Lawful fences. Repeal. CHAPTER LV. AN ACT Concerning Lawful Fences in the County of Contra Costa. [Approved March 4, 1857.] The People of the State of California, represented in Senate and SECTION 1. Every fence shall be deemed a lawful fence, which is constructed of stone, rails, poles, lumber, or other wooden material, or of iron, or wire, and built five feet high from the ground; and every fence shall be deemed lawful, which is constructed on the embankment of a ditch, which ditch is four feet wide at the top, three feet deep, and eighteen inches wide at the bottom,-the fence on said embankment to be two and one-half feet high, and composed of posts firmly set therein, with at least two lateral poles, rails, plank, or boards, or other sufficient material, well fastened on, or composed of piqueting, or otherwise, of the required height; all the material for all such fencing to be substantial, and built strong and reasonably close, for the purpose of turning swine, sheep and goats. SEC. 2. Nothing in this Act shall be construed so as to apply to any county in this State, except Contra Costa County. SEC. 3. All Acts and parts of Acts conflicting with the provisions of this Act, are hereby repealed, so far as relates to the County of Contra Costa. Act extended. CHAPTER LVI. AN ACT To extend "An Act concerning Hogs found Running at large in the Counties of Marin, Sacramento, San Francisco, Alameda, Stanislaus, Yuba and Santa Clara," approved April 21st, 1856. [Approved March 4, 1857.] The People of the State of California, represented in Senate and SECTION 1. The Act concerning hogs running at large in the lans, Yuba and Santa Clara, approved April 21st, 1856, is hereby Made applicable extended to, and made applicable to, the Counties of Yolo, San Mateo, Santa Cruz, San Joaquin, San Bernardino, Sutter, Santa Barbara, San Luis Obispo, Los Angeles and Tuolumne. CHAPTER LVII. AN ACT To amend "An Act to incorporate the City of Monterey," approved [Approved March 4, 1857.] The People of the State of California, represented in Senate and SECTION 1. Section seventh of said Act, to incorporate the Section seventh. Whenever the Trustees deem it proper to sue Trustees. for the recovery of property of the city, or to prevent waste thereon, or to defend actions, they may make contracts and agreements for that purpose, with attorneys and other persons, and the Trustees may contract and agree with any person or persons claiming title to property also claimed by the city, for a compromise and settlement of conflicting claims, and may make and receive all contracts, transfers, and conveyances for that purpose. The Trustees may also pay for the expenses of prosecuting the title of the city, Powers. before the United States Land Commissioners, and before the United States Courts, and for that purpose, may sell and transfer any property, right or franchise, upon such terms and for such price as may by them be deemed reasonable. SEC. 2. lows: Another section is added to said Act, to read as fol- Section added. Section fourteenth. The Trustees within said city shall have Trustees have power to prevent nuisances, to regulate the slaughtering of cattle, power. and to levy and collect license taxes, for the purpose of repairing and opening streets; such license not to exceed one dollar per month for any one person, for one kind of business; and also to regulate and restrict the running at large of hogs. SEC. 3. Another section is added to said Act, to read as follows: Section fifteenth. The authorities of said city shall not contract Authorities not any debt by borrowing money, loaning credit, or otherwise, which to contract debt. of itself or in the aggregate, with any previous outstanding debt or debts, shall exceed the sum of five thousand dollars. President and Powers. Proviso. Obstructions. Markets. Fines. Taxes. Police. Vacancies. Election. CHAPTER LVIII: AN ACT To amend an Act entitled "An Act to incorporate Crescent City," passed April 13th, 1854. [Approved March 4, 1857.] The People of the State of California, represented in Senate and SECTION 1. Section third of Article third of "An Act to incorporate Crescent City," is hereby amended so as to read as follows: Section third. The President and Council shall have powerFirst, To make by-laws and ordinances not in conflict with the Constitution and laws of the United States, or this State; to prevent and remove nuisances, and provide for licensing and regulating theatrical and other amusements in the city; to provide for licensing of any business not prohibited by law, and to apportion such licenses according to the capital invested. Second, To open, construct, grade and repair streets, alleys and sidewalks, at the expense of persons owning property on such streets or alleys. Provided, That the owners of two-thirds of such property shall petition the Council to have such streets, alleys or sidewalks opened, constructed, graded or repaired. Third, To have obstructions removed from streets or sidewalks, at the expense of property holders. Fourth, To establish markets, improve and appropriate the commons belonging to the city for the use and benefit of the inhabitants. Fifth, To impose and appropriate fines, penalties and forfeitures for breaches of ordinances. Provided, That no fine be imposed of over five hundred dollars, and no offender imprisoned over three months. Sixth, To levy and collect taxes. Provided, such taxes shall not exceed one-half of one per cent. per annum, of the assessed value, except for opening, constructing, grading and repairing streets, alleys and sidewalks, as herein otherwise provided; to establish a police, and pass such other by-laws and ordinances, as they may deem necessary. Seventh, To fill, by appointment, any vacancy that may occur by death, resignation or otherwise, of any of said Councilmen. Provided, That in case a majority of the Councilmen elected in accordance with the provisions of this Act, shonld resign, or their office become vacant in any way whatever. Then the County Judge shall order an election to fill such vacancies. CHAPTER LIX. AN ACT To change the Name of Edward C. Higginbottom, to Edward [Approved March 4, 1857. | The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for the person hitherto named Name changed. and called Edward C. Higginbottom, to change his name to that of Edward Compton Howard. ཁལ། • To reduce the Salary of the County Judge of El Dorado County. [Approved March 4, 1857.] The People of the State of California, represented in Senate and SECTION 1. The salary of the County Judge of El Dorado Salary County, shall be three thousand dollars per annum. SEC. 2. Nothing in this Act shall be so construed as to affect the salary of the present incumbent. SEC. 3. All Acts and parts of Acts, in any way inconsistent Repeal. with the provisions of this Act, are hereby repealed, so far as the same may be applicable to El Dorado County. CHAPTER LXI. AN ACT In addition to, and explanatory of, "An Act for Securing Liens to [Approved March 4, 1857.] The People of the State of California, represented in Senate and SECTION 1. Every lien filed and recorded, under and in accordance with the provisions of the Act entitled "An Act for securing Liens to Mechanics, and others," approved April 19th, 1856, shall have preference, as in the said Act specified and provided, over every lien created by mortgage, or other conveyance or incumbrance whatsoever, which shall not have been duly recorded in the office of the County Recorder of the county wherein the premises are situated prior to the time when the work was commenced or the material furnished, as in the said Act specified and mentioned. Provided, That in order to obtain a preference over a mortgage or other conveyance, notice of intention to hold such lien shall be recorded at the time such work was begun, or such material was furnished. Persons specified Oaths. Perjury. CHAPTER LXII: AN ACT To amend an Act entitled "An Act to authorize certain Officers and other Persons to administer Oaths," passed January 27th, 1853. [Approved March 4, 1857. | The People of the State of California, represented in Senate and SECTION 1. Section second of said Act is amended so as to read as follows: Section two. The Chairman, or any member, of a Standing Committee, or the Chairman of any Select Committee, of either the Senate or Assembly, or of any Joint Committee, shall be empowered to administer oaths or affirmations to witnesses in any matter under their examination; and any "person" testifying falsely in such examination, shall be guilty of perjury. |