Tables of fees. Penalty. Cost of publication. Execution lor lees. Privileges of Termfolio" defined. Excess of last folio. Mileage of Fees not allowed attorneys. Officers shall specify fees. Penalty for illegal tees. Oath of office. Fees not enumerated. Witnesses. MISCELLANEOUS PROVISIONS. SEC. 60. Every officer whose fees are herein ascertained, shall publish and set up in his office fair tables of his fees according to this Act, within six months after the passage thereof, in some conspicuous place, for the inspection of all persons who have business in his office, upon pain of forfeiting for each day a sum not exceeding twenty dollars, which may be recovered by any person by action before any Justice of the Peace of the same county, with costs. SEC. 61. When, by law, any publication is required to be made. by an officer, of any suit, process, notice, order or other paper, the costs of such publication shall be first tendered by the party, if demanded, for whom such process or order was granted, before the officer shall be compelled to make publication thereof. SEC. 62. If any Clerk, Sheriff, Justice of the Peace or Constable shall not have received any fees which may be due him for services rendered in any suit or proceeding, he may have execution therefor in his own name, against the party from whom they are due, to be issued from the court in which the action is pending. SEC. 63. The Secretary of State, Treasurer, Controller, Attorney General and District Attorneys shall be authorized to require searches in the respective offices of each other, and in the office of the Clerk of the Supreme Court, of the several District Courts, of the County Courts, Courts of Sessions or Recorder's, for any papers, records or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof and extracts therefrom, without the payment of any fee or charge whatever. SEC. 64. The term "folio," when used as a measure for computing fees, or compensation, shall be construed to mean one hundred words, counting every figure necessarily used, as a word; any portion of a folio, when in the whole draft or paper there should not be a complete folio, and when there shall be an excess over the last folio exceeding a quarter, shall be computed as a folio. The filing a paper shall be construed to include the certificate of the same. SEC. 65. When any Sheriff, Constable or Coroner, serves more than one process in the same cause, not requiring more than one journey from his office, he shall receive mileage only for the most distant service. SEC. 66. No Attorney or Counsellor at Law in any case shall be allowed any fees for attending as a witness in such cause. SEC. 67. Every officer upon receiving any fees for official duty or service, may be required by the person paying the same, to make out in writing and deliver to such person, a particular account of such fees, specifying for what they respectively accrued, and shall receipt the same; and if he refuse or neglect to do so when required, or shall receive illegal fees, he shall be liable to the party paying the same, for three times the amount so paid. SEC. 68. No fees shall be charged by any officer for administering and certifying the oath of office. SEC. 69. Officers whose fees are set forth in this Act, shall not be entitled to charge or receive any fees not herein enumerated, unless specially provided for by law. SEC. 70. The Attorney General, or any District Attorney, is authorized to cause subpoenas to be issued, and compel the atten to appear. dance of witnesses on the behalf of the State, without paying or ten- Witness failing dering fees in advance to either officers or witnesses, and any witness failing or neglecting to attend after being served with a subpœna, may be proceeded against and shall be liable in the same manner as provided by law in other cases where fees have been tendered or paid. SEC. 71. The Clerk of any Court, at which any witness shall have witness on attended on behalf of the State, in a civil action, shall give to such behalf of State. witness a certificate, under seal, of travel and attendance, which shall entitle him to receive the same from the State Treasury, on the Controller's Warrant. SEC. 72. The provisions of the two preceding sections of this Act Provisions of shall extend to all actions and proceedings brought in the name of two preceding the Attorney General, or any other person or persons, for the benefit of the State. ,, 1850, repealed. SEC. 73. An Act entitled "An Act to regulate Fees in Office," Act of April 22, passed May 1, 1851; and "An Act to regulate Fees in Office," passed April 22, 1850; and all other Acts or parts of Acts in conflict or inconsistent with the provisions of this Act, are hereby repealed. effect in SEC. 74. This Act shall take effect on the first day of June, A. D, Act shall take one thousand eight hundred and fifty-five, in the counties of San Diego, San Bernardino, Los Angeles, Santa Barbara, San Luis Obispo, Tulare, Monterey, Santa Cruz, Santa Clara, Stanislaus, Alameda, Contra Costa, San Joaquin, Sacramento, Yolo, Solano, Napa, Sonoma, Marin, Mendocino, Humboldt, Butte, and San Francisco; and in the counties of El Dorado, Placer, Calaveras, Sutter, effect in certain Yuba, Tuolumne, Sierra, Siskiyou, Klamath, Mariposa, Shasta, counties. Trinity, Nevada, Colusi, Plumas, and Amador, it shall take effect on the first day of October next. ame shall take. CHAPTER LXXV. AN ACT To Prohibit Lotteries, Raffles, Gifts, Enterprises and other [Approved April 10, 1855 ] The People of the State of California, represented in Senate and unlawful. SECTION 1. It shall be unlawful for any person or persons, to dis- Rafers, etc. pose of any money, goods, personal property, real estate, or other valuables by lottery, raffle, or any game of chance, or by any drawn numbers represented by tickets or cards, or by throwing and counting of dice, or by any other scheme or means by which an uncertain dispo Unlawful to aid. Misdemeanor. Penalty. Goods, etc. forfeited. How apply fines. Repeal. Take effect. sition of said money, goods, personal property, real estate, or other SEC. 2. Any person who shall get up, or aid to any extent, or in SEC. 3. Any and all moneys, goods, personal property, real estate, or other valuables, of which a disposal shall be attempted, sought or offered in any way specified in the first section of this Act, shall be forfeited to the use of the State, and may be recovered by information to be filed, or by an action to be brought by the Attorney General, or by any District Attorney, in the name and on the behalf of the State. SEC. 4. All moneys arising from the collection of fines, under the provisions of this Act, shall be appropriated to county purposes, in the counties where the same is colleeted. SEC. 5. "An Act to prohibit Lotteries," passed March 11th, 1851, and an Act explanatory of an Act entitled "An Act to prohibit Lotteries," passed May 15th, 1854, are hereby repealed. SEC. 6. This Act shall take effect and be in force from and after the first day of June, one thousand eight hundred and fifty-five. Section 27 amended. Surveys. CHAPTER LXXVI. AN ACT To amend an Act entitled "An Act to provide for the Incorpora- [Approved April 10, 1855.] The People of the State of California, represented in Senate and SECTION 1. Section twenty-seven of said Act is hereby amended, to read as follows: Every such corporation shall have power, FirstTo cause such examinations and surveys, for the proposed railroad, to be made, as may be necessary to the selection of the most advantageous route for the railroad, and for such purpose, by their officers, agents 1 waters. lands. and maintain streams. to channel. and servants, to enter upon lands or waters of any person or persons, Lands and subject to responsibility for all damages which they shall do thereto; Damages. Second, To receive, hold, take and convey such voluntary donations of real estate and other property as shall be made, to aid and encourage the construction of said road; Third, To purchase, and by voluntary To purchase grants and donations, receive and take, and by its officers, engineers, Donations. surveyors and agents, enter upon and take possession of, and hold and use. in any manner they may deem proper, the same as a natural person might, or could do, all such lands and real estate, and other property, as the directors may deem necessary for the construction and maintenance of said road, and for the stations, depots and other accommodations and purposes deemed necessary to accomplish the objects of the company; Fourth, To lay out its road or roads, not exceeding To lay out nine rods wide, and to construct and maintain the same with a single or road. double track, with such appendages as may be deemed necessary for the convenient use of the same, and for the purpose of cutting embankments and procuring timber, stone and gravel, may take as much more land as may be necessary for the purposes aforesaid, in the manner hereinafter provided for the proper construction and security of the road; Fifth, To construct their road across, along or upon any stream To cross of water, water-course, roadstead, bay, navigable stream, street or highway, or across any railway, canal, ditch or flume, which the route of its road shall intersect, cross or run along, but the corporation shall restore Restore stream the stream or water course, road or highway, railroad, canal, ditch or flume, that intersected, to its former state, as near as practicable, so as not to impede its usefulness; providing, that when such railroad com- Proviso. pany shall be about to change any stream of water from its natural or Person injured artificial channel, any person who shall be injured by such change, shall to notify serve a notice in writing, on the President or Secretary of such company, and post up a copy of such notice at the point where the water is to be turned, which shall serve as a notice upon the contractor or contractors of said company; whereupon, such company shall proceed to Damages. ascertain the amount of such damage, in the following manner: The How company shall choose one referee, and the party another, and if they do not agree, the two shall choose a third; said referees shall have the same powers as commissioners, provided for by section twenty-eight of the "Act April 22d, 1853." The award shall be final and conclusive Award. upon the parties; when the award of the referees shall be against the railroad company, such company shall pay, or secure to be paid, such amount within thirty days after such amount is so found, and said company notified of the finding of said referees; Sixth, It shall not be Mining claims. lawful for any person or persons to dig, excavate, or remove earth, or other material, from, or to lay out any mining or other claim upon lands taken, owned, required, or located upon by any railroad company formed under this Act, who may have complied with the provisions of the laws of this State in relation to the incorporation of railroad companies and the provisions of this Act in relation to filing their location with the Secretary of Sate, without permission of said company, under penalty of being prosecuted for a misdemeanor, and forfeiting to said Penalty. corporation treble the amount of damages sustained thereby, besides a fine of five hundred dollars, or imprisonment in the County Jail not exceeding six months, or both such fine and imprisonment, in the discretion of the Court; but if by reason of such unlawful digging away of earth, any accident should happen to life or limb of any person riding in the cars upon said "railroad," then such person or persons shall be President. ascertained Accident. Penalty. Track of the road. guilty of felony, and upon conviction thereof, shall be imprisoned in the Penitentiary for any term not less than three nor more than ten years; but the provisions of this subdivision shall not extend to any property or possessions of any railroad company beyond the track of the road or the nine rods in width occupied by the same; nor shall anything in this section be so construed as to authorize the company, or any member thereof, to excavate for mining purposes, or to sell or lay out any mining claim along said railroad track, or within the nine rods in width. Sheriff to pay rent. $200 a month. CHAPTER LXXVII. AN ACT To authorize the payment of the Rent of the Court House in [Approved April 10, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Sheriff of Sacramento county is hereby authorized to pay the rent which is accruing against the said county for rent of a Court House, out of any money which may come into his hands, belonging to the General County Fund of said county; and the County Treasurer of said county shall credit him, in his settlements, for said amounts; provided, said payments shall not exceed two hundred dollars per month from the first day of February, one thousand eight hundred and fifty-five. |