containing more than fifteen gallons, and affix his official mark or brand on same, showing the number of gallons therein contained; but it shall not be obligatory upon manufacturers or vendors to have liquors or empty packages gauged by the State Gauger which have previously been gauged and branded by a United States Gauger. SEC. 4. The legal charge for gauging shall be one half of one Fees. cent for each running gallon; and when said Gauger and Weigher shall be called on in his official capacity to weigh or determine the strength of any lot or invoice of wine or liquor, he shall be entitled to receive fifty cents for such service performed in each case. to sell SEC. 5. Any person in the City of San Francisco selling, or Unlawful offering for sale, a package of wine or liquor containing more unbranded than fifteen gallons, without the lawful Gauger's mark or brand packages. on same, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined for each offence not less than twenty nor more than one hundred dollars. for false SEC. 6. Any person or persons who shall hereafter accept the Officer liable appointment of Gauger and Weigher, under the provisions of brands. this Act, and shall qualify, who shall wilfully mark any cask, case, keg or other vessel of wine or liquor gauged and inspected by him, or mark any cask, case, keg or other vessel when empty, intentionally and falsely indicating either the quality or quantity of wine or liquor, and with intent thereby to deceive either purchasers or vendors of such wine or liquor, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one thousand dollars. SEC. 7. All descriptions of wine, brandy or other liquor Exempt. manufactured from California grapes shall be exempt from the provisions of this Act. SEC. 8. All former laws conflicting with this Act are hereby repealed. effect. SEC. 9. This Act shall take effect from and after June first, To take eighteen hundred and sixty-eight, except as to section eight, which shall take effect immediately. CHAPTER CCCCLVI. An Act granting to the Market Street Railway Company of San Francisco certain rights and privileges. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. The right is hereby granted to the Market Street Right Routes. Conditions. Rights reserved. Repair of streets. License. Fare single or double track, with all the necessary switches, side tracks and turnouts, as follows: From and connecting with the said company's railroad on Laguna street, at MacAllister street; thence, on and along said MacAllister street, to and connecting with the said company's railroad on Market street. Also, from and connecting with the said company's railroad on Hayes street, at Laguna street; thence, on and along Hayes street, to Devisadero street; thence, on and along Devisadero street, to MacAllister street; thence, on and along MacAllister street, to and connecting with the said company's railroad on MacAllister street, at Laguna street. Also, from and connecting with the said company's railroad on Market street, at the intersection of Market and Valencia streets; thence, on and along said Market street, to Castro street. Also, from and connecting with the said company's railroad in Market street, at Gough street; thence, on and along said Gough street, to and connecting with the said company's railroad on Hayes street. SEC. 2. The right granted in section one of this Act is upon the condition that the said extension of said railroad shall be completed upon said streets and between said points, at least upon a single track, within one year from and after May first, eighteen hundred and sixty-eight; and said period of one year is hereby granted within which to complete the same, except on Hayes street, between Laguna and Devisadero streets; on Devisadero street, between Hayes and MacAllister streets; on MacAllister street, between Devisadero and Laguna streets; and on Market street, between Valencia and Castro streets; and on those streets, within one year after they are respectively graded to the official grade. SEC. 3. Nothing in this Act shall be so construed as in anywise to prevent the proper authorities of said City and County of San Francisco from sewering, grading, paving, planking, repairing or altering any of the streets herein before specified; but all such work shall be done, if possible, so as not to obstruct the free passage of the cars upon the said road; and where the same shall not be possible, said authorities, before the commencement of such work, shall allow to the said railroad [company] time sufficient to enable them to shift the rails or take other means so as to avoid said obstruction during the continuance thereof, which they, the said owners, are hereby authorized to do. SEC. 4. The owners of said railroad shall macadamize, pave or plank, as the proper authorities of said city and county shall direct, the streets through which the said railroad shall run, along the whole length thereof, between the rails and between the tracks, and shall keep the same constantly in repair. SEC. 5. The owners of said railroad shall pay to the City and County of San Francisco the sum of fifty dollars per annum as a license upon each car used by them upon said railroad, which payments shall be made quarterly to the said city and county. SEC. 6. The rates of fare upon said railroad, either going or returning, shall not exceed the sum of six and one quarter cents for each passenger. SEC. 7. This Act shall take effect and be in force from and after its passage. CHAPTER CCCCLVII. An Act to amend section one of an Act entitled an Act to amend an [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act, the title of which is designated in the title of this Act, is amended to read as follows: Section 1. Section two of said Act is hereby amended so as to read as follows: terms of Section 2. The number of Councilmen shall be ten; and the Election and Mayor, Councilmen, and all other municipal officers of said city, city officers shall hold their offices for two years from the time they shall commence the discharge of the duties of such office, except as hereinafter provided, that five of said Councilmen shall hold office for one year only. The said Mayor, Common Councilmen and other municipal officers shall be elected by the qualified electors of said city, on the first Monday of December, A. D. eighteen hundred and sixty-eight, and every two years thereafter; provided that, immediately after the election and organization of the Common Council under the provisions of this Act, they shall be divided by the Clerk of said Common Council into two classes, to be known as the first and second class; and the Common Councilmen elected shall determine said classes by lot, in such a manner as shall be agreed upon by them for that purpose; the first class to be composed of five members, who shall hold office for two years, and until their successors shall be elected and qualified; and the five composing the second class shall hold their offices for the term of one year, and until their successors shall be elected and qualified. On the first Monday in December of each year after A. D. eighteen hundred and sixty-eight, an election shall be held for the purpose of electing five members of the Common Council, to fill the vacancy caused by the expiration of the term of office of the five Councilmen holding the shortest term, except upon the first Monday [in December] of every second year after eighteen hundred and sixtyeight, when a general election shall be held for the election of all the municipal officers of said city. SEC. 2. This Act shall take effect immediately. 77 Public roads Road dis tricts. Roadmasters Property tax for road purposes. CHAPTER CCCCLVIII. An Act concerning roads in the County of Marin. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. All roads in the County of Marin which shall have been or may hereafter be acquired by said county, by deed, grant, legal proceedings, condemnation, dedication, either express or implied, or by uses, except such as have been and shall continue to be obstructed by gates or bars, are hereby declared to be public roads. All the roads in said county which have been or may hereafter be fenced out, opened and travelled for two successive years shall be deemed public roads, unless otherwise ordered by the Board of Supervisors. The fencing out and throwing open any road in said county shall be conclusive evidence of the dedication of such road by the owner of the land through which the same shall pass. SEC. 2. The road districts in said county as now established and numbered or named shall be the road districts therein; but the Board of Supervisors may, at any regular meeting, change or alter the same, or create new districts, as the public convenience may require. They shall cause each new district to be numbered or named, and a description of the boundaries thereof, with the number or name, to be entered in their minutes. SEC. 3. There shall be elected for each road district in said county at the general election in the year eighteen hundred and sixty-nine, and at the general election every two years thereafter, by the qualified voters of the township in which said road district is situated, a Roadmaster, who shall be an elector and resident of the road district for which he shall be elected. Before entering upon the discharge of his duties he shall take the oath of office prescribed by law, and shall execute a bond, with two sufficient sureties, to the State of California, in the sum of five hundred dollars, or such other sum as may be required by the Board of Supervisors, which bond shall be conditioned for the faithful performance of all the duties of his office, and shall be executed in the manner and form prescribed by law, approved by the Board of Supervisors, and filed in the office of the County Clerk, but need not be recorded. SEC. 4. The Board of Supervisors shall have power to levy a property tax for road and bridge purposes, not exceeding seventy-five cents per annum upon each one hundred dollars value of the taxable property of Marin County, which tax shall be levied, assessed and collected at the same time and in the same manner, and in the same kind of currency, that other county taxes of said county are levied, assessed and collected; also at Road poll tax the same time, to levy a road poll tax annually, not exceeding four dollars to each man, upon all such persons as are required by law to pay a State poll tax, to be collected at the same time, in the same manner, and by the same person as the State poll taxes are collected in said county, except as hereinafter pro vided; provided, that such road poll tax for the year eighteen hundred and sixty-eight may be levied at any regular or special meeting of the Board of Supervisors after the passage of this Act. The Collector shall have and exercise the same powers in Collection. enforcing the collection of said road poll taxes as are by law conferred in the collection of the State poll tax; and all the provisions of the Revenue Law of this State concerning the assessment and collection of the State poll tax not inconsistent with the provisions of this Act are hereby made applicable to the assessment and collection of said road poll tax. All moneys collected under this Act shall be paid into the County Treasury, and shall be set apart by the County Treasurer for road and Disbursebridge purposes, and shall be called the "Road and Bridge ment. Fund;" provided, that the officer collecting such tax may deduct from the amount of all road poll taxes collected by him five per cent. thereof for his own use. The Supervisor shall have power to order warrants for all road and bridge purposes, including damages allowed by said Board in laying out and opening roads, to be paid out of such fund, and such fund only; provided, that the right of the holders of such warrants to redeem them out of the Redemption Fund of said county shall not be affected or impaired. tax receipts. SEC. 5. The Board of Supervisors shall cause a sufficient num- Road poll ber of road poll tax receipts to be issued, numbered and signed by the Chairman of the Board, and countersigned by the Clerk thereof, leaving a blank therein for the name of the person pay. ing such tax. Said receipts, when so prepared, shall be delivered by the Clerk to the Treasurer of said county, whose receipt shall be taken therefor and filed with said Clerk. The Treasurer shall make an entry thereof in a book to be kept by him for that purpose, and shall deliver such receipts to the Auditor, who shall deliver such numbers of said receipts to the Collector of said taxes from time to time as may be required, the same as State poll taxes are now delivered, taking his receipt therefor; and the Treasurer and Collector shall account for the same at the same time and in like manner as for State poll tax receipts. The appearance of such receipts shall be changed each year, and all receipts which are not used during the tax year shall be destroyed at the expiration thereof by the Board of Supervisors. SEC. 6. If the Collector shall sell any road poll tax receipt Liability of without its being signed, dated and filled up with ink, or which has not been issued by the Board of Supervisors as provided in the last preceding section, or shall neglect or refuse to perform any of the duties imposed upon him by this Act, he shall, in addition to his liability therefor on his official bond, be deemed guilty of a misdemeanor, and on conviction thereof shall be punished accordingly. Collector. SEC. 7. It shall be the duty of the Roadmasters to have the Duty of care and general supervision of the public roads within their Roadmasters respective districts, and, under the superintendence of the Supervisor of the district within which such Roadmaster's district is situated, to maintain and keep them in good repair, to erect and maintain the necessary bridges, embankments and culverts, to work on the roads themselves, and to oversee the labor performed thereon. To this end they shall each, at the |