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Interest to be paid.

Surplus in
Railroad
Fund.

Bonds redeemed.

If road not built.

to be known as the "Railroad Fund," to be by him applied to the payment of the interest, as herein provided, and for the redemption and payment of said bonds, under the direction of the Board of Supervisors.

SEC. 10. Said Board of Supervisors, Auditor and Treasurer of said county shall make arrangements for the payment of the interest on said bonds, when the same shall fall due, at least thirty days before the time of payment; and in the event said Railroad Fund is insufficient, the said Treasurer shall draw on the common or General Fund of said county for said purposes; and in the event these funds prove inadequate, the said Supervisors are authorized and required to make such contracts and arrangements, or loans, as may be necessary for the payment of said interest and the protection of the faith of said county.

SEC. 11. Whenever at any time after the payment of the interest on said bonds there shall be in the fund so raised for the payment of the principal and interest of said bonds a sum of money amounting to five thousand dollars, over and above the amount required for the payment of the annual interest, the said Board of Supervisors shall advertise in a newspaper published in said county, for a period of four weeks, for sealed proposals for the redemption of said bonds; and ten days from the time of the expiration of such publication the said Board of Supervisors shall open said sealed proposals, and the Treasurer shall pay and liquidate, so far as the funds then on hand shall extend, such bonds presented under said proposals as shall be offered at the lowest value; provided, the same shall not be redeemed beyond their par value; and provided there be no proposals for less than their par value, then the payment of said funds on hand shall be made on said bonds according to the number of their issue, and the Board of Supervisors shall give four weeks notice in such newspapers of the number of bonds to be so paid; after which time said bonds shall cease to bear interest, and all money remaining in said fund after the redemption and payment of the whole of said outstanding bonds shall be turned over to the common or General Fund.

SEC. 12. Whenever any bond shall have been paid and redeemed, the said Treasurer shall mark the same "Cancelled," and deliver it to the County Auditor, to be filed and disposed of by him as shall be directed by the Board of Supervisors. The County Treasurer shall open and keep an account of all moneys collected and paid out for the interest and redemption of said bonds, called "Railroad Interest and Redemption Account," and shall settle and vouch the same as often as required by the Board of Supervisors.

SEC. 13. If the said donation shall be made to Sonoma County Railroad Company or its assigns, and said company or its assigns shall not, within six months after the result of said election shall be declared, in good faith commence the building of said road, or if said company or its assigns, within eighteen months from the time when said result shall be declared, shall not have completed ten miles of said road north of the City of Petaluma, then Other com- and in that case any other company may build said road so probuild and re- posed to be built by said company, and receive said donation. At tion. any time before or after said election, the said Sonoma County

pany may

ceive dona

Railroad Company may, by an affirmative vote of subscribers who have subscribed a majority of the subscription of stock now subscribed in said company, assign and transfer to any other railroad company all of the rights and privileges under and by virtue Rights of this Act, and of the said vote of the qualified electors; and said transferable. vote of said majority may be made and expressed by the signature of said majority to an instrument purporting to assign and transfer said rights and privileges. In case such assignment and transfer shall be made, the company to whom it shall be made shall be placed, substituted and be in the place and stead of the said Sonoma County Railroad Company in all things, and be the successor to said Sonoma County Railroad Company, and have and own the same rights, privileges and advantages, subject in every respect to the same conditions. But no bonds shall be issued or right accrue to the same under the provisions of this Act, for any road or part of a road, unless such road or part of a road shall have been built within four years next after the passage of this Act.

SEC. 14. Said election shall be held in the same manner as Manner of other elections, and like qualifications of electors shall be required; conti conducting but no printing of the Great Register or poll list shall be required, but copies of the Great Register and poll lists used at the last judicial and general elections may be used, discarding such names as may not be entitled to be thereon. Copies of the names of those registered since printing of the Great Register, or who may hereafter be registered in time for said election, may be written and sent to each precinct; and in such copy sent it shall be necessary to name only those entitled to vote at that precinct. And the officers of said county are hereby authorized and directed to register for said election, and place upon the poll lists all persons not on the register and poll list, who are entitled to vote; but persons whose names are on the poll lists of the last general or judicial election shall not be compelled to have their names put on said lists again, but the said lists may be used. Officers of election shall be appointed for said election as provided by law. Returns of said election shall be made. within five days after the said election; and so soon as the returns are in, and within fifteen days after said election, the Board of Supervisors shall canvass said votes and declare the result. SEC. 15. This Act shall take effect and be in force on and after its passage.

CHAPTER CXCVIII.

An Act in relation to Witnesses.

[Approved March 19, 1868.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

SECTION 1. In any civil or criminal action or proceeding, a May be diswitness may be discredited or impeached, and for such purpose impeached.

credited or

his general character for truth, honesty and integrity may be inquired into.

SEC. 2. This Act shall take effect immediately.

Penalties

for throwing

caustic chemicals.

CHAPTER CXCIX.

An Act to punish assaults with caustic or corrosive liquids and sub

stances.

[Approved March 19, 1868.]

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

SECTION 1. Any person who shall wilfully and maliciously place or throw, or cause to be placed or thrown, upon the person of another, any vitriol, corrosive acid, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of such person, shall be deemed guilty of felony, and upon conviction thereof shall be imprisoned in the State Prison for a period of not less than one year nor more than twenty years.

Purchase of

CHAPTER CC.

An Act to purchase a transit instrument for the office of the Surveyor-
General.

[Approved March 19, 1868.]

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

SECTION 1. The Governor is hereby authorized to purchase instrument. of Mrs. Emeline Mathewson the transit instrument manufactured for the late Robert C. Mathewson, in Germany, for the use of the Surveyor-General's office of this State, for any sum not exceeding two thousand dollars.

Appropriation.

SEC. 2. A sum not exceeding two thousand dollars is hereby appropriated for the payment for such instrument; and the Controller is hereby required to draw his warrant for the same, upon the certificate of the Governor that such purchase has been made.

SEC. 3. This Act shall take effect from its passage.

CHAPTER CCI.

An Act to authorize Richard Abby, administrator of the estate of
Richard H. Farquhar, deceased, to sell certain lands of said estate.

[Became a law by operation of the Constitution, March 16, 1868.]

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

SECTION 1. Richard Abby, administrator of the estate of R. AdministraH. Farquhar, deceased, is hereby authorized, under the director may sell. tion of the Probate Judge of Nevada County, to sell, at public or private sale, all or any part of the interest of said estate in and to any land or real estate located in the Township and County of Nevada.

SEC. 2. Upon making any sale under the provisions of this Report. Act, said administrator shall make full report of the same to the Probate Judge of Nevada County, and such Judge shall examine and confirm, or set aside the same, as in other cases of sales made under order of the Probate Judge.

SEC. 3. Before making any sales under this Act, said admin- Bond. istrator shall give such other and further bond as may be required by said Probate Judge, for the faithful performance of all acts authorized, and for the proper application of the proceeds of all sales made under the provisions of this Act.

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 sixteenth day of March, A. D. eighteen hundred and sixty-eight.

H. L. NICHOLS,
Secretary of State.

CHAPTER CCII.

An Act to repeal an Act entitled an Act to incorporate the Town of
Hornitos, approved April eighth, eighteen hundred and sixty-one.
[Approved March 19, 1868.]

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

SECTION 1. An Act to incorporate the Town of Hornitos, Repeal approved April eighth, eighteen hundred and sixty-one, is hereby repealed.

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

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CHAPTER CCIII.

An Act to authorize the City Council of the City of Oakland to purchase land and erect a City Hall, and to issue bonds of said city and provide for the payment of the same.

[Approved March 19, 1868.]

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

SECTION 1. The City Council of the City of Oakland are hereby authorized to issue and sell bonds of said city, not exceeding in amount the sum of fifty thousand dollars, payable, at the option of the said City Council, at any time within fifteen years from the date of the issuance of said bonds, in gold coin of the United States, and to bear interest at the rate of ten per cent. per annum, payable annually on the second day of January in each year.

SEC. 2. Said bonds shall be in not less than one hundred dollars nor more than five hundred dollars, shall bear the date of their issuance, and shall be signed by the Mayor and Treasurer of the city, and shall have the seal of the city affixed thereto by the Clerk of the city. Coupons for the interest shall be attached to each bond signed by the Mayor and Treasurer.

SEC. 3. Before the sale of said bonds, the said City Council shall, at a regular meeting of the Council, cause to be entered upon the records of the said Council an order directing the sale of a specified amount of said bonds, and the day and hour of such sale, and shall cause a copy of such order to be inserted in a newspaper published in said city, for at least twenty days, and in any other newspaper published in the State, at their discretion, and a notice that sealed proposals will be received by said Council for the purchase of said bonds on the day and hour named in said order. The said City Council shall open all sealed proposals received by them, and shall award the purchase of said bonds to the highest responsible bidder; provided, that said Council may reject all bids; and provided further, that no bonds shall be sold for less than ninety cents in gold coin on the dollar par value.

SEC. 4. The said Council may sell bonds, at not less than par value, without the notice provided for in the preceding section. SEC. 5. The amount of the bonds sold, their number and dates, shall be entered upon the records of said Council, in a book kept for that purpose.

SEC. 6. The proceeds of the sale of said bonds, and the proceeds of any tax, as contemplated in section seven of this Act, shall be paid into the City Treasury, and shall constitute a fund, to be called the "Building Fund," and shall be expended, under the direction of the City Council, for the purchase of a suitable site for a City Hall, and the erection of a City Hall thereon.

SEC. 7. In the event the said bonds or a sufficient amount of the same cannot be sold at the minimum price, as provided in section three, the City Council are hereby authorized to levy annually, in addition to the amounts authorized by any other

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