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Sec. 30. The act entitled “An act concerning Jurors,” passed Former act

repcaled. April twenty-eighth, one thousand eight hundred and fifty-one, and the act entitled “An act to exempt fire-men from militia service and jury duty,” passed January twenty-eighth, one thousand eight hundred and fifty-one, are repealed.

Sec. 31. This act shall take effect from and after the first of May, Commencement one thousand eight hundred and fifty-two.

of this act.

CHAPTER CV.

AN ACT to exempt Firemen from Militia Service and Jury Duty.

- [Passed March 25, 1853.]

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

Assembly, do enact as follows:

SECTION 1. The officers and members of any fire company, regu- Firemen exempt. larly attached to the fire department, of any city, town or village and jury duty. within the state, organized according to ordinance of such city, town or village, shall be exempt from militia service and jury duty, except as hereinafter provided.

Sec. 2. The officers and members of any company in said fire de- The same. partment shall be exempt from military duty, except in case of war, invasion, or insurrection.

Sec. 3. It shall be the duty of each person claiming exemption Certificate of from military or jury duty, under the provisions of this act, to produce, if required by the officer serving a jury or militia notice, a certificate of his active membership to the fire department or company to which he is attached, signed by the chief engineer, secretary of the board of delegates of the fire department, foreman of the company, or chief magistrate of the city, town or village. Sec. 4. The officer serving the jury summons or militia notice, may Duty of officer in

serving notice. require the oath of the party summoned or notified, before any magistrate, that he has not resigned, been expelled, or forfeited his membership of the company or department, since the date of his certificate.

Sec. 5. There shall not be allowed to any engine company more Number of than sixty-five certificate members; to any hose

company more than twenty-five certificate members; to any hook and ladder companies more than sixty-five certificate members.

SEC. 6. Any member who shall have served as an active fireman Time of service.

members to each company.

this act.

for the period of five years, and shall produce a certificate of the same, signed by the chief engineer, secretary of the board of dele

gates of the fire department, or other officers to whom such duty may Exempt firemen. be assigned, shall be entitled to receive a certificate as an exempt

fireman, which shall forever release him in this state from jury duty

or militia service. Privileges under Sec. 7. All persons who have served as active firemen in compa.

nies duly organized according to the provisions of this act, subsequent to the first day of January, Anno Domini, one thousand eight hundred and fifty-three, shall be entitled to date their term of five years service from the date of their becoming certificate members :Provided, that the service that shall entitle such person to the exemption herein provided, shall not date prior to the first day of January,

one thousand eight hundred and fifty-three. Fire department of San Francisco.

Sec. 8 The fire department of the city of San Francisco shall at of Sacramento. no time be allowed more than twenty companies; the city of SacraOf Marysville. mento more than ten companies ; the city of Marysville more than

five companies; the city of Stockton more than five companies. Nor shall there be allowed in any other cities, towns or villages more than

one company for each one thousand inhabitants : Provided, always, Other cities, etc. that one company shall be allowed in any city, town or village where

the population is less than one thousand.

Proviso.

Of Stockton.

CHAPTER CVI.

AN ACT to authorize the Mayor and Common Council of the City

of Sacramento to contract for supplying the City with Water.[Passed May 3, 1852.]

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

Assembly, do enact as follows :

ry ordinances.

The city council Section 1. The mayor and common council of the city of Sacrapass the necessa- mento are hereby authorized and empowered to contract, by special

ordinance, in such manner and form as they may choose, with any association, person or persons, to supply the said city with water. Any contract or contracts so made and entered into, shall be valid and binding in law.

CHAPTER CVII.

AN ACT creating the office of Clerk of the Recorder's Court of the

City of Sacramento.- [Passed May 1, 1852.]

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

Assembly, do enact as follows :

appoint a clerk.

SECTION 1. That the recorder of the city of Sacramento may have Recorder may power to appoint a clerk, to be styled the “Clerk of the Recorder's Court,” who shall be paid for his services by the recorder, as he may Salary agree with the said clerk.

Sec. 2. The said clerk, when so appointed, shall have power to is- Powers and sue all writs which the recorder may order; to administer all oaths known to the law; to keep a docket or record of the proceedings of the said court, and generally to do and perform all duties properly belonging to the office of clerk of said court.

duties.

CHAPTER CVIII.

AN ACT to provide for the Construction of Telegraph Lines within

the State of California.—[Passed May 3, 1852.]

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

Assembly, do enact as follows :

Section 1. The right and privilege is hereby granted to Oliver E. To whom

granted. Allen and Clark Burnham, or their assigns, to construct and put in operation an electro-magnetic telegraph line, from the city of San Francisco to the city of Marysville, by the way of the cities of San Jose, Stockton and Sacramento, with right of way over any lands be- Rights and

privileges. longing to this state, and on or along any streets, roads or highways, or across any stream or streams: Provided, they do not obstruct the same, and no person or persons shall be allowed to locate, or construct, or run any telegraph line, or any portion thereof, within half a mile of the line or route selected by the said Allen and Burnham or their assigns, except that when within half a mile of any incorporated city, the proprietors of any similar line of telegraph, may enter said

Duty of

grantees. city and depart therefrom, making their station therein, within twenty

Obligations.

To the public press.

yards of the station of said Allen and Burnham, or their successors, for the term of fifteen years: Provided, that the said above named parties, or their assigns, shall, within eighteen months from the passage of this act, construct and put in operation a telegraph line from the city of San Francisco to the city of Marysville, by the way of San Jose, and Stockton, and Sacramento : Provided, also, that this act shall not prohibit the construction of local side lines. But lines shall not be constructed nor offices established so as to do business di. rectly or indirectly between the cities aforesaid; but side lines may establish offices in said cities for the transmission of communications to and from the main line. This line shall be bound to do the busi. ness of said lines, and to transmit all despatches in the order in which they are received, under the penalty of one hundred dollars, to be recovered, with costs of suit, by the person or persons whose despatch is postponed out of its order, as herein prescribed : Provided, however, that an arrangement may be made with the proprietors or publishers of newspapers for the transmission, for the purpose of publication, of intelligence of general and public interest out of its regular order : and provided, further, that preference may be given to sheriffs and other civil officers for the transmission of intelligence for the detection and capture of criminals.

Sec. 2. No existing law shall be so construed as to conflict or interfere with the provisions of this act: Provided, that the owners of this line shall at all times conform to the present law of the state concerning telegraph companies, so far as it relates to the transmission of messages.

Sec. 3. From and after three years from the completion of said telegraph lines, said Allen and Burnham, or their assigns, shall pay to the treasurer of state three per cent. of the net proceeds of said line, which payment shall be made on the first Monday of May in

Existing law not to conflict.

Revenue to state.

each year.

Penalties and fines.

Sec. 4. Any person or persons who shall unlawfully and intentionally injure, molest or destroy any of said lines, posts, wires, pins, or the materials or other property belonging thereto, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not less than three hundred dollars, nor more than one thousand dollars, or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment for each offence, and shall be liable, to the party injured, in a civil action, for double the amount of damages sustained.

Sec. 5. Any future legislature may alter, amend, or repeal this act, upon the petition of a majority of the voters of the counties through which the line may pass.

Repeal of this law.

Sec. 6. Nothing in this act shall be so construed as to prevent the Meaning of this construction of a telegraph line between the Atlantic and Pacific.

act.

CHAPTER CIX.

AN ACT concerning the Offices of Comptroller and Treasurer of

State. (1)—[Passed May 3, 1852.]

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

Assembly, do enact as follows :

without endorse

treasurer.

Section 1. That hereafter it is required of all persons to whom Indebtedness any warrant on the treasurer of state is issued, by the comptroller, not transferable before such warrant shall constitute an indebtedness against the state, ment of state such warrant shall be presented to the treasurer, who shall, if it be a lawful warrant, endorse the same on the back, officially, with the date of such endorsement, made by him, and no transfer shall be valid without such endorsement.

Sec. 2. It is hereby made the duty of the treasurer to keep a proper Duty ore book for the register of such warrants as are required to be endorsed by him, by the foregoing section, and such register shall contain the date of the endorsement, the name of the person to whom issued, the amount, the number, and for what purpose issued. Sec. 3. This act shall take effect from and after its

passage.

Commencement of the act.

CHAPTER CX.

AN ACT authorizing the Comptroller of State to sue and prosecute

County Treasurers and other Officers charged with the Collection of State Revenue, who have failed or refused to discharge their Duties. (2)—[Passed March 3, 1852.]

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

Assembly, do enact as follows :

SECTION 1. In all cases, where, in the judgment of the comptroller Duty of compof state, any county treasurer, or other person charged with the collec- collecting officers

are guilty of tion of state revenue, shall be guilty of conduct tending or designed to fraud.

(2) See ante, page 72.

(1) fice anto, pagcs 72, 73.

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