and the first day of April, by an order to be entered on their journal, apportion among the several districts in said city and county, the number of persons who shall be returned from each district for Grand Jurors and Trial Jurors, as in this Act provided. The whole number to be returned for the said city and county for Grand Number of Jurors shall be not less than four hundred, nor more than five hun- Grand Jurors. dred; and for Trial Jurors, not less than twelve hundred, nor more of Trial Jurors. than fifteen hundred, to be apportioned among the several districts aforesaid, as nearly as may be convenient, in proportion to the num ber of qualified voters residing in each district. SEC. 2. The Supervisors of each district in said city and county, Persons to serve or if there be a vacancy in the office of Supervisor, then the School as Grand Jurors. Director of such district, shall annually, during the first week in April, make out from the names of persons resident in his district, found upon the assessment roll of that year, a list of persons and their places of residence, qualified to serve as Grand Jurors, and not exempt by law, equal to the number apportioned to such district for Grand Jurors by the Board of Supervisors, as aforesaid, and another distinct list of persons, also residents in his district, and taken from the assessment list, with their places of residence, qualified to serve as Trial Jurors, and not exempt by law as afore- As Trial Jurors. said, equal to the number so apportioned to such district for Trial Jurors, and shall return said list, signed and certified by him, to the Board of Supervisors, who shall immediately take action thereon, and may alter said lists by striking any names therefrom and inserting in the place thereof, the names of any persons residing in the proper district, liable to serve as Jurors, and may also add names of persons so liable to complete the lists, whenever the full number of names shall not be returned from any district. From the several district lists, by them revised and completed as above General lists. provided, the said Board shall make a general list on which there shall not be less than four hundred names, from which all Grand Jurors shall be drawn, and another general list on which there shall not be less than twelve hundred names, from which Trial Jurors shall be drawn, as provided for in this Act; and the said general lists, certified by the President and Clerk of said Board, shall be Lists certified. recorded on the journal of said Board, and returned to the County Clerk. Immediately thereafter the County Clerk shall write upon Clerk. a separate paper or ballot, each name contained on the two lists so Duty of County returned to him, and shall, in the presence of the President of the Board of Supervisors, compare the ballots so made out with the original lists returned as aforesaid, and deposit in a box, to be prepared for that purpose, all the ballots containing the names returned for Grand Jurors; and in a separate box, to be likewise prepared for that purpose, all the ballots containing the names so returned for Trial Jurors. The ballots, before being deposited in Manner of the boxes, shall be closely folded, so as to conceal the names written drawing Juries. upon them. From the box containing the names returned for Grand Jurors, all Grand Juries shall be drawn by lot; and from the box containing the names returned for Trial Jurors, all Trial Juries shall be drawn by lot. drawn. SEC. 3. Upon renewing the said lists annually, all the ballots Ballots not not drawn out during the year, containing the names of persons still residing in the county, qualified to serve on juries, and not Boxes and keys. Felony and punishment. Juries. Manner of proceeding. Sheriff to summon. Name of person disqualified. Jury in attend ance. Trial Juries. exempt by law, shall be retained on the lists of the several districts where they belong, and the Supervisor of each district in making out his list, shall add so many names thereunto as shall be requisite to complete and keep good the number of names apportioned for his district, as prescribed in the preceding section, but shall not return the names of persons who shall have actually served as Jurors during the year next preceding. SEC. 4. The boxes shall be furnished with safe locks and keys, which, together with said boxes, shall remain in the custody and safe keeping of the County Clerk; and if any person shall unlock or open either of said boxes, or deposit any names or ballots therein, or extract any ballots therefrom, when not authorized by order of court, he shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the State's Prison, for a period not less than one year, nor more than five years. SEC. 5. Whenever a Grand Jury, or a Trial Jury, is authorized by law to be drawn and summoned, for any of the courts of said city and county, except the Police Court, Justices' Courts, and Coroners' Juries, the County Clerk, upon receipt of the order therefor from the proper court, shall request the attendance at his office, of the Sheriff, and shall then, in the presence of said Sheriff, and at least two witnesses, to be named by the Judge of said court, proceed to draw by lot the requisite number of names for Grand Jurors, or Trial Jurors, as the case may be; (the number so to be drawn for Trial Jurors, to be fixed by an order of the proper court, and to be not less than twenty-four, nor more than forty-eight;) and shall deliver a list of the persons so drawn, with their residences, certified by him to the Sheriff, who shall summon the jurors so drawn, in the manner now provided by law. The County Clerk shall also return to the proper court, a list of names of the jurors drawn, with their residences, and file a copy thereof in his office. SEC. 6. If at the time of drawing any ballot from the box, it shall be ascertained by the officers aforesaid, that the person whose name appears on it, is from any cause disqualified, such ballot, unless in case of temporary disqualification, shall be destroyed, and another drawn in place of it, until the requisite number be com. pleted. SEC. 7. If, of the persons summoned as Grand Jurors, for any term of a court, less than seventeen attend, or by challenge or otherwise, the number in attendance shall be reduced to less than seventeen, the number requisite to complete the Grand Jury, shall be drawn from the proper box, and summoned in the same mode as the original number. SEC. 8. Whenever from any cause, during any term of a court, a Trial Jury shall be required, and ordered by the court to be summoned, or the requisite number to complete such Trial Jury, where one has been drawn and summoned, shall not be in attendance, such Trial Jury, or the requisite number to complete such Trial Jury, shall be drawn from the proper box, and summoned in the manner provided by law, except in such civil cases wherein the parties or their attorneys may consent that the Sheriff shall summon a jury, or the requisite number to complete a jury, in such case, from the body of the county, and not from the bystanders, to be specified in such consent, which shall be entered of record. lified. SEC. 9. All ballots drawn from the boxes containing the names Persons disquaof persons who may be, at the time of such drawing, temporarily disqualified, or excused by the Judge from serving as jurors, from sickness, challenge, or other causes, shall be replaced in the boxes. All other ballots drawn from the boxes shall be destroyed after the list of persons drawn have been made out, as herein before provided, and if, at any time during the year, the number of names returned for Grand Jurors remaining in the box, shall be reduced to less than one hundred, and those returned for Trial Jurors, to less than three hundred, it shall be the duty of the County Clerk, to certify Duty of Clerk. such fact to the County Judge, who shall, by order directed to the Board of Supervisors, require additional names to be returned, and the original list to be completed, in the mode prescribed in the third section of this Act. SEC. 10. All provisions of law conflicting with the provisions Repeal. of this Act, so far as they relate to the city and county of San Francisco, are hereby repealed. CHAPTER CXLVII. AN ACT To amend and supplemental to an Act to authorize the formation of Corporations for the construction of Plank and Turnpike Roads, passed May 12th, 1853. [Approved April 2, 1857.] The People of the State of California, represented in Senate and SECTION 1. Sections one hundred and fifty and one hundred and fifty-one of "An Act to authorize the formation of Corporations for the construction of Plank or Turnpike Roads," passed May 12th, 1853, are hereby amended so as to read as follows: Section one hundred and fifty. Such association is authorized to Telegraph lines. construct lines of Telegraph along and upon any road or highway, or across any of the waters or any lands within the limits of this State, by the appropriation of any trees growing by nature, or by the erection of the necessary fixtures, including posts, piers, or abutments, for sustaining the wires of said lines. Provided, The Proviso. same shall not be so constructed as to incommode the public use of said road or highway, or injuriously interrupt the navigation of said waters; nor shall this chapter be so construed as to authorize the construction of any bridge across any of the navigable waters of this State. Section one hundred and fifty-one. If any person over whose Persons damaged. to appraise. lands said lines shall pass, upon which posts, piers or abutments shall be placed, or standing trees appropriated, shall consider himself aggrieved or damaged thereby, it shall be the duty of the County Court of the county within which such lands are, on the application of such person, and on notice of such application being Commissioners served on the President or any director of such association, to appoint three discreet and disinterested persons as Commissioners, who shall severally take an oath before any person authorized to administer oaths, faithfully and impartially to perform the duties required of them by this Chapter; and it shall be the duty of said Commissioners, or a majority of them, to make a just and equitable appraisal of all the loss or damage sustained by said applicant by reason of said lines, posts, piers, or abutments, or appropriation of standing trees, duplicates of which said appraisement shall be reduced to writing and signed by said Commissioners, or a majority of them; one copy shall be delivered to the applicant, and the other to the President or any director or officer of said association or corporation, on demand; and in case any damage shall be adjudged to said applicant, the association or corporation shall pay the amount thereof, with the costs of said appraisal, said costs to be set forth and liquidated with the damage appraised, and said Commissioners shall receive for their services such compensation as the County Judge may award, to be paid in like manner as the costs and damages appraised. But in no case shall the person feeling himself injured or aggrieved, be entitled to any damage when application is not made to the County Court within three months after the erection of said Telegraph lines across the lands of such person. Corporation to pay damages and costs. Fees of Persons subject to fine, &c. SEC. 2. Any person or persons, who shall wilfully or maliciously break, injure, or destroy a subaqueous Telegraph cable, crossing any of the waters of this State, shall, upon conviction thereof be fined in any sum not less than five hundred, nor more than ten thousand dollars, to which may be added imprisonment in the State Prison, for any term not less than one year, nor more than five at the discretion of the court. Such persons so offending, or any person who shall break, injure, or destroy, through neglect or want of proper care, said subaqueous cable, shall also be held liable for full damages arising from the injury or destruction of the same; and any ship, steamer, or other vessel which, by dragging its anMasters of ves- chor or otherwise, shall, in any manner damage or destroy said subaqueous cable, upon proof that proper care and discretion were not used by the master of said vessel, or person commanding or having charge of such vessel, at the time the said injury or destruction took place, shall be held responsible for all damages, and the person commanding or having the said vessel in charge, at the time said injuries to said cable were sustained, shall be subject to the fine and imprisonment hereinbefore provided. sels when liable. Conditions to be observed. SEC. 3. Before any association formed for Telegraph purposes shall be entitled to the benefits of section second of this Act, they shall cause to be erected at the commencement and termination of said subaqueous cable, on the shores of the water such cable underlies, suitable monuments, one on each shore, indicating the place of said cable, and shall also cause to be published, in a public newspaper having a fair circulation, on and about the waters crossed by said cable, a public notice setting forth a description of said monuments, together with the termination and course of said cable. Such notice shall be published at least one month, and it is herein provided, that no association for Telegraph purposes shall be entitled to the benefits of section second of this Act, unless said subaqueous cable be not less than two miles from the center of shipping, in the port of San Francisco. CHAPTER CXLVIII. AN ACT In relation to Suits brought on Bonds and Obligations in favor of the State. [Approved April 2, 1857.] The People of the State of California, represented in Senate and SECTION 1. When an action is commenced in any Court in this Actions for the State for the benefit of the same, to enforce the penalty of, or to benefit of State. recover money upon an official bond or obligation, or any bond or obligation executed in favor of the State of California, or of the people of this State, the Attorney or other person prosecuting the action, may file with the Court in which the action is commenced, an affidavit stating either positively, or on information and belief, that such bond or obligation was executed by the defendant, or one or more of the defendants, (designating by whom,) and made pay- Mode of proceedable to the people of the State, or to the State of California, and ure. that the defendant or defendants have real estate, or interest in lands, designating the county or counties in which the same is situated, and that the action is prosecuted for the benefit of the State, and thereupon, the Clerk receiving such affidavit shall certify to the Recorder of the county or counties in which such real estate is situated, the names of the parties to the action, the name of the Court in which the action is pending, and the amount claimed in the complaint, with the date of the commencement of the suit. SEC. 2. Upon receiving such certificate, the County Recorder Certificate. shall indorse upon it the time of its reception, and such certificate shall be filed and recorded in the same manner as notices of the pendency of an action affecting real estate, and any judgment recovered in an action specified in the first section of this Act shall be a lien upon all real estate situated in any county in which such certificate is so filed belonging to the defendant, or to one or more of such defendants, and shall bind such real estate for the amount that the owner thereof is or may be liable, upon the judgment, from the |