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duties and obligations therein conferred and imposed, to the thirty-first of March, eighteen hundred and sixty-nine; provided, that a final report shall be rendered to the Governor before the expiration of the term of office herein extended.

SEC. 2. The sum of sixty-five thousand dollars is hereby Appropriaappropriated, to be paid out of the State Treasury from any tion. moneys not otherwise appropriated, to be expended in pursuance of the provisions of said Act, and in addition to the appropriations therein contained.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAPTER CLXXVIII.

An Act to authorize Niles Mills to build a wharf at Lakeville, in
Sonoma County.

[Approved March 14, 1868.]

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

SECTION 1. The right to construct and maintain a wharf at Franchise. Lakeville, on the east bank of Petaluma Creek, at Lakeville, Sonoma County, extending from a point on said creek where the existing wharf commences, and thence, not exceeding one hundred and seventy-five feet from high water mark, to a depth of water sufficient to admit the landing of vessels-said wharf in no wise to obstruct navigation-is hereby granted to Niles Mills, for the term of twenty years from the passage of this Act; provided, said wharf shall not exceed one hundred feet in width. SEC. 2. The wharf mentioned in section one of this Act shall Description. be completed in a good and substantial manner, sufficient for the accommodation of the commerce of that vicinity, within two years from the passage of this Act; and a failure to comply with the requirements of this section shall be considered a forfeiture of all the rights and privileges herein granted.

SEC. 3. The Board of Supervisors of Sonoma County shall wharfage. fix the rates of wharfage to be collected at said wharf; and the said party herein named, or his assigns, shall be entitled to collect such wharfage as shall be fixed by said Board.

SEC. 4. This Act shall be in force from and after its passage.

Parties may join in an

action.

CHAPTER CLXXIX.

An Act to expedite the settlement of titles to lands held under a common source of title.

[Approved March 14, 1868.]

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

SECTION 1. Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common, joint tenants, copartners, or in severalty, may unite in an action against any person claiming an adverse estate or interest therein, for the purpose of determining such adverse claim, or of establishing such common source of title, or of declaring the same to be held in trust, or of removing a cloud upon the same.

SEC. 2. This Act shall take effect immediately on its passage.

Counties exempt.

CHAPTER CLXXX.

An Act to amend an Act entitled an Act to amend an Act entitled an Act to provide for the establishment, maintenance and protection of public and private roads, approved May sixteenth, eighteen hundred and sixty-one, approved April twenty-seventh, eighteen hundred and sixty-three, and opproved March twenty-fourth, eighteen hundred and sixty-six.

[Approved March 14, 1868.]

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

Section one of said Act is hereby amended so as

SECTION 1.
to read as follows:

Section 1. The Counties of Klamath, Sutter, Sacramento, Placer, San Joaquin, Humboldt, Plumas, Nevada, Trinity, Mendocino and Butte, and all incorporated cities and towns, are exempt from the provisions of this Act; provided, that the City of Marysville shall be subject to the provisions of section thirteen. until the first Monday of March, Anno Domini eighteen hundred and seventy; and further provided, that for the year commencing the first Monday of March, Anno Domini eighteen hundred and sixty-eight, the Board of Supervisors in and for the County of Yuba may levy, and are hereby authorized and required to levy, said taxes, either at a special meeting of the Board for that purpose, or at a regular meeting thereof, as the necessity of the case may require; and the Counties of Sonoma and Marin from the provisions of the thirteenth to the twentieth section, inclusive; and the County of Sierra from the provisions of the thirPart appli. teenth to the eighteenth sections, both inclusive. This Act shall not apply to the City and County of San Francisco, except

Levy taxes.

cable to San Francisco.

so much of it as provides for the location, alteration or vacation of any road or highway; and said portion of this Act shall only apply to road districts which may be established in the Eleventh and Twelfth Election Districts of said city and county.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAPTER CLXXXI.

An Act to enlarge the powers of the Board of Supervisors of the
County of San Joaquin.

[Approved March 14, 1868.]

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

SECTION 1. The Board of Supervisors of San Joaquin County May grant a are hereby authorized and empowered-on presentation of a public road petition of not less than fifty citizens and taxpayers of said county, asking for the surrender of any portion of any public or county road in said county to any corporation or association of persons who may be desirous of turnpiking or gravelling any portion of the public highway now or hereafter used as such-to grant the same, subject to the restrictions and conditions hereinafter provided in this Act.

tion.

SEC. 2. Upon presentation of a petition, signed as required Give notice by section one of this Act, the Board of Supervisors shall adver- by publicatise in some newspaper published in the county, at least four successive weeks, giving notice of such petition, describing particularly the road, and portions or boundaries of said road, proposed to be improved; and if, in their judgment, no valid objections are presented to the granting the prayer of the petitioners, the Supervisors may grant and authorize and require the petitioners to enter upon, turnpike and gravel or sand, of sufficient width and depth, any part of said road, to insure good and easy travel for all classes of vehicles and teams at all seasons of the year; to build and keep in repair all bridges of sufficient strength to bear up all teams and wagons passing over or upon such road or bridge at all times; and if, from any deficiency in such road or bridge, the party or parties injured or damaged thereby may Damages. recover the amount of such injury or damage in any Court of competent jurisdiction; provided, said Board of Supervisors shall require, whenever any public road now or hereafter laid out shall cross such turnpike or gravel road, such crossing shall be left at all times unobstructed, without fee or charge from such company or corporation.

franchise.

SEC. 3. The Board of Supervisors shall require such road to Duration of be delivered and given up to the county in good repair, on the expiration of the franchise, which shall not exceed twenty years' from the passage of this Act.

SEC. 4. The Board of Supervisors shall authorize said corpo- Tolls. ration or company to demand, receive and collect such tolls or

Account to

be kept.

May be

for county.

rates, for the passing over said roads, as shall produce a net revenue of not to exceed twelve per cent. per annum on amount expended, from all persons with teams, vehicles, horsemen, and loose stock of every description; provided, always, foot passengers shall pass over such toll roads free of charge at all times

and seasons.

SEC. 5. The said company so formed shall keep a correct account of all costs of construction and keeping in repair of such roads, and all expenses of collecting tolls, together with the amount of tolls collected, which shall be verified by the oath of the toll-gatherer or some responsible person, and presented to the Board of Supervisors at their regular meeting in February in each and every year. The Board of Supervisors shall have the privilege of purchasing, for the county, any road so granted and improved, at the cost of the improvements, less the net amount received as tolls at any time during the continuance of the franchise.

SEC. 6. This Act shall take effect from and after its passage.

Appropria

tions authorized.

CHAPTER CLXXXII.

An Act to confer additional powers upon the Board of Supervisors of the City and County of San Francisco, and upon the Auditor and Treasurer thereof, and to authorize certain appropriations of money by said Board.

[Approved March 14, 1868.]

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

SECTION 1. The Board of Supervisors of the City and County of San Francisco are hereby authorized and empowered to appropriate, allow and order paid, the several sums of money hereinafter mentioned, and to exercise the following powers, to wit:

First-To allow and order paid out of the General Fund, to the Assistant Clerk of the Board of Supervisors, one hundred and twenty-five dollars per month, in lieu of the salary now allowed him by law.

Second-To authorize the Superintendent of the fire alarm and police telegraph to appoint three operators, to be approved by the Board of Supervisors, at a salary of one hundred and twentyfive dollars per month, in lieu of the salary now allowed them by law; also one repairer, at a salary of one hundred dollars per month.

Third-To authorize the Treasurer of said city and county to appoint two license-notice servers, to be approved by the Board of Supervisors, whose salary shall be fixed by said Board at a sum not to exceed eighty-five dollars per month.

Fourth-To authorize the Superintendent of Public Streets and Highways of the City and County of San Francisco to appoint a Deputy Clerk, whose salary shall be fixed by the Board of

Supervisors of said city and county, at a sum not to exceed one Appropriahundred and fifty dollars per month.

Fifth-To expend a sum not to exceed ten thousand dollars, for extending and repairing the fire alarm and police telegraph, payable out of the General Fund.

Sixth-To pay Exempt Fire Company two thousand dollars ($2,000) for money expended in fitting up their house.

Seventh-For inclosing with wood and removing the remains of the dead in Yerba Buena Square, ten thousand dollars in addition to former appropriations.

Eighth-To pay George C. Potter, for making Block Book, by order of the Board of Supervisors, one thousand three hundred and twenty-seven dollars ($1,327).

Ninth-To pay out of the General Fund a sum not exceeding eight thousand dollars per annum, for advertising and election printing.

SEC. 2. To pay out of the General Fund the following sums, which have heretofore been allowed by said Board and ordered paid, in excess of the respective allowances provided by law: First-For purposes of urgent necessity, thirteen thousand four hundred dollars ($13,400).

Second-For public buildings, six thousand dollars ($6,000). Third-Fire alarm and police telegraph, two thousand six hundred and fifty dollars ($2,650).

Fourth-Fire Department material, twenty-nine thousand dollars; cisterns and hydrants, thirty-nine thousand seven hundred and eighty-seven dollars; salaries, six thousand seven hundred and sixty dollars; running expenses, eighteen thousand dollars. Fifth-For extra deputies, three thousand four hundred and twenty-five dollars.

Sixth-For surveying outside lands by the United States Surveyor-General and procuring a patent therefor, two thousand five hundred dollars.

Seventh-For map of outside lands, twelve thousand dollars ($12,000).

Eighth-For improving Washington Square, ten thousand dol

lars.

Ninth-For improving Columbia Square, six thousand dollars. Tenth-For the purchase of the files of the Alta California newspaper, nineteen hundred dollars.

SEC. 3. This Act shall take effect immediately.

tions authorized.

CHAPTER CLXXXIII.

An Act to establish and define the powers and duties of the Board of
Education of the City of Oakland.

[Approved March 14, 1868.]

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

SECTION 1. The Board of Education of the City of Oakland Election of shall consist of seven School Directors, who shall be elected as

seven School Directors.

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