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Sec. 107. The judges of the supreme court, of the district courts, ..ose of the superior court of the city of San Francisco, and of the county record. courts shall have power in any part of the state, and justices of the peace, and recorders within their respective counties, and recorders tona and mayors within their respective cities, shall have power to take * * and certify :
1st. The proof and acknowledgment of a conveyance of real property or of any other written instrument.
2d. The acknowledgment of satisfaction of a judgment of any court.
3d. An affidavit to be used in any court of justice of this state.
Sec. 108. No action or proceeding in a court of justice shall be noney in
- - justices’ courts
affected by a vacancy in the office of all or any of the judges, or by **i. the failure of a term thereof.
Sec. 109. Every written proceeding in a court of justice, in this ..." state, or before a judicial officer, shall be in the English language: English. but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals Exo in on
- - - - counties where in the customary manner. In the counties of San Luis Obispo, Santa they may be
Barbara, Los Angeles and San Diego, the proceedings may be in the §.d in English or Spanish languages. Sec. 110. The following acts are hereby repealed : The act enti-Former acts tled an “Act concerning the courts of justice of this state and judicial repealed. officers,” passed March eleventh, one thousand eight hundred and fifty-one; and the act entitled an “Act amending the act entitled an act concerning the courts of justice of this state and judicial officers,” passed March eleventh, one thousand eight hundred and fifty-one. Nothing in this act shall, however, affect any judgment already ren- Repeal not to dered, or any order already made, under an act entitled “An act con-To..." cerning the courts of justice in this state and judicial officers,” pass-" ed March twenty-seventh, one thousand eight hundred and fifty-two. “An act amendatory of an act concerning courts of justice of this Repealed acts state and judicial officers,” passed March eleventh, one thousand continued eight hundred and fifty-one, approved May third, one thousand eight hundred and fifty-two. The act entitled “An act to change the time of holding the district court in the county of San Clara,” passed March twenty-ninth, one thousand eight hundred and fifty-two: And the act entitled “An act to regulate the terms of the district courts of the tenth judicial district,” passed May fourth, one thousand eight hundred and fifty-two, or any proceedings already taken, in any civil ..."
- - - - ... To proceedings or criminal cases, in any of the courts of this state: nor shall it be or existing
When this act shall take effect.
construed so as to remove from office any of the judges of the existing courts of this state.
SEC. 111. This act shall take effect on the first Monday of June next.
AN ACT creating and regulating Public Ferries.—[Passed
The People of the State of California, represented in Senate and
SECTION 1. No person shall keep a ferry without a license, except for his own personal use, or that of his family. (1) SEc. 2. The court of sessions of each county shall be, and they are hereby, empowered to establish public ferries across those bays, rivers, creeks, or sloughs, bounding or within their respective counties, whenever they shall deem it necessary. (2) SEC. 3. Any person may petition the court of sessions for a license to keep a ferry, and if, in the discretion of the court, such ferry be necessary, and the petitioner be a suitable person to keep the same, it shall order the clerk to issue a license, on the payment of the tax assessed on such license. SEC. 4. Upon the production of the receipt of the collector of the county tax to such clerk, he shall issue such license to keep a ferry at the place therein mentioned, for a time not to exceed one year; but no license to keep such ferry shall issue unless the land on that side of such river or creek, on which it is sought to establish such ferry, be public land, or the land of said petitioner; or where the holders or owners of any land where the public convenience may require that such ferry shall be kept, shall neglect or refuse to have a public ferry established within a reasonable time. SEC. 5. No ferry shall be established within two miles, immediately above or below a regularly established ferry, unless it be required by the public convenience; or where 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. Upon application by any person to establish another ferry within two miles of any regularly established ferry, notice of at least ten days of the time and place of such application, and of the grounds upon which the same is founded, shall be served on the proprietor of the ferry already established; and such application shall be made to the same court by which the license to the ferry already established, was granted. (1) SEC. 6. When any river or creek shall be the boundary line between Ferry over river
No person to
License to keep a ferry—when it may issue.
No ferry to be
(1) Amendment inserted from Stat. 1851, p. 183.
two counties, and any person holding lands on either side of said river oil. or creek shall wish to have a public ferry across the same, he or she counties. shall apply to the court of sessions for the county in which his or her land lies, who are hereby authorized to establish such ferry from the land of such applicant to the opposide side. Sec. 7. When any person, being owner or holder of any land lying where public on any river or creek within, or bounding on this state, where any too.
- - - fe b public road may cross the same, and where the public convenience on
may require that a ferry should be kept, shall neglect or refuse to operty. have a public ferry established within a reasonable time, it shall be lawful for the court of sessions of the county in which it may be necessary to have such ferry established, upon proper application being made, and after having given three months' public notice of their intention, by advertisement in some public newspaper in the county, or by written notices set up in three of the most public places in the county, to grant a license to some person to keep a ferry at such place on such conditions as to them may appear reasonable and just, taking bond and security as hereinafter provided. Sec. 8. Any person or persons having obtained a license from the Persons licensed court as aforesaid shall be and they are hereby authorized and empower- #:ours ed to keep such ferry so established, and also to occupy as much ground #" the as may be necessary to discharge passengers, not exceeding one hundred feet on each side of the river or creek, as the ferryman may deem sufficient and necessary, but shall not be permitted to move or disturb any boat lying at shore one hundred feet or more from the regular landing. SEC. 9. In case of any land belonging to any private individual o,o, being appropriated for public use, as provided for in the last two pre- to be appraised ceding sections, it shall be the duty of the court of sessions to ap- and paid for. point three disinterested electors of the county, who shall, upon view of such land so appropriated for public use, appraise the same and make a return to said court, setting forth the metes and bounds of such land, and the fair valuation which they have placed thereon. Whereupon the court of sessions shall make an order that the amount of such appraisement shall be paid to the holder or owner
of such land so appropriated, out of any moneys in the county trea
(1) Amendment inserted from Stat. 1851, p. 184.
When ferries may be established across creeks or rivers bordered by a public connlaion.
Ferry not to
Number and description of boats, etc.; how regulated.
Expresses on public service to pass free.
sury; and thereafter such land shall be held to be public property,
the condition of the bond aforesaid, if the despatch carried by such Exception.
express be endorsed “Public Service,” and be signed by the person
Duties of ferry keepers.
Further duties of ferry keepers.
Ferry keepers exempt from militia and road duty and jury service.