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Surveyor.

the payment of such moneys as he may receive under the provisions of this Act.

Sec. 8. Whenever any contract for the improvement of roads is Contracts. to be made, advertisement thereof shall be given by the Overseer of the District in which such improvement is to be made, by posting written notices in two of the most public places of his District, and by advertisement in one newspaper of the county, or if none be published in the county, by notice posted at the Court House door ten days prior to the letting of such contract; and all contracts shall be awarded to the lowest responsible bidder, subject to the approval of Award. the Board of Supervisors; provided, that the Overseers shall have power to make contracts for the improvement of roads, which shall not exceed the sum of fifty dollars, at their option; such contracts to be approved by the Board of Supervisors.

Sec. 9. The Board of Supervisors of each County, on presenta- Petition tion of petition praying for a County Road to be laid out within for road. the county, or praying for a cart road to be laid out from the dwelling or plantation of any person to any public road, or from one public road to another, and designating the points therein, shall cause notice to be given to the parties owning the land over which such road is to be located ; and if objections by one or more of the owners shall be Objections. made, the Board of Supervisors shall consider and determine the same at their next regular meeting, and if they shall be of the opinion that such road is necessary, they shall appoint two persons as View- Viewers. ers, to view out and locate said road ; and upon a return of the certificate of the Viewers, shall declare the same to be a public highway. When absolutely necessary, the County Surveyor may be called in Countyor by the Supervisors to assist in said location.

Sec. 10. Each Road Overseer shall report to the Board of Supervisors, quarterly, the amount of money collected and paid out by him, and to whom and for what paid, the number of days he himself has been in actual service, and also a list of delinquents; and the said Overseer shall make an affidavit before a Justice of the Peace, that said report and delinquent list is correct, to the best of his knowledge and belief; and any person refusing or neglecting to pay the road tax, required by this Act, to the Overseer, on or before the first day of October of each year, shall be considered a delinquent, and the Property of Overseer shall proceed to levy and sell at public vendue, to the high

delinquents. est bidder, after giving six days' public notice, the property of such delinquent, or so much thereof as may be necessary to satisfy such delinquency and cost.

Sec. 11. The Overseers shall receive for their services, while in Pay of actual employment, the same per diem compensation as is allowed to the Supervisors of their respective counties.

Sec. 12. If any person shall obstruct any public road, by felling Obstructing any tree across the same, or by placing any other obstruction therein, or damming, digging, or deepening a creek or river, or its banks, so as to destroy a ford or crossing, he shall be liable to prosecution before any Justice of the Peace, by any Supervisor of the county, or Overseer of the Road District, on behalf of the county, and on conviction thereof, shall be filled in a sum not exceeding fifty dollars, and shall forfeit five dollars for every day he shall suffer said obstruction to remain, after he shall have been ordered to remove the same by the Overseer. Sec. 13. If any person shall willfully destroy or injure ary lojuring treos.

Overseer's report.

Overseers.

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bridge or causeway, or remove or cause to be removed, any of the plank or timber therefrom, or cut down or injure any tree planted or growing as a shade tree in any public highway, or damage any highway by digging in it, he shall be liable to be prosecuted before any Justice of the Peace by any Supervisor of the county, in behalf of said county, and on conviction thereof, shall be fined in a sum not to exceed one hundred dollars.

Sec. 14. All fines collected under the provisions of this Act shall be paid into the County Treasury for the use of the Road District in which the same was collected.

Sec. 15. An Act concerning Roads and Highways, passed April eleventb, eighteen hundred and fifty, and An Act concerning Roads and Highways, passed April nineteenth, eighteen hundred and fiftythree, are hereby repealed.

Disposition of fines.

Repeal.

CHAPTER CLIII.

AN ACT

To Discourage the Immigration to this State of Persons who cannot

become Citizens thereof.

[Approved April 28, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Tax of $50.

Oficers to visit ships.

SECTION 1. The master, owner, or consignee of any vessel, arriving

. in any of the ports of this State from any foreign State, country or territory, having on board any persons who are incompetent by the laws of the United States or the laws and constitution of this State to become citizens thereof are hereby required to pay a tax, for each such person, of fifty dollars.

Sec. 2. It shall be the duty of the Commissioner of Emigrants of the city of San Francisco, or the Mayor or other chief municipal officer of any town or city in other parts of this State, to visit all such vessels immediately upon their arrival in any of said ports, and whenever the said Commissioner, Mayor or other chief municipal officer shall be satisfied by personal inspection, or otherwise, of the number of passengers referred to in the first section of this Act, on board of said vessel, he shall demand and receive of the master, owner or consiguee of such vessel, the sum of fifty dollars for each such passenger so disqualified from becoming a citizen of the United States.

Sec. 3. In the event of the non-payment of said tax within three days after the arrival of said vessel, or within three days after demand for said tax, said Commissioner, Mayor or chief oficer of any city, town or village, shall commence suit in the name of the State against the master, owner or consignee, or all of them for said tax before any court of competent jurisdiction in said town or city; and the

Collection of tax.

Suit against master.

of money

Commission.

per cent.

commencing of said suit shall constitute a lien upon such vessel for the Lien on vessel. amount of said tax, and it shall be forever liable for the same.

Sec. 4. The Commissioner of Emigrants of San Francisco is hereby Disposition required to pay over on the first Monday of every month to the Treas. urer of State, for the use of the Hospital Fund, all moneys collected under the provisions of this Act, reserving to himself first five of the amount so collected as compensation under this Act. Sec. 5. The said Commissioner of Emigrants is required. before Bond of

Comunissioner. entering upon the duties of this Act, to enter into a bond to the State of California in the sum of thirty thousand dollars, with good and suffi. cient security to be approved by the Governor, conditioned that he will Condition. well and truly discharge all the duties required of him by this Act, which said bond shall be filed in the office of the Secretary of State.

Sec. 6. This Act shall take effect from and after the first day of Take effect. September next.

CHAPTER CLIV.

AN ACT

To fix the Salary of the County Judge of Placer County.

(Approved April 28, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Section 1. The County Judge of the county of Placer, shall re- Salary. ceive for his services the sum of four thousand five hundred dollars an. nually, from and after the 2d day of June, 1855.

Sec. 2. So much of an Act entitled “ An Act to fix the compensa. Repeal. tion of County Judges, and Associate Justices of the Courts of Sessions and to repeal a like Act passed April 22d, 1850," passed May 17th, 1853, as is inconsistent with the provisions of this Act, is hereby repealed.

CHAPTER CLV.

AN ACT

Amendatory of an Act entitled An Act to Regulate Proceedings

in Civil Cases in the Courts of Justice of this State," passed April 29th, 1851, and also amendatory of an Act entitled " An Act amendatory of and supplementary to an Act entitled An Act to Regulate Proceedings in Civil Cases in the Courts of Justice in this State, passed April 29th, 1851," passed May 15th, 1854.

(Approved April 28, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Section 28.

whom served.

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Act of April

SECTION 1. An Act entitled "An Act to Regulate Proceedings in 29 amended. Civil Cases in the Courts of Justice of this state," (passed April 29th,

1851,) is hereby amended, as hereinafter prescribed.

Sec. 2. Section twenty-eight of said Act, as amended by an Act Summons by passed in March, A. D. 1855, is hereby amended so as to read as fol

lows : Section 28. The summons shall be served by the Sheriff of the county where the defendant is found, or by his Deputy, or by a person specially appointed by him, or appointed by a Judge of the Court in which the action is brought, or by any wbite male citizen of the United States over twenty-one years of age, who is competent to be a witness on the trial of the action, except as hereinafter provided ; a copy of the complaint, certified by the Clerk, shall be served with the summons. When the summons is served by the Sheriff or his Deputy, it shall be returned with the certificate or affidavit of the officer of its service and of the service of the copy of the complaint to the office of the Clerk from wbich the summons issued. When the summons is served by any other person, as before provided, it shall be returned to the office of the Clerk from which it issued, with the affidavit of such person of its service, and of the service of a copy of the complaint. If there be more than one defendant in the action, and such defendants reside within three miles of the Clerk's office, a copy of the complaint need be served on only one of the defendants.

Sec. 3. Section forty-third of said Act is hereby amended so as to Mection 43. Complaints read as follows: Section 43. If the complaint be amended, a copy of the and answers.

amendments shall be filed, or the Court may in its discretion require the complaint as amended to be filed, and a copy of the amendments shall be served upon every defendant to be affected thereby, or upon his attorney, if he has appeared by attorney; the defendant shall answer in such time as may be ordered by the Court, and judgment by default may be entered upon failure to answer, as in other cases.

Sec. 4. Section sixty-four of said Act is hereby amended so as to Section 64. Causes of

read as follows: Section 64. The plaintiff may unite several causes of action.

action in the same complaint, when they all arise out of—First, Con. tracts express or implied; or, Second, Claims to recover specific real

Section 128.
Creditors of

Witnesses.

property, with or without damages, for the withholding thereof, or for
waste committed thereon, and the rents and profits of the same; or,
Third, Claims to recover specific personal property, with or without
damages for the withholding thereof; Fourth, Claims against a trustee
by virtue of a contract or by operation of law; or, Fifth. Injuries to
character; or, Sixth, Injuries to person ; or Seventh, Injuries to prop.
erty. But the causes of action so united shall all belong to one orly of
these classes, and shall affect all the parties to the action, and not require
different places of trial, and shall be separately stated; provided, how- Proviso.
ever, that an action for malicious arrest and prosecution, or either of
them, may be united with an action for either an injury to character or
to the person.

SEC. 5. Section one hundred and twenty-eight of said Act is hereby amended so as to read as follows: Section 128. Any person owing debts defendant. to the defendant, or having in his possession or under his control any credits or other personal property belonging to the defendant, may be required to attend before the Court or Judge, or a referee appointed by the Court or Judge, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The Court or Judge may, after such examination, order personal property capable of manual delivery, to be delivered to the Sheriff on such terms as may be just, having reference to any liens thereon, or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof.

Sec. 6. Section four bundred and two of said Act is hereby amend- Soction 402. ed, so as to read as follows: Section 402. A subpoena may require not only the attendance of the person to whom it is directed, at a particular time and place, to testify as a witness, but may also require him to bring any books, documents or other things in his control, to be used as evidence. No person shall be required to attend as a witness before any Court, Judge, Justice or any other officer out of the county in which he resides, unless the distance be less than thirty miles from his place of residence to the place of trial.

Sec. 7. Section six hundred and four of said Act is hereby amend- Section 604. ed so as to read as follows: Section 604. Every Justice shall keep a What to enter. book denominated a docket, in which he shall enter-First, The Title of every action or proceeding; Second, The object of the action or proceeding, and if a sum of money be claimed, the amount of the demand; Third, The date of the summons and the time of its return, and if an order to arrest the defendant be made, or a writ of attachment be issued, a statement of these facts; Fourth, The time when the parties, or either of them, appear, or their non-appearance if default be made ; a minute of the pleadings and motions, if in writing, referring to them—if not in writing, a concise statement of the material parts of the pleading and of all motions made during the trial by either party, and his decisions thereon; Fifth, Every adjournment, stating on whose application, whether on oath, evidence or consent, and to what time; Sixth, The demand for a trial by jury, when the same is made, and by whom made, the order for the Jury and the time appointed for the trial and return of the Jury; Seventh, The names of the Jury, who appear and are sworn, the names of all witnesses sworn and at whose request; Eighth, The verdict of the Jury and when received; if the Jury disagree and are discharged, the fact of such disagreement and discharge; Ninth, The judgment of the Court, specifying the costs included, and the time when rendered;

Justice's docket.

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