city or town authorities, as to the mode and manner of exercising such right, to use so much of the streets, ways and alleys, in any town, city, or city and county, or any public road therein, as may be necessary for laying pipes for conducting water into any such town, city, or city and county, or through or into any part or parts thereof. Any corporation heretofore formed for the purposes specified in this Act, shall have the right to reincorporate, under the provisions of this Act, without losing, forfeiting, or diminishing any of the rights, privileges, franchises or immunities which they have heretofore lawfully acquired.

No. 43. CH. CCLXX, p. 225. An Act to amend an Act entitled "An Act for securing Liens to Mechanics and Others," passed April 19, 1856. (Approved April 22, 1858.) Sec 2. Every person wishing to avail himself of the benefits of this Act, shall file, in the Recorder's office of the county in which such building, wharf, or superstructure, is situated, within sixty days after the completion of such building, wharf or superstructure, a just

and true account of the demands due him, after deducting all proper credits and offsets, and shall verify said account by his own oath, or the oath of some other person, and shall also file, at the same time, a correct description of the property to be charged with said lien. If such lien is claimed by a sub-contractor, journeyman, or any other person, except the contractor, performing labor, or furnishing materials, the account aforesaid shall be filed within thirty days after the work was done, or the materials were furnished by him; and within five days after the filing of said account, as aforesaid, he shall serve a copy thereof on the owner of such building, wharf, or superstructure, or the agent of such owner, if the latter reside out of the county in which such building, wharf or superstructure is situated, by delivering the same to him personally, or by leaving it at his usual place of residence, with a person of suitable age and discretion, or by depositing it in the Post-office, directed to him at bis usual place of residence. If such owner do not reside within the county, and have no agent therein, service of the copy aforesaid may be made by posting the same in a conspicuous place on the building, wharf, or superstructure, to be charged with such lien. Sec. 3. Every sub-contractor, journeyman, laborer, or other person, performing labor or furnishing materials, shall, under the provisions of this Act, have a valid lien upon the building, wharf, or superstructure, on which such labor was performed, or for which such materials were furnished, regardless of the claims of the contractor against the owner of such building, wharf, or superstructure; but if any money be due, or is to become due, under the contract from said owner to said contractor, on being served with a notice, by a sub-contractor, as provided in the last preceding section, said owner may withhold, out of the first money due, or to become due, under the contract, a sufficient sum to cover the lien claimed by such sub-contractor, journeyman, laborer, or other person performing labor or furnishing materials, until the validity thereof shall have been established by a proper legal proceeding, if the same be contested; and if so established, the amount thereof shall be a valid offset to that extent, in favor of the owner against the contractor. No attachment served on the funds in the hands of the owner of such building, wharf, or superstructure, for claims other than those expressed in this Act, shall lie against the liens created by this Act, nor shall such owner be held or legally bound to answer such attachment, until all claims under the contract or liens created by this Act shall first be satisfied. Sec. 4. The land upon which any building, wharf, or superstructure shall be erected, together with a convenient space around the same, or so much as may be necessary for the convenient use and occupation of the premises, shall also be subject to the liens created by this Act, if at the time the labor was commenced or the first of the materials were furnished, the land belonged to the person who caused the said building, wharf, or superstructure to be erected; but if such person owned less than a fee-simple estate in said land, then only his interest therein shall be subject to such lien, and the liens created by this Act shall be preferred to every other lien or incumbrance which shall have attached upon the said property, subsequent to the time at which the work was commenced, or the first of the materials were furnished; and, also, to all mortgages and other incumbrances unrecorded at the time such work was commenced or the first of such materials were furnished. But nothing herein contained shall be construed as impairing any valid incumbrance upon the said land, duly made and recorded before such work was commenced, or the first of such materials were furnished. Sec. 7. Said liens may be enforced by suit in any Court of competent jurisdiction, on setting forth in the complaint the particulars of such demand, with a description of the premises sought to be charged with said lien; and, at the time of filing the complaint and issuing summons, the plaintiff shall cause a notice to be published at least twenty days, in some newspaper published in the county, if there be one, and if not, then in such mode as the Court shall direct, notifying all persons holding or claiming liens under the provisions of this Act, on said premises, to be and appear in said Court, on a day specified therein, and during the regular term of such Court, and to exhibit then and there the proof of said liens. On the appointed [day?] the Court shall proceed to hear and determine the said claims, in a summary way, or may refer the same to a referee, to ascertain and report upon said liens, and the amount justly due thereon; and all liens not so exhibited and proved, shall be deemed to be waived in favor of those which are so

exhibited. On ascertaining the whole amount of said liens with which the said premises are justly chargeable, as herein before provided, the Court shall cause said premises to be sold in satisfaction of said liens and costs of suit; and if the proceeds of such sale shall not be sufficient to satisfy the whole of such liens, established as aforesaid, then the same shall be apportioned according to the rights of the several parties.

No. 44. CH. CCLXXVI, p. 235. An Act to amend an Act entitled "An Act concerning the Transportation of Prisoners to the State Prison, and to appropriate Money for the same," passed April 21, 1856. (Approved April 21, 1858.) Sec. 3. The Sheriff shall receive, for a prisoner delivered at the State Prison, fifty cents per mile, one way, for the distance established by law from the county seat of his county to the State Prison, and for every additional prisoner, taken to the State Prison at the same time, twenty-five cents per mile, for one way only.

No. 45. CH. CCLXXXI, p. 248. An Act to provide for the Location and Sale of the Unsold Portion of the Five Hundred Thousand Acres of Land donated to this State for School Purposes, and the Seventy-two Sections donated to this State for the use of a Seminary of Learning. (Approved April 23, 1858.) The unsold portion of the five hundred thousand acres of land donated to the State for school purposes, and the land donated for the use of a seminary of learning, shall be located and disposed of in the following manner: The Governor of the State shall appoint a suitable and competent person in each of the United States Land Districts of the State, who shall locate and dispose of the same in tracts, not to exceed three hundred and twenty acres, to any one person as follows: The person whose location has been thus made shall have the right to receive a certificate of purchase for the same, by paying one dollar and twenty-five cents per acre, and interest, at the rate of ten per cent. per annum, from the date of the location in the United States Land Office; or, if said purchaser prefer, he may pay twenty per cent. of the purchase-money and one year's interest on the balance in advance, and the Register of the State Land Office shall deliver to him a certificate of purchase; provided, that the Legislature may by law require the payment of the balance due, at any time after one year from the date of approval by the General Government; and, provided further, that if the purchaser fail to pay the interest as prescribed in this Act, or to pay the balance due when thereunto required by any law of this State, said purchaser shall forfeit to the School Fund all money paid thereon, either as principal or interest, together with all right, title, claim or interest to said lands, and any other person may purchase the same on the same conditions as imposed by the Act upon the original purchaser. The locating agents are required to locate any land when requested, under the provisions of the law of Congress donating to the State the sixteenth and thirty-second sections of the public lands, a record of which, together with a complete statement of his operations under this Act, must be certified to the Register of the State Land Office. When the sales of lands under the provisions of this Act amount to ten thousand dollars, the Board of Examiners are authorized to invest the same in the Civil Bonds of the State, at the lowest offering prices, and the bonds so purchased shall be held by the State Treasurer, as the property of the School Fund of the State, and the annual interest accruing therefrom shall be subject to the order of the Board of Education. In like manner shall the amount derived from the sales of the Seminary Lands be invested, and the bonds so purchased and the interest accruing therefrom shall belong to the Seminary Fund. The locating agents shall have the right to demand and receive six dollars for each location made by them.

No. 46. CH. CCLXXXV, p. 252. An Act to provide for Issuing Arms and Accoutrements to Colleges and Academies for the Use of the Youth, and to prescribe the Tactics to be used by them. (Approved April 23, 1858.) The Governor may issue, upon a petition from the trustees or managers of any college or academy of learning in the State, the arms, ordnance, etc., and other military property of the State, not to exceed one piece of artillery and forty stand of small arms, with the necessary accoutrements, etc., to any one college, etc. A satisfactory bond for the safety and return thereof, when required, to be filed with the Executive, and the organization of the corps effected without delay. Reports thereof to be made annually to the Quartermaster-General of the State.