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LIST OF STATUTES,

OTHER THAN THE FOUR CODES, REMAINING IN FORCE, AND OF THE AMENDMENTS THERETO, WITH REFERENCES TO DECISIONS RESPECTING THEIR CONSTITUTIONALITY.

NOTE. From this table are excluded all statutes which can no longer be regarded as of any substantial effect, either because directly or impliedly repealed by the Codes or, though neither repealed by them nor otherwise, which have accomplished their purpose and have no other effect than to justify acts long since done by their authority, such as appropriation bills, grants of franchises, or of rights for a limited period, or directions or authorizations to perform acts which have doubtless already been done, or to contract obligations which have been satisfied, and statutes creating and providing for the government of municipal corporations which have become inoperative by the reincorporation of the same municipalities by or under subsequent statutes, either general or special

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1850.

Concerning lawful fences. Repealed by the statute
of 1855, p. 154, except as to the counties of Amador,
Butte, Calaveras, Colusa, Klamath, Nevada, Placer,
San Bernardino, San Diego, Santa Barbara, Shasta,
The
Siskiyou, Trinity, Tuolumne, and Yuba counties.
statute of 1855 was afterward amended to include
Butte, Calaveras, and Nevada. Special acts
passed relating to other counties, but the statute of
1850 has apparently not been repealed as to Amador,
Klamath, San Diego, Santa Barbara, Siskiyou, and
Trinity counties.

were

To provide for the incorporation of colleges. Amended 1855:110; 1867-8:69, 218; 1869-70:419; 1873-4:85; supplemented 1863:775; 1871-2:10. This and other acts relating to corporations were repealed by § 288 C. C., except that corporations pre-existing the code remain subject to the laws under which they were formed, but new corporations can not be created under such laws (Murphy v. Pacific Bank, 119 Cal. 334), and we apprehend that all amendments to them made after the enactments of the codes were invalid, or at least not applicable to any corporation formed after the adoption of that code, because they were to acts which had already been repealed.

(1469)

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342 125 To abolish all laws except those passed during the present session.

347 128

185

18

An act concerning corporations. Amended 1851:424, 426; repeated 1851, p. 433, chap. 118, sec. 31; amended 1852:168; 1853: 87, 140, 169; 1854:162, 166; 1858:57, 264; 1859:87; 1861:84; 1862:17, 110, 125; 1863:34, 747, 766; 1865-6:748; 1869-70:46, 402; 1871-2:443; 1876:730; supplemented 1862:17; extended 1857:75. See note above to page 273, chap. 117.

1851.

Concerning costs in criminal actions removed before trial. Needham v. Thresher, 49 Cal. 392.

307 41 To provide for the disposition of certain property of the state.

445 122

515 131

523 138

147

75

150

77

To regulate rodeos. Amended 1852:102; 1855:163; 1858:70; 1861:180; 1865-6:673; 1873-4:793; supplemented 1858:155.

Concerning judges of the plains. Amended 1857:158: 1863:497.

To provide for the formation of mutual insurance com panies. See note to 1850, p. 273, chap. 117.

1852.

To authorize persons engaged in the U. S. Coast Survey
to enter upon lands within the state.

Granting right of way for railroad from Atlantic to
Pacific.

158 82 Prescribing the mode of maintaining and defending

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87 65

114

possessory actions on public lands. Amended 1853:94, 1861:143. See Gray v. Dixon, 74 Cal. 508.

Costs of suit against the state. Superseded by C. C. P., § 1038.

Legalizing acknowledgments of deeds.

To provide for the incorporation of water companies.
See note to 1850, p. 273, chap. 117.

1853.

Miners' licenses. Amended 1854:55; 1855:216; 1856: 141; 1857:60, 182, 360; 1858:302; supplemented. 1866:380. Doubtless unconstitutional, but see People V. Naglee, 1 Cal. 232; Lin Sing v. Washburn, 20 Cal 544.

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To provide for the formation of corporations for certain purposes. Amended 1855:205; 1857:121; 18387 133; 1859:93; 1863:736; 1863-4:149; 1869-70:132 364; 1871-2:526, See note to 1850, p. 273, chap. 117. 73 To provide for the formation of wagon road corporations. Amended 1856:71. See chap. 65; also note last referred to.

169 121 To provide for the formation of plank or turnpike cor porations. Amended 1854:160; 1857:171, 280; 1858: 145, 265. See chap. 65.

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219 160 To provide for the sale of the interest of the state in property within the water-front line in San Francisco. Supplemented 1855:226; 1858:139. Unconstitutional in part (Guy v. Hermaner, 5 Cal. 73). Amending act relating to corporations. See note to 1850, chap. 117.

274 175

1854.

21 9 To provide for permanent location of seat of government at Sacramento. Superseded by Const., art. XX, sec. 1.

76 57

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To create a board of commissioners and the office of overseer to regulate watercourses. (Applies only to Contra Costa, Colusa, Los Angeles, Napa, San Bernardino, San Diego, Santa Barbara, Selano, and Tulare counties.) Amended 1857:29; 1860:335; 1861:31; 1862:235.

1855.

To protect owners of crops, buildings, and improvements
in the mining districts. Unconstitutional in part
(Gillam v. Hutchinson, 16 Cal. 153).
Concerning lawful fences.
510, 513; 1863-4:465;
1860:141.

1856.

Amended 1858123; 1861: 1877-8:765; supplemented

For the protection of actual settlers and to quiet title to lands. In many respects unconstitutional (Bings v. Hall, 7 Cal. 1; Lathrop v. Mills, 19 Cal. 513; Pioche v. Paul, 22 Cal. 105); and the parts not unconstitutional are probably superseded by the codes. Authorizing transcribing of records in Yuba County. Concerning the war debt of the state.

To aid officers in the Indian department. Amended 1857:186. The above-named statute is mentioned by the code commissioners at § 1346 without anything to indicate that they suppose it to be repealed by any of the codes. If, however, as is indicated by the note to 6 of the Penal Code, that section was intended to enumerate every act or omission made punishable, then this statute must have been substantially, if not absolutely, repealed by that code.

1857.

To further extend the act concerning corporations. See note to 1850, p. 273, chap. 117.

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155

159 135

171 147

122 Granting swamp lands to Sacramento City.
Legalizing records of Solano County.

To authorize formation of plank road corporations.
note to 1850, p. 273, chap. 117.

See

200 177

To legalize certain conveyances.

PAGE CHAP.

227 194

228 195 229 197

1857-Continued.

Restricting the herding of sheep in Sonoma and Marin counties. Amended 1858:165; 1859:119; 1860:332; 1869-70:304; 1871-2:890; 1877-8:79.

Concerning certain records of San Joaquin County. Incorporating Yreka. Amended 1860:313; superseded by incorporating in 1888 under the statute of 1883.

1858.

7 9 Incorporating town of Union. Amended 1869-70:414; 1873-4:280. Note This is now Arcata; 1860:109. Fences in Contra Costa County. Supplemented 1861:277. Further extending act concerning corporations. Amended and supplemented 1858:264. See note to 1850, p 273, chap. 117.

40 56 57 68

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Transcribing records of Napa County from Solano and
Sonoma.

Legalizing conveyances made by the commissioners of
the sinking fund.

Recorder of Butte County to make copies of certain
records.

Concerning lawful fences in Marin County.
Supplemental to act concerning rodeos.

Authorizing transcribing of records in Sutter County.
Incorporating Coloma.

Incorporation of water companies.

See note to 1850, p. 273, chap. 117.

Amended 1861:228.

264 298 Supplementary to act of 1850 concerning corporations See 1850, p. 273, chap. 117.

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For the better protection of settlers on public lands.

1859.

Authorizing location of townsite of Crescent City.
Amended, 1860:279; 1862:226.

Providing for the relinquishment to the United States
of lands required for military or naval purposes.
Authorizing transcribing records in Solano County.
Supplemental to act of 1850 concerning corporations.
See 1850, p. 273, chap. 117.

Authorizing transcribing records in Butte County.
To prevent stallions from running at large in Sacra-
mento County. Extended and amended 1860:107:
1865-6:327; 1867-8:70; 1869-70:68; 1873-4:228:
as to penal clauses, repealed by § 6, Penal Code; and
as to other provisions, probably repealed by estray
law of 1897, p. 198, and 1901, p. 603.

Authorizing transcribing records of Tehama County from
the records of Colusa County.

To legalize certain acknowledgments.

To improve the navigation of Petaluma Creek. Amended 1865-6:525.

Authorizing counties to become stockholders in railroad companies. Amended 1860:208. Repealed by Const art. IV, sec. 31.

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1859-Continued.

Concerning lawful fences in San Bernardino, Colusa,
Shasta, Tehama, and Placer counties. Extended to
Yuba County, 1863:357.

Authorizing incorporation of rural cemetery associa-
tions. Amended 1863-4:12; 1891:264; 1899:36. See
1850, p. 273, chap. 117.

Regulating salmon fisheries on Eel River.

Ceding jurisdiction to the United States over lands near
Lime Point.

1860.

11

21

16

29

82 112

109

141

141

173

155

190

Authorizing transcribing of records in San Luis Obispo
County.

For relief of purchasers at sales made by public adminis-
trators.

Legalizing records in San Bernardino County.

Authorizing transcribing of records in Sonoma County.
Lawful fences, supplementing statute concerning.
Authorizing American Water and Mining Company to
extend its works. Amended 1871-2:471.

175 212 Providing for conveyance of mining claims. Amended

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1863:98; probably repealed by § 1091, etc., C. C. If not, then modified as to corporations by 1880:131. Board of water commissioners for Merced County. Legalizing acts of public administrator of Yolo County. Providing for disposal of lots in towns on the public lands in Mendocino County. Superseded by 1867-8: 487.

1861.

In reference to corporations organized to mine outside of the state. Doubtless repealed by § 288 C. C., except as to pre-existing corporations. See 1850, p. 73, chap. 117.

For the relief of Marin County.

Concerning officers. Repealed by Pol. C. § 831.

121 129

139 142
153 156

Incorporating Grass Valley. Amended 1862:98; 1863-4:
57; 1865-6:363; 1869-70:16, 47;
pealed by new charter 1893:628.

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Amending the act relating to rodeos.

For the appointment of commissioners in equity.
pealed by Political Code and Code of Civil Procedure.
Fences in Contra Costa County, supplementing statute of

1858.

371 365 Legalizing grants of lands in city of Santa Barbara. Supplemented 1862:495; amended 1863:47.

380 375

507 448

510 453

523 468
533 485

Concerning telegraphic messages. Superseded by statute
of 1862:288.

Legalizing certain records of Santa Clara County.
Fences. Amending and supplementing statute of 1855.
To restrict the herding of sheep. Amended 1865-6:56.
For the protection of water companies. Superseded by
Penal Code. See §§ 499, 592, 607, 625.

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