SEC. 5. It shall be the duty of the Surveyor-General to ascer- Survey. tain the number of acres contained in the tract of land hereinbefore mentioned. SEC. 6. All expenses attending said appraisement by the Expenses. the Board of State Harbor Commissioners, together with all costs incident to an accurate survey of the said lands by the Surveyor-General, shall be paid by said grantees. SEC. 7. This Act shall take effect and be in force from and after its passage. CHAPTER CCCCLXVII. An Act to authorize the Controller of State to issue a duplicate warrant to John Napier. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Controller of State is hereby authorized to Authorized. issue to John Napier, or to his heirs and assigns, a duplicate warrant, number seven thousand and ninety-one, for forty dollars, in lieu of the original, having been lost. SEC. 2. Before issuing said warrant, the Controller of State Bond. shall require a bond, with two or more sureties, to be approved by said Controller, in the sum of one hundred dollars, payable to The People of the State of California, conditioned to secure the State against the payment of said lost warrant, and it shall be kept on file in his office. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAPTER CCCCLXVIII. An Act supplemental to an Act entitled an Act for the government of the State Prison convicts, and to provide for the location of a Branch Prison, approved April the twenty-fourth, eighteen hundred and fiftyeight. [Approved March 30, 1868.] The People of the State of California, represented in Senate and located. SECTION 1. It shall be the duty of the Board of State Prison Site to be Directors of this State, on or before the first day of July, A. D. eighteen hundred and sixty-eight, to make the selection and location of the site for a Branch State Prison, and to canse a good and sufficient deed of the land so selected to be made to the State of California, as provided for in section six of the Act to which this is supplemental. Said site and location shall be made either in the Township of Rocklin, in Placer County, or on the lands offered to the State by the Natoma Water and Mining Company, in Granite Township, Sacramento County, as said Board shall determine, selecting between those sites the place which offers the greatest advantages for prison purposes. SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 3. This Act shall take effect immediately. If will contested. trial de manded. CHAPTER CCCCLXIX. An Act to amend an Act entitled an Act to regulate the settlement of the estates of deceased persons, passed May first, eighteen hundred and fifty-one, and amendments thereto. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section twenty of said Act is amended so as to read as follows: Section 20. If any person appear and contests the will, be shall file a statement, in writing, of the grounds of his or her opposition. When any issue or issues of fact shall be joined in the Probate Courts respecting the competency of the deceased to make a last will and testament, or respecting the execution by the deceased of such last will and testament under restraint or undue influence or fraudulent representation, or for any other cause affecting the validity of such will, such issue or issues shall, at the request in writing of either of the parties interested, be tried by a jury, to be impanelled by the Probate Court, as hereinafter provided; and if a jury trial be not demanded, as in this section provided, the said issues shall be tried and determined by When jury the Probate Court. When a jury trial shall be demanded, a request in writing therefor shall be filed with the Clerk of the Probate Court at least three days before the day set for the trial of the issues in the Probate Court. Issue shall be deemed joined by the filing of the grounds of opposition, as aforesaid, with the Clerk of the Probate Court. Such issue or issues of fact shall be made up and tried in the same manner as is or may be provided by law for the trial of issues of fact in other cases; and upon determination of such issue or issues of fact, the jury trying the same shall render a special verdict thereon. And whenever a trial by jury of any issue of fact joined in the Probate Court in the manner provided in this Act shall be demanded in writing, as in this section provided, it shall be the duty of the Probate Court to cause to be summoned and impanelled a jury for the trial of such issue or issues of fact. Such jury shall be summoned and impanelled by the Probate Court in the same manner as is provided for by law for summoning and impanelling trial juries in the County Courts of this State for the trial dict to be issue. of civil actions, for the trial of such issues or issue of fact, and at such time as the Court shall direct. The trial shall be bad as in other civil cases; and upon determining such issue or issues of fact, the jury trying the same shall render a special verdict Special verupon each of the issues submitted to them; and the Probate rendered Court shall proceed to admit said will to probate, or not, accord- upon each ing to the facts found and the law; and a new trial may be had, and also appeal taken from such trial, verdict and judgment, as as in other civil cases; and the Act regulating proceedings in civil cases in the Courts of justice in this State, when not inconsistent with or repugnant to the provisions of this Act, shall be applicable to and govern the practice on trials of issue of fact by jury in the Probate Court, provided for in this Act. SEC. 2. Section two hundred and ninety-four of said Act is amended so as to read as follows: Section 294. All issues of fact found in the Probate Court Issues of shall be subject to the provisions of section twenty of this Act, fact. as to the mode of joining such issues, and of disposing of the same. Upon filing the ground of opposition, and after a written request for a trial by jury is filed, the Court or Judge, on due notice to the opposite party or parties, shall settle and frame Court to the issue or issues between the parties and direct a trial to be frame issues. had by a jury, if a jury be demanded; and such trial shall be had and verdict rendered upon such issues, and the judgment or decree of the Probate Court shall thereupon be made upon the verdict rendered, the same as if such issues had been found and determined by the Probate Court; provided, that exceptions may be taken for failure or refusal of the Probate Court or Judge to submit to the jury all material issues involved in the contest, and presented in writing, in the written opposition; and either party shall be entitled to move for a new trial and New trial or to appeal, for or on account of error committed by the Probate appeal. Court in settling the issues of fact to be submitted to the jury, or for errors occurring at the trial of such issues or in rendering judgment, as in other civil actions. SEC. 3. This Act shall take effect immediately. CHAPTER CCCCLXX. An Act to amend section two hundred and seventy-eight of an Act entitled an Act to regulate proceedings in civil cases in the Courts of Justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, as amended by section eighteen of an Act entitled an Act to amend an Act to regulate proceedings in civil cases in the Courts of Justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, approved April second, eighteen hundred and sixty-six. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section two hundred and seventy-eight of said Reports of referees. On whom judgment to Section 278. The Court may confirm, change, modify, or set aside the report, and, if necessary, appoint new referees. Upon the report being confirmed, judgment shall be rendered that such partition be effectual forever, which judgment shall be binding and conclusive: First-On all persons named as parties to the action, and their be binding. legal representatives, who have at the time any interest in the property divided or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or of any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof as tenants for years or for life. Second-On all persons interested in the property who may be unknown, to whom notice shall have been given of the action for partition by publication. Third-On all other persons claiming from such parties or persons, or either of them. And no judgment shall be invalidated by reason of the decease of any party before final judgment or decree; but such judg ment or decree shall be as conclusive against the heirs, legal representatives or assigns of such decedent, as if such final judgment were entered before such decease. SEC. 2. This Act shall take effect immediately. Authorized. Form of subscription. CHAPTER CCCCLXXI. An Act authorizing the Board of Supervisors of Plumas County to take and subscribe to the capital stock of the Oroville and Virginia City Railroad Company, and to provide for the payment thereof. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Plumas County, California, are hereby directed to meet at the county seat of said county on the second Monday in April, eighteen hundred and sixty-eight, and then and there are authorized and directed to take and subscribe to the capital stock of the Oroville and Virginia City Railroad Company the sum of two hundred and thirty thousand dollars. SEC. 2. Said subscription shall be made substantially in the following form: "The County of Plumas does hereby take and subscribe two hundred and thirty thousand dollars to the capital stock of the Oroville and Virginia City Railroad Company, this subscription to be paid in the bonds of said County of Plumas, bearing interest at the rate of ten per cent. per annum, payable annually-principal payable in twenty years from date of issuance-both principal and interest in United States gold coin." Which said subscription shall be entered on the records of the said Board of Supervisors and on the books of said company, and shall be signed by the acting Chairman of said Board of Supervisors. scription to SEC. 3. Eighty thousand dollars of said subscription shall Part of subbe at once paid in bonds of said county to the Secretary and be paid imTreasurer of said railroad company, who shall then and there mediately. receipt to the said Board of Supervisors of said county for the same, and shall also issue and deliver to the said Board of Supervisors of said county certificates of paid up stock in said company for the amount of said bonds. of bonds. SEC. 4. The bonds provided for in section three of this Act Description shall be of the denomination of one thousand dollars each, and shall bear interest at the rate of ten per cent per annum, interest payable annually, and shall have coupons for said interest attached so that said coupons may be removed without mutilation to the bonds. The said bonds shall be issued in the name of said county, and shall be made payable to said railroad company or bearer twenty years after date, and shall be made payable, both principal and interest, in gold coin of the United States, at the office of the County Treasurer of said County. The said bonds and coupons shall be signed by the Chairman of the Board of Supervisors and the County Treasurer of said county, and shall be countersigned by the County Clerk of said county, who shall also affix to each bond the seal of said county; said bonds to be delivered at once to the Treasurer and Secretary of said railroad company by the said Board of Supervisors. SEC. 5. The Board of Supervisors of said county are hereby Tax to pay authorized and directed, at their said meeting on the second Monday in April, eighteen hundred and sixty-eight, and each year thereafter until said bonds are paid, to levy for each year a tax of not less than sixty cents on each one hundred dollars of taxable property in said county, which tax shall be levied and collected in manuer as is or may be provided by law for levying and collecting other State and county taxes in said county; which tax shall be known as the "Railroad Interest Tax," and the proceeds thereof shall constitute a fund to be applied only to the payment of interest on and redemption of the bonds provided for in section three of this Act, and shall constitute a fund to be known as the "Railroad Fund Number One." interest. miners' SEC. 6. In addition to the amount received from said tax, Foreign there shall be paid into said fund thirty per cent. of all revenue licenses. received by said county from foreign miners' license, to be ap plied to the same purposes as said railroad interest tax is to be applied. of bonds. SEC. 7. Whenever, after the payment out of said fund of Redemption the annual interest on said bonds, there shall be any money left in said Railroad Fund Number One, it shall be the duty of the Treasurer of said county to advertise in a newspaper published in said county, for the space of four weeks, for sealed proposals for the surrender of any of said bonds; and ten days. after said notice shall have been published as aforesaid the said Treasurer shall open the said proposals, and shall redeem, so far as the said fund on hand may be sufficient, the bonds offered |