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commissioners.

books and papers belonging to the commission, and all scrip and other evidences of the county indebtedness, (for which bonds have been issued,) duly cancelled, accompanied with a report, setting forth the amount of indebtedness cancelled by them, by issue of bonds, and the interest thereon, and the amount of bonds issued : Provided, that the three per cent. per month scrip shall not be certified nor funded until courts of competent jurisdiction shall have decided said three per cent. scrip to be a legal debt against the county.

Sec. 9. Upon completion of the duties imposed on the commission. Compensation of ers by this act, the secretary shall be entitled to the sum of fifteen hundred dollars, which sum shall include all expenses of office rent and clerk hire; and the two other commissioners shall be entitled to the sum of five hundred dollars each, and the county treasurer is hereby directed and required to pay to the said commissioners said amount out of the first moneys in his hands, also all the incidental expenses of the board: Provided, the same does not exceed the sum of one thousand dollars.

Sec. 10. Any vacancies occurring in the board shall be supplied by Vacancies. others appointed by the board of supervisors of the county; and the commissioners, before entering upon the duties of their office, shall give a joint and several bond in the sum of twenty-five thousand dollars, for the faithful performance of the trust imposed on them, and deposit the same with the board of supervisors for the county.

Sec. 11. The board of commissioners hereinbefore appointed, shall commissioners immediately advertise in two or more public newspapers, for the surrender and liquidation of the three per cent. per month scrip; after the expiration of six months from the date of the advertisement, said scrip shall cease to bear interest.

CHAPTER CXIII.

AN ACT defining the Duties of the Clerk of the Superior Court of

the City of San Francisco.—[Passed May 3, 1852.]

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

Assembly, do enact as follows :

SECTION 1. The clerk of the superior court of the city of San The clerk may Francisco may appoint one or more deputies, who shall have the same

appoint deputies. power in all respects as their principal; the appointment shall be in writing, signed by said clerk, and shall be filed in the office of the recorder of his county; he may revoke the appointment of any

Bonds.

deputy at will, by writing, filed in the same office. Each deputy, before entering on his duties, shall take the oath of office, which shall be endorsed on his appointment.

Sec. 2. The said clerk may take from each of his deputies a bond, with sureties for the faithful performance of his duties; but the clerk and his sureties, on his official bond, shall be liable for all the official acts of each deputy.

Sec. 3. All process issued by any deputy clerk, shall be issued in the name of the principal.

All process shall issue in name of the clerk.

CHAPTER CXIV.

AN ACT concerning Toll Bridges. (1)—[Passed May 1, 1851.]

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

sembly, do enact as follows:

No unlicensed person to take toll.

When license may issue.

SECTION 1. No person shall demand or receive compensation for the use of any bridge as a public highway; nor set up, and keep on any private road a toll bridge, ferry, or constructed ford, so as to receive any remuneration or promise of remuneration for crossing the same, unless authorized so to do by license from the court of sessions of the county within which such bridge is in whole or in part situated.

Sec. 2. No license shall be issued as aforesaid unless it shall first have been made to appear to the satisfaction of the court of sessions that such bridge is necessary for the accommodation of the public, and is made or will be made of substantial and durable materials, and at least ten feet in width; except as hereinafter provided; railed in with a good and substantial railing at least four feet high.

Sec. 3. The court of sessions of any county shall issue no license as aforesaid unless application for the same shall have been filed in said court at least ten days previous to the time of issuing such license; and unless it shall have been made satisfactorily to appear to the court aforesaid, that written notices of such intended application shall have been posted up in at least three public places in the township in which such bridge is in whole or in part located, for at least thirty days previous to such application.

Sec. 4. No license shall be granted as aforesaid, until the person praying for the same shall have filed, in the court of sessions,

The like.

The like.

(1) See ante, page 307.

a bond in the penal sum of ten thousand dollars, payable to the state of California, with sureties to be approved by said court, conditioned that he will at all times keep such bridge in good repair, and suitable for its purposes; and conditioned further that the obligor will pay to any person hindered, delayed, or injured, by reason of any defect, or insufficiency, or want of suitable repair in said bridge, all damages that such person may recover therefor, in any court competent to try such action. Sec. 5. Any person injured, delayed, or hindered, through any Delays arising

by non-repair defect, insufficiency, or want of necessary repair in such bridge, shall of bridges, etc. have a right to sue for and recover of the person having a license therefor, such damages as he may thereby have sustained, in any court competent to try the same.

Sec. 6. No license shall be issued for any bridge or ferry, within No bridge, etc., one mile immediately above or below any licensed bridge, or any within one mile bridge chartered by the legislature of the state; or any bridge established. erected in pursuance of an act of the legislature, approved April 22d, eighteen hundred and fifty, entitled “ An Act concerning Corporations,” unless the situation of a town or village, the crossing of a public highway, or the intervention of some creek or ravine, shall render it necessary.

Sec. 7. Any person who shall violate the first section of this act Penalty for shall be deemed guilty of a misdemeanor, and may upon conviction section 1. be punished by fine, not exceeding for the first offence, five hundred dollars, and for the second offence, in addition thereto, by imprisonment not to exceed thirty days; and in any case where persons

allow travellers to cross streams by ferries or bridges, contrary to the provisions of this act, it shall be the duty of the court of sessions of that county, on the application of a keeper of a licensed bridge or ferry, to issue a writ of injunction to stop such trespass.

Sec. 8. This act shall not affect the right of persons owning and Certain bridges building toll bridges erected or licensed heretofore by order of the court of sessions of any county within this state.

Sec. 9. The court of sessions shall establish the amount of tolls to Amount of toll. be charged or received for crossing all licensed bridges ; which in all cases must be equitable and equal.

Sec. 10. The provisions of section second of this act shall not Section 2, not apply to bridges that have been built and licensed heretofore, by order certain bridges. of the court of sessions of any county within this state; nor shall it prevent the court of sessions upon application to license the erection of bridges across mountain streams where it is impracticable to travel with wagons, of such dimensions as the court in its discretion may determine.

not affected.

Account of receipts for toll to be kept

Sec. 11. The owner or occupant of any toll bridge, licensed under this act, shall enter, in a book kept by him for the purpose, an account of the daily receipts of such bridge ; which book shall be at all times open to the inspection of the court of sessions of the county, from which license as aforesaid may have issued. At the expiration of three months from the date of said license, and at the expiration of each successive period of three months, said owner shall file with the clerk of the court aforesaid a transcript of said account of receipts, verified by the oath of the person who shall have kept the account aforesaid, and shall at the same time file with the clerk the receipt of the treasurer of the county, entitled to the same for the payment of five per cent. of said receipts into the treasury aforesaid ; and such licenses shall be suspended until payment as aforesaid shall have been made; and no license shall be in force for a longer period than one year from the issuing thereof. The provisions of this section shall also apply to all toll bridges now licensed by any court of sessions as aforesaid.

Sec. 12. In no case whatever shall either of the judges of the court of sessions, of any county, be personally interested, directly or indirectly, in any bridge, ferry, or other crossing situated within the county in which they sit as judges, nor shall they in any manner receive any profit arising out of any such bridge, ferry, or crossing, without license has first been granted to either or all of said judges by the district court.

Sec. 13. That when the court of sessions refuse to grant a license to any person to build a bridge, the person making such application shall have the right to apply to the district judge for such license, and the district judge may in his discretion grant such person license for good cause shown.

Sec. 14. The provisions of this act shall not be applicable to bridges and ferries within the limits of an incorporated city.

Sec. 15. This act shall take effect and be in force from and after thirty days after its passage.

Members of sessions not to be interested in any bridge.

Appeal from decision of sessions.

Bridges in cities.

When act to take effect.

CHAPTER CXV.

AN ACT concerning the Costs of Criminal Actions removed before

trial.- [Passed April 29, 1851.]

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

Assembly, do enact as follows :

of criminal

Section 1. In every case where a criminal action may have been costs of removal or shall be removed before trial, the costs accruing upon such re- action. moval and trial shall be a charge against the county in which the indictment was or may be found.

Sec. 2. The clerk of the county to which such action is or may be Certificate for removed, shall certify the amount of said costs to the auditor of his county, who shall audit the same and issue his draft therefor upon the treasurer of the county from which such action was or may be removed.

suit costs.

CHAPTER CXVI.

AN ACT concerning Divorces. (1)-[Passed March 25, 1851.]

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

Assembly, do enact as follows :

divorces.

SECTION 1. The several district courts of this state, within their District courts to respective districts, shall have exclusive jurisdiction to grant a jurisdiction of divorce from bed and board, and from the bonds of matrimony. Sec. 2. Divorces may be granted from bed and board, or from the What divorces

may be granted. bonds of matrimony.

Sec. 3. No person shall be allowed to apply for a divorce under Who may apply the provisions of this act, who has not been a resident of this state for a period of six months, immediately preceding such application. Sec. 4. Divorces from bed and board, or from the bonds of matri- Divorces may

be granted. mony, may be granted—(2)

First. For natural impotence existing at the time of marriage. For impotence.

for divorce.

(1) By the Mexican law, marriage lawfully contracted in the face of the Catholic church, and between members thereof, cannot be dissolved by the civil tribunals. But the union of man and wife without the sanction of the church is regarded as a mere civil contract. See Cal. Sup. Court Rep. vol. 1, p. 215.

(2) Amendment inserted from Stat. 1853, page 70.

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