CHAPTER LXXVIII. AN ACT To authorize the Board of Supervisors in and for the County of Marin to levy a in said County. [Approved April 10, 1855.] The People of the State of California, represented in Senate and to levy tax. SECTION 1. The Board of Supervisors in and for the County of Supervisors Marin, are hereby authorized and empowered to levy and cause to be collected, in the same manner and at the same time as other State and county taxes, the following annual tax, to wit: a sum not to exceed one-half of one per cent. upon all the taxable property in said county, for the erection of a Court House and Jail. Court House. SEC 2. The said fund shall be applied to the erection and furnish- To build ing of a County Jail, and Court House, and shall be applied to no other purpose. SEC. 3. Whenever said building shall be completed, furnished and paid for, this Act shall cease, and be of no effect. CHAPTER LXXIX. AN ACT To change the time of holding the different Courts, authorized to be held by the County Judge in the County of Yolo. [Approved April 10, 1855.] The People of the State of California, represented in Senate and Sessions. SECTION 1. That the Court of Sessions in and for said County, Court of shall be held at the County Seat of said County, on the first Monday Where and of August, December and April, of each year. when held, SEC. 2. That the County Court of said County be held on the County Court. third Monday of August, December and April of each year. SEC. 3. That the Probate Court of said County be held on Probate Court. the fourth Monday of August, December and April, of each year. SEC. 4. That so much of an act entitled "An Act concerning Repeal. the Courts of Justice of this State, and Judicial Officers," passed May 19th, 1853, as conflicts with the provisions of this Act, is hereby repealed. Supervisors to levy tax. Proposals. Contracts. Act to expire. CHAPTER LXXX. AN ACT Authorizing the Board of Supervisors of Napa County to levy a tax for certain purposes. [Passed April 10, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Napa, are hereby authorized and empowered, to levy a tax upon the taxable property of said County, not exceeding one-half of one per cent, the proceeds of which shall be applied equally as follows: One-half of the proceeds of said tax shall be expended towards the removal of snags and other obstructions, to the navigation of Napa River; the other half shall be used for the construction or opening of a wagon road from Napa Valley to Clear Lake, by way of Pope and Cayote Valleys, and for no other purposes. SEC. 2. After said tax has been collected, it shall be the duty of said Board, as soon as practicable, to advertise and receive proposals for the completion of said works: and shall be left discretionary with the Board to award such contract or contracts to such person or persons as they may deem sufficiently responsible for the prompt and faithful performance of the said works. SEC. 3. Whenever said works shall have been finished, and its completion approved by the Board of Supervisors, this Act shall cease and be of no effect. CHAPTER LXXXI. AN ACT Amendatory of, and supplementary to, an act entitled "An Act defining the legal distances from each County Seat in the State of California, to the State Capitol at Sacramento, the State Lunatic Asylum at Stockton, and the State Prison at San Quentin," passed May 15th, 1854. [Approved April 10, 1855.] The People of the State of California, represented in Senate and amended. Distance SECTION 1. Section second of the said Act, so far as the same Section 2 relates to the County of Siskiyou, is hereby amended so as to read as follows, to wit: From the County Seat of Siskiyou County to Sacramento, four hundred and twenty miles; to Stockton, four hun- defiled. dred and seventy-five miles; to San Quentin, five hundred and seventy-five miles. CHAPTER LXXXII. AN ACT To amend an Act concerning Crimes and Punishments, passed April 16th, 1850. [Approved April 10, 1855.] The People of the State of California, represented in Senate and SECTION 1. The forty-seventh section of an act concerning crimes Section 47 and punishments, passed April sixteenth, one thousand eight hundred amended. and fifty, is hereby amended so as to read as follows: Section fortyseven. Rape is the carnal knowledge of a female, forcibly and against Rape defined. her will; and a person duly convicted thereof, shall be punished by imprisonment in the State Prison, for a term not less than five years, Punishment. and which may extend to life; and any person of the age of fourteen years and upwards, who shall have carnal knowledge of any female child, under the age of ten years, either with or without her consent, shall be adjudged guilty of the crime of rape, and be punished as before provided. Section 50 amended. Penalty. SEC. 2. Section fifty of the same act, is hereby amended so as to read as follows: Section fifty. An assault with an intent to commit Various crimes. murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny, shall subject the offender to imprisonment in the State Prison for a term not less than one year, nor more than fourteen years. An assault with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another, a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the State Prison, not exceeding two years, or to a fine not exceeding five thousand dollars, or to both such fine and imprisonment. Penalty. Section 116 amended. Riot. Penalty. Two more persons commit a riot. Penalty. Section 137 ainended. Injury to animals. Penalty. Injury Penalty. Section 13 amended. Competent witnesses. SEC. 3. Section one hundred and sixteen of the same act, is hereby amended so as to read as follows: Section one hundred and sixteen. If two or more persons shall meet to do an unlawful act, upon a common cause of quarrel, and make advances toward it, they shall be deemed guilty of a rout, and on conviction, shall be severally fined in a sum not exceeding five hundred dollars or imprisonment in the County Jail not more than six months; and if two or more persons shall actually do an unlawful act of violence, either with or without a common cause or quarrel, or even do a lawful act, in a violent, tumultuous and illegal manner, they shall be deemed guilty of a riot, and upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars each, or by imprisonment in the County Jail for any term of time not exceeding six months, or by both such fine and imprisonment. SEC. 4. Section one hundred and thirty-seven of the same act, is hereby amended, so as to read as follows: Section one hundred and thirty-seven. Every person who shall maliciously kill, maim or wound any horse, ox, or other domestic animal belonging to another, or shall maliciously or cruelly beat or torture any such animal, whether belonging to him self or another, shall upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment; and every person who shall willfully, unlawfully and maliciously destroy, burn, cut, or otherwise injure any goods, chattels or property, of any description whatsoever, belonging to another, shall upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment. SEC. 5. Section thirteen of the same Act is hereby amended so as to read as follows: Section thirteen. The party or parties injured, shall in all cases be competent witnesses; the credibility of all such witnesses shall be left to the jury as in other cases. In all cases where two or more persons are jointly or otherwise concerned in the commission of any crime or misdemeanor, either of such persons may be sworn as a witness against another, in relation to such crime or misdemeanor; but the testimony given by such witness shall in no instance be used against himself, in any criminal prosecution, and any person may be compelled to testify as provided in this section. CHAPTER LXXXIII. AN ACT For the Relief of B. Wing, and W. H. Williamson. [Approved April 11, 1855.] The People of the State of California, represented in Senate and authorized. SECTION 1. The Controller of State is hereby authorized to draw Warrants his Warrants on the Treasurer of State, in favor of B. Wing, for fifty-four dollars, for services as Sergeant-at-Arms to State Prison Committee for four days and a half; and to W. H. Williamson, for thirty-six dollars, for services as Sergeant-at-Arms to the State Marine Hospital Committee for three days; which amounts are hereby appropriated out of any money in the Treasury not otherwise appropriated. CHAPTER LXXXIV. AN ACT To recompense B. B. Redding and Geo. Kerr & Co, for work performed for the State of California during the year 1854. [Approved April 11, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Controller of State is hereby authorized and re- To B. B. quired to draw his warrants on the Treasurer of State, in favor of B. Redding B. Redding, for the sum of nine thousand nine hundred and seventynine dollars and ninety-one cents, and in favor of Geo. Kerr & Co., To Geo. Kerr for the sum of seven thousand seven hundred and thirty-three dollars & Co. and fourteen cents. SEC. 2. The sum of seventeen thousand seven hundred and thir- Appropriation. teen dollars and five cents, is hereby specially appropriated and set apart out of any money in the General Fund, for the payment of the warrants required to be issued by the first section of this Act. |