Appropriation. CHAPTER LXXXV. AN ACT To supply a deficiency in the appropriation to provide for the Survey of a portion of the Northern Boundary of this State. [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 required to draw his warrant on the State Treasurer, in favor of the Surveyor General, for the sum of one thousand three hundred and seventy-four, 95-100 dollars, to supply a deficiency in the appropriation to provide for the survey of a portion of the Northern boundary of this State; and the Treasurer is required to pay the same out of any money in the Treasury not otherwise appropriated. Unlawful to sell. Penalty. CHAPTER LXXXVI. AN ACT To prohibit the sale of Ardent Spirits within two miles of the [Approved April 11, 1855.] The People of the State of California, represented in Senate and SECTION 1. No person or persons shall sell, or keep for sale, or have any shop or place open for the keeping or sale, either directly or indirectly, or shall give away, or keep in his house, store or warehouse, any spirituous liquors, or fermented liquors or liquor, a part of which is spirituous, within two miles of the State's Prison grounds, belonging to this State. SEC. 2. Any person violating this Act, shall be liable for the first offense, to a fine not less than fifty dollars, nor more than two hundred dollars, and for every subsequent offense, to a fine as above, and imprisonment in the county Jail, not less than ten nor more than ninety days. SEC. 3. Any Justice of the Peace, Judge of any County Court, or of the Court of Sessions, shall have jurisdiction of the offenses prohibited by this Act. CHAPTER LXXXVII. AN ACT To amend an Act entitled "An Act defining the time for commencing Civil Actions," passed April 22, 1850. [Approved April 11, 1855.] The People of the State of California represented in Senate and property. SECTION 1. Section six of said Act is hereby amended so as to read section 6 as follows: No action for the recovery of real property or for the re- amended. covery of the possessiou thereof, shall be maintained, unless it appear Recovery of that the plaintiff, his ancestor, predecessor or grantor, was seized or possessed of the premises in question, within five years before the commencement of such action: provided, however, that an action may be Proviso. maintained by a party claiming such real estate, or the possession thereof under title derived from the Spanish or Mexican Governments or the Titles. authorities thereof, if such action be commenced within five years from the time of the final confirmation of such title by the Government of the United States or its legally constituted authorities. amended. SEC. 2. Section seven of said Act is amended so as to read as fol- Section 7 lows: No cause of action, or defense to an action, founded upon the title to real property, or to rents, or to services out of the same, shall be Real property. effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the de fense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question, within five years Possession. before the commencement of the Act, in respect to which such action is prosecuted, or defense made, or unless it appear that the title to such Title. premises was derived from the Spanish or Mexican Governments, or that the same was confirmed by the Government of the United States Confirmation. or its authorities, within five years before the commencement of such action. amended. SEC. 3. Section eighth of said Act is hereby amended so as to read Section 8 as follows: Any peaceable entry upon real estate shall be deemed suffi- Peaceable entry. cient and valid as a claim, unless an action be commenced by the plaintiff in ejectment, within one year after the making such entry; or within five years from the time when the right to bring such action accrued, or within five years after the final confirmation by the United States of any title derived from Spain or Mexico. Section 1 amended. Incorporation of colleges. Section 2 amended. Founders and contributors. Trustees and name. Section 3 amended. colleges incorporated. CHAPTER LXXXVIII. AN ACT Amendatory of an Act entitled "An Act to provide for the Incorporation of Colleges," passed April 20, 1850. [Approved April 13, 1855.] The People of the State of California, represented in Senate and SECTION 1. Section first of an Act entitled "An Act to provide for the Incorporation of Colleges," passed April 20, 1850, is hereby amended so as to read as follows: Any college may be incorporated in this State, according to the provisions of this Act, by the State Board of Education, consisting of the Governor, Superintendent of Public Instruction and Surveyor General. SEC. 2. Section second of the above recited Act is hereby amended so as to read as follows: The founders and contributors of any proposed College within this State, shall make to the State Board of Education, application in writing requesting that College may be incorporated, specifying the first Trustees, and name by which the corporation is to be called. SEC. 3. Section third of said Act is hereby amended so as to read as follows: In case the State Board of Education or a majority thereof, Board to declare shall be satisfied that the proposed College has property to the amount of twenty thousand dollars, and that the proposed Trustees are capable men, then the said Board of Education, or a majority thereof, shall by an instrument under their hands, declare the college incorporated under the provisions of this Act, by the name specified in the application: and the application, together with the declaration of the Board or a majority thereof, shall be recorded in the office of the Secretary of State. CHAPTER LXXXIX. AN ACT To provide for Paying the Outstanding Indebtedness of the [Approved April 13, 1855.] The People of the State of California, represented in Senate and Supervisors Further tax. SECTION 1. For the purpose of paying the outstanding indebtedness of the County of Santa Clara contracted prior to first day of March, A. D., eighteen hundred and fifty-four, and any other indebtedness that may have accrued for the erection of County buildings, prior to the passage of this Act, the Board of Supervisors of said county is hereby au- to levy tax. thorized to levy in each of the years eighteen hundred and fifty-five, eighteen hundred and fifty-six, and eighteen hundred and fifty-seven, in addition to the taxes now authorized by law to be levied for the current annual expenses of the county, the further sum of thirty cents on each hundred dollars value of real and personal property, to be applied exclusively to the payment of said indebtedness and to no other purpose. SEC. 2. All moneys received into the Treasury of said county, not Moneys from required by law to be paid over to the State Treasury, from licenses, fines, orders in court, and poll tax, during the years eighteen hundred and fifty-five, eighteen hundred and fifty six, and eighteen hundred and fifty seven, shall be applied exclusively to the payment of the outstand- How applied. ing indebtedness described in the first section of this Act. How applied. licenses, etc. SEC. 3. The provisons of this Act shall cease and determine at the Act to cease. end of the year eighteen hundred and fifty-seven. Duplicate warrant. Bond. Condition. CHAPTER XC. AN ACT To authorize the Controller of State to issue a Duplicate Warrant to S. H. Marlette. [Approved April 13, 1855.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. The Controller of State is hereby authorized, and required to issue a duplicate warrant drawn upon the Treasurer of State, in favor S. H. Marlette for warrant No. 2704, for two hundred dollars, dated April 12, 1854. SEC. 2. The Controller shall require before issuing said warrant, that the said S. H. Marlette, shall file in his office a good and sufficient bond to the State, with two good sureties in double the amount of said warrant, conditioned that if said warrant shall ever be presented for payment at the Treasury, then the party and his sureties shall repay the same. Time of. Special elections. Two houses Joint vote. CHAPTER XCI. AN ACT Prescribing the manner of electing United States Senator. [Approved April 14, 1855.] The People of the State of California, represented in Senate and SECTION 1. All regular elections for United States Senators for the State, shall be held after the first day of January next preceeding the commencement of the term which is to be filled. All special elections shall be held at any session of the Legislature, at which a vacancy or Executive appointment shall be reported by the Governor. SEC. 2. Whenever any election is to be held for an United States Senator, in pursuance of the Constitution of the United States, the Senate and Assembly shall meet together, on such a day, and at such an hour, as may be agreed to by both Houses and by joint vote proceed to the election provided, that regular elections shall be held on a day subsequent to the period mentioned in the first section of this Act. |