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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 The following acts are hereby repealed : The act enti-Former acts tled an “Act concerning the courts of justice of this state and judicial repealed.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 “An act amendatory of an act concerning courts of justice of this Repealed acts state and judicial officers,” passed March eleventh, one thousand continued eight hundred and fifty-one, approved May third, one thousand eight hundred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.

CHAPTER CXXXIV.

AN ACT creating and regulating Public Ferries.—[Passed
March 18, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows: -

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
keep a ferry
without a
license.
Conrt of sessions
may establish
public ferries.

Petition for
license to keep a

ferry.

License to keep a ferry—when it may issue.

No ferry to be
established
within two miles
of an existing
ferry, except in
certain cases.

(1) Amendment inserted from Stat. 1851, p. 183.
(2) For supplementary act, explanatory of this section, see next chapter.

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
be established
until proof of
application for
ferry.

Number and description of boats, etc.; how regulated.

Persons
authorized to
keep a ferry
to give bond to
state.

Expresses on public service to pass free.

sury; and thereafter such land shall be held to be public property,
until such ferry shall become disused, or be formally vacated by the
court of sessions.
Sec. 10. Where the land bordering on any creek or river, across
which a public ferry is deemed necessary, shall be a public common
for any town, the said court shall be authorized to establish ferries
across such river or creek, on application of any person owning land
next adjoining such public common, under the same rules and restric-
tions that ferries are established to persons owning land bordering
on such river or creek; but the foregoing provisions shall not be so
construed as in any wise to affect the right of any town or corpora-
tion, or of any person or persons being proprietor or proprietors of
any town, their heirs or assignees, by giving the right to establish a
ferry or ferries to any person or persons who are not proprietors of
the land lying on the margin of the river or creek, if the corporation
of such town, or the proprietor or proprietors of such land, keep up
a sufficient number of ferries across such river or creek.
Sec. 11. The court of sessions of each county shall not establish
any ferry until the applicant shall prove satisfactorily that written
notices of his intended application have been set up in three of the
most public places in the township at least thirty days.
SEc. 12. The court of sessions shall have authority to order and
direct, from time to time, the number and description of boats,
and the number of hands which shall be kept at each ferry respec-
tively.
SEC. 13. The owner of the land whereon such ferry is established,
or the applicant to whom the ferry is granted, shall, within thirty
days from the establishment thereof, execute a bond payable to the
state of California, in a penal sum to be fixed by the court of ses-
sions, with one or more sureties, to be approved by said court of ses-
sions, conditioned that he or she will keep such ferry, or cause the
same to be kept according to law, and that he or she will give passage
to all public messengers and expresses, when required, without fee or
reward; which bond shall be filed with the clerk of the county court,
to be proceeded on in the same manner as other public bonds for any
breach of the condition thereof; and if any person shall neglect or
refuse to give such bond, he or she shall forfeit his or her right to
said ferry.
Sec. 14. All expresses sent on public service by a commander-in-
chief, colonel, or major, to or from the governor for the time being
or commanding officer of the militia, shall be accounted public mes-
sengers or expresses, and shall pass all ferries free of charge, within

the condition of the bond aforesaid, if the despatch carried by such Exception.

express be endorsed “Public Service,” and be signed by the person
sending the same. But no ferryman shall be bound to give passage
free to any such express in time of peace, except in case of insur-
rection.
SEc. 15. Each and every licensed ferry keeper shall constantly
keep a good and sufficient boat or boats, if more than one be neces-
sary, with a sufficient number of able and skilful ferrymen, as may
be directed and required by the court of sessions, and give due at-
tendance to the said ferry or ferries, and to the transportation of all
persons with their property who shall apply for the same between
daylight in the morning and dark in the evening, so that no unneces-
sary delay may happen to persons having occasion to pass said ferry;
and all licensed ferry keepers shall be obliged at any hour of the
night, if required, except in cases of evident danger, to give passage
to all expresses above recited, and to all other persons requiring the
same, on their tendering and paying the rate of ferriage allowed to
be taken during the day time.
SEc. 16. It shall be the duty of all ferry keepers within this state
to cause the banks of the river or creek to be dug sufficiently low,
and kept in good passable order for the passage of man and horse,
wagons, and other vehicles.
Sec. 17. The courts of sessions of each county may, in their dis-
cretion, and under the restrictions hereinbefore prescribed, establish
and license ferries over streams that are otherwise impassable, except
for short periods in particular seasons, without charge, if the court
of sessions shall be satisfied that the profits of such ferry will not
satisfy the owner in paying a tax therefor; but every ferry so estab-
lished under the provisions of this section shall be subject to all the
rules, regulations, and restrictions, herein prescribed for regulating
ferries, except so far as relates to the payment of a ferry tax.
Sec. 18. For the encouragement of ferry keepers, and in consider-
ation of setting over public messengers and expresses, exempt from
payment of ferriage by this act, all men while necessarily employed
in attending licensed ferries in this state shall be free from militia
duty except in times of war or public danger; from working on roads
and highways, so far aspersonal service is required; and from services
on juries. And if any person, or persons other than ferry keepers,
licensed under the provisions of this act, shall set any person, or
thing, over any river or creek wherein public ferries are established,
or shall hire to any person or persons, a boat for that purpose, within
two miles of such public ferry, he, she, or they, so offending, shall

Duties of ferry keepers.

Further duties of ferry keepers.

Ferries
over streams
otherwise

impassable.

Ferry keepers exempt from militia and road duty and jury service.

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