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Court Clerk.

officer.

the Supreme Court, the same shall be filled by such Court until the of Supreme next general election. Sec. 47. When any vacancy shall occur in the office of District District

Attorney, Clerk, Attorney, County Clerk, or in any other County officer, except of the or other County County Judge, the Court of Sessions of the County shall appoint some suitable person to fill the vacancy until the next general election.

Sec. 48. When a vacancy shall occur in the office of a Justice of Justice or the Peace or of a Constable, the County Judge shall order an election as soon as possible to fill such vacancy.

Sec. 49. Whenever an election [of a person] to fill a vacancy is Term of office. had, the person chosen shall hold office for the balance of the term of the person whose place he is elected to fill.

Sec. 50. The act entitled “An Act concerning Officers,” passed Act repealed. April eleventh, eighteen hundred and fifty, is hereby repealed.

Constable.

CHAPTER LXX.

AN ACT for the Regulation of the Militia whilst in actual service.

· [Passed January 28, 1851.)

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

Assembly, do enact as follows :

SECTION 1. That the rules and regulations established for the Army regulations government of the army of the United States shall, from and after militia. the passage of this act, be adopted for the government of the militia of California whilst in actual service.

CHAPTER LXXI.

AN ACT declaring certain Rivers and Creeks Navigable.—[Passed

February 18, 1851.]

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

Assembly, do enact as follows :

Section 1. So much of the San José de Guadalupe river as lies Certain rivers between its mouth and Alviso ; and so much of the Petaluma river navigable. as lies between its mouth and where the road crosses said river, leading from Sonoma and San Raphael ; and so much of Sonoma river as lies between its mouth and the town of San Louis; and so much

of Napa river as lies between its mouth and Napa City; and so much of the Suisun river as lies between its mouth and the town of Suisun Embarcadero; and so much of the Sacramento river as lies between its mouth and the mouth of Clear Creek; and so much of Feather river as lies between its mouth and the northern boundary of the city of Ophir; and so much of Yuba river as lies between its mouth and a point twenty feet west from the east end of the Public Plaza of Marysville; and so much of the San Joaquin river as lies between its mouth and the Tulare Lake; and so much of the Stockton Slough as lies between its mouth and the bridge that is now built above El Dorado street, in Stockton; and so much of the Moquelumne river as lies between its mouth and the first falls; and so much of the Tuolumne river as lies between its mouth and Cañon, or foot of the rapids ; and so much of Deer Creek as lies between the house of Peter Lassen and its mouth; and so much of the river called the American Fork as lies between its mouth and the town of Brighton,

are hereby made and declared navigable. Bridges and dams Sec. 2. It shall not be lawful for any person or persons to build or across said rivers. construct any bridge or dam whatever across said rivers or creeks, so

far as they are by this act declared navigable. Except by license

Sec. 3. Nothing contained in the foregoing sections shall be so construed as to prohibit the Court of Sessions of any county, lying and being on said rivers declared navigable, from granting license to any person or persons to erect and construct bridges or ferries where the public convenience may require them : Provided that said bridges and ferries shall not obstruct the navigation of such streams and rivers

by steamboats and other water crafts. Act repealed.

Sec. 4. The act entitled “ An Act declaring certain Rivers, Creeks, and Sloughs, herein named navigable,” passed March twentieth, one thousand eight hundred and fifty, is hereby repealed.

not to be built

of the Court of Sessions.

CHAPTER LXXII.

AN ACT to amend an Act entitled An Act to establish a Standard

of Weights and Measures, passed March thirtieth, one thousand eight hundred and fifty. (1)—[Passed April 30, 1853.]

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

Assembly, do enact as follows:

County Sealers to procure a

SECTION 1. It shall be the duty of the County Sealers of the

(1) See ante, page 119.

Measurer.

various counties of this state, to procure at the expense of their said standard of counties, a complete standard of Weights and Measures, in con- measures. formity with that established by the Congress of the United States, which shall consist of a yard, a pound weight, liquid gallon, and a half bushel, and the usual subdivisions of such Weights and Measures; the said standards to be certified to by the Weigher and to be certified Measurer of the United States Custom House.

Sec. 2. Said Weights and Measures shall be kept in the office of to be kept in the County Sealer; shall be sealed with the seal of the County Court, County Sealer. and a certificate of their accuracy under the affidavit of said sealer, shall be entered upon the minutes of the County Court, and a copy thereof transmitted to the Secretary of State and filed by him in his office.

Sec. 3. It shall be the duty of all persons using any weights, All weights, measures, or beams, by which any commodity or article of trade beams to be

certified to, once or traffic is weighed or measured, to have the same certified by a year. the County Sealer, at least, once in each year: and any person Penalty for using

false weights, hereafter using any weights, measures or beams, in weighing or etc. measuring, not conformable to the standard of the county in which such weights, measures or beams are used, he or she shall be liable to indictment therefor, and upon conviction thereof, shall be fined in a sum not less than fifty dollars, or more than one thousand dollars.

Sec. 4. So much of the first, seventh, eighth, ninth, tenth, eleventh, Sections of thirteenth and fourteenth sections of the act passed March thirtieth, repealed. one thousand eight hundred and fifty, entitled An Act to establish a Standard of Weights and Measures, as conflicts with this act, is hereby repealed.

Sec. 5. This act shall take effect from and after its passage.

CHAPTER LXXIII.

AN ACT concerning Roads and Highways. (1)—[Passed April

19, 1853.]

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

Assembly, do enact as follows:

SECTION 1. If any person shall obstruct, or cause to be obstructed, Penalty for

obstructing any public road, so as to prevent or delay any public or private con- roads.

(1) See the following act.

Additional penalty.

Appropriation of revenue under the act.

veyance, foot or horse-back passenger, or so as to impair, or in any wise injure the condition of said road, such person shall forfeit and pay a sum not exceeding fifty dollars.

Sec. 2. The person making such obstruction, shall, in addition to the penalty mentioned in the preceding section, forfeit and pay the further sum of ten dollars, for every day he shall suffer such obstruction to remain in or across such road.

Sec. 3. The fines and forfeitures imposed by this act, shall be recoverable by an action instituted in the name of the Supervisor of such road district where such obstructions occur, before any Justice of the Peace in the proper township, and the fines and forfeitures so imposed shall be for the benefit of such road district.

Sec. 4. Whenever the aforesaid Supervisor shall be satisfied, either by his own observation, or upon information from others, that the provisions of this act have been violated, it shall be his duty to prosecute, without delay, any such person or persons, according to the provisions of this act.

Sec. 5. All persons who have heretofore obstructed any public road as aforesaid, are hereby required to remove the same, and if any such person or persons shall fail or refuse to emove such obstruction, within twenty days after the passage of this act, they shall be liable to all the penalties prescribed in this act.

Duty of
Supervisor.

Obstructions to be removed within twenty days from passage of act.

CHAPTER LXXIV.

AN ACT concerning Roads and Highways. (1)—[Passed April 11,

1850.]

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

Assembly, do enact as follows :

What roads are bigbways

SECTION 1. Every road within this state shall be deemed a public highway, which is so declared by an order entered on the minutes of the Court of Sessions of the County over which the road passes,

and it shall be the duty of the Court of Sessions of each county, at the earliest time at which it can be done, to declare, by an entry on the minutes, what roads within the county are public highways. Any road may be discontinued as a public highway by an entry to that effect in the minutes of the court.

(1) See preceding Act.

purposes may be

ways under con

of Sessions.

Sec. 2. The Court of Sessions of each and every county of this Poll tax for rond state, shall have power to levy a poll tax for road purposes, on all levied. able-bodied men in their counties between the ages of eighteen and forty-five years, not exceeding five days' labor in each year.

Sec. 3. The Court of Sessions of each county in this state shall Supervisors of appoint, at the first term held during the present year, and thereafter appointed. at the first term held in each year, as many supervisors of roads as they may deem necessary for the county, and shall agree upon, and Amount of labor enter on the records of their court, a certain number of days that person subject. each able-bodied man, between the ages of eighteen and fifty years, shall be subject to labor upon the public roads in his district during the year : Provided, that no more than five days work upon said highways shall be required of any one person, and the Clerk shall append the number of days fixed upon the notice of each Supervisor appointed in his county.

Sec. 4. The Courts of Sessions of the several counties in this state Roads and highshall have general supervision and control over the public roads and trol of the Courts highways in their respective counties.

Sec. 5. The Court of Sessions of each county shall, on presenta- On petition for tion of petition to said court, praying for a county road to be laid persons to be out in the county, and designating the points therein, appoint two report thereon proper persons of their county, together with the County Surveyor of their county, to view out the road so petitioned for; and it shall be Road may be

declared a public the duty of those so appointed, to proceed as soon as they can well highway. do so, to the place designated in the petition, and lay out said road on the nearest and best way between the points designated in the petition, or order of the court, and report on its utility, and said report shall be recorded by the County Clerk in the records of said court; and if such court shall be of opinion that such road is necessary, it shall make an order to that effect, and declare the same to be a public highway.

Sec. 6. When such appointment has been made, notice thereof Notice to owners shall be given as publicly as possible, to the parties owning the land through which the road is to run, if such parties reside within the Road not to be county; and, if objection by the owners is made to the location, such tions (if any) are

adjudicated road shall not be opened until the objections shall be heard by said upon. court, who shall determine in regard to the same.

Sec. 7. It shall be the duty of the Court of Sessions, as soon as Counties to be practicable, to lay out and divide the county into such road districts road districts. as may be deemed proper, defining the boundaries of the several districts. The division so made may be altered from time to time, as circumstances may in the opinion of the court require.

of land.

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