Vacancy in office of Lieutenant Governor.

President of
Senate.

Vacancies in offices in

Governor.

ers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the legislature, be out of the state in time of war at the head of any military force thereof, he shall continue Commander-in-Chief of all the military forces of the state.

SEC. 39. If during the vacancy in the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the state, the President of the Senate shall act as Governor until the vacancy shall be filled, or the disability shall cease.

SEC. 40. Whenever the Government is administered by the Lieutenant Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of its own members as President for that occasion.

SEC. 41. Vacancies that may happen in offices, the appointment of appointment of which is vested in the Governor and Senate or in the legislature, shall be filled by the Governor during the recess of the legislature, by granting commissions that shall expire whenever the Governor and Senate or the legislature shall appoint a person or persons to fill said offices.

Governor to report appointments made by him.

Vacancy in office of Supreme

County Judge, or

SEC. 42. It shall be the duty of the Governor to lay before the legislature, at the earliest day practicable, a statement of all appointments made by him since the preceding session to fill vacancies.

SEC. 43. Whenever any vacancy shall occur in the office of JusCourt, District or tice of the Supreme Court, or District Judge, or County Judge, or Superintendent Superintendent of Public Instruction, the Governor shall fill the same by granting a commission which shall expire at the next general election by the people, at which election such officers shall be chosen for the balance of the unexpired term.

of Public Instruction.

Vacancy in office of member of the legislature.

Vacancy in office

of Attorney or
Surveyor
General,

Treasurer, or
Comptroller.

Vacancy of office

SEC. 44. Whenever any vacancy shall happen in the office of Senator or member of the Assembly, a special election shall be ordered by the Governor to fill such vacancy.

SEC. 45. Whenever a vacancy shall occur in the office of Attorney General, Surveyor General, Treasurer, Comptroller, the Governor shall order a special election to be held to fill such vacancy, and until such election is held and the person is qualified, the Governor shall fill such office by appointment: Provided, that when any vacancy shall occur in any of said offices six months before the close of the term of such office, the person appointed by the Governor shall hold office for the unexpired term.

SEC. 46. When a vacancy shall occur in the office of the Clerk of

the Supreme Court, the same shall be filled by such Court until the of Supreme next general election.

Court Clerk.

Amended F£6.8/55

Attorney, Clerk,

officer.

SEC. 47. When any vacancy shall occur in the office of District District Attorney, County Clerk, or in any other County office, except the or other County County Judge, the (Court of Sessions of the County shall appoint some suitable person to fill the vacancy until the next general election.ad of Supemen SEC. 48. When a vacancy shall occur in the office of a Justice of Justice or Constable. the Peace or of a Constable, the County Judge shall order an election as soon as possible to fill such vacancy.

SEC. 49. Whenever an election [of a person] to fill a vacancy is Term had, the person chosen shall hold office for the balance of the term of the person whose place he is elected to fill.

for

Where such tonidexists,

of office.

5 ден counties when

no such board! exists the Cons Subge of the County."

SEC. 50. The act entitled "An Act concerning Officers," passed Act repeated. April eleventh, eighteen hundred and fifty, is hereby repealed...

CHAPTER LXX.

AN ACT for the Regulation of the Militia whilst in actual service.— [Passed January 28, 1851.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

to apply to

SECTION 1. That the rules and regulations established for the Army regulations government of the army of the United States shall, from and after militia. the passage of this act, be adopted for the government of the militia of California whilst in actual service.

CHAPTER LXXI.

AN ACT declaring certain Rivers and Creeks Navigable.-[Passed

The People of the State of California, represented in Senate and may 17,1853 Assembly, do enact as follows:

declared

SECTION 1. So much of the San José de Guadalupe river as lies Certain rivers between its mouth and Alviso and so much of the Petaluma river navigable. as lies between its mouth and (where the road crosses said-river, leading from Sonoma and San Raphael and so much of Sonoma river as lies between its mouth and the town of San Louis; and so much

Га

Ca point opposite Favier's Hotel ind

and so much of a

and the northern vom any of the town y Pet alumna situate on the Western bunk Pelaof Crima ersell

as his between In Warehouses in Booker, and

sloude is arrows and 12 Wilson and the bay is San Francisco,

Amended May 15/54 pp. 216.

at the merith the

singh at the foot of street in the City

West line of

Dickimur's Ferry. ap 13.1854

the

the Toll broge of Napa river as lies between its mouth and Napa City; and so much of the Suisun river as lies between its mouth and the town of Suisun Embarcadero; and so much of the Sacramento river as lies Midala between its mouth and the mouth of (Clear) Creek; and so much of Feather river lies between its mouth and the northern boundary) of the (city of Ophir, and so much of Yuba river as lies between its mouth and a point twenty foot-west from the east end of the Public A Plaza) of Marysville; and so much of the San Joaquin river as lies

Bridges and dams

between its mouth and the Tulare Lake; and so much of the Stockton Slough as lies between its mouth and the bridge that is now built als El Dorado street, in Stockton; and so much of the Moquelumne river as lies between its mouth and the first falls; and so much of the Tuolumne river as lies between its mouth and Canon, or feet of the rapids; and so much of Deer Creek as lies between the house of Peter Lassen and its mouth; and so much of the river called the

are hereby

and a pont known as American Fork as lies between its mouth and the town of Brighton, the lover ford declared navigable.teams Provided SEC. 2. It shall not be lawful for any person or persons to build or across said rivers. construct any bridge or dam whatever across said rivers or creeks, s far as they are by this act declared navigable.

not to be built

Except by license
of the Court of
Sessions.

Act repealed.

County Scalers
to procure a

SEC. 3. Nothing contained in the foregoing sections shall be s construed as to prohibit the Court of Sessions of any county, lyi and being on said rivers declared navigable, from granting license to any person or persons to erect and construct bridges or ferries whe the public convenience may require them: Provided, that said bridg and ferries shall not obstruct the navigation of such streams and river by steamboats and other water crafts.

SEC. 4. The act entitled "An Act declaring certain Rivers, Creeks, and Sloughs, herein named navigable," passed March twentieth, one thousand eight hundred and fifty, is hereby repealed.

CHAPTER LXXII.

AN ACT to amend an Act entitled An Act to establish a Standard of Weights and Measures, passed March thirtieth, one thousand eight hundred and fifty. (1)—[Passed April 30, 1853.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. It shall be the duty of the County Sealers of the

(1) See ante, page 119.

As Amended May 17.1853.

that until a road shall be constructed which can be travelled at all seasons of the year from the City of Savaments to the town of Brighten the part of section one of this act which relates to the river called the American Fork shall be void and that portion of this act shar read _" and so much of the River called the American Fork as lies between its mouth and a point opposite the tour of Brighton hurely declared to be mangable