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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 proceed. ings 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 nse 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

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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 fact, 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 conti 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 60 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 hereinbefore 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 estahlished 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. 218. 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.

No. 47. CH. CCLXXXVII, p. 254. An Act to authorize the Judges of the Supreme Court to employ a Secretary. (Approved April 23, 1858.) The Judges of the Supreme Court are hereby authorized to appoint a Secretary, whenever necessary, at a salary not to exceed one hundred and fifty dollars per month.

No. 48. Ch. CCXC, p. 256. An Act defining the Legal Distances from each County Seat to the Capitol, Lunatic Asylum and State Prison. (Approved April 24, 1858.) The distances established by this Act are hereby declared to be the legal distances for which mileage shall be allowed to the Capitol, for County Treasurers, for conveying the insane to Stockton and for transporting prisoners to San Quentin. [For the distances as established by this Act, see the respective Counties, Part VII.]

No. 49. Cu. CCXCI, p. 259. An Act for the Government of the State Prison Convicts and to provide for the Location of a Branch Prison. (Approved April 24, 1858.) The Governor, Lieutenant-Governor, and Secretary of State, are hereby constituted a Board of Directors, whose duty it shall be to take charge of the State Prison at San Quentin, with the property belonging thereto, and to assume the entire control and management thereof, together with the convicts confined therein. The Board of Directors are also authorized to establish a Branch Prison and to remove thereto as many convicts as they may deem proper, first selecting those whose term of service is about to expire. The sum of seventy-five thousand dollars and the proceeds of the convict labor, are appropriated as a Prison Fund for expenses under this Act, and no debt or liability shall be created by the Board of Directors.

No. 50. CH. CCXCIII, p. 261. An Act fixing the Time at which the Clerk of the Supreme Court shall be elected. (Approved April 24, 1858.) The Clerk of the Supreme Court shall be elected at the general election in the year 1859, and at each general election every two years thereafter; and shall hold his office for two years, commencing on the first day of Jan uary next after his election.

No. 51. CH. CCXCIV, p. 262. An Act concerning County Treasurers. (Approved April 24, 1858.) The Treasurer of the State is hereby authorized and directed to receive from the County Treasurers of this state, all indebtedness of the State received by them prior to the fifteenth day of March, 1857, under the authority of Sections four and five of the Act of 1855, providing for the sale of swamp and overflowed lands belonging to the State; provided, Controllers' warrants received for taxes by the Treasurer of San Mateo County, prior to the fifteenth day of January, 1857, shall be received from him, by his complying with the Section second of this Act, not exceeding in amount five hundred dollars. Sec. 2. The State Treasurer shall require of all County Treasurers paying warrants under this Act, to make an affidavit that such warrants were actually received by them for the purposes named in this Act, prior to said fifteenth day of January, 1857, said affidavits to be filed in the office of the State Treasurer.

No. 52. CH. CCXCVI, p. 262. An Act to amend "An Act to provide Revenue for the Support of the Government of this state,” approved April 29, 1857. (Approved April 24, 1858.) Sec. 15. On or before the fourth Monday in November, the Tax Collector shall cause the delinquent list named in Section fourteen, to be published, giving in said publication the name of the owner (when known) of all the real estate and of all improvements, together with such condensed description of the property that it may be easily known, and also a similar condensed description of any real estate or improvements assessed to unknown owners; and also the name of every party delinquent for any tax on personal property; and also, opposite each name or description, give the amount of taxes, including the costs hereinbefore provided, due from each delinquent person or property. If a newspaper is published in the county, the publication by this section required, shall be made by one insertion, one time per week, for three successive weeks, in some paper published in the county, or in a supplement to such newspaper. But, if there is no newspaper published in said county, then the publication shall be made by posting a written or printed copy of the list in at least three conspicuous and public places in each township of the county; and in the counties of Santa Clara, Santa Cruz, Montery, San Luis Obispo, Santa Barbara, Los Angeles, San Bernardino and San Diego, at least three notices in the Spanish language, shall be

posted in each township; said publication shall also designate the time and place of commencing the sale, which time shall not be less than twenty-one days nor more than twentyeight days from the first appearance of the publication, and the place shall be in front of the County Court-House.

No. 53. CH. CCXCVIII, p. 264. An Act amendatory of, and supplementary to, an Act approved March 12, 1858, entitled An Act to further extend the Act concerning Corporations," passed April 24, 1850. (Approved April 24, 1858.) Any nine or more persons, who may desire to act in concert for the care, protection, relief, or improvement of: 1. Orphans. 2. Foundlings. 3. Shipwrecked or destitute sailors. 4. Sick and disabled, or unprotected or needy persons, or for literary or educational purposes; and who shall desire to form an incorporated company or society, for the protection of either of said benevolent or educational objects, may do so by complying with the provisions of Chapter VIII of the Act concerning Corporations, passed April 22, 1850. And such benevolent and educational societies incorporated under the provisions of said Act, as hereby extended, shall possess the same powers, be subject to the like liabilities, and enjoy the like privileges as therein provided. Women, married or unmarried, may be incorporators, officers and members of benevolent, literary, or educational incorporations, for the purposes herein aforesaid, and may transact the business thereof in the same manner and subject to the same liabilities as males. But no married woman shall have power to contract or incur any liability therein against her husband; nor shall any husband be liable, in any manner, for any debt or liability in any manner contracted or incurred; nor shall the common property of the husband and wife be in any manner affected by his wife becoming or acting as such corporator, except the same be specifically agreed to by the husband and wife in writing. Any corporations formed under the provisions of said Act, shall have the right to acquire, by purchase, or otherwise, and to hold any quantity of land not exceeding five hundred acres, with the improvements thereon; or, if within the limits of any incorporated town, then not to exceed twenty acres, with the improvements thereon. Sec. 3. (Act March 12, 1858.) The corporations herein before enumerated shall have power to elect such officers and such number of Directors, Managers and Trustees, and fill vacancies, and make such needful rules and regulations, to carry their benevolent objects into effect, as they may by their constitution and by-laws from time to time provide, and as shall not be inconsistent with any of the laws of this State.

No. 54. CA. CCCXIII, p. 295. An Act to prevent the further Immigration of Chinese or Mongolians to this State. (Approved April 26, 1858.) On and after the 1st day of October, A. D. 1858, any person or persons of the Chinese or Mongolian races, shall not be permitted to enter this State, or land therein, at any port or part thereof; and it shall be unlawful for any man or person, whether captain or commander, or other person in charge of, or interested in, or employed on board of, or passenger upon any vessel or vessels, of any nature or description whatsoever, to knowingly allow or permit any Chinese or Mongolian, on and after such time, to enter any of the ports of this State, to land therein, or at any place or places within the borders of this State; and any person or persons violating any of the provisions of this Act, shall be held and deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in any sum not less than four hundred dollars, nor more than six hundred dollars, for each and every offense, or imprisonment in the county jail of the county in which the said offense was committed, for a period of not less than three months nor more than one year, or by both such fine and imprisonment. The landing of each and every Chinese or Mongolian person or persons, shall be deemed and held as a distinct and separate offense, and punished accordingly. Any captain or commander, or any person owning an interest in, or being employed upon, any vessel or vessels, having on board any Chinese or Mongolians, which may be by storm or distress, or other unavoidable accident, driven ashore upon any of the coasts of this State, or within any of the ports of this State, and from which any of said Chinese or Mongolians may be landed within this State, shall not be held liable under the provisions of this Act; provided, however, the fact of it being an unavoidable necessity or accident, be fully shown, to the satisfaction of the Court or Judge having the hearing of said case before him; and, provided further,

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