receive, and keep the same in his office, subject to the orders, decrees, or judgments, of said District Court. SEC. 3. All actions and proceedings now pending in said Su- Transfer of acperior Court, are hereby transferred to, and vested in, the said Dis- tions pending. trict Court of the Fourth Judicial District, and the same shall be necessary. heard and determined, continued and proceeded with, in said Dis- How disposed of trict Court, in the same manner, and with the like effect, as if such actions and proceedings had been originally commenced, or instituted in said District Court, of the Fourth Judicial District. The Clerk of said District Court, of the Fourth Judicial District, shall not file any paper in any suit or legal proceeding, or enter satis- Payment of fees faction of any judgment or decree transferred from said Superior Court by this Act, until the fees prescribed by law, due the Clerk of said Superior Court, are paid or tendered. In case said fees are paid, the Clerk of said District Court may receipt for the same, to and for the use of said Clerk of said Superior Court. And the County Clerk shall in no case be required to perform service in any suit or proceeding, until all fees due and in arrears in such suit or proceeding, are first paid or tendered. and judgments. SEC. 4. All judgments, decrees and orders of said Superior Transfer of orCourt for the possession of real or personal property, the enforce- ders, decrees ment of liens, the payment of any debt, costs, clerk's fees, or sums of money, or for any purpose whatsoever, heretofore rendered and entered in said Superior Court, which have, or have not, been enforced or executed, are hereby transferred to, and vested in, said District Court of the Fourth Judicial District. transfer. SEC. 5. Upon the transfer and removal as herein provided of such actions, suits or proceedings, the said Clerk of the said Fourth Judicial District Court, at the request of any person, shall make Certificate of out and file among the papers therein, a certificate of such transfer and removal, and shall note the same, in the Register of Actions; and thereafter, all papers filed, and all writs, process or proceedings, had therein, shall be issued from, and be entitled in, said District Court of the Fourth Judicial District, the same as though originally commenced or instituted therein. Court. SEC. 6. The said Clerk of the said District Court, of the Clerk of District Fourth Judicial District, shall issue, grant and certify, under his hand and proper seal, any writ, process, certificate, or exemplification, that may be necessary or required, after such transfer and removal; which shall have and receive fall force, effect, faith and validity; and said Clerk of said District Court shall have and possess the same powers in all respects in relation thereto, as were heretofore had and possessed by the said Clerk of said Superior Court. SEC. 7. Judgments, decrees and orders, mentioned in Section Judgments, &c. four of this Act, shall bind and be a lien upon lands and tenements, real estate, and chattels real, in the same manner, for the same time, and with like effect, as they now are in said Superior Court, and said District Court may revive any judgment, decree or order of said Superior Court. Executions to collect, or enforce Execution issue the same, may issue out of the District Court within the time, and with like effect, as they may now be issued out of said Superior Court. All writs and other process, issued out of said Superior Court, now in the hands of the Sheriff of the City and County of Writs returned. San Francisco, shall be executed and returned by said officer, to the District Court of the Fourth Judicial District, in the same manner and with the like effect, as process issuing out of said District Court. Validity of bonds, &c. Transfer from SEC. 8. All bonds, undertakings, instruments, orders, decrees, judgments, records, and all other matters and things, each and every of them, by this Act transferred from said Superior Court, to the said District Court of the Fourth Judicial District, shall continue to have all the force, effect and validity, which they had in said Superior Court, or would have had therein had the same not been abolished, and all such proceedings may be had in relation thereto in said District Court or elsewhere, which might have been had in said Superior Court or elsewhere, if the last named Court had remained, as at the passage of this Act. SEC. 9. Any action or proceeding by this Act transferred from District Court. said Superior Court to said Fourth District Court, may be transferred from said Fourth District Court, to another District Court, for the same reasons, and in like manner, and with the same effect, as if originally commenced in said District Court of the Fourth Judicial District; and such transfer may also be made upon the written request of all the parties to such action or proceeding, or of their Attorneys therein, without any special cause, or reason, except the wish of the parties being assigned therefor. At request of parties. Powers of ent Judge. pres Trial by jury. Orders of Su mitted to Dist. Court. SEC. 10. The present Judge of said Superior Court shall have full power and authority to settle or allow any statement, that may be necessary, on a motion for a new trial, or appeal in any action or proceeding pending therein, at the time this Act shall take effect; and in case of his refusal so to do, said action or proceeding shall be tried de novo in said District Court of the Fourth Judicial District. But nothing herein shall be construed to prohibit a trial by jury in any case where the same might otherwise be lawfully had. SEC. 11. The judgment, decree, or order of the Supreme Court preme Court re- of the State of California, upon appeals from said Superior Court, now pending, and all things concerning the same, shall be remitted to the said Distric Court of the Fourth Judicial District, and thereupon such further proceedings shall be had in said last named Court, as may be necessary to carry such judgment or order of the said Supreme Court into effect. Appeals to Supreme Court. SEC. 12. Appeals from any judgment, order, or decree made by said Superior Court, may be brought to said Supreme Court of How disposed of the State of California, in the same manner, and within the time, and on the same terms, and with like effect as is now allowed from orders, judgments or decrees of said District Court. Repeal of Acts. Acts in conflict. SEC. 13. The Fourth Chapter of the Act entitled "An Act concerning the Courts of Justice of this State, and Judicial Offi. cers," approved May 19th, 1853, (comprising Sections twenty-nine to thirty-nine, both inclusive,) and entitled "the Superior Court of the City of San Francisco," and also the Act entitled "An Act to authorize the Transfer of Causes from the Superior Court of the City of San Francisco," passed March 10th, 1853, are hereby repealed. SEC. 14. All Acts or parts of Acts, in conflict with provisions of this Act, are hereby repealed. any of the SEC. 15. This Act is to take effect on and after the first day of Take effect. May, A. D. 1857. To amend "An Act concerning Marks and Brands," passed May first, eighteen hundred and fifty-one. [Approved March 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. Section three of said Act is hereby amended so as to read as follows: brands to be re Section three. No mark, brand or counter-brand, shall be con- Marks and sidered as lawful if not recorded as specified in this Act. SEC. 2. Section nine of said Act is hereby repealed. corded. CHAPTER CXIX. AN ACT To authorize the Supervisors of Fresno County to levy and cause to be collected, a Special Tax for the purpose of liquidating the outstanding and accruing Indebtedness of said County. [Approved March 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. The Supervisors of Fresno County are hereby empowered to levy and cause to be collected, in the manner and at the same time as other State and county taxes, and in addition thereto the following annual tax, to wit: A sum not to exceed Amount of tax. thirty cents on each one hundred dollars of taxable property in said county. How applied. Proviso. SEC. 2. The said tax, when collected, shall be applied to the payment of the outstanding and accruing indebtedness of said county, in the same manner as other county taxes. Provided, That no portion of said tax shall be applied to the liquidation of the debt due from Fresno County to Mariposa, Merced and Tulare Counties. Sacramento Co., boundaries of CHAPTER CXX. AN ACT To amend an Act entitled An Act dividing the State into Counties, and establishing the Seats of Justice therein, passed April twentyfifth, eighteen hundred and fifty-one. [Approved March 30, 1857.] The People of the State of California, represented in Senate and SECTION 1. Section eleven of said Act is hereby amended so as to read as follows: Section eleven. County of Sacramento: Beginning at a point ten miles due north of the mouth of the American River, and running thence in an easterly direction to the junction of the North and South Forks of said river; thence up the middle of the principal channel of the South Fork, to a point one mile above the head of Mormon Island, so as to include said island in Sacramento County; thence in a southerly direction, to a point on the Cosumnes River eight miles above the house of William Daylor; thence due south to Dry Creek; thence down the middle of said creek, to its entrance into the Mokelumne River, or, into a large slough in the tule marsh; thence down the middle of said slough, to its junction with the San Joaquin River; thence down the middle of said river, to the mouth of the Sacramento River at the head of Suisun Bay; thence up the middle of the Sacramento, to the mouth of Merritt's Slough; thence up the middle of said slough to its head; thence up the middle of the Sacramento River to a point due west of the place of beginning; and thence east to the place of beginning. The seat of justice shall be at Sacramento City. The People of the State of California, represented in Senate and ARTICLE I. SECTION 1. The district of country in the County of San Joaquin, which is contained within the boundaries hereinafter described, shall be a City, by the name of Stockton, and the inhabitants therein, shall be a body corporate, under the style and name Body corporate. of "The City of Stockton," and by that name they and their successors, shall be known in law, have perpetual succession, may sue, and be sued, complain and defend, in all courts, and in all actions Powers. and proceedings; acquire by purchase, or otherwise, property, real and personal, receive and hold the same, for the benefit of the body corporate, and may lease, rent, sell and dispose of the same, for the benefit of the said body corporate. Provided, That the Proviso. said body corporate, shall not purchase any real estate, other than such lands, or lots within the said city, as shall be necessary, for the erection thereon, of public buildings, or for the laying out of streets or alleys, or public grounds, or as may be required for burial purposes. The said body corporate, may have a common Further powers. seal, and alter the same at pleasure; may make by-laws not repugnant to the constitution and laws of this State; and may exercise such other powers, as are hereinafter conferred upon said body corporate, its officers, or its Common Council. SEC. 2. The boundaries of the City of Stockton, shall be as Boundaries. follows: On the north by Flora street, on the east by Aurora street, on the south by Twiggs' street, and on the west by Bragg and Tule streets. The said city may be divided into Wards, at the discretion of the City Council, and apportion the Aldermen among the same. ARTICLE II. SECTION 1. The officers of the City of Stockton, shall consist of City officers. one Mayor, ten Aldermen, one Marshal, one Assessor, and one Clerk. SEC. 2. The Mayor, Aldermen, Marshal, and Assessor, shall be elected by the qualified electors of the city. They shall be elected for one year, and until their successors are elected and qualified. SEC. 3. No person shall be eligible to any office under this Persons eligible. charter, who is not a qualified elector of said city. SEC. 4. The election for Mayor, Aldermen, Marshal, and sessor, shall be held on the first Monday in May of each year. As- Election, when The held. |