for. Immediately after the filing of the aforesaid accounts and description of land the County Recorder shall add ten per cent. to such accounts, and proceed immediately to record the same, in a book to be kept by him for that purpose. The said record shall be deemed to impart constructive notice of the aforesaid lien to all persons, and shall be deemed to relate to the time of filing the notice of intention as herein provided. employ help. SEC. 8. On the first Monday of October in each year the Inspector to Inspectors shall each employ all needful help and means, and proceed to destroy the squirrels upon unoccupied public lands in his district, within three miles of any cultivated field, and shall keep an exact account of the expense incurred upon such land, and file the same with the County Recorder, on or before the next succeeding first day of April. Inspector. SEC. 9. During the months of November, December, Jan- Duties of uary, February, March, and April, of each year, the Inspector shall, when he has reason to believe there are squirrels in any part of his district, inspect any tracts he has reason to believe to be infested, and if the squirrels are found upon private lands, owned, claimed, or occupied, and no sufficient or adequate means, in his judgment, are being used to destroy the same, he shall employ all necessary help and means, and proceed at once to destroy the squirrels therein, in like manner as provided for destroying squirrels upon neglected lands, in section seven of this Act; and he shall keep and file exact accounts and descriptions, as provided for in said section. If the squirrels are upon public lands, unoccupied, and within three miles of any cultivated field, he shall proceed in like manner, and file his accounts, as provided for in section eight of this Act. claimants. SEC. 10. Each and every person owning, claiming, or occu- Liability of pying lands in any Squirrel Inspection District, who refuses owners and or neglects to comply with the requirements of this Act, is hereby held liable for, and declared to be indebted to the county in which said Squirrel Inspection District is situated, to the amount of the actual expenses incurred by the Inspector in destroying squirrels upon such land, as shown by the account of such Inspector, filed with the County Recorder, where payment may be made to such Recorder any time within ninety days after the filing of such account, together with the accrued fees. When payment is made to Recorder to the Recorder aforesaid, he shall give his receipt for the same, receipt for and enter note of the same in the margin of the record of the satisfaction of the lien, which shall release and discharge the lien upon such lands. payments. SEC. 11. When the accounts of any Inspector has been on Accounts of file with the County Recorder ninety days unpaid, the said Inspectors, Recorder shall pass the account over to the District Attorney, and the District Attorney shall add fifteen per cent. to the account, and then he shall bring suit in the name of the people of the State of California, in the proper Court, to cover the amount of the account and percentage. He may Action to enbring as many actions, either to foreclose the lien or against force claim. Proceedings in sale. Plea of defendant. Owner to aid the persons liable in the premises, as may be necessary to enforce the claim. Service of summons in all suits of foreclosure under the provisions of this Act shall be made by publication for the period of two months, in such newspaper of the judicial district as may be ordered by the Judge of the Court in which suit is to be brought; the said order for publication to be indorsed by the Judge upon the complaint prior to the filing of the same, and the service shall in all cases be deemed complete at the expiration of ten days after the before designated term of publication has been, completed. SEC. 12. The proceedings in sale and redemption of property to satisfy liens under the provisions of this Act shall be [as] prescribed in sections three thousand seven hundred and seventy-six, three thousand seven hundred and seventyseven, three thousand seven hundred and seventy-eight, three thousand seven hundred and seventy-nine, three thousand seven hundred and eighty, three thousand seven hundred and eighty-one, three thousand seven hundred and eightytwo, three thousand seven hundred and eighty-three, three thousand seven hundred and eighty-four, three thousand seven hundred and eighty-five, and three thousand seven hundred and eighty-six of the Political Code, for the collection of delinquent taxes, so far as the provisions of said sections are applicable and not in conflict with the provisions of this Act. SEC. 13. The defendant in answer to suit may plead, first, that he did not claim, own, or occupy the land on which the squirrels were destroyed. SEC. 14. It is hereby required of any land owner, claimInspector. ant, or occupant of land upon which the aforesaid Inspector has commenced destroying squirrels, to assist such Inspector when it is convenient; and when such owner, claimant, or occupant is destroying squirrels or rendering assistance, he shall be deemed to be in the employ of said Inspector; and it is further required of such land owner, claimant, and occupant, when he knows of live squirrels upon his lands so owned, claimed, or occupied prior to aforesaid first day of April, to notify the said Inspector of such fact. Levy of tax. Moneys to be paid over. SEC. 15. The Board of Supervisors of the Counties of Stanislaus, Santa Cruz, San Joaquin, Merced, Fresno, San Benito, Tulare, San Mateo, Santa Clara, Monterey, and Kern, at the time of levying other county taxes, shall levy a tax sufficient for the requirements of this Act; provided, that such tax shall not exceed twenty cents on each one hundred dollars' worth of taxable property in the county; which tax shall be assessed and collected as other county taxes, and paid into the county treasury, to the credit of the Squirrel Nuisance Abatement Fund, which is herein provided. SEC. 16. The County Recorder and District Attorney shall each pay over all the money received by either of them, in accordance with the provisions of this Act, to the County Treasurer, to the credit of the Squirrel Nuisance Abatement Fund. SEC. 17. All employés of the Inspector provided for by tion. how paid. this Act shall be entitled to compensation, which shall not Employés exceed two dollars per day for actual service; and when not compensapaid by the Inspector, shall be paid as hereinafter provided. SEC. 18. All expenses incurred in carrying on the provis- Expenses, ions of this Act, when not settled for by the land owners, claimants, or occupants, shall be paid from the Squirrel Nuisance Abatement Fund provided by this Act. Warrants drawing seven per cent. per annum interest shall be issued by order of the Board of Supervisors on all approved claims thereon, payable by the Treasurer from the said fund. account. SEC. 19. Each Squirrel District Inspector shall render a Inspector to detailed account, under oath, to the Board of Supervisors, render for all the money he receives of land owners, claimants, and occupants, by and on account of the provisions of this Act; and he shall present all claims for himself and employés, verified, to the Board of Supervisors. owners and SEC. 20. The owner of any land, or any party claiming Rights of an interest or lien thereon, in the Counties of Stanislaus, claimants. Santa Cruz, San Joaquin, Merced, Fresno, San Benito, Tulare, San Mateo, Santa Clara, Monterey, and Kern, shall have the right to enter upon the same for the purpose of destroying squirrels, in case the lessee or other occupant shall neglect to destroy them; and parties so entering shall be responsible for any unreasonable or unnecessary damages to the premises or crops from such entry; and no entry on lands for the real or nominal purpose of destroying squirrels thereon shall be deemed or held to establish or give color of claim to the property, except as herein provided, nor is any authority. herein given of entry upon lands for other purposes than inspection and destruction of squirrels, as in this Act provided. SEC. 21. All Acts or parts of Acts in conflict with this Act are hereby repealed. SEC. 22. This Act shall take effect immediately. CHAP. CXLV.-[See volume of Amendments to the Codes.] CHAP. CXLVI.-An Act to amend an Act entitled "An Act to provide for the building of and furnishing a Court-house, offices, and jail, in Tulare County, and for improving the Court-house grounds," approved February seventh, one thousand eight hundred and seventy-six. [Approved March 7, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section eight of the Act named in the title of this Act is amended so as to read as follows: Section 8. Supervisors Within forty days after the issuing of any bonds the Board to sell bonds. of Supervisors shall sell the bonds so issued to the highest bidder or bidders therefor, in accordance with the provisions of this Act; provided, that no bid of less than ninety-five per cent of the par value of the bonds shall be accepted. Notice of sale. SEC. 2. Section nine of the said Act is amended to read as follows: Section 9. At least forty days' notice shall be given of the time and place of such sale, by publication in two newspapers printed and published in the City and County of San Francisco, and one newspaper printed and published in Tulare County. If the bonds, or any part thereof, offered at public sale, shall remain unsold, such Private sale. bonds may be sold at private sale; but no bonds shall be sold at private sale for less than ninety-five per cent. of their par value. All bonds sold under this Act, whether at public or private sale, must be sold for gold coin. SEC. 3. This Act shall take effect immediately. Term fixed. CHAP. CXLVII.-An Act to fix the terms of the County and [Approved March 7, 1876.] The People of the State of California, represented in Senate and SECTION 1. In the County of Calaveras the term of the County and Probate Courts shall commence as follows: On the first Monday of December, April, and August. SEC. 2. This Act shall take effect from and after its passage. Salary of CHAP. CXLVIII.-An Act to fix the salary of the Assessor for the City of Oakland. [Approved March 7, 1876.] The People of the State of California, represented in Senate and SECTION 1. The salary of the Assessor of the City of Oakland is hereby fixed at the sum of three thousand five hundred dollars per annum; and said Assessor must employ and compensate his own deputies. SEC. 2. So much of any Act as conflicts herewith is hereby repealed. SEC. 3. This Act shall take effect immediately. CHAP. CXLIX.-An Act to reincorporate the City of Marysville. The People of the State of California, represented in Senate and SECTION 1. The territory described in section two of this Corporate Act, and the inhabitants therein residing, are hereby declared name. to be a municipal corporation, with the powers and under the provisions of Title Three of the Political Code of this State, to be known in law as the "City of Marysville." tion. SEC. 2. The boundaries of said City of Marysville shall Boundaries be as follows, viz: Commencing at a point on the south bank of corporaof Yuba River, opposite D Street in said city, thence down the south bank of said river to the center of Feather River; thence up the center of Feather River to a point opposite Sixteenth Street in said city; thence easterly along the north line of said Sixteenth Street to "E" Street in said city; thence northerly along the west line of "E" Street to the northwest corner of suburban lot five, range D; thence easterly to the outer side of the levee as now located by said city; thence along the outer side of said levee until it intersects the Brown's Valley road or grade; thence along the extreme southeasterly side of said Brown's Valley road or grade to a point where said Brown's Valley grade or road intersects Swezy Street; thence due south to the south bank of Yuba River; thence along the south bank of Yuba River to the place of beginning. SEC. 3. The said City of Marysville shall be divided into Boundaries four wards, as follows: All that part of the city which lies of wards. west of "E" Street shall be the "First Ward." All that part which lies between "E" Street and "D" Street shall be the "Second Ward." All that part which lies between "D" Street and "C" Street shall be the "Third Ward.” All that part which lies east of "C" Street shall be the "Fourth Ward." succeed to SEC. 4. The said City of Marysville shall succeed to all City to the rights, titles, interests, possessions, credits, immunities, rights, titles, debts, and obligations in law and equity, that may pertain to etc. the City of Marysville as incorporated under an Act of the Legislature of this State, entitled "An Act to incorporate the City of Marysville," approved March third, eighteen hundred and fifty-seven, and the Acts amendatory thereof and supplementary thereto. composed. SEC. 5. The Common Council of the said City of Marys- Common ville shall consist of four Councilmen (one from each ward), who, with the Mayor, Marshal, Assessor, and Treasurer, shall be elected by the qualified electors of said city, and shall hold their offices from and after the first Monday in April next succeeding their election, and until their successors are elected and qualified. Should a vacancy occur in any of Vacancies. the offices named in this section, the Common Council shall have power to fill such vacancy for the unexpired term. |