Supervisors to have power to license toll bridges and ferries. CHAP. CCCCXLIV.-An Act amendatory of an Act supplemental to an Act concerning Public Ferries and Toll Bridges, passed April twenty-eighth, eighteen hundred and fifty-five, and the several Acts amendatory thereof and supplemental thereto, approved April fourteenth, eighteen hundred and sixty-two. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section 1. The Board of Supervisors of each county in this State shall have power to grant a license to construct a toll bridge across any stream, not navigable, in their county, and for using and maintaining such bridge for a period not exceed ing twenty years, or to grant a license to keep, use, and maintain a public ferry across any river or stream, for a period not exceeding ten years; and said Board shall have power to prescribe the rates of toll, and change the same from year to year, as in their discretion may seem proper; but previous to the first day of January, eighteen hundred and seventy-three, they shall not fix said rates so low as to make the net income less than twenty per cent per annum upon a fair valuation of such bridge or ferry and franchise; and thereafter, not less than ten per cent per annum upon such valuation, which shall be made at the time in each year when the tolls are fixed. Said Board shall have the power to authorize and maintain fords across any stream so bridged, as near to any such toll bridge as in the discretion of said Board the public convenience may require. All the provisions of the Act to which this Act is supplemental, except that which limits to one year the time for which a license may be granted for a toll bridge, shall apply to grants made under this Act. Said valuation, in case of a disagreement as to the amount of the same, shall be determined by three Commissioners, one of whom shall be chosen by said Board of Supervisors, one by the owners of said bridge, and the third to be selected by the two thus chosen. At any time after the expiration of five years from and after the granting of any such license or franchise, the person or persons to whom the same shall have been granted shall be required to sell, transfer, and convey said. bridge, together with the appurtenances thereto belonging, to the county from whose Supervisors said license or franchise may have been obtained, upon a demand being made to that effect by said Board of Supervisors, and upon the payment or tender to said person or persons of the appraised value thereof, with ten per cent added, exclusive of the value of the franchise. On the purchase of the said bridge, it, together with the franchise, shall vest in said county. Said appraisement shall be made by five Commissioners, to be chosen in the following manner: The Board of Supervisors of said county shall appoint two Commissioners, and notify the grantees or their assigns of such appointment, who, within ten days after the receipt of such notice, shall appoint two Commissioners, and notify said Board thereof; the four Commissioners so appointed shall select a same. CHAP. CCCCXLV.-An Act to amend an Act entitled an Act to provide Revenue for the Support of the Government of this State, approved May seventeenth, eighteen hundred and sixty-one. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section thirty-nine of said Act is amended so as to read as follows: May 17,856 how col เน Section 39. The District Attorneys of the several counties of Delinquent this State are hereby authorized and directed, immediately after taxes, and the expiration of the time specified in section thirty-eight of lected. this Act, to commence actions in the name of The People of the State of California against the person so delinquent, and against the real estate and improvements assessed so delinquent, or against the owner, owners, or claimants thereof, whether known or unknown. Such action may be commenced in the county where such assessment is made, before any Court of competent jurisdiction in said county; and such jurisdiction shall be determined solely by the amount of delinquent tax sued for, without regard to the location of the land as to the township, or the residence of the person as to town, township, county, or State. SEC. 2. Section forty of said Act is amended so as to read as follows: Section 40. For the purpose of the collecting or enforcement of any tax levied or assessed against any real estate, or any improvement on real estate, in making up the complaint therefor it shall not be necessary to follow the description of the property as made in the assessment roll, and the description in the complaint shall be deemed sufficient if it can be ascertained therefrom what land and improvements, or either, is intended. The complaint in all actions against the person and against the real estate and improvements assessed, so delinquent, may be as follows: STATE OF CALIFORNIA, Title of Court. The People of the State of California, by X. Y., District Attorney of the County of- -, complain of A. B., and also the following real estate and improvements, (description of property,) and for cause of action say: That between the first Monday in March and the first Monday of, A. D. 18—, in the County of in the State of California, O. P., then and there being County Assessor of said county, (or O. P., then and there being Township Assessor in and for said county, as the case may be,) did duly assess and set down upon an assessment roll all the property, real and personal, in said county, (or in said township, as the case may be,) subject to taxation; and that said assessment roll was afterwards submitted to the Board of Equalization of said county, and was by said Board duly equalized, as provided by law; that said A. B. was then and there owner of, and that there was duly assessed to him, the above described real estate, improvements upon real estate, and certain personal property; and that upon such property there has been duly levied, for the fiscal year A. D. 18-, a State tax of · dollars, and a county tax of dollars, dollars, all of which is due dollars was duly assessed dollars against dol amounting in the whole to X. Y., District Attorney, County of Provided, that if the property be assessed to an unknown owner, then any fictitious name may be inserted to represent such owner as defendant. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CCCCXLVI.-An Act to amend an Act entitled an Act to prohibit Gaming, approved March seventh, eighteen hundred and sixty. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act entitled an Act to prohibit gaming, approved March seventh, eighteen hundred and sixty, is hereby amended so as to read as follows: Section 1. Each and every person who shall deal, play, or Penalty. carry on, open, or cause to be opened, or who shall conduct, either as owner or employé, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, or any banking game played with cards, dice, or any other device, whether the same be played for money, checks, credit, or any other representative of value, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one hundred dollars, and not more than one thousand dollars, and shall be imprisoned in the County Jail until such fine, together with the costs of prosecution, to be taxed against the defendant, shall be paid; provided, such imprisonment shall not exceed one year. All notes, bills, bonds, mortgages, or other securities or conveyances, the consideration for which shall be for money, or things of value, won by playing at any of said games, shall be void and of no effect as between the parties to the same, and as to all persons, except as to holders in good faith who received them without notice of the illegality of such contract or conveyance. Any person losing money, or anything of value, at or on any of said games, shall have a cause of action to recover from the dealer or player winning the same, or proprietor for whose benefit such game was played or dealt, or such money won, the amount of the money or the value of the thing so lost, as so much money had and received by such player, dealer, or proprietor for whose benefit said money was won, to the use of the person losing the same; provided, suit is commenced for such recovery within six months after such loss; and such cause of action shall accrue to any creditor, surety, assignee, or legal representative of such loser. It shall be the Duty of especial duty of each and every Sheriff, Chief of Police, and officers. other Police Officer, Constable, and District Attorney, to inform against and diligently prosecute any and all persons whom they shall have reasonable cause to believe are offenders against this Act; and for refusal or wilful neglect so to do upon reasonable information, he shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine not less than fifty dollars, nor more than five hundred dollars; and in case any Police Officer, who holds his office by the appointment of any Board of Commissioners or Supervisors, or by any similar appointment, is found to be guilty of such neglect or refusal, the Court before which he is tried and convicted shall declare his office vacant, and he shall not be permitted to again act as such Police Officer for the term of one year after such conviction. License. Auditer to Fign licenses Fond of Board to appoint Collector and Deputies. Acts repealed. CHAP. CCCCXLVII.-An Act to confer further Powers upon the [Approved April 27, 1863.] The People of the State of California, represented in the Senate and SECTION 1. The Board of Supervisors of the City and County of San Francisco shall have power, by regulation or order: First-To license and regulate all such callings, trades, and employments, as the public good may require to be licensed and regulated, and as are not prohibited by law. And all licenses granted in pursuance of the provisions of this Act, or the powers therein delegated, shall be signed by the Auditor of said city and county. Second-To authorize the Auditor of said city and county to deliver, from time to time, to either the Treasurer or to the License Collector, as many of such licenses as may be required, and to sign the same, and charge them to the officer receiving them, specifying in the charge the business and amounts named in the licenses and class of licenses. Third-To regulate and compel the payment to the County Treasurer, of all moneys received by any License Collector or Deputy License Collector. And to fix the amount of the bonds to be required from such License Collector or Deputy. Fourth-To appoint, instead of the present License Collectors, one person as Collector of Licenses, whose salary shall not exceed one hundred and seventy-five dollars per month, and two persons as Deputy Collectors of Licenses, whose salaries shall not exceed one hundred and twenty-five dollars per month each, the amount of each such salary to be fixed by the said Board of Supervisors; which said Collector of Licenses and Deputy Collectors of Licenses shall have and exercise the same powers as Police Officers in serving processes or summonses and in making arrests; also, shall have and exercise the power to administer such oaths and affirmations as shall be necessary in the discharge and execution of their official duties. The said Board of Supervisors shall have power to make all needful rules and bylaws regulating the official conduct or duty of said persons who shall be appointed Collector of Licenses and Deputy Collectors of Licenses, and alter or amend the same from time to time, in such manner as they may deem proper. SEC. 2. Subdivision ninth of section one of an Act entitled an Act to confer further powers upon the Board of Supervisors and Auditor and Treasurer of the City and County of San Francisco, and to authorize them to perform certain acts therein. mentioned, approved the twenty-third day of April, eighteen hundred and fifty-eight, and all Acts or parts of Acts conflicting with this Act, are hereby repealed. SEC. 3. Subdivision fourteenth of section seventy-four of an Act entitled an Act amendatory of an Act entitled an Act to repeal the several charters of the City and County of San Francisco, to establish the boundaries of the City and County of San Francisco, and to consolidate the government thereof, approved |