Board of Registration Duties of the said thirtieth day next preceding any such election as aforesaid, or if that be Sunday then on the day following, at the office of the Clerk of Elections, for the purpose of determining applications on behalf of persons claiming the right to be enrolled on the poll list, erasing names improperly entered or improperly remaining thereon, and correcting all errors in relation thereto. They shall insert and enroll the name of every person entitled to be enrolled who may have been omitted from any cause, and shall erase the name of every person improperly placed or remaining on said list, so far as they are able to ascertain the same; and for that purpose, the said Board, and each member thereof, shall have power, then or at any other time whenever necessary, to administer oaths and examine on oath any person touching his own or the right of any other person to be enrolled on the poll list, or touching the qualification of any such person as an elector; and the said Board, by a summons to be issued under the hand of the Clerk of Elections, may call before the Board at any stated meeting, or before the Clerk of Elections at his office, at a day and hour to be specified in such summons, any person to give testimony touching any of the matters aforesaid; and any person who shall fail or refuse to obey such summons shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the County Jail not exceeding fifty days, or by both such fine and imprisonment; and if any person so sworn as a witness shall knowingly and wilfully testify falsely, he shall be deemed guilty of perjury, and upon conviction thereof shall be punished accordingly. Witnesses may be summoned. Poll lists for Election. Final meeting of Board of SEC. 16. Section twenty-three of said Act is hereby amended so as to read as follows: Section 23. Within five days after the making out and completion of the poll list as aforesaid, the Clerk of Elections shall transmit to the County Clerk a certified copy thereof, with all the entries opposite each name in full, and the County Clerk, if the same shall be so ordered by the Board of Supervisors, shall, as soon as possible thereafter, and at least five days before the election, make out and cause to be printed and delivered to each of the Clerks of Elections in the several election precincts ten printed copies, by him certified, of all the poll lists so transmitted to him, attached or connected together, but separately and distinctly arranged and headed. SEC. 17. Section twenty-four of said Act is hereby amended so as to read as follows: Section 24. The Board of Registration shall hold their final meeting for the purpose of revising and correcting the poll list Registration commencing on the third day next preceding the election, or if that day be Sunday, then on the day following, and continuing their sessions, by adjournment from day to day, or from time to time, up to the time of opening the polls on the day of election, and no longer; after which time no additional names shall be enrolled for that election, except upon the day of election at the polls, by decision of the Judges and Inspectors, upon establishment of the fact of the omission of the name of a citizen entitled to vote under the provisions of this Act, as hereafter provided. At such final meeting they shall erase from the poll list the names of all persons not then actually residing in such district, or who, though actual residents of the district, are not qualified by citizenship to vote, or who for any reason are not then entitled to be or remain enrolled on said list. SEC. 18. Section twenty-seven of said Act is hereby amended so as to read as follows: Section 27. In case any person entitled to vote by reason of Change of registration and enrolment, as provided in this Act, shall remove residence. from the precinct where he has enrolled between the time of his enrolment and the day of election, he shall be entitled to vote in the precinct into which he shall have removed upon presenting to the Board of Registration a certificate signed by the Clerk or a Judge of Elections of the precinct in which such voter was last enrolled, showing that the name of such voter has been erased at his request from such poll list, accompanied by the affidavit of the applicant and at least one enrolled citizen of such precinct, stating the time and the particular locality of the residence of the applicant; provided, that registration in the Great Register aforesaid shall, until the contrary is proved, be received by the Board of Registration as sufficient evidence that the person registered was at the time of registration a citizen of the United States, domiciled in the county. SEC. 19 Section twenty-eight of said Act is hereby amended so as to read as follows: on poll lists. Section 28. Registration in the Great Register being the only Enrolment authentic record of domiciliation and citizenship, made upon the pre-requisite and proper evidence presented at the time and in the manner prescribed by law, none but those whose names stand registered and uncancelled upon the Great Register of the county shall be enrolled upon the poll lists in such county. And if the name of any person who is entitled to be placed upon the poll list, under the provisions of this Act, should be omitted from the poll list of the precinct in which he resides, it shall be lawful for him to appear at the polls in such precinct, on the day of election, and present to the Clerk and Judges of election a certificate of his registration from the County Clerk, together with a written or printed statement under oath, subscribed by himself and two qualified voters of such precinct, stating that he is the person described in the certificate, the length of time and particular locality of his residence in the precinct or district, and that he was entitled to have his name upon such poll list, with the reason why he did not apply within the proper time for enrolment; and if the facts thus exhibited show that he was entitled to such enrolment, the officers of election shall thereupon enroll his name and receive his vote. Any wilful mis statement on the part of either said voter or the other persons subscribing the affidavit referred to shall be deemed to be perjury, and, upon conviction, the offender shall be punished accordingly. Such statement and affidavit shall be sent up with the election returns, and shall be filed by the County Clerk in his office. SEC. 20. Section thirty-three of said Act is hereby amended so as to read as follows: Section 33. Every Justice of the Peace, Constable, Judge and Clerk of Elections, and every Supervisor, Assessor and Voters to be notified to register. Penalties for frauds. Neglect of duty. Compensation. Expenses. No fees. Inspector of Deputy Assessor, shall use all practicable diligence to notify the inhabitants of his county, township, district or precinct, to register their names in the proper register and poll lists, as required in this Act; and it shall be the duty of every such officer to give special and personal notice, as far as practicable, to every person hereafter coming to reside in such county, township, ward or district, who, according to the provisions of this Act, ought to be registered, requiring him to register and enroll his name as aforesaid. SEC. 21. Section thirty-five of said Act is hereby amended so as to read as follows: Section 35. If any member or officer of the Board of Registration or Board of Judges of Election, County Clerk, Assessor or his deputy, shall wilfully or fraudulently register or attempt to register, enroll, or admit any person to be enrolled on the poll list, or admit any person to vote at any election, knowing him not to be qualified to be enrolled or to vote as aforesaid, or shall refuse to register or enroll any person on said poll list knowing him to be entitled to be so enrolled, or refuse to admit the vote of any person knowing him to be entitled to vote, or shall otherwise knowingly and fraudulently act in violation or contravention of the provisions of this Act, he shall, on conviction, for each and every such offence, be punished by fine not exceeding one thousand dollars, or by imprisonment in the State Prison not less than one year or more than five, or by both such fine and imprisonment. If the County Clerk, Assessor or Deputy Assessor, or the members of any Board of Supervisors, or any of them, shall wilfully neglect or refuse to perform any specific duty enjoined upon him or them by this Act, or shall, in his official capacity, knowingly and fraudulently act in contravention or in violation of its provisions, or either of them, or place or attempt to place the name of any person upon the Great Register not entitled to be there, or place or attempt to place any fictitious names upon the Great Register, he shall, on conviction thereof, be punished as hereinbefore in this section provided. SEC. 22. Section thirty-seven of said Act is amended so as to read as follows: Section 37. The Clerk and Judges of Elections shall be allowed such compensation as the Board of Supervisors shall prescribe, not exceeding three dollars a day each for all the time that they are necessarily employed. The expense of printing lists and blanks in the several counties, when required by this Act, shall be provided for by the Board of Supervisors; and said expense, as well as the aforesaid compensation of the Clerk and Judges of Elections, being first duly approved, allowed and audited as other demands are required to be, shall be paid out of the County Treasury. SEC. 23. No fees shall be charged by any officer for issuing any certificate authorized or required by this Act. SEC. 24. In all cases where the term "Clerk of Elections" appears in this Act, to designate the presiding officer of the Board of Registration and presiding officer of the Board of Judges of Elections, such presiding officer shall be hereafter known and designated as the Inspector of Elections. SEC. 25. It shall be the duty of the Secretary of State to Registry Act cause a sufficient number of copies of the Registry Act to be furnished by the State Printer to supply to the County Clerk of each county in this State ten copies thereof for each election precinct in his county, prior to the first day of July next; and each such County Clerk is hereby required to distribute the same to the several precincts, with the supplemental copies of the Great Register. The cost of such printing shall be computed as other State printing is estimated, and shall be audited. and paid in like manner as other accounts of the State Printer. School SEC. 26. Elections for School Trustees, or other officers of Elections for school districts, are hereby excepted from the operations of the Trustees. Registry Act. SEC. 27. This Act shall take effect from and after its passage; and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. CHAPTER CCCCLXXXIII. An Act to aid in giving effect to an Act of Congress relating to the [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. Whereas, by the provisions of a certain Act of Preamble. Congress of the United States of America entitled an Act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon, approved July twenty-fifth, eighteen hundred and sixty-six, certain grants were made to, and certain rights, privileges, powers and authority were vested in and conferred upon The California and Oregon Railroad Company," a corporation duly organized and existing under the laws of the State of California; therefore, to enable the said company to more fully and completely comply with and perform the requirements, provisions and conditions of the said Act of Congress, and all other Acts of Congress now in force or which may hereafter be enacted, the State of California hereby consents to said Act; and the said company, its successors and assigns, are hereby Consent authorized and empowered, and the right, power and privilege given to Act is hereby granted to, conferred upon and vested in them, to construct, maintain and operate, by steam or other power, the said railroad and telegraph line mentioned in said Acts of Congress, hereby confirming to and vesting in the said company, its successors and assigns, all the rights, privileges, franchises, power and authority conferred upon, granted to or vested in said company by the said Acts of Congress, and any Act of Congress which may be hereafter enacted. Right granted. Route. May con struct wharf Portions of cable. CHAPTER CCCCLXXXIV. An Act to authorize the construction of a tramroad or railroad in the [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. There is hereby granted to J. N. Thompson, John Widney, T. J. Askins, J. P. Pierce, R. H. Ham, John West, C. Peeples, W. C. Parker, George Furgerson, Wm. H. Stevens, A. W. Parsons, N. Palmer, H. Shantzer, B. F. Hayden, and their executors and assigns, the right to construct and maintain, for the period of twenty-five years, a tramroad or railroad in the County of Santa Clara, from the Town of Saratoga to the Town of Santa Clara; and thence, through said town, to a point at or near the Town of Alviso, to be selected by said grantees or their assigns; and the said grantees and their assigns shall have the right to commence the work on the said road at such point on the route herein described as may be found desirable; provided, that said work shall be commenced within one year and completed within four years from the passage of this Act. SEC. 2. Said grantees, their associates and assigns, are hereby authorized to construct and maintain a wharf at the point on the Bay of San Francisco where said railroad shall terminate. Said wharf may extend into the bay a sufficient distance to allow cars loaded with lumber or merchandise to be loaded on board vessels for water transportation. A space of one hundred feet in width on each side of said wharf is hereby set apart for the free access and egress from said wharf. SEC. 3. For the purposes named in sections one and two of laws appli- this Act, the parties named therein and their assigns are hereby granted all the rights and privileges granted or conferred to or upon railroad corporations by the first eight subdivisions of section seventeen, and by sections eighteen, nineteen, twenty, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirtyseven, thirty-eight, thirty-nine, forty, forty-one, forty-two, fortythree, forty-four, forty-five, forty-six, fifty-one, fifty-two, fiftythree and fifty-five of an Act entitled an Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixty-one, and the Acts since passed amendatory of said sections; and by section two of an Act entitled an Act to amend an Act entitled an Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved May twentieth, eighteen hundred and sixtyone, approved May sixth, eighteen hundred and sixty-two, so far as the provisions of said Acts are applicable. Motive power. SEC. 4. The grantees named in section one may employ, as a motive power on the road herein authorized, any suitable me |