liquors, to reside in the city of San Francisco, and to continue in of fice for two years. SEC. 2. Said gauger, before entering upon his office, shall take and Oath and bonds. subscribe the oath of office and give bonds in the sum of twenty-five thousand dollars for the faithful discharge of his duties. SEC. 3. It shall be the duty of said officer to gauge and inspect Duty. all wines and liquors which may be, or arrive, in said city, and to mark upon the cask or case, the quantity and quality of the same, for which services he may charge and receive one-half of one cent per gallon of the wines and liquors so inspected. selling without SEC. 4. Any person in the city of San Francisco, selling or offering Penalties for for sale any wines or liquors in casks or cases, without the inspector's gauger's mark. mark thereon, shall be liable for each offence to a fine not less than one hundred dollars, nor more than five hundred dollars. CHAPTER CLXXXI. AN ACT for the Protection of Game.-[Passed May 1, 1852.] The People of the State of California, represented in Senate and game prohibited. SECTION 1. It shall not be lawful for any person or persons, here- Killing of certain after, to kill or destroy any of the following game, within the times hereinafter specified, viz: quail or partridges, mallard duck, and the wood or summer duck, shall not be killed between the twentieth day of March and the first day of September in each year. Female elk, deer, and antelope, with their young, shall not be killed at any time at certain between the first day of March and the first day of July in each year. (1) seasons. SEC. 2. Any person who shall be convicted of an offence against Penalties. the provisions of the foregoing section, or who shall buy or sell, or expose to be bought or sold, any such game, above enumerated, within the time therein specified, shall be fined for any and each offence in the sum of fifty dollars, one-half of which fine shall in each case be paid to the informer. SEC. 3. It shall be the duty of the justices of the peace, to take Duty of justices cognizance of all offences under this law. of the peace. certain counties. SEC. 4. This law shall be operative in the counties of Monterey, Operation in Santa Cruz, Santa Clara, San Francisco, Contra Costa, San Joaquin, Sacramento, Yolo, Solano, Napa, Sonoma and Marin. Colusi Co. Mar 18/54 that //. 43 Juchenne Co. Ar 13.1854 462. (1) Amendment inserted from Stat. 1853, p. 195. Sie pp. 123. Occupants of public lands may defend possession. Mineral lands. Extent of claim. Metes and bounds. CHAPTER CLXXXII. AN ACT prescribing the Mode of maintaining and defending pos- The People of the State of California, represented in Senate and SECTION 1. Any person now occupying and settled upon, or who may hereafter occupy or settle upon any of the public lands in this state, for the purpose of cultivating or grazing the same, may commence and maintain any action for interference with, or injuries done to his or her possession of said land, against any person or persons so interfering with, or injuring such land or possession: Provided, that if the lands so occupied and possessed, contain mines of any of the precious metals, the possession or claim of the person or persons occupying the same for the purposes aforesaid, shall not preclude the working of such mines by any person or persons desiring so to do as fully and unreservedly as they might or could do had no possession or claim been made for grazing or agricultural purposes. (2) SEC. 2. Every such claim, to entitle the holder to maintain any action as aforesaid, shall not contain more than one hundred and sixty acres, and the same shall be marked by metes and bounds, so that the boundaries may be readily traced, and the extent of such claim easily known, and no person shall be entitled to maintain any such action To be occupied. for possession of or injury to any claim, unless he or she occupy the same, and shall have complied with the provisions of the third and fourth sections of this act. (3) Claim to be recorded. Affidavit. Contents. SEC. 3. Any person being a citizen of the United States, claiming any of the public lands in this state, shall file in the office of the recorder of the county in which such lands are situated, his affidavit setting forth First, that his or her lines do not embrace more than one hundred and sixty acres of land; Second, that he or she has taken no other claim under this act, and to the best of his knowledge and (1) Non-payment of taxes may be pleaded in bar to an action under this statute. See ante, chapter 127, article 10, Sec. 2. (2) A party in the actual possession of land cannot, by process of law, be dispossessed by another who has neither title nor color of title. Suñol vs. Hepburn, Cal. Sup. Court Rep., vol. 1, page 254. (3) The possession of a party, who has neither title nor color of title, does not extend beyond the metes and bounds of his actual occupation. Suñol et al. vs. Hepburn, Cal. Sup. Court Rep., vol. 1, page 255. belief, that the said lands are not claimed under any existing title: upon the filing of this affidavit, the recorder shall proceed to record. said claim in a book to be kept in his office for that purpose. improved. SEC. 4. Within ninety days after the date of said record, the party Land to be recording is hereby required to improve the land thus recorded, to the value of two hundred dollars, by putting such improvements thereon as shall partake of the reality, unless such improvements shall have been made prior to the application to record, according to section third. absent himself. SEC. 5. At any time after the provisions of the second, third and Occupant may fourth sections of this act shall have been complied with, the party so complying shall be permitted to absent himself or herself from such claim without being required to occupy the same for a period of not more than twelve months: Provided, the person so wishing to Conditions. absent himself or herself, shall first pay to the treasurer of the county in which said claim shall be situated, the sum of fifteen dollars, upon which payment the treasurer shall issue a receipt for the same; at any time within twelve months after the date thereof, such receipt shall be received as prima facie evidence of possession, in any court having jurisdiction in such cases, for the recovery of the possessory right to, or injury done to such claim. Any person absenting himself from said claim for a longer period than sixty days, without first paying the sum as provided in this section, shall forever forfeit his claim to the lands. One half of the amount paid to any county treasurer Appropriation of under the provisions of this section, shall be paid by said treasurer this act. into the general fund of said county, and the balance in the state treasury, whenever making his regular settlements with the state treasurer. The state treasurer shall set apart and retain all moneys received from such source, as a special fund, which may hereafter be appropriated by law, for the maintenance and protection of the in sane. revenue from action. SEC. 6. On the trial of any such causes, the possession or posses- Proceedings in sory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him or her, according to section third, to have and maintain any action as aforesaid, without being compelled to prove an actual enclosure. (1) (1) The fact that cattle and horses of a person have roamed over, and grazed upon a particular tract of land, does not, of itself alone, make out an actual possession of the land in him. Suñol vs. Hepburn. Cal. Sup. Court Rep., vol. 1, p. 255. Rights of settlers. Swamp and school lands. Timber lands. Former act repealed. SEC. 7. All the rights and benefits given to settlers on public lands by this act, shall extend to and be enjoyed by all persons who shall acquire any rights of possession, or title, by the provision of any act which has been, or may hereafter be passed, to secure a pre-emption right to the overflowed and swamp or school lands of this state. SEC. 8. The provisions of this act shall not apply to any lands on which red wood timber grows, south of thirty-eight degrees and thirty minutes. "An act describing the mode of maintaining and defending possessory actions on land belonging to the United States," passed April eleventh, one thousand eight hundred and fifty, is hereby repealed. Costs. CHAPTER CLXXXIII. AN ACT in relation to Actions wherein the State is a Party.- The People of the State of California, represented in Senate and SECTION 1. All costs which have or may hereafter accrue in cases where the state is a party to any action in any of the courts of this state, and wherein the state, according to law, is liable, shall be paid out of any funds in the state treasury not otherwise appropriated. Former act amended. Powers of water companies. CHAPTER CLXXXIV. AN ACT to provide for the Incorporation of Water Companies.- The People of the State of California, represented in Senate and SECTION 1. The provisions of chapters one and five of the act entitled "An act concerning corporations," passed April twenty-second, one thousand eight hundred and fifty, shall extend to and apply to all associations already formed or hereafter to be formed under said act, for the purpose of supplying any cities or towns in this state, or the inhabitants thereof, with pure and fresh water. SEC. 2. Any company incorporated for the purposes specified in the preceding section, shall have the right to purchase or take possession of, and use, and hold, such lands and waters as may be re quired for the purposes of the company, lying without the limits of sion of land. agree upon a purchase for the use of the company, shall be the same eu/pp 265as prescribed in sections (seventeen) and (eighteen) of "An act to pro 27 vide for the incorporation of railroad companies," passed April twen- The same as railty-eight, one thousand eight hundred and fifty-one. road companies. SEC. 3. This act shall not give to any company a right to supply Supply of cities. any city with water, unless it shall be previously authorized by an ordinance, or unless it be done in conformity with a contract entered into between the city and the company; any contracts hereafter so made shall be valid and binding in law, but shall not take from the Establishment of city the right to regulate the rates for water, nor shall any exclusive right be granted by contract, or otherwise, for a term exceeding twenty years. rates, etc. CHAPTER CLXXXV. AN ACT concerning the Independent Order of Odd Fellows. (1)— [Passed May 4, 1852.] M.123. Ulmended it, 1956 Encampment The People of the State of California, represented in Senate and hold property. The grant lodge of the SECTION 1. The grand (ledge) of the independent order of odd fel- May acquire and lows, of the state of California (ny) subordinate lodgesthereof,y) acquire and hold such property, real and personal, as may be deemed necessary to carry out the charitable purposes of said institution, and may sue and be sued, and shall have such other general powers as are granted to corporations, under the law entitled "An act concerning corporations," passed April twenty-second, one thousand eight hun-howered to dred and fifty. (1) See ante, p. 308, and post, chap. 186. se im |