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of courts of

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court to be in

Sec. 107. The judges of the supreme court, of the district courts, Powers of judges 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

Justices', peace, and recorders within their respective counties, and recorders

mayors' and and mayors within their respective cities, shall have power to take recorders courts. 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 Vacancy in

justices courts affected by a vacancy in the office of all or any of the judges, or by

cases pending. the failure of a term thereof.

Sec. 109. Every written proceeding in a court of justice, in this Proceedings of 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 Except in certain 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 Spanish. 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repealed : The act enti- Former acts tled an “ Act concerning the courts of justice of this state and judicial officers,” passed March eleventh, one thousand eight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

affect judgments dered, or any order already made, under an act entitled “ An act con- under existing cerning the courts of justice in this state and judicial officers," passed March twenty-seventh, one thousand eight hundred and fifty-two. “ An act amendatory of an act concerning courts of justice of this Repealed aets state and judicial officers," passed March eleventh, one thousand eight hundred and fifty-one, approved May third, one thousand eight hundred and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 cight hundred and fifty-two, or any proceedings already taken, in any civil Not to affect or criminal cases, in any of the courts of this state : nor shall it be under existing

repealed.

laws.

continued

laws,

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.

When this act shall take effect.

CHAPTER CXXXIV.

AN ACT creating and regulating Public Ferries.- [Passed

March 18, 1850.]

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.

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. No ferry to be Sec. 5. No ferry shall be established within two miles, immediately within two miles above or below a regularly established ferry, unless it be required by of an existing ferry, except in 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

established

certain cases.

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

between two

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 creck shall be the boundary line between Ferry over river two counties, and any person holding lands on either side of said river the boundary line 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 requires it, a public road may cross the same, and where the public convenience established on may require that a ferry should be kept, shall neglect or refuse to private property. 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- ferry may occupy ed to keep such ferry so established, and also to occupy as much ground purpose. 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 Private property being appropriated for public use, as provided for in the last two pre- to be appraised

and paid for. ceding sections, it shall be the duty of the court of sessions to appoint 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 trca

(1) Amendment inserted from Stat. 1851, p. 184.

When ferries may be established across creeks or rivers bordered by a public common.

be established

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 restrietions 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 corporation, 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 tow.n, or the proprietor or proprietors of such land, keep up

a sufficient number of ferries across such river or creek. Ferry not to Sec. 11. The court of sessions of each county shall not establish until proof of any ferry until the applicant shall prove satisfactorily that written application for ferry.

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 description of boats, etc.; how direct, from time to time, the number and description of boats, regulatod.

and the number of hands which shall be kept at each ferry respectively.

Sec. 13. The owner of the land whereon such ferry is established, keep a ferry 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 sessions, with one or more sureties, to be approved by said court of sessions, 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 passa ge 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-inpublic service to

chief, colonel, or major, to or from the governor for the time being or commanding officer of the militia, shall be accounted public messengers or expresses, and shall pass all ferries free of charge, within

Number and

Persons authorized to

to give bond to state.

Expresses on

pass free.

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 Duties of

ferry keepers. keep a good and sufficient boat or boats, if more than one be necessary, with a sufficient number of able and skilful ferrymen, as may be directed and required by the court of sessions, and give due attendance 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 unnecessary 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 Further duties of

ferry keepers. 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- Ferries cretion, and under the restrictions hereinbefore prescribed, establish otherwise

impassable. 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 established 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. Ferry keepers ation of setting over public messengers and expresses, exempt from militia and road

duty and jury payment of ferriage by this act, all men while necessarily employed service. 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 as personal 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

over streams

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