CHAPTER CLX. AN ACT Concerning the Escape of Convicts of the State Prison. [Approved April 30, 1855.] The People of the State of California, represented in Senate and prisoners. SECTION 1. Whenever any person, legally committed to the State Escaped Prison in this State, shall escape therefrom, and shall be arrested in any part of this State, such person may be tried by any court having criminal jurisdiction in this State, in the manner and form observed in other trials in criminal cases, and if found guilty of such escape from the State Prison prior to pardon, discharg [discharge] or expiration of his term of service in said Prison, he shall be punished by a recommitment for the Punishment. same length of time for which he was sentenced when he escaped from said Prison; said second term of imprisonment to commence at the ex piration of the term for which he was last sentenced. SEC. 2. It shall be the duty of the Lessee or other person having Duty of Lessee. charge of the State Prison, to post a copy of this Act in each of the cells of said Prison. CHAPTER CLXI. AN ACT To Organize the County of Buena Vista. [Approved April 30, 1855.] The People of the State of California, represented in Senate and County. SECTION 1. All that portion of the County of Tulare situated south Limits of of the township line dividing townships number twenty-one and twentytwo south, shall constitute a new county, to be called "Buena Vista" County. petitions. SEC. 2. If at any time prior to the first day of August next, the quali- Filing of fied voters of the said counties of Buena Vista and Tulare shall file petitions in the office of the County Clerk of the County of Tulare, the said County Clerk shall immediately give notice to the Board of Supervisors of the County of Tulare of the filing of such petitions; whereupon it Duty of Supervisors. Election. Townships. Officers to be elected. Term of office. Duty of officers of Tulare Co. Duty of Clerk of Tulare Co. Books, &c., of shall be the duty of such Board of Supervisors to hold a special session of said Board of Supervisors, on or before the thirteenth day of August next, and examine such petitions; and if in the opinion of said Board of Supervisors a majority of the qualified voters within the said new county of Buena Vista, and also a majority of the qualified voters of said counties of Buena Vista and of Tulare put together have signed such petitions, such Board of Supervisors shall enter an order for an election of officers for said county of Buena Vista, under the provisions of this Act, and shall at the same time divide said County of Buena Vista into townships or election precincts. SEC. 3. Said County of Buena Vista shall, on the day of the next general election in this State, elect one County Judge, one County Clerk, who shall be ex-officio County Recorder of said county, one District Attorney, one Sheriff, one County Treasurer, one County Surveyor, one Assessor, one Coroner, one Public Administrator, a Board of Supervisors for said county, and two Justices of the Peace, and two Constables for each township or precinct in said county; all of which officers shall hold their respective offices for the term of two years, and until their successors are elected and qualified, except township officers, who shall be elected for one year only. SEC. 4. From and after the entering of the order of the Board of Supervisors, according to the provisions of the second section of this Act, the county officers of the County of Tulare shall severally perform the duties of officers of the County of Buena Vista, until such officers for said County of Buena Vista shall be elected and qualified under the provisions of this Act. SEC. 5. When the County Clerk elected under the provisions of this Act for the County of Buena Vista shall be duly elected and qualified, it shall be the duty of the County Clerk for the County of Tulare to transfer all books and papers pertaining to the election of officers under this Act, and all other papers properly belonging to said County of Buena Vista over to the said County Clerk of Buena Vista County. SEC. 6. It shall be the duty of all county officers of Tulare county Buena Vista Co. to transfer all books, papers, moneys and effects which may come into their hands, and properly belonging to the said County of Buena Vista, over to the proper officers of the County of Buena Vista, as soon as such officers may be elected and qualified under the provisions of this Act. Seat of Justice. Judicial District. Time of Court. County Judge and District At SEC. 7. The qualified electors of said County of Buena Vista shall, on the day of electing county officers for said county, under the provisions of this Act, elect some point or place to be the Seat of Justice of said county, and the place receiving the highest number of votes shall be the Seat of Justice of said county until otherwise provided by law. SEC. 8. Said County of Buena Vista shall constitute a part of the Thirteenth Judicial District of this State, and the terms of the District Court in and for said County of Buena Vista, shall be on the third Monday of March, July and November of each year. SEC. 9. The salary of the County Judge of said county shall be one torney's salaries. thousand dollars per annum, and the salary of the District Attorney for said county shall be five hundred dollars per annum. Senatorial Member of Supervisors to meet. SEC. 10. Said County of Buena Vistas hall constitute a portion of the Sixth Senatorial District, and the counties of Tulare and Buena Vista shall elect one member of Assembly. SEC. 11. One of the members of the Board of Supervisors of the Coun. ty of Tulare, to be selected by said Board, and one of the members of the Board of Supervisors of the County of Buena Vista, to be selected by said Board, shall meet at the County Seat of the County of Tulare, on the first Monday in the month of October next, or such other time as they may agree upon within one month thereafter, for the purpose of ascertaining the amount of indebtedness of Tulare County, and the amount justly chargeable to Buena Vista County by the assessment roll of taxable property of the year A. D. eighteen hundred and fifty-five; for which amount thus found to be justly chargeable to Buena Vista County, the Board of Supervisors of said county shall order a warrant to be Warrant to issued upon the Treasury of said Buena Vista County, payable out of one-third part of the first funds which may come into said Treasury. SEC. 12. If the said County of Buena Vista shall not be organized Act to remain under the provisions of this Act, in the year A. D. eighteen hundred and fifty-five, then this Act shall be in force and apply to the eighteen hundred and fifty-six. year A. D. be issued. in force. CHAPTER CLXII. AN ACT To amend an Act entitled " An Act to provide for the Formation of Corporations for certain purposes," passed April 14th, 1853. [Approved April 30, 1855.] The People of the State of California, represented in Senate and amended, SECTION 1. Section first of said Act is amended so as to read as Section 1 follows: Corporations for manufacturing, mining, mechanical, wharfing corporations. and dockage or chemical purposes, or for the purpose of engaging in any species of trade or commerce, foreign or domestic, may be formed according to the provisions of this Act; such corporations and members Conditions. thereof being subject to all the conditions and liabilities herein imposed and to none others. CHAPTER CLXIII. AN ACT To authorize the Board of Trustees of the City of San Diego, to convey to the President and Board of Directors of the San Diego and Gila Southern Pacific and Atlantic Railroad Company, two leagues of the Pueblo Lands to aid in the Construction thereof. Trustees to convey land. [Approved April 30, 1855.] The People of the State of California, represented in Senate and SECTION 1. The Trustees of the City of San Diego, in the County of San Diego, or a majority of them, may and they are hereby authorized and empowered to grant, convey, release and quit claim, to the President and Board of Directors of the San Diego and Gila Southern Pacific and Atlantic Railroad Company, and to their successors in office, in accordance with the provisions of this Act, but not otherwise, two leagues of the Pueblo or public lands belonging to said city; and the lands so conveyed may either be sold, released or hypothecated, for the purpose of Purpose of sale. raising funds to construct the said road, and the procuring of the necessary machinery for the same; but the land so conveyed shall neither be sold, leased nor hypothecated by the President and Directors of the said Railroad Company, for any other purpose whatever; and upon the failure of the said Company to build and complete said road within ten years from the date of their present charter, the lands so conveyed shall revert back to the City of San Diego. Lands can be sold. Failure to build road. Election. SEC. 2. Within six months after the passage of this Act, the Board of Trustees of the City of San Diego shall order an election to be held, of Notice thereof. which they shall give at least thirty days' notice, by publication in the San Diego Herald, or post and keeping the same posted on the Court House door, at New San Diego, and at the Plaza, which notice shall state the object for which the election is to be held; and for the purpose of holding said election the Board shall appoint an Inspector and two Judges, who shall be sworn, and who shall have power to appoint Clerks, and hold the election in the same manner as general elections are held. Inspector and Qualified voters Tickets. Duty of SEC. 3. At the election provided for in the second section of this Act, all the legally qualified voters of the county of San Diego, who shall have resided as their permanent place of residence for six months next preceding such election within the bounds of the Pueblo lands of the City of San Diego, according to Fitch's survey and map of said lands, or whose families reside permanently on the same for six months during the year, shall be entitled to vote at said election; upon each ticket shall be plainly written or printed the word or words, "Grant" or "No Grant "; if a majority of all the votes cast shall be in favor of granting, then it shall be, and is hereby made the duty of the present Board of Trustees, or their successors in office, to convey all the right, title and interest of the City of San Diego in and to two leagues of the Pueblo lands of said city, to the President and Directors of the San Diego and Condition of deed. Gila Southern Pacific and Atlantic Railroad Company, in trust and for SEC. 4. For the purpose of carrying the provisions of this Act into Further duty effect, the Board of Trustees shall employ a competent surveyor to sur- of Trustees. vey and plat so much of the Pueblo lands as may be necessary, lying immediately upon or adjacent to the Bays of San Diego, into lots, blocks or tracks of such size as in their judgment will most increase the value of Size of Lots. each alternate lot, block or track; but no lot shall be of a less size than fifty yards front; for defraying the expenses of the survey and plat provided for in this Act, the President and Directors of the said Railroad Company shall pay, or secure to be paid to the Board of Trustees of the City of San Diego one half of the cost of such survey and plat. Cost of survey. SEC. 5. So soon as the survey and plat shall have been completed, To reserve the President of the Board of Trustees, under the direction of the Board, alternate lots. shall, commencing at some fixed point on the survey, near the water of the main bay, and in case there shall be two or more surveys, lying immediately upon the main bay, separated from each other by intervening lands, then at some fixed point near the water upon each survey, and select the first lot to be reserved to the city, and the President of the Railroad Company, under the direction of the Board of Directors thereof, shall be present and select the adjoining lot; and the two Presidents shall proceed in like manner to select each alternate lot, until all the lots lying within one-quarter of a mile of high-water mark of the main bay of San Diego shall have been selected; in the selection of lots, blocks or tracts of land, lying one-quarter of a mile and over from the high-water mark of the main Bay of San Diego, the two Presidents may either Privilege of select alternately or otherwise, as in their judgment may be just and proper; when a quantity of land equal to two leagues shall have been selected by the President of the Railroad Company, said land so selected shall be conveyed by the Board of Trustees to the said Railroad Company, in the manner provided for in this Act. Presidents. ors and Judges Returns. SEC. 6. It shall be the duty of the Inspector and Judges of the elec- Duty of Inspecttion held under the authority of this Act, to make out a complete return of election. of said election, in duplicate; which return shall contain the day on which the election was held, the place where held, the names of the Inspectors, Judges and Clerks, the name of each voter, and the number of votes polled for and against the grant; and the Inspector and Judges shall certify to said returns under oath or affirmation, before the County Recorder, and deliver the original to the President of the Board of Trustees, and the duplicate to the President of the Railroad Company; and it shall be the duty of the President of the Board of Trustees to have the same recorded in the office of the County Recorder; and the expenses of the election, and for the recording the returns thereof, shall be paid one-half by the Board of Trustees, and the other half by the Board of Directors of the Railroad Company. How paid for. SEC. 7. This Act shall take effect from and after the fifteenth day of Take effect. May next. |