take testimony as in civil actions, for the purpose of ascertaining the cost of constructing and keeping said road in repair. SEC. 3. Said grantees shall have the right of way over and Rights of along the route of said road; and said grantees shall have the grantees. right to enter upon and occupy private lands necessary to the location of said road, and to take and use any timber, rock, earth, or other material necessary to the construction thereof, in the manner and to the same extent provided and authorized in the Act of May twelfth, one thousand eight hundred and fifty-three, authorizing the formation of corporations for the construction of plank and turnpike roads. SEC. 4. It shall be lawful for said grantees to throw open Opening road their road for such period as they shall deem proper, by giving one week's notice, by publication in a newspaper published in said county, of the date of such opening; and during the time that said road remains so opened, said grantees shall not be required to keep the same in repair, nor shall they collect tolls thereon, nor be liable for damages occurring in consequence of defects thereon. purchase. SEC. 5. At any time after five years from the completion of County may said road, the Board of Supervisors of El Dorado may purchase and make said road a free public road, by paying to said grantees the original cost thereof, as ascertained under section two of this Act, with interest at the rate of twelve per cent per annum on said cost. And at the expiration of twenty years from the completion of said road, it shall become and thereafter remain a free public highway. certain Act. SEC. 6. If, within two years from the date thereof, said Company grantees shall organize and incorporate themselves under the may adopt provisions of the Act of May twelfth, one thousand eight hundred and fifty-three, authorizing the formation of corporations for the construction of plank and turnpike roads, and said last named Act shall thereupon be deemed as adopted by said grantees, and as governing their rights and liabilities, so far as the same are not inconsistent with the provisions of this Act. SEC. 7. This Act shall take effect from and after its passage. CHAP. CCL.-An Act to amend an Act entitled an Act defining the time for commencing Civil Actions, passed April twenty-second, eighteen hundred and fifty. [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section six of the Act entitled an Act defining the time for commencing civil actions, passed April the twentysecond, eighteen hundred and fifty, is hereby amended so as to read as follows: Actions for recovery of real property. Limit. Same. Entry upon Section 6. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear 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. SEC. 2. Section seven of said Act is hereby amended so as to read as follows: Section 7. No cause of action or defence to an action founded upon the title to real property, or to rents or profits out of the same, shall be effectual, unless it appear that the person prosecuting the action, or making the defence, or under whose title the action is prosecuted or the defence is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within five years before the commencement of the Act in respect to which such action is prosecuted or defence made. SEC. 3. Section eight of said Act is hereby amended so as to read as follows: Section 8. No entry upon real estate shall be deemed suffireal estate. cient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make such entry descended or accrued. Action. Persons disability excepted. SEC. 4. Section sixteen of said Act is hereby amended so as to read as follows: Section 16. If the person entitled to commence any action under legal for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defence founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue, either: First-Within the age of majority. Or, Second-Insane. Or, Third-Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life. Or, Fourth-A married woman, and her husband be a necessary party with her in commencing such action or making such entry or defence. The time during which such disability shall continue shall not be deemed any portion of the time in this Act limited for the commencement of such action or the making of such entry or defence, but such action may be commenced or entry or defence made within the period of five years after such disability shall cease, or after the death of the person entitled who shall die under such disability; but such action shall not be commenced or entry or defence made after that period. SEC. 5. Section twenty-three of said Act is hereby amended so as to read as follows: Section 23. If a person entitled to bring an action mentioned in the last preceding chapter, except for a penalty or forfeiture, or against a Sheriff or other officer for an escape, be at the time the cause of action accrued, either > First-Within the age of majority. Or, Second-Insane. Or, Third-Imprisonment on a criminal charge, or in execution under the sentence of a Criminal Court, for a term less than for life. Or, Fourth-A married woman, and her husband be a necessary party with her in commencing such action. The time of such disability shall not be deemed a part of the time limited for the commencement of the action. SEC. 6. The time that shall have already run under the Act Limitation. to which this is amendatory, when this Act takes effect, shall be taken and computed as a portion of the time in this Act limited for the commencement of an action or the making of a defence thereto; provided, that a person now laboring under a Proviso. disability existing according to the provisions of the said Act to which this Act is amendatory, but which is not held or declared to be a disability by this Act, shall have five years after the passage of this Act in which to commence such action or to make such defence; and, provided, further, that any person claim- Proviso. ing real property, or the possession thereof, or any right or interest therein, under title derived from the Spanish or Mexican Governments, or the authorities thereof, which shall not have been finally confirmed by the Government of the United States, or its legally constituted authorities, more than five years before the passage of this Act, may have five years after the passage of this Act in which to commence his action for the recovery of such real property, or the possession thereof, or any right or interest therein, or for rents or profits out of the same, or to make his defence to an action founded upon the title thereto; and, provided, further, that nothing in this Act contained shall be so construed as to extend or enlarge the time for commencing actions for the recovery of real estate or the possession thereof, under title derived from Spanish or Mexican Governments, in a case where final confirmation has already been had, other than is now allowed under the Act to which this Act is amendatory. firmation. SEC. 7. Final confirmation, within the meaning of this Act, Final conshall be deemed to be the patent issued by the Government of the United States, or the final determination of the official survey under the provisions of the Act of Congress entitled an Act to amend an Act entitled an Act to define and regulate the jurisdiction of the District Courts of the United States in California, in regard to the survey and location of confirmed private land claims, approved June fourteenth, eighteen hundred and sixty. SEC. 8. All Acts and parts of Acts inconsistent or in conflict Acts with the provisions of this Act are hereby repealed. repealed. Compen. sation. Proviso. CHAP. CCLI.-An Act to amend an Act entitled an Act in reiation to the Board of Supervisors in and for Butte County, and concerning their powers, approved April tenth, eighteen hundred and sixty-two. [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section five of said Act is hereby amended so as to read as follows: Section 5. The compensation to be paid to each member of said Board shall be eight dollars per day for each day of actual services in session, and fifty cents per mile, for going only, from his place of residence to the county seat of said county, once only for each regular and called session; provided, the compensation in per diem, of each member, shall not exceed six hundred dollars per annum; provided, however, that the Chairman of said Board, who is hereby excepted from the first proviso in this section, shall receive as compensation for his services, the sum of ten dollars per diem, for each and every day's services in regular sessions, not to exceed the sum of eight hundred dollars per annum; and the payment of all per diem and mileage provided for in this Act shall be paid out of the Salary Fund of said county, as other salaries are paid; but no warrant shall be issued in favor of any member of said Board except upon certificate of the County Clerk as to the number of days services rendered, and the number of miles travelled, for which payment is due. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCLII.-An Act to change the name of "New San Pedro," a Town in Los Angeles County. [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for the town in Los Angeles County, hitherto known as "New San Pedro," to be changed to the name of Wilmington. CHAP. CCLIII.-An Act to grant the right to construct a Turnpike [Approved April 18, 1863.] The People of the State of California, represented in Senate and SECTION 1. John Vogan and Charles Green, together with Franchise. such associates as they may admit, shall take, have, possess, and enjoy, all the rights, privileges, rights of way, franchises, and immunities hereinafter mentioned, upon condition that they and their associates shall incorporate themselves under the general law of the State regulating corporations, and providing for the incorporation of turnpike roads, and shall adopt the name of "The Pine Grove and Antelope Turnpike Road Company," and shall abide by and fulfil the further conditions hereinafter mentioned. SEC. 2. The said company shall have full power to build and Rights of maintain a public turnpike road from the town of Pine Grove, grantees. via Aqueduct City, to Antelope Springs, in the County of Amador, and have, and enjoy all the rights, and privileges, and immunities thereunto appertaining, and shall have the right of way, which is hereby granted and ceded to the said company, for the term of twenty (20) years, and the State enters into these covenants, and grants these rights and privileges, upon express condition, that within one year from the passage of this Act, the said company shall commence, and within two years complete, the said turnpike road. Rights SEC. 3. The same rights as are now extended by the laws of this State to plank and turnpike roads, in relation to the taking extended. of property for the use of plank and turnpike roads, are hereby extended to the said "Pine Grove and Antelope Turnpike Road Company." The damages to be ascertained and paid in the same manner as they are by plank or turnpike road companies. SEC. 4. The said turnpike shall be constructed of sufficient Conditions. width to admit of the passage of the largest and heaviest sized teams, and said road shall be kept, at all seasons of the year, in good condition for travel by the largest or heaviest lumber and other teams. SEC. 5. The said company, upon completion of said turn- Tolls. pike road, or five miles of said road, shall be authorized and empowered to erect toll gates, to charge and collect such rates of fare or toll as the Board of Supervisors of Amador County may annually fix; provided, that such rates of fare or toll shall not be Proviso. so low as to yield less than fifteen per cent upon the entire cost of the construction of said road, keeping the same in repair, and collecting tolls thereon. SEC. 6. The said company shall keep at each end of the road Scale of a sign board, which shall show the scale of prices, and the regu- prices. lations of the road. SEC. 7. This Act shall take effect from and after its passage. |