are prescribed in the preceding sections of this Act. Said lands to be sold, however, only upon the order of the Board of Supervisors of the county for which the land is selected, and when said Sheriff has sold the same, according to the order, he shall take a bond, payable to the county, for the use and benefit of the inhabitants of the township for which the land was selected, with good and sufficient security, approved by the Board of Supervisors in the county where the land is situated, and transmit the same to the Board of Supervisors of the county to which it properly belongs. In all cases where lands are selected and located in the Land Office of the district, the Surveyor-General shall immediately, upon notice of such approval of such location, by the General Government, make out and certify to the Recorders of each county, a certificate, showing the particular description of the land, by section, township and range, the number of section, township and range, and the county for which they were selected, which certificate shall be recorded by the Recorder of such county, and a certified copy thereof shall be evidence in any court of record. If any person shall, after the United States' surveys have been made, commit waste, trespass, or other injury, upon any school lands in this State, or upon any improvements thereon, the person so offending shall, upon conviction thereof, be fined in any sum not exceeding one thousand dollars. All civil officers, upon information, upon oath, or upon their own knowledge, shall cause any person committing any of the offenses mentioned in the preceding section, to be brought before them by like process, as in criminal cases, and to enter recognizance for their appearance at the Court of Sessions of the county, on the first day of the next term thereafter, and in default of recognizance, commit such person to the county jail, until the next term of the Court of Sessions. All fines, penalties and forfeitures, accruing under the provisions of this Act, shall be paid into the Treasury of the county, for the use of the inhabitants of the township to which the land belonged, on which waste or trespass was committed. All moneys arising from the sale of land, under the provisions of this Act, shall be set apart as a permanent School Fund, and the interest thereof only appropriated for the support and maintenance of Common Schools in the township to which the land belonged, from the sale of which the money accrued. The District Attorneys, within their respective counties, shall prosecute all suits for the recovery of moneys due on contracts made in pursuance of the provisions of this Act. The Sheriff, Treasurer and Recorder shall receive such compensation for services as may be allowed by the Board of Supervisors. Former Acts, providing for the selection of school lands, or for the erection of public buildings, or so much thereof as relates to the sixteenth and thirty-sixth sections of lands, approved May 5, 1855, is hereby repealed; provided, that all selections of land made under that Act are hereby made valid and binding.

No. 59. CH. CCCXLI, p. 326. An Act to amend an Act entitled "An Act to provide for the Incorporation of Railroad Companies," passed April 22, 1853, and an Act amendatory thereof, passed April, 14, 1856. (Approved April 26, 1858.) Sec. 11. As soon as practicable, not exceeding six months after such capital stock shall have been subscribed, the Commissioners to receive subscriptions thereto, shall distribute the same as aforesaid, shall appoint a time and place for a meeting of the stockholders to choose directors, select newspapers for the publication of notices, and transact other business. Such meeting shall be held in one of the counties in or through which said railroad is proposed to be constructed, and notice thereof shall be given by said Commissioners by public notice, to be published not less than twenty days previous thereto, in two or more newspapers published in said counties into or through which the said road is to run, if there are newspapers published in either of said counties, if not, in two or more newspapers published in the next adjoining counties. Not less than five nor more than thirteen directors shall be chosen at such meeting by ballot, and by a majority of the votes of the stockholders being present in person or by proxy; and every stockholder present, in person or by proxy, at such election, or at any subsequent election of directors, shall be entitled to give one vote for every share of stock which he shall have owned for thirty days next preceding such election; but no stockholder shall vote at any such election upon any stock, except such stock as he shall have owned for such thirty days. No person shall be a director unless he shall be a stockholder owning such stock absolutely in his own right, and qualified to vote for directors at the election at which he shall be chosen. At least three of the directors shall, at the time of their election, be resi

dents of either one of the said counties, in or through which the said railroad shall run. The directors thus chosen shall be directors for one year, and until others are duly elected in their places. The Commissioners mentioned in the last preceding section, shall be inspectors of the first election of directors, shall openly count the votes and declare the result; and shall within thirty days thereafter, file a certificate thereof, subscribed by them or a majority of them in the office of the Secretary of State, and in the office of the clerk of each county in or through which such railroad shall be proposed to be constructed, and shall also deliver to the Treasurer of said company all moneys received by such Commissioners on subscription to such capital stock not already paid over to the Treasurer. And they shall also deliver to the directors declared by them to be elected, all books and papers relating to such subscription or belonging to said company, in possession of said Commissioners. Subsequent elections shall be held annually at such time and place, in one of the counties into or through which such railroad shall pass, as shall be directed by the by-laws of the company. In case it shall happen, at any time, that an election of directors shall not be made on the day designated by the by-laws of said company, when it ought to have been made, the company for that reason shall not be dissolved, if within ninety days thereafter they shall hold an election for directors in such manner as shall be provided by such by-laws. At all meetings of the stockholders, when two-thirds of all the shares that may have been previously subscribed, are represented in person or by proxy, those so representing the same shall constitute a quorum for the transaction of business. Should the Commissioners fail to perform their several duties as set forth in this and the foregoing sections, said Commissioners or any of them, may be removed by the Board of Directors, who may elect others in their places by a two-thirds' vote of said board, notice of the meeting for such purpose having been first given by the Secretary of the company, not less than ten days previous thereto, in one or more of the newspapers provided for in Section five of the Act to which this is amendatory.

No. 60. CH. CCCXLVIII, p. 330. An Act making Appropriations for the support of the Civil Government of the State, for the tenth fiscal year, commencing on the 1st day of July, A. D., 1858, and ending on the 30th day of June, A. D., 1859, inclusive. (Approved April 26, 1858.) The following sums of money are hereby appropriated out of any money in the treasury not otherwise appropriated, for the objects hereinafter expressed, for the support of the civil government of the State for the tenth fiscal year, commencing on the 1st day of July, A. D. 1858, and ending on the 30th day of June, A. D. 1859, inclusive: For salary of the Governor, six thousand dollars; for rent of Governor's office, six hundred dollars; for contingent expenses of the Governor's office, nine hundred dollars; for special contingent fund of the Governor's office, five thousand dollars; for salary of Secretary of State, three thousand five hundred dollars; for pay of clerks in the office of the Secretary of State, seven thousand two hundred dollars; for postage for the office of Secretary of State, twelve hundred dollars; for contingent expenses of the office of the Secretary of State, twelve hundred dollars; for salary of Controller, four thousand five hundred dollars; for salary of clerks in the Controller's office, nine thousand six hundred dollars; for eontingent expenses of the Controller's office, twenty-five hundred dollars; for expressage of the Controller's office, fifteen hundred dollars; for salary of Treasurer, three thousand five hundred dollars; for salary of clerks in the office of Treasurer of State, seven thousand two hundred dollars; for contingent expenses of the office of the Treasurer of State, three thousand dollars; for salary of State Superintendent of Public Instruction, three thousand five hundred dollars; for contingent expenses of the office of the Superintendent of Public Instruction, fifteen hundred dollars; for rent of office of the Superintendent of Public Instruction, five hundred dollars; for salary of Surveyor-General, two thousand dollars; for contingent expenses of the office of Surveyor-General, nine hundred dollars; for salary of draughtsman in the office of Surveyor-General, twenty-four hundred dollars; for rent of office of the SurveyorGeneral, eight hundred and forty dollars; for salary of Quartermaster-General, two thousand dollars; for contingent expenses of the office of Quartermaster-General, three hundred and sixty dollars; for rent of office of Quartermaster-General and State Armory, twelve hundred dollars; for salary of Attorney-General, two thousand dollars; for pay clerk in the office of the Attorney-General, one thousand dollars; for contingent expenses

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of the office of Attorney-General, six hundred dollars; for rent of office of Attorney-General, six hundred dollars; for salary of the Secretary of State, as a member of the Board of Examiners, six hundred dollars; for salary of the Attorney-General, as member of the Board of Examiners, six hundred dollars; for salary of the Private Secretary of the Governor, as Clerk of the Board of Examiners, six hundred dollars; for compensation of Experts for Board of Examiners, six hundred dollars; for salaries of Justices of the Supreme Court, twenty-two thousand dollars; for contingent expenses of the Supreme Court, three thousand dollars; for rent of Supreme Court rooms, twenty-eight hundred dollars; for salary of District Judges, seventy thousand dollars; for per diem and mileage of Lieutenant-Governor and Senators, forty thousand dollars; for pay of officers and Clerks of the Senate, fifteen thousand dollars; for per diem and mileage of members of the Assembly, one hundred thousand dollars; for pay of officers and Clerks of the Assembly, twenty-four thousand dollars; for contingent expenses of the Senate, five thousand dollars; for contingent expenses of the Assembly, nine thousand dollars; for stationery, fuel, lights, etc., for the Legislature, ten thousand dollars; for salary of Private Secretary of the Governor, two thousand dollars; for printing, paper and official advertisements, fifty thousand dollars; for support of the State Asylum for the Insane, fifty-five thousand dollars; for salary of Resident Physician to the Asylum for the Insane, five thousand dollars; for salary of Visiting Physician to the Asylum for the Insane, three thousand dollars; for rent of State House, twelve thousand dollars; for rent of State Library Rooms, twelve hundred dollars; for contingent expenses of State Library, six hundred dollars; for copying laws for State Printer, five hundred dollars; for marginal notes and index to laws, three hundred dollars; for indexing journals of the Legislature, eight hundred dollars; for the translation of the laws into Spanish, one thousand five hundred dollars; for salary of Reporter of the Supreme Court, four thousand dollars; for the expense incurred by counties of trying escaped convicts, two thousand dollars; for carrying out the provisions of the Stamp Act, three thousand dollars; for the support of Common Schools in this State, the sum of thirty-two thousand nine hundred and fifty dollars and forty cents, one-half thereof to be distributed semi-annually, as provided by law, for the distribution of school moneys, being the same amount due from the State to the School Fund, for interest on receipts from the sales of School Lands; for costs of suits when the State is a party, to be expended under the direction of the Attorney-General, fifteen hundred dollars; for the prosecution of delinquents, three thousand dollars; for salary of the Register of the Land Office, five hundred dollars; for salary of a Clerk for the Land Office, twelve hundred dollars; for contingent expenses for the Land Office, seven hundred dollars. The sum herein appropriated as a Contingent Fund of the Senate and Assembly, shall be disbursed under the direction of the body to which it may respectively belong, and shall not be subject to any of the provisions of an Act for the better protection of the State Treasury, approved April 16th, 1856. The Controller of State shall not draw his warrants for the payment of any money out of the appropriations made by this Act, until money for the payment of the same is in the State Treasury, nor for the payment of any service done, or debt accrued, prior to the 1st day of July, A. D. 1858. The Controller shall draw his warrants for the payment of all claims entitled to be paid under the provisions of this Act, in the order of the dates of said claims becoming due, and not otherwise. No officer allowed contingents, under the provisions of this Act, shall be permitted to contract any debts or liabilities beyond the amount herein appropriated.

No. 61. CH. CCCXLIX, p. 333. An Act amendatory of, and supplementary to, an Act entitled "An Act amendatory of, and supplementary to, an Act to establish, support and regulate Common Schools and to repeal former Acts concerning the same," approved May 3, 1855, passed March 28, 1857. (Approved April 26, 1858.) See Common Schools, p. 125, 127-8. No. 62. CH. CCCLIII, p. 339. An Act to provide for the Collection of Licenses of Billiard Tables, Billiard and Drinking Saloons, Restaurants and Eating Houses. (Approved April 26, 1858.) That for the purpose of collecting the revenue of the State, and preventing the evasion of the license laws now in force upon the general statutes of California: All billiard tables, bar fixtures, and furniture, belonging to or in use for the purpose of carrying on the business of any billiard, drinking saloon, restaurant, or eating house, are held liable

for the amount due for the license tax assessed on the same; and it is hereby expressly provided, that, upon the failure of the parties keeping any such establishment, or exercising ownership therein, to pay the license of the same, in manner and form as provided by law, the Tax Collector of the county, town or district, where such establishment may be located, or any properly authorized officer, whose duty it may be to enforce the collection of any such license, may seize any such billiard table, bar fixtures, saloon furniture, and such appurtenances, and shall proceed to sell, as upon execution at law, any such articles, or so much thereof as may be requisite for the payment of such tax or license as may be due and owing on account of the same.

No. 63. CH. CCCLVI, p. 342. An Act providing for the Registration of Marriages, Births, Divorces and Deaths in California.* (Approved April 26, 1858.) That the Governor of the State be, and is hereby authorized to appoint, by and with the advice and consent of the Senate, a State Registrar, who shall hold his office at the Capital of the State, for the term of two years, or until his successor is qualified; who shall give bonds, in the sum of four thousand dollars, for the faithful performance of his duties, which are regulated and defined as follows: He shall prepare and furnish to the County Recorder of each county suitable blanks and books, prepared according to the following forms: FOR MARRIAGES-Entries of the date, locality, name, surname, residence, and age of the respective parties, the place of nativity of the same, when the record was made, together with the name, place of residence, and official station of the person performing the marriage ceremony. FOR BIRTHS-Entries of the date, and locality of the same, the name, sex and color, of the child, the names, nativity, color and residence, of the parents, and the date of the record. FOR DIVORCES-Entries of the date of the divorce, Christian and surnames, and residence of the parties obtaining the same, title of the Court granting the divorce, and the name of the party making the application, the grounds upon which the divorce was granted, and the date when the record was made. FOR DEATHSEntries of the date, and name, sex, age, color, single or married, occupation, nativity, disease or cause of death, place of interment, and date when the record was made. Accompanying these blank forms and books, which shall be uniform in size and pattern, the State Registrar shall furnish such instructions and explanations as he may deem necessary for the carrying out the provisions of this Act. The State Registrar shall keep a record of all such returns as shall be made to him by the County Recorders, as hereinafter provided, and shall file, or cause to be bound together, all such returns for safe keeping. He shall prepare therefrom an annual report, containing full tabular results, which shall render them of practical utility, to be submitted to the Governor on the first day of December of each year. He shall, also, perform whatever may be required of him to carry into practical effect the provisions of this Act. His salary shall be one hundred dollars per month, payable out of the Registration Fund in the State Treasury, and one-third of the amount of the fees paid the County Recorders for the recording of marriages, births, deaths and divorces, as herein provided for. It shall be the duty of all persons performing the ceremony of marriage, to enter in the office of the Recorder of the county in which such marriage takes place, a record of every such marriage, in accordance with the provisions of the first section of this Act; and it shall also be the duty of all parents, keepers and Superintendents of Prisons, Alms-Houses, Hospitals, Houses of Correction, and other public and private institutions, and the commanding officer of every ship or other vessel, to enter in like manner, at the office of the Recorder of the county wherein a birth occurs, a record of the same, according to the provisions of the first section of this Act. It shall likewise be the duty of every person having obtained a divorce, to enter in the office of the Recorder of the county wherein such divorce is obtained, a record of such divorce, according to the provisions of the first section of this Act. And it shall further be the duty of every sexton, * This law is similar to those existing in most of the European, as well as the older States of the Union. When it is fairly understood, the necessity thereof will be apparent, and its benefits appreciated by the people of this State, for in no country in the world, perhaps, is a record of this kind of more importance than in California, the population of which, consisting as it does of citizens of all nations of the world, is at the same time more migratory, fluctuating and transient in its elements than any other on the Globe.

or other person having charge of a burial, to enter in the office of the County Recorder [of the county] wherein such burial is performed, a record of the death of every person so buried, according to the provisions of the first section of this Act. Every party, on entering a record of marriage, birth, divorce or death, shall pay to the County Recorder, for making such entry, the sum of fifty cents; and every person neglecting to comply with the provisions of Section three of this Act within one month from the date of such marriage, birth, divorce or death, shall, on conviction thereof, be subject to a fine of not less than ten, nor more than one hundred dollars; one-half of which shall be paid into the Registration Fund, and the other half to the person giving information of each neglect. Every County Recorder is hereby required to enter every record of marriage, birth, divorce or death, according to instructions he may receive from the State Registrar, in books furnished him, to be retained as books of record in his office; and further, to prepare and transmit a duplicate of the same every three months, to the State Registrar, according to the provisions of this Act. And every County Recorder shall pay into the treasury of his county two-thirds of the amount of the fees received by him for the registries made in accordance with the provisions of this Act, for the benefit of the Registration Fund; one-half of which said amount shall be paid to the State Registrar, retaining the remaining third as his fees for performing the service required in this Act. It shall be the duty of every County Treasurer to keep a separate account of all moneys received, in accordance with the provisions of this Act, and to pay over such moneys to the State Treasurer, at such times as he is required by law to make his payments. It shall be the duty of the State Treasurer to keep a separate account of the moneys received, in accordance with the provisions of this Act, and to credit the same to the Registration Fund; out of which the State Treasurer is hereby required to pay the salary of the State Registrar herein before provided for. The sum of five hundred dollars, of any money in the treasury not otherwise appropriated, is hereby set apart as a Contingent Fund, out of which the State Registrar, shall be entitled to draw such sums as he shall deem necessary to carry out the requirements of this Act; and it is hereby made the duty of the State Treasurer to restore from the Registration Fund, paid into the State Treasury, by virtue of this Act, the said sum of five hundred dollars, to the General Fund. The State Registrar is hereby required to procure a seal of office, with which he shall authenticate all his official acts; and a certified copy, under said seal, of marriages, births, divorces or deaths, as authorized by this Act, attested by the State Registrar, shall be deemed prima facie evidence of the facts therein contained, in an[y] court of justice in this State, and the State Registrar shall be entitled to receive for each certified copy as aforesaid, the sum of one dollar.

No. 64, CH. CCCLVIII, p. 345. An Act for the better protection of Settlers on Public Lands in this State, and to secure the rights of parties in certain cases. (Approved April 26, 1858.) Any party heretofore ousted, or who may be hereafter ousted, from the possession of any land, in an action at law, by any party claiming title thereto under any foreign grant, which grant shall be finally rejected, or shall be finally located, so as not to include such land, shall and may have his action in the proper court, against the party in whose favor the writ of restitution issued, and against the party in possession, to recover back the possession of any such land, with the rents and profits thereof, from the time he was so ousted, till he shall be restored to the possession of the same, together with all costs and damages he may have sustained by reason of said action of ejectment, as provided in Section two of this Act. In any such action, if it shall appear that the plaintiff had been ousted by writ of restitution from such land in a former suit, wherein he had been defendant, that the party who sued out such writ claimed his title through a foreign grant, and that such grant had been finally rejected, or located so as not to include such land, such facts shall entitle the plaintiff to judgment in his favor, and a writ of restitution against the party in possession, with a several judgment, for all costs and damages sustained by such action of ejectment, against the party by whom he was originally ousted, and for all rents and profits against each of the defendants, for the time each had been in possession of such premises, after the service of the writ of restitution, and such party plaintiff shall not be stopped in his suit by reason of the former judgment against him.