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CHAPTER CCVI.

AN ACT

For the Relief of Annie V. R. Wells.

(Approved May 5, 1855.)

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

sembly, do enact as follows:

Section 1. The Controller of State is hereby authorized and re- Appr opriation. quired to draw his warrant on the Treasurer, for the sum of thirteen hundred and thirty-three dollars and thirty-three cents, in favor of Mrs. Annie V. R. Wells, widow of Judge Alexander Wells, the same being the balance of pay which would have been due Judge Wells at the close of the year eighteen hundred and fifty-four.

CHAPTER CCVII.

AN ACT

To provide for the Erection of a Jail in the County of San

Luis Obispo.

(Approved May 5, 1855.)

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

Assembly, do enact as follows:

etc.

Section 1. The Board of Supervisors of the County of San

Supervisors to Luis Obispo are hereby required and authorized, after the passage levy tax. of this Act, to levy a special tax upon the taxable property in the County, not exceeding one per cent. on the valuation; and all money collected under this Act shall be set apart and held as a Special Jail Fund, to be used only as herein provided.

Sec. 2. Said Board may advertise for, and receive, plans, specifi- Plans, estimates cations and estimates, for constructing a County Jail, and shall adopt buch plans and specifications as may be deemed best for the County; reference being had to the probable expenses, and after adopting the plan and specifications, said Board shall give notice by posting in at

Notice for pro least three public places in the County, and by advertisement in some posals. newspaper of general circulation, for at least thirty days, that sealed proposals will be received at a place to be specified, for building a County Jail according to the plan and specifications adopted.

Contract.

Bids not accepted.

Sec. 3. After thirty days' notice, and at the time and place to be specified in the notice, said Board shall open all bids and proposals for building and completing the County Jail, according to the plans and specifications, and within such reasonable time as may be fixed by said Board ; and the contract shall be awarded to the lowest responsible bidder who will give sufficient security for the prompt and faithful performance of the contract. But such Board shall not accept any bid or proposal which in their judgment is higher than a fair

and just compensation for the performance of the contract. Payment for Sec. 4. All payments for notices and advertisements made necesnotices, etc

sary by this Act, and for constructing and furnishing said Jail, shall be made by warrants drawn on the Special Jail Fund ; and said warrants shall be paid in the order of their presentation to the County Treasurer ; but no payment shall be made out of said fund for salary, allowance or compensation to any officer or to any person as agent or overseer, architect or superintendent, or for any purpose other than that specified in this Act.

Sec. 5. Warrants for seventy per cent. of the estimated value of the work done on said Jail may be drawn as the Jail progresses; at least thirty per cent. of the whole amount to be paid being reserved until the completion of the Jail, as additional security for the performance of the contract.

Sec. 6. This Act shall cease to be of effect when said Jail shall Surplus fund. be completed, furnished and paid for. And should any surplus mon

ey then remain in said special fund, it shall be turned over into the General Fund of the County.

SEC. 7. The special tax authorized by this Act, shall be collected

at the same time, and in the same manner as the ordinary State and Percentage for

County Taxes. The Sheriff shall receive five per cent. on all moneys

by him collected and paid over to the County Treasurer under the For Treasurer. provisions of this Act; and the County Treasurer shall receive four

per cent. on the amount of moneys by him disbursed under the provisions of this Act.

Warrants drawn.

Warrants reserved.

Effect of Act.

Tax.

Sherifl.

CHAPTER CCVIII.

AN ACT

Amendatory of an Act, passed May the fifteenth, one thousand

eight hundrell and fifty-four, entitled an Act to amend an Act entitled " An Act to kegulate proceedings in Criminal Cases," passed May the first, one thousand eight hunılred and fifty.one.

(Approved May 7, 1855.)

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

Assembly, do enact as follows:

Section 1. Section three hundred and sixty-two of an Act enti- Sec. 362 ot Act ol tled “An Act to regulate proceedings in Criminal Cases,” passed amonded.

, May the first, one thousand eight hundred and fifty-one, is hereby amended so as to read as follows: Section three hundred and sixty two; the Jury having been empanelled and sworn, the trial shall Order of trial. proceed in the following order. First. If the indictment be for fel- First. ony, the Clerk must read the indictment and state the plea of the defendant to the Jury. In all other cases this formality may be dispensed with. Second. The District Attorney or other counsel for Second. the people must open the cause and offer the evidence in support of the indictment. Third. The defendant or his counsel may then open Third. the defense, and offer his evidence in support thereof. Fourth. The Fourth. parties may then respectively offer rebutting testimony only, unless the Court, for good reasons, in furtherance of justice, permit them to offer evidence upon their original cause. Fifth. When the evi- Fifth. dence is concluded, unless the case is submitted to the Jury on either side, or on both sides, without argument, the counsel for the people must open and may conclude the argument. Sixth. The Judge shall sixth. then charge the Jury if requested by either party ; he may state the testimony and declare the law; but shall not charge the Jury in respect to matters of fact ; such charge shall be reduced to writing before it is given ; and in no case shall any charge or instructions be given to the Jury, otherwise than in writing, unless by the mutual consent of the parties.

SEC. 2. This Act shall take effect and be in force from and after when to take the first day of June next.

effct,

CHAPTER CCIX.

AN ACT

To permit John J. Ellet to construct a Canal across the overflowed

lands from Belmont to the Bay of San Francisco.

(Approved May 7, 1855.)

The People of the State of California represented in Senate and

Assembly, do enact as follows:

Power conferred.

Location of capal.

Freightage.

Section 1. John J. Ellet is hereby authorized to construct, use and continue a Canal at Belmont, in the County of San Francisco, for the term of ten years after the passage of this Act, upon the pay. ment of one dollar per annum for the use of the land upon wbich said Canal shall be located, to the Treasurer of State ; the said Canal to commence at a point where the highland meets the swamp or overflowed lands belonging to the State, and from thence extending seven hundred yards, more or less, across said overflowed lands into the Bay of San Francisco.

Sec. 2. The owner of said Canal may charge and collect such rates for the carrying of goods, merchandise, and other freight as may be reasonable and customary, not to exceed such rates as may hereafter be fixed or approved by the Board of Supervisors of the County; provided, that nothing in this Act shall be so construed as to copfer any right, title or control, over more than a belt of the swamp lands, not to exceed sixty feet in width, or over any lands adjacent to the swamp or overflowed lands; and provided further, that nothing in this Act shall be so construed to grant to said John J. Ellet any right, title or control over said belt sixty feet wide, for a longer time than ten years after the passage of this Act.

Proviso.

CHAPTER COX. .

AN ACT

To authorize the Construction of a Wharf at Half-Moon Bay, in

the County of San Francisco.

(Approved May 7, 1855.]

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

Assembly, do enact as follows :

Pavmont for use

Section 1. J. G. Ward is hereby authorized and empowered to J. G. Ward

empowered. build, use, and continue a Wharf at Half Moon Bay, on or near the Miramontes Ranch, in the County of San Francisco for the term of twenty-five years, upon the payment of one dollar per annum for the of land. use of the land upon which said wharf is situated, to the Treasurer of State; commencing at a point where the overflowed lands connect with the main lands, and running into the Bay formed by the Pacific Ocean, one thousand feet more or less ; provided, said Wharf shall Proviso. not in any manner obstruct the navigation of said bay or ocean.

Sec. 2. The State hereby grants to the said J. G. Ward, the use Grant of lands, of the overflowed lands on both sides of said Wharf for the distance of one hundred and fifty feet (150) from each side of it, for twenty five years from the passage of this act.

Sec. 3. The said J. G. Ward, or his assigns, sball within one year from the passage of this “Act" commence to construct and build upon said lands, a Wharf of sufficient dimensions to accommodate the commerce and trade of that neighborhood, and shall from time to time as the business of the neighborhood may require, enlarge said Wharf, and keep the same in good repair.

Sec. 4. The said J. G. Ward or his assigns, may when said Wharfago, eto. Wharf shall be fully completed, collect such rates of toll and wharfage on the same, as may be affixed from time to time by the Board of Supervisors of San Francisco County.

Sec. 5. Nothing in this Act shall be so construed as to interfere Interference of in any manner whatever with public or private rights heretofore ob-righta. tained.

Construction of wbarf

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