demanded, for whom such process or order was granted, before the officer shall be compelled to make publication thereof.

ized in certain offices.

SEC. 24. If any Clerk, Sheriff, Justice of the Peace, or Consta- Fees due and ble, shall not have received any fees which may be due him for ser- unpaid. vices rendered in any suit or proceeding, he may have execution therefor, in his own name, against the party from whom they are due, to be issued from the Court in which the action is pending. SEC. 25. The Secretary of State, Treasurer, Controller, Attor- Searches authorney General, and District Attorneys, shall be authorized to require searchers in the respective offices of each other, and in the office of the Clerk of the Supreme Court of the several District Courts, of the County Courts, Courts of Sessions or Recorders, for any papers, records or documents, necessary to the discharge of the duties of their respective offices, and to require copies thereof and extracts therefrom, without the payment of any fee or charge whatever.

SEC. 26. The term folio, when used as a measure for computing Term folio, how fees or compensation, shall be construed to mean one hundred used. words, counting every figure necessarily used, as a word. Any portion of a folio, when in the whole draft or paper there should not be a complete folio, and when there should be an excess over the last folio exceeding a quarter, it shall be computed as a folio. The filing of a paper shall be construed to include the certificate of the same.

SEC. 27. When any Sheriff, Constable, or Coroner, serves more Mileage. than one process in the same cause, not requiring more than one journey from his office, he shall receive mileage only for the most

distant service.

to Attorney as

accrued.

SEC. 28. No Attorney or Counsellor at Law, in any case, shall Fees not allowed be allowed any fees for attending as a witness in such cause. witness SEC. 29. Every officer upon receiving any fees for official officers to state duty or services, may be required by the person paying the same, for what fees to make out in writing, and deliver to such person, a particular account of such fees, specifying for what they respectively accrued, Liability for and shall receipt for the same; and if he refuse or neglect to do so, neglect. when required, or shall receive illegal fees, he shall be liable to the party paying, for three times the amount so paid.

SEC. 30. No fees shall be charged by any officer for adminis- No fees for oath tering and certifying the oath of office.

SEC. 31. Officers whose fees are set forth in this Act, shall not be entitled to charge or receive any fees not herein enumerated, unless specially provided for by law.

of office.

State.

SEC. 32. The Attorney-General, or any District Attorney, is Witnesses for authorized to cause subpoenas to be issued, and compel the attendance of witnesses on behalf of the State, without paying or tendering fees in advance, to any officers or witnesses; and any witness failing or neglecting to attend, after being served with a subpoena, may be proceeded against, and shall be liable in the same manner as provided by law in other cases, where fees have been tendered or paid.

witnesses.

SEC. 33. The Clerk of any Court, at which any witness shall Certificates have attended on behalf of the State, in a civil action, shall give given to to such witness a certificate, under seal, of travel and attendance, which shall entitle him to receive the same from the State Treasury on the Controller's warrant.

290

No other fees allowed.

Officers to keep "Fee Books."

SEC. 34. No other fee shall be charged than those specially set forth herein; nor shall any fees be charged for any other services than those mentioned in this Act, except as hereinafter provided.

SEC. 35. It shall be the duty of each and every of said officers herein before mentioned, to keep, severally, a book to be called a "fee book," in their respective offices, open to the inspection of any one desiring to inspect the same, in which book shall be stated the fees charged, and the services for, and the title of the case in which they are charged; and it shall be the duty of the District Duty of District Attorney to inspect said books, at least once in every three months; and the foreman of each and every Grand Jury, shall also have the same before him, and shall examine the same.

Attorney.

Provisions

extended.

Acts repealed.

Chairman of
Supervisors.

Per diem of members.

Act to be published.

Take effect.

SEC. 36. The provisions of Sections thirty-two and thirty-three of this Act shall extend to all actions and proceedings brought in the name of the Attorney General, or any other person or persons, for the benefit of the State.

SEC. 37. An Act entitled "An Act to regulate Fees in Office," approved April 10th, 1855, (excepting and reserving Section seventy-three of that Act,) and an Act supplementary thereto, approved April 30th, 1855; and an Act entitled "An Act to amend an Act to regulate Fees in Office," approved April 30, 1855; and an Act entitled "An Act amendatory of an Act entitled an Act to regulate Fees in Office," approved April 1st, 1856; and an Act entitled "An Act to amend an Act to regulate Fees in Office," approved April 5th, 1856; and all other Acts or parts of Acts, inconsistent or in conflict with the provisions of this Act, are hereby repealed, so far as the same apply to Yuba County.

SEC. 38. The Chairman of the Board of Supervisors of Yuba County shall receive, for his services, a salary of eight hundred and each member of said Board shall receive, dollars per annum ; for his services, eight dollars for each day he may be employed about the duties of his office. Provided, They shall not receive more than four hundred dollars per annum each. And the said Chairman and other members of said Board shall receive no other compensation or pay for any service done by them, as such Supervisors and Chairman. All laws and parts of laws in conflict with this section, are hereby repealed, so far as the County of Yuba is concerned.

SEC. 39. The Board of Supervisors of Yuba County shall cause this Act to be published in a newspaper published in said county, for the term of sixty days, as often, at least, as once a week, which publication shall be a county charge. This Act shall not be published at the expense of the State.

SEC. 40. This Act shall take effect on the first day of January, A D. 1858, except Section thirty-eight, which shall take effect immediately.

CHAPTER CCXL.

AN ACT

Fixing the time of holding the County Court in the County of
Placer.

[Approved April 28, 1857.] .

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The County Court of the county of Placer shall County Court. hold a term on the second Mondays of February, May, August and November, of each year, which shall continue until all the business of the Court shall be disposed of.

SEC. 2. All Acts and parts of Acts in conflict with the provis- Repeal. ions of this Act, are hereby repealed, so far as they relate to the county of Placer.

CHAPTER CCXLI.

AN ACT

To provide for the Construction of a Wagon Road from Oroville, Butte County, to and intersecting at the most practical point the line of the proposed National Wagon Road that has its terminus at or near Honey Lake, Plumas County.

[Approved April 28, 1857.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

Names of

SECTION 1. Wm. L. Urton and Jacob S. Morris, of Butte
County, and Wm. Buckholder and R. C. Chambers, of Plumas Commissioners
County, are hereby constituted and appointed a Board of Wagon
Road Commissioners. It shall be the duty of said Board of Com-

missioners to cause to be located, improved, or constructed, a Duty.
Wagon Road, from Oroville, Butte County, passing thence near
Mendinhall Ranch to the southeast side of Middle Feather River,
via Bidwell, thence from the north side of said river, to and inter-
secting at the most practicable point, the line of the proposed Na-
tional Wagon Road that has its terminus at or near Honey Lake,
Plumas County, in accordance with the provisions of this Act.

Appropriation for road.

Three Commissioners to act.

Prepare plans.

Contracts, how let out.

SEC. 2. The said Commissioners are hereby authorized to expend an amount of money not exceeding forty thousand dollars, for the survey, location and improvement of said road.

SEC. 3. Any three of said Commissioners appointed under the provisions of this Act, are hereby authorized to make contracts and to do all acts and things herein contemplated and necessary to be done, and the same shall be as effectual and valid as if made by all such Commissioners.

SEC. 4. Said Commissioners shall have prepared plans and specifications of the character, grade and dimensions of said road, and when they shall have been fully prepared and settled, they shall advertise, for at least ten days, in a newspaper in each of said counties, for sealed proposals for the performance of the work to be done in improving and constructing said road. Said contract or contracts shall be let out in sections of one mile to ten or more in length. Said bids shall specify the rates at which the work will be done, payable in bonds issued under this Act at par value, and also at what rates payable in cash. The Commissioners shall, after To whom given. opening the proposals that may be received, let the work by contract to the lowest and most responsible bidder or bidders. Provided, That if none of the bids offered shall be satisfactory to the Commissioners, then the Commissioners may advertise again for sealed proposals. And provided further, That the accepted bidder or bidders shall give bonds in double the amount of their contract, with two or more sureties, to be approved by the Commissioners, and conditioned for the faithful performance of such contract; and in case of a failure on the part of the accepted bidder to give satisfactory security, then the Commissioners may, in their discretion, accept the next lowest bid.

Account of expenses, report.

Fund, how applied. Surplus, how disposed of.

Butte Co. bonds.

Plumas Co. bonds.

SEC. 5. Said commissioners are hereby required to keep a minute account of all expenses that may be made on the survey, location, and improvement of said road in each county, and to report the same to the Board of Supervisors of each county at such times as they may require; and they are further authorized and required to cause said road to be located, improved and constructed, as far as practicable, by the first day of December of the present year; and the location of said road, the letting of the contracts, and the construction of the road, shall be done by sections consecutively numbered, commencing at Oroville, running thence on the line of the proposed route to its terminus; and the contracts shall be let and the work commenced as soon as practicable. The fund raised by each county shall be applied to the location and construction of the road as made within its respective limits. If, however, there should be a surplus after the completion of the road as located in any one of said counties, the same shall be applied to the completion of the road in the other county, should said Commissioners deem the same necessary.

SEC. 6. For the purpose of paying the contractors for the work aforesaid, it is hereby made the duty of the Board of Supervisors of Butte county, and they are hereby required to cause to be issued bonds to the amount of twenty thousand dollars; also the Board of Supervisors of Plumas county are authorized and required to issue bonds to the amount of twenty thousand dollars, in the following order: In denominations of one, three and five hundred dollars,

and in denominations of one thousand and five thousand dollars, in
all not to exceed the foregoing respective apportionments of forty
thousand dollars; the same shall draw ten per cent. interest per
annum. Said bonds shall be consecutively numbered as issued;
one-half of said sum shall be made payable in two years from the When payable.
date of their issuance, aud the other one-half on or before the ex-
piration of four years. They shall be made payable to the person
to whom first issued or his order; they shall be made payable at
the office of the County Treasurer of each of the aforesaid counties,
or in the city of New York, at the option of the holders, in the
order in which they are numbered. The interest shall be made Interest.
payable semi-annually; coupons for the interest shall be attached
to each bond, so that they may, as paid, be removed without injury
or mutilation to the bond. The coupons shall be consecutively Coupons.
numbered, signed and attested as the bonds are. The County
Treasurer shall advertise in some newspaper published in his county, Treasurer to
or New York city, as the case may be, where said bonds and interest advertise.
are payable, at least thirty days immediately preceding the day on
which the same shall be due, stating at what office or banking house
the said bonds or interest, as the case may be, shall be paid. After
the payment of the interest, should there be a surplus of funds
amounting to two thousand dollars or more, the same shall be ap-
plied to the payment of the bonds, as they are consecutively num-
bered. A notice of said payment shall be given when they are paid
at maturity.

SEC. 7. The bonds shall be signed by the County Auditor and Bonds, how
countersigned by the County Treasurer, and their signatures signed.
attested as genuine by the County Clerk, with the seal of the Coun-
ty Court affixed.

ized.

SEC. 8. For the payment of said bonds and interest, the Board Taxes authorof Supervisors of each county are authorized and empowered to levy a yearly special tax of one-third of one per cent. on every one hundred dollars of assessable property, and a capitation tax of fifty cents on all persons that are liable to pay a poll tax, and the same shall be assessed and collected at the same time and in the same manner as the property and poll taxes in said counties are assessed and colleeted. To this fund the Treasurer of each county shall place the surplus revenue of his county, if any, which fund shall be denominated the "Special Road Fund," and the bonds shall be drawn payable out of that fund.

SEC. 9. The County Treasurer of each county shall set apart Interest set out of said fund a sufficient sum to pay the interest as it may fall apart. due; and if there should be a deficiency in said fund he shall pay the deficiency out of the General County Fund, and replace the amount from the Special Fund when collected.

SEC. 10. In payment of any contract, demand or liability, Payments. created in constructing or improving said road, the same shall be certified by the Commissioners to the Board of Supervisors of said counties, who shall thereupon cause to be issued bonds in proportion to the amount of the liability of each county under this Act, which bonds, or the proceeds thereof, shall be applied to the Bonds to meet payment of said contract or contracts according to their terms; and to this end the Board of Supervisors of each county are authorized to have said bonds cashed to meet the payment of any