SEC. 2. Said Board of Supervisors shall appoint a Pound Keeper. Keeper for each Pound established by them, and he shall hold his office for the term of one year, and until his successor is appointed and qualified. If the Pound Keeper shall fail or refuse to qualify, or to act, or if a vacancy shall at any time occur, from any cause, said Board of Supervisors shall make a new appointment. SEC. 3. Said Board of Supervisors shall, from time to time, Fees, etc. establish the rate of fees and charges to be paid to the Pound Keeper, for receiving, keeping, and feeding, the several kinds of beasts authorized by this Act to be impounded, and such rate of fees and charges shall be kept posted up, by the Pound Keeper, at some conspicuous place at his Pound, but neither such fees or charges, nor the costs or charges of establishing, furnishing, or maintaining, the Pound, shall be paid out of the County Treasury. SEC. 4. When any person is injured in his land, or the crops, Damagos. or any property thereon, by any horses, neat cattle, mules, sheep, goats, or swine, or any one of them, by or after their breaking or passing over a lawful fence, enclosing in whole or in part such land, either by itself or in common with other lands, he may recover his damages in a civil action against the owner or keeper of the beasts, or by distraining the beasts doing damage, and proceeding therewith as hereinafter directed. pounded. SEC. 5. The beasts so distrained for doing damage, shall, Animals within twenty-four hours after being distrained, be driven to to be the nearest Pound in said county, but not more than five miles from the place where the same have been distrained, and shall be placed in the custody of the Pound Keeper of said Pound, who shall furnish them with suitable food and water while they remain impounded. dum of SEC. 6. The distrainor of such beasts shall leave with the MemoranPound Keeper a memorandum, in writing, under his hand, damages. stating the cause of the impounding, the sum that he demands from the owner or keeper of the beasts, for the damages done by the beasts, and the name of the owner or keeper of said beasts, if known to him, and the kind and number of such beasts, and their marks and brands, if they have any; and the Pound Keeper shall enter the same, or an abstract thereof, in a book kept by him for that purpose, and keep a list of such beasts, while they remain in his custody, posted up at his Pound. charges, and SEC. 7. The Pound Keeper, when the beasts are in his cus- Payment tody, shall not deliver them to the owner or keeper until the of fees, owner or keeper pays him his fees and charges, the sum de- damages. manded by the distrainor for his damages, the expenses of advertising the beasts, if they have been advertised, and all other legal costs and expenses. SEC. 8. When beasts are impounded, the distrainor shall, Notice to within twenty-four hours thereafter, give notice of such im- owner. pounding, in writing, to the owner or keeper thereof, if known to him, and living within ten miles from the place of distraining, which notice shall be delivered to the party, or left at his place of abode, and shall contain a description of the beasts, with Notices. Referees. Damages. Sale. their marks and brands, if any, and a statement of the time, place, and cause, of impounding, and the claim for damages. SEC. 9. If there is no person entitled to the notice, according to the preceding section, and the proper person does not appear, to claim the beasts impounded, the distrainor shall, within fortyeight hours after their being impounded, post notices in public places in the township where they were distrained, stating therein the description of the beasts, the time and place of, and the cause of, their being distrained, by whom distrained, the damages claimed by him, and the place where impounded, and in such case, if their value exceed fifty dollars, he shall, within ten days after their being impounded, cause a like notice to be published weekly, for three successive weeks, in a newspaper published in said county. The posting and publication of the notices may be proved by the affidavit of any person knowing the same to have been done, and the costs for posting and publication shall be the same as in case of sales of property by Constables, and shall be paid as other costs and charges are herein required to be paid. SEC. 10. If the owner or keeper of the beasts is dissatisfied with the claim for damages of the distrainor, he may, within five days after the notice to him, or after the advertisement, as above provided for, have the amount for which he is liable, ascertained and determined by Referees, one to be selected by the distrainor, one by the owner, and the third by the two so selected, and if they cannot agree upon the third Referee, or if either of the parties fail or refuse to select a Referee, as above provided for, he or they shall be appointed by the Justice of the Peace nearest to the place where the beasts were distrained. Said parties may agree upon a less number of Referees. Said Referees shall be sworn, if required by either of said parties, and they shall, within two days after their appointment, ascer tain and determine the amount of such claim for damages, and forthwith return the same, in writing, to the Pound Keeper. The Referees shall be entitled to the same fees as jurors in civil cases before a Justice of the Peace. If the Referees reduce the amount of said distrainor's claim more than ten per cent., he shall pay said fees, and if not so reduced, such owner or keeper shall pay such fees. SEC. 11. If the sum for which the beasts were impounded, with the fees, charges, and expenses, above provided for, be not paid within two days after notice of impounding has been given, as above directed, or after the last publication in a newspaper, as above directed, if Referees have not been appointed, as above provided for, the distrainor shall apply to the said Justice of the Peace, and obtain the appointment of three Referees, who shall ascertain and determine the amount of damages for which the beasts have been impounded, and return the same, in writing, to said Justice of the Peace and said Pound Keeper. SEC. 12. If the amount, found due by the Referee, for damages, and the fees, costs, and expenses, above provided for, be. not forthwith paid, the Pound Keeper shall sell the said beasts, or so many thereof as may be necessary to pay said damages, fees, costs, and expenses, and accruing costs, at public auction, after advertising the time and place of sale, not less than five days, in the same manner as in case of sales of personal property under execution by Constables. SEC. 13. The Pound Keeper shall, within five days after such Proceeds. sale, pay the proceeds of such sale, after deducting said damages, fees, costs, and expenses, to the County Treasurer of said county, and file his receipt therefor with the County Auditor of said county. If any person shall, within two years thereafter, show to the Board of Supervisors of said county that he is entitled to the said sum of money, or any part thereof, they shall order the same to him; and if the same shall not be so ordered to be paid within said two years, then it shall be paid by said Treasurer into the Common School Fund of said county. of Act. SEC. 14. In all actions and prosecutions, wherein the legality Construction or sufficiency of proceedings under this Act are in issue, or brought in question, this Act shall be liberally construed, and only a substantial compliance with the provisions thereof shall be required to be proved. CHAP. CCXC.-An Act making an Appropriation for the Payment of the Per Diem and Mileage of Presidential Elector. [Approved April 24, 1862.] The People of the State of California, represented in Senate and tion. SECTION 1. The sum of sixty-six dollars is hereby appropri- Appropriaated to P. Della Torre, or his assigns, in payment of the per diem and mileage as Presidential Elector for the State of California, in the year eighteen hundred and fifty-six; and the State. Controller is hereby authorized and directed to draw his warrant on the State Treasurer for the said sum. SEC. 2. The sum of sixty-six dollars is hereby set apart, from the moneys in the General Fund, for the payment of the above described warrant. CHAP. CCXCI.-An Act supplemental to an Act entitled an Act amendatory of and supplemental to an Act to establish, support, and regulate, Common Schools, and to repeal former Acts concerning the same, approved March twenty-eighth, eighteen hundred and fifty-seven. [Approved April 24, 1862.] The People of the State of California, represented in Senate and SECTION 1. So much of an Act entitled an Act amendatory of and supplemental to an Act to establish, support, and regulate, Common Schools, and to repeal former Acts concerning the same, approved March twenty-eighth, one thousand eight hundred and fifty-seven, so far as the same prohibits the Superintendents of Common Schools of the respective counties of this State from being employed as a teacher in any School District of his county, is hereby repealed. SEC. 2. This Act shall take effect from and after its passage. Franchise. Grant of use of lands. Tolls. Term. Forfeiture. CHAP. CCXCII.—An Act to authorize Charles C. Bowman, and his associates, to construct a Wharf at the western end of the Encinal of San Antonio, Alameda County. [Approved April 24, 1862.] The People of the State of California, represented in Senate and SECTION 1. C. C. Bowman, and those he may associate with him, their heirs and assigns, are hereby authorized to build and maintain a wharf, at the western end of the Encinal of San Antonio, Alameda County, at some point adjacent to the lands of said Bowman, and extend the same into the Bay of San Francisco, such distance as will give ten feet of water, at the termination of said wharf, at low tide. SEC. 2. And there is hereby granted to the before mentioned parties, the use and occupation of a strip of tide lands, or mud flats, one hundred yards in width, for the purposes before mentioned. SEC. 3. And, should the parties to whom this franchise is granted, ever wish to collect toll or wharfage on said wharf, the Board of Supervisors of Alameda County shall, from time to time, fix the rates of tolls and wharfage, and the rates so fixed shall be collected by the grantees herein named, their heirs and assigns. SEC. 4. The time for which this franchise is granted shall continue for the term of twenty years. SEC. 5. If the said wharf shall not be commenced within one, and finished within two years after the passage of this Act, then all the rights herein granted shall be deemed for feited. SEC. 6. This Act shall be in force from and after its passage. CHAP. CCXCIII.-An Act to create and organize a Fire Department for the Town of Mokelumne Hill. [Approved April 24, 1862.] The People of the State of California, represented in Senate and SECTION 1. The Fire Department of the Town of Mokelumne Fire Hill shall consist of a Chief Engineer, two Assistant Engineers, Department a President, Vice President, Secretary, Treasurer, a Board of Delegates, a Board of Trustees, and such organized companies as are at present in the Department, with power to increase their number to four, in such manner as hereinafter provided; provided, that said Department shall not exceed two hundred and twenty men, in the aggregate. SEC. 2. There shall be an election, annually, on the first Mon- Election. day in May, for Chief Engineer, and First and Second Assistant Engineers; said election to be called by the President of the Board of Delegates of the Fire Department, by giving twenty days notice in one newspaper, published in said Mokelumne Hill; and if the President of said Board should fail to call such election within the stated time, it shall be lawful for the Vice President of said Board to call an election therefor, by giving ten days notice in such newspaper, as above described. The polls shall be held at such place as the Board of Delegates may designate, and shall be kept open from four o'clock, P. M., until seven in the evening, under the inspection of three Judges, appointed by the Board of Delegates, cach from a different company, who shall have power to administer oaths and affirmations at said election. The person receiving the highest number of votes for Chief Engineer, shall be declared elected; the person receiving the highest number of votes for First Assistant Engineer, shall be first Assistant Engineer; and the person receiving the highest number of votes for Second Assistant Engineer, shall be Second Assistant Engineer. When a vacancy occurs in Vacancy. the office of Chief Engineer, the President of the Board of Delegates of the Fire Department shall call an election, as heretofore provided, and, in case the President of said Board should fail to do so, it shall be the duty of the Vice President of said Board to call an election, as heretofore provided, to fill such vacancy; but when a vacancy occurs in the office of First Assistant Engineer, the officer next below, in rank, shall take the vacant office, and an election shall be ordered, as above set forth, to fill the vacancy in the lower office. All contested elections for Engineer shall be decided by a vote of the Board of Delegates. The election term for each Engineer shall be for one year, or until his successor is elected and qualified. as Board of SEC. 3. Each and every company, at its stated meeting in the Election of month of April in every year, shall elect two of its members delegates to the Board of Delegates of the Fire Department of Mokelumne Hill, which Board shall consist of two representatives from each fire company, who shall be sworn to faithfully discharge the duties of their office. They shall have power to elect and define the duties of a President, Vice President, Secre |