Diego Bay, at New San Diego, in the County of San Diego, at a point fronting lots G, H, I, J, K, L, of block seven hundred and sixty-six, according to the official map of the City of San Diego by Charles H. Poole, United States Deputy Surveyor, eighteen hundred and fifty-six. land. SEC. 2. For the purposes of such wharf there is hereby Granting granted to the party named in section one of this Act, his associates and assigns, the right to use and occupy a strip of land three hundred and seventy-five feet in width, commencing at high water mark and extending into said bay until a sufficient depth of water shall be obtained for the accommodation of commerce; provided, the free navigation of said bay shall not be obstructed; and the franchise hereby granted shall continue for the term of twenty years. completed. SEC. 3. Such wharf shall be built and completed within When to be two years from the passage of this Act, and shall thereafter be maintained in good repair, and may thereafter be enlarged as the business or commerce may require; and the said Culverwell, his associates and assigns, shall be allowed to charge and collect such dockage, wharfage and tolls thereon as the Board of Supervisors of the said County of San Diego may allow. SEC. 4. This Act shall be in force from and after its passage. CHAPTER XXVIII. An Act concerning the office of Public Administrator in the County of Marin. [Approved February 1, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Public Administrator in the County of Marin Fees. Coroner. SEC. 2. The Public Administrator shall be ex officio Coroner; Ex officio he shall give such bonds as the Supervisors of said county, in their discretion, shall from time to time order, for the faithful performance of the duties of his office. SEC. 3. This Act shall take effect from and after its passage. All laws and parts of laws in conflict with this Act are to be so construed as to be held inapplicable to the county aforesaid. Right to construct. Granting land. CHAPTER XXIX. An Act authorizing the construction of a wharf in the Bay of San [Approved February 1, 1868.] The People of the State of California, represented in Senate and SECTION 1. David P. Mallagh and Hub Hollister shall have the right to construct, maintain and use a wharf at such point in the Bay of San Luis Obispo, in the County of San Luis Obispo, to the west of and near the mouth of San Luis Creek, as they shall, on examination, deem most suitable therefor. SEC. 2. For the purposes of said wharf there is hereby granted to said Mallagh and Hollister, their associates and asigns, the right to use and occupy a strip of land three hundred feet wide, commencing at high water mark, at the point to be selected as aforesaid, and extending into said bay until a sufficient depth of water shall be obtained for the accommodation of commerce; provided, that the free navigation of said bay shall not be obstructed, and that the franchise herein granted shall continue for twenty years. SEC. 3. The said Mallagh and Hollister, their associates or assigns, shall build and erect said wharf within two years from the passage of this Act, and shall thereafter keep the same in good repair, and enlarge it as the business and commerce of the country may require; and the said Mallagh and Hollister, their associates and assigns, shall be allowed, and they are hereby authorized, to collect and receive to their own use such dockage and wharfage thereon as the Board of Supervisors of the County of San Luis Obispo may, by an order entered upon its minutes fixing said dockage and wharfage, allow. SEC. 4. This Act shall take effect immediately. CHAPTER XXX. An Act to authorize A. E. Horton, E. W. Morse and Lansing Haight, their associates or assigns, to construet and maintain a wharf at Horton's addition to New San Diego, in the County of San Diego. [Approved February 1, 1868.] The People of the State of California, represented in Senate and SECTION 1. The right to build, maintain and use a wharf in the Bay of San Diego, at or near the foot of Fifth street, or at such other point as the aforesaid parties may deem expedient, in Horton's addition to New San Diego, in the County of San Diego, is hereby granted to A. E. Horton, E. W. Morse and Lansing Haight, their associates, assigns or legal representatives, for twenty years. land. SEC. 2. For the purposes of said wharf there is hereby Granting granted unto the said A. E. Horton, E. W. Morse and Lansing Haight, their associates, assigns or legal representatives, the right to use and occupy a strip of land in front of lot number eleven hundred and fifty-six (1,156) according to the map and plan known as Poole's map, and at or near the foot of Fifth street aforesaid, three hundred (300) feet wide, commencing at ordinary high tide and extending into said Bay of San Diego until a sufficient depth of water shall be obtained for the accommodation of commerce; provided, said wharf shall not unnecessarily obstruct the navigation of said bay. and com SEC. 3. That said Horton, Morse and Haight, their associ- Time for ates, assigns or legal representatives, shall commence the con- commencing struction of said wharf within one year, and complete the same pleting. within three years from the passage of this Act. Said wharf shall be firmly and substantially built, of such materials and of such dimensions as to make it sufficient for the requirements of the commerce of the vicinity. forfeited. SEC. 4. If said wharf shall not be commenced within one When year, and finished within three years from the passage of this Act, all the rights herein granted shall be forfeited. SEC. 5. It shall be lawful for the said Horton, Morse and Collection of Haight, their associates, assigns or legal representatives, to tolls. charge, collect, demand, recover and receive the same rates of wharfage as may be from time to time allowed by the Board of Trustees of the Town of San Diego. CHAPTER XXXI. An Act to amend an Act entitled an Act to fund the indebtedness of the County of Los Angeles, now existing in the form of County Auditor's warrants, or that may be outstanding on the first day of July, eighteen hundred and sixty-one, or warrants issued for indebtedness accruing prior to the first day of July, eighteen hundred and sixty-one, and to provide for the payment of the same, approved April fifth, eighteen hundred and sixty-one. [Approved February 1, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section eleven of said Act is hereby amended so Supervisors as to read as follows: Section 11. For the payment of the principal and interest Board of of the bonds issued in pursuance of this Act, there shall, to levy tax until the same are paid and discharged, be annually levied and to be applied collected, in the same manner as is or may be provided by est and law for the collection of State taxes, a tax, to be determined by Sinking, the Board of Supervisors, of not less than thirty nor more than to the Inter Fund of 1861. fifty cents upon each one hundred dollars of the assessed value of the real and personal property of said county; and the fund derived from this tax shall be set aside and applied exclusively to the payment of the interest and the final redemption of the bonds issued in pursuance of this Act, and shall be known by the name of the "Interest and Sinking Fund of eighteen hundred and sixty-one;" and if the proceeds derived from this tax cient Treas- should be insufficient, from any cause, to pay the interest to accrue upon the said bonds in any year, then it shall be the duty of the County Treasurer, in anticipation of such insufficiency, and in advance thereof, to set apart, out of the first moneys paid into the County Treasury, to the credit of the General Fund thereof, a sum sufficient to pay the said interest to fall due. If insuffi urer to set apart from General Fund. Preamble. Transfer General CHAPTER XXXII. An Act supplementary to an Act to declare and regulate the power of the Board of Supervisors of the City and County of San Francisco to take private lands for certain public improvements, and to prescribe the manner of its execution, approved April fourth, eighteen hundred and sixty-four. [Approved February 1, 1868.] WHEREAS, in certain proceedings taken under the above Act, approved April fourth, eighteen hundred and sixty-four, by the Board of Supervisors of the City and County of San Francisco, in the matter of widening Kearny street and Third street therein, certain parties assessed for benefits of said improvements claim to have paid the amounts of their respective assessments to the Collector of Taxes for said city and county under protest, and in consequence thereof further delay in completing said improvement will take place; and whereas, the public interests of said city and county require that said. improvements shall be completed as speedily as possible; now, therefore, The People of the State of California, represented in Senate and SECTION 1. That the said Board of Supervisors of said city 80,000 from and county are hereby authorized and required to transfer from Fund to fund the General Fund of the Treasury of said city and county the Kearny sum of forty thousand dollars ($40,000) in legal tender notes for widening street. into the fund collected and received, and now in the hands of the Treasurer of said city and county under said proceedings. for widening said Kearny street and Third street, to be appropriated and paid out to the parties entitled thereto as if the same had been duly paid in and collected under and by virtue of said proceedings. SEC. 2. That whenever the questions raised by such protestants, or any of them, as to the right of said Tax Collector to sion against to be trans General retain and pay into the Treasury of said city and county the When deci several sums of money so received by him from them respect- protestants, ively, or any of them, to the fund for said improvements, shall said 40,000 be finally decided against said protestants, either by the with- ferred to drawal of said protests or a legal decision thereon, or in any Fund. other legal manner, the said sums respectively so received by said Tax Collector under protest shall be transferred from said fund for said improvements to the General Fund of the Treasury of said city and county to an amount not exceeding said sum of forty thousand dollars. SEC. 3. That this Act shall take effect and be in force from and after its passage. CHAPTER XXXIII. An Act for the relief of Debtors [Approved February 1, 1868.] The People of the State of California, represented in Senate and Assembly, do enact as follows: writing. SECTION 1. By agreement between creditor and debtor, a Compromise less sum than the whole amount may be paid and received in to be in full payment and discharge of any indebtedness, if such agreement be clearly manifested by a receipt or instrument, in writing, signed by such creditor. SEC. 2. This Act shall take effect immediately. CHAPTER XXXIV. An Act to amend an Act entitled an Act to grant the Oakland Railroad [Approved February 4, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section seven of the Act whose title is recited in the title of this Act is hereby amended so as to read as follows: menced and Section 7. Work shall be commenced within three years, When work and at least one track be laid within the limits of the City of to be comOakland within three years and six months from the passage of completed. this Act, and the whole road shall be completed within five years from the passage of this Act. SEC. 2. This Act shall take effect immediately. |