Payment in full. Surplus in one full third of the amount to become finally due upon their respective contracts. SEC. 6. Upon the final completion of said bridges, or either of them, and the acceptance thereof by the said Board of Supervisors, the County Auditor of said county shall draw his warrant or warrants on the said Bridge Fund of Tehama County, in favor of the person or persons who may have constructed the said bridges, or either of them, for the balance due such persons respectively; and all warrants drawn in pursuance of this section shall bear interest at and after the rate of seven per cent. per annum from the date of their presentation to the County Treasurer of said county until finally paid; provided, always, that said interest shall be payable only out of said Bridge Fund. SEC. 7. All moneys remaining in said Bridge Fund of Tehama County, after paying for the construction of said bridges and interest due upon the warrants drawn on said fund, shall immediately be transferred to the General Fund of said county, and said tax shall thereupon cease to be levied. SEC. 8. All Acts and parts of Acts, so far as the same may conflict with any of the provisions of this Act, are hereby repealed. SEC. 9. This Act shall take effect from and after its passage. Authorized. of lot, CHAPTER CLIV. An Act to authorize the Commissioners of the Deaf, Dumb and [Approved March 12, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Commissioners of the Deaf, Dumb and Blind Institute are hereby authorized and empowered to convey to the several purchasers thereof, by good and sufficient deeds of conveyance, all that lot of land in the City and County of San Description Francisco, bounded and described as follows: Commencing at the southeasterly corner of Mission and Fifteenth streets; running thence easterly, along the southerly line of Fifteenth street two hundred and forty-five feet, to the westerly line of Whitney street; thence southerly along said line of Whitney street, two hundred and sixty feet; thence at a right angle, westerly, two hundred and forty-five feet, to the easterly line of Mission street; and thence northerly, along said line of Mission street, two hundred and sixty feet, to the place of beginning; provided, possession shall not be given until the new institution provided for in an Act entitled an Act to provide for changing the location of the California Institution for the Education of the Deaf, Dumb and Blind, passed March thirty-first, eighteen hundred and sixty Possession given. six, shall be so far completed as to justify the removal of the pupils thereto. SEC. 2. Such deeds, when executed, shall pass to the grantees Title contherein, respectively, all the interest of the State of California, veyed. and all the interest which at any time heretofore was vested in Frederick Billings, James A. McDougall, B. H. Randolph, P. B. Clark and Horace P. Janes, Trustees, in and by a certain conveyance from John Center to them, dated May thirtieth, eighteen hundred and sixty-one, and recorded in the Recorder's office of said city and county, in liber one hundred and thirtyone of deeds, at page five hundred and thirty-six, or otherwise soever, in or to the lands so conveyed, subject to the limitations and reservations contained in section one of this Act. SEC. 3. The sale of said lands made by the said Commissioners, at public auction on the twentieth day of November, eighteen hundred and sixty-seven, is hereby confirmed. SEC. 4. This Act shall take effect on its passage. CHAPTER CLV. An Act to provide for the payment of certain unredeemed State indebtedness. [Approved March 12, 1868.] The People of the State of California, represented in Senate and Assembly, do enact as follows: deem bond certificate SECTION 1. The sum of one thousand eight hundred and fifty- Appropriasix dollars is hereby appropriated, out of any money in the Gen- tiend eral Fund not otherwise appropriated, to redeem a certain bond No. 839 and of the State of California, with interest coupons attached, issued No. 481. the first day of July, Anno Domini eighteen hundred and fiftysix, for the sum of one thousand dollars, and particularly described as Bond number eight hundred and thirty-nine. Also a certain certificate issued by the State Treasurer the twentysecond day of July, Anno Domini eighteen hundred and fifty-six, for the sum of fifty-one dollars, and particularly described as Certificate number four hundred and eighty-one; the said bond and certificate being issued under the Act of April nineteenth, one thousand eight hundred and fifty-six. SEC. 2. Upon the surrender to the State Board of Examiners of the above described bond, with interest coupons from number one to number thirty-eight, inclusive, and the above described certificate of indebtedness, by I. and S. Wormser, the Board of Examiners are hereby authorized and directed to cancel the said bond and coupons and certificates, and to approve and certify to the Controller of State a claim in favor of the said I. and S. Wormser for the sum named first in this Act, the same being the amount of the principal of said bond and certificate and the interest coupons due on said bond up to the first day of January, Anno Domini eighteen hundred and sixty-eight; and the Controller of State is hereby authorized to draw his warrant for the said amount, and the State Treasurer to pay the same. SEC. 3. This Act shall take effect immediately. Counties exempted. CHAPTER CLVI. An Act to amend an Act entitled an Act to authorize the incorporation of canal companies and the construction of canals, approved May fourteenth, eighteen hundred and sixty-two. [Approved March 12, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section fifth of said Act is hereby amended so as to read as follows: [Section 5.] The provisions of this Act shall not apply to the Counties of Nevada, Amador, Sierra, Klamath, Del Norte, Trinity, Plumas, Calaveras, Tuolumne and Lassen. SEC. 2. This Act shall take effect from and after its passage. Franchise given. Location. CHAPTER CLVII. An Act authorizing the construction of a wharf in the County of Yolɔ, and to build a railroad in connection therewith. [Became a law by operation of the Constitution, March 10, 1868.] The People of the State of California, represented in Senate and SECTION 1. F. S. Freeman, William Minis, Charles H. Grey, G. Kaufman, M. Hyman, Charles Coil, L. Dryfus, Geo. W. Scott, Camillas Nelson, Usual Shellhammer, Geo. D. Fisk, E. Giddings. C. P. Sprague, their associates and assigns, are hereby authorized and empowered to construct and maintain a railroad in Yolo County, from the Town of Woodland, east of the Sacramento River, at a point near Elkhorn Ranch; and the company thus empowered to construct and maintain said road shall be known as the Woodland and Sacramento River Railroad Company; and said company shall have the right of way and may enter upon and occupy any public lands necessary to carry out the object of the corporation; and they are authorized and empowered to build a wharf at said point on the Sacramento River, and may there collect such wharfage as may be authorized by the Board of Supervisors of Yolo County; provided, the lands selected for said wharf shall not comprise more than one thousand feet of the river front, and shall in no way interfere with the free navigation of said stream. SEC. 2. For the purpose of constructing said railroad and Railroad law building said wharf, there are hereby given, granted and con- applicable. ferred to and upon the said Woodland and Sacramento River Railroad Company and its assigns, all the powers, rights and privileges given, granted or conferred to or upon railroad corporations by an Act entitled an Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixty-one, and by all Acts since passed amendatory of said Act; provided, section fifty-one of Exception. said Act of May twentieth, eighteen hundred and sixty-one, shall not be applicable to this franchise, but the said company shall be allowed to charge and collect such fares, freights and tolls as the Board of Supervisors of Yolo County may authorize; provided, the rates fixed shall not reduce the net income from said railroad below eighteen per cent. per annum on the total amount invested. SEC. 3. The franchise herein granted shall continue for the term of twenty years; provided, said company shall commence work upon said road within one year, and complete the same within three years after the passage of this Act. SEC. 4. This Act shall take effect and be in force from and after its passage. This bill having remained with the Governor ten days (Sundays excepted), and the Senate and Assembly being in session, it has become a law this tenth day of March, eighteen hundred and sixty-eight. H. L. NICHOLS, Secretary of State. CHAPTER CLVIII. An Act to authorize H. B. Tichenor and R. G. Byxbee to construct a railroad, railroad wharf and toll bridge in Mendocino County: [Became a law by the operation of the Constitution, March 11, 1868.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. H. B. Tichenor and R. G. Byxbee are hereby Franchise. authorized to construct and maintain, for the period of twenty years from the passage of this Act, a railroad track, railroad wharf and a public toll bridge at the mouth of and across the Navarro River, in Mendocino County, and shall have and are hereby granted the right of way across said river, with all the privileges, rights of way, franchises and immunities hereinafter mentioned. SEC. 2. Said railroad track shall commence at the sawmill of said Tichenor and Byxbee, and cross said river at the most convenient point near said mills, and thence along the northern shore of said river to the ocean. Said railroad wharf may Location. Toll bridge. Collect tolls. Regulate extend into the ocean a sufficient distance to allow railroad cars, loaded with lumber or other merchandise, to land and be loaded for water transportation. A space of one hundred feet in width on each side of said wharf, bounded by water, is hereby set apart for free access to and from said wharf. SEC. 3. The said H. B. Tichenor and R. G. Byxbee shall have full authority to construct a public toll bridge across said river at any point between the said sawmills and the mouth of said river, and to maintain the same for the said period of twenty years. The said parties shall, at all times after the completion of the bridge aforesaid, keep the same in good order and condition, and shall be responsible for all damages to person or property crossing the same, caused by neglect to keep the same in proper repair. Said bridge shall be built in a substantial manner, of durable materials. SEC. 4. Said parties and assigns shall be authorized to charge and collect such tolls as the Board of Supervisors of Mendocino County shall fix; provided, that the Legislature may, at all times, charge [change] or modify the rates so fixed by the Supervisors. SEC. 5. The said parties and assigns may regulate the speed, etc. speed of travel, riding or driving upon said bridge, and may require the same to be no faster than a walk. Notice of such regulation, together with the rates of toll, shall be kept posted up on some conspicuous place upon said bridge; and for each violation of said regulation, the party offending, if prosecuted in any Court of competent jurisdiction, shall be fined in any sum not less than ten nor more than fifty dollars, and in addition shall be liable to said parties and their assigns for all damages actually sustained by reason of said violation. Bonds. License. SEC. 6. The said parties and their assigns may regulate and determine the number of cattle that may pass over said bridge at any one time, which regulation shall be affixed to the rate of toll in some conspicuous place as aforesaid; and the said parties or their assigns shall not be liable for any damages resulting from a violation of such regulation. SEC. 7. The said parties and their assigns shall, from time to time, as said Board of Supervisors may require, execute to The People of the State of California, for the benefit of any person or persons injured, a bond, with such sureties and in such an amount as said Board of Supervisors may deem proper for the faithful performance of the duties required of them and their assigns under this Act. SEC. 8. The Board of Supervisors of Mendocino County shall fix and regulate the amount of license to be paid on said toll bridge each year; provided, said license shall not exceed fifty dollars for any one year. SEC. 9. Said railroad track, wharf and toll bridge shall be commenced within one year, and completed within three years from the passage of this Act; otherwise, the privileges granted by this Act shall be forfeited. SEC. 10. An Act entitled an Act to authorize H. B. Tichenor and R. G. Byxbee to construct a railroad and railroad wharf in Mendocino County, passed March thirty-first, eighteen hundred and sixty-six, is hereby repealed. |
