of Trustees a written protest against such proposed work as the ordinance may set forth, all proceedings by the Board of Trustees, in relation to the work to be done, shall be discontinued, and shall not be renewed within one year from the date of said protest. by owners. SEC. 12. Whenever such ordinance may be passed, the Certain owner or occupant of the lot may proceed to do the gravel-work to be ing, paving, or planking of the sidewalks, or the graveling or planking of the street, each separate and distinct owner being at liberty, and being required, under the direction of the Board of Trustees, to do, or cause to be done, at his own expense, the work, repairs, and improvements, in front of his own premises, one-third of the width of the street, and within such time as may be specified in such ordinance. Trustees to SEC. 13. Whenever such work shall not be done by such In case of owner or occupant within the time prescribed, said Board of neglect, Trustees may levy an assessment upon all such lots, where order work. such work has not been done, sufficient in amount to defray the expense of such work, which assessment shall be levied and collected by suit, in the same manner and under the same provisions of law whereby town taxes now or may be hereafter collected; and every such assessment shall become, and hereby is declared to be, a lien upon said lots, severally, to attach at the date of publication of any such ordinance. SEC. 14. On work herein authorized and required to be Proposals for done by the Board of Trustees, shall, in all cases when not work. done by the owner or occupant of the lot, be let out to the lowest bidder offering adequate security. Before giving out any contract to do such work, the Trustees shall cause notices to be posted, or inserted in a newspaper, if any be published in said town, for one week, inviting sealed proposals for the work contemplated to be done. Such proposal or proposals shall be opened and examined in public session, and all contracts shall be awarded as herein before provided. SEC. 15. The territory included within the boundaries of Road said corporate limits is a road district, within the meaning of district. section two thousand six hundred and forty-eight of the Political Code of the State of California. SEC. 16. All work done by the Road Overseer shall be done by direction of the Board of Trustees. condemn, SEC. 17. The Board of Trustees, in the name of the Town Right of of Ukiah City, are hereby authorized and empowered, under Trustees to the provisions of Title VII., Part III., of the Code of Civil etc. Procedure of the State of California, to condemn, take, and appropriate lands and the right of way through lands and premises, when the same cannot be obtained by purchase from or agreement with the owners, for the purpose of opening, widening, laying out, and straightening streets and alleys in said town; for reservoir sites, tanks, and cisterns, and for laying of pipes from the same, and for sewers, sewerage, and drainage through any premises where the same may be necessary for the public health and convenience; and the provisions of Title VII. of said Code, and the proceedings thereunder to be taken, are hereby declared to be and are made Public pound. Fiscal year. Taxes. Terms and salaries of certain officers. applicable, in so far as the same can be made, to the purposes herein before set forth. SEC. 18. The Board of Trustees shall have power to establish a Pound, for the impounding of stray and loose cattle, hogs, or other animals found at large in said town; and appoint a Poundmaster, who shall have power, with the approval of the Trustees, to appoint a deputy, to take charge of the same; and the Board of Trustees shall have power to pass all proper ordinances, defining and describing the duties of such officers, to prohibit the owners of such animals and cattle from permitting the same to run at large, and to regulate the impounding. And the certificate of sale of the Poundmaster shall be, and hereby is, declared prima facie evidence of title to property sold by him, under the provisions of the ordinances of said town. SEC. 19. The fiscal year of said town shall commence on the first day of April of each year, and end on the last day of March of the ensuing year. The taxes of said town shall be annually: first, a general tax on all the property in the town subject to taxation, not exceeding one-quarter of one per cent. of the assessed value thereof, for general purposes. SEC. 20. This Act shall take effect from and after its passage. CHAP. CLIX.-An Act to amend an Act entitled an Act to fix the salaries of certain officers in the County of Alameda, and for other purposes, approved February twenty-seventh, eighteen hundred and seventy-four. [Approved March 8, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section five of an Act entitled an Act to fix the salaries of certain officers in the County of Alameda, and for other purposes, approved February twenty-seventh, eighteen hundred and seventy-four, is hereby amended to read as follows: Section 5. The County Treasurer elected at the general election in eighteen hundred and seventy-five, and his successors in office, shall, during his term of office, be ex officio Tax Collector, and the County Clerk elected at said election, and his successors in office, shall, during his term of office, be ex officio County Auditor; and the salary prescribed in said Act, of which this Act is amendatory, for said County Treasurer and County Clerk, respectively, shall be in full compensation for the services of said County Treasurer, as Treasurer and Tax Collector, and for the services of said County Clerk, as County Clerk and Auditor; and the salary of Tax Collector and of Auditor is hereby abolished. SEC. 2. All Acts and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CLX.-An Act to amend an Act entitled "An Act concerning roads and highwags in the County of Santa Clara, approved March eighteenth, eighteen hundred and seventy-four." [Approved March 9, 1876.] The People of the State of California, represented in Senate and be SECTION 1. Section four of said Act is hereby amended so Highways to as to read as follows: Section 4. The Board of Supervisors, nated. upon the establishment thereof, shall give to each public road and highway an appropriate name, which name may be changed by the Board whenever the same may be deemed necessary, and each road shall thereafter be known and designated by the name thus given. districts. SEC. 2. Section twenty-one of said Act is hereby amended Road so as to read as follows: Section 21. For all the purposes of this Act the districts as now or may be established for the election of Supervisors shall constitute the road districts, and road districts shall bear the same name as the said supervisors districts, and shall be changed whenever said supervisors districts are changed, so as at all times to correspond with them. Culvert SEC. 3. Section twenty-four of said Act is hereby amended Bridge and so as to read as follows: Section 24. From the road taxes F collected from all sources, the Board of Supervisors may, annually, set apart a sum not exceeding ten per cent. from the amount collected in each road district for repairing bridges and culverts, which shall be known as the Bridge and Culvert Fund, from which they may direct such amounts to be paid as may be found necessary for repairs, but in which the inhabitants of all the road districts are more or less interested, and shall be applied exclusively to that purpose. The object of such special appropriation of said General Bridge and Culvert Fund must be specified in the order made therefor. obstructing SEC. 4. Section twenty-five of said Act is hereby repealed. Repeal. SEC. 5. Section twenty-six of said Act is hereby amended Penalty for so as to read as follows: Section 26. Any person or per- or injuring sons, body politic or corporate, who shall obstruct, injure, or streets. damage any public highway, either by placing obstruction therein or by digging in, deepening, or deviating the waters of any stream, or by placing any obstruction in any ditch or stream within or along any public highway, or by placing or constructing any obstruction, ditch, or embankment, upon their own or other lands, so as to make or cause any water to flow upon or impair any public highway; or shall ride or drive upon and along the sidewalk or sidewalks of any highway, whenever such sidewalks have been graded or graveled, located, designated by any order of the Board of Supervisors, or prepared in any other manner, dedicating and designating the same for and to that particular use and purpose, either by the property owner or by the public, or in any other manner injure or obstruct any public highway, shall be deemed guilty of a misdemeanor, and shall be liable to prosecution before any Justice of the Peace in said county, and, upon conviction of the violation of any of the provisions of this section, shall be punished by a fine of not less than ten nor more than fifty dollars, to be collected as other fines are collected; and any such person shall be further liable, at the suit of the Roadmaster of the district, in the sum of five dollars for each and every day such obstruction is allowed to remain, after being notified to remove or remedy the same by the Roadmaster of the district, or any member of the Board of Supervisors. It shall be the duty of the Roadmaster of any district wherein such obstruction, injury, or damage exists, to make a complaint against the person or persons so obstructing or injuring any public highway in his district, before any Justice of the Peace of the county. SEC. 6. Section thirty-one of said Act is hereby amended Duties of so as to read as follows: Section 31. On or before the first Roadmaster. Monday in August in each year each Supervisor, ex officio Trespass. Road funds, how used. Roadmaster, shall prepare a full statement of the labor performed in his district, tools, teams, implements, or materials hired or purchased, the amount of money paid out, to whom and for what paid; also, the amount certified to for labor done, or for tools, teams, implements, or materials furnished, and to whom such certificates have been issued. But no Roadmaster shall, under any circumstances, employ his own teams or wagons, or use his own material, in doing work within his district. Each Roadmaster shall have charge of and be responsible for all tools and implements purchased for or belonging to his district; and his statement shall embrace an inventory of the same, a duplicate of which, together with all such tools, utensils, and other property, he shall deliver to his successor, or to some person designated by the Supervisors to receive them. SEC. 7. Section thirty-seven of said Act is hereby amended to read as follows: Section 37. No stock of any kind whatever shall be allowed to pasture upon any public highway, and it shall be the duty of all Roadmasters, within their respective districts, to take up all animals found pasturing upon the public highways, and to deal with such animals as provided in an Act entitled an Act concerning estrays and animals found running at large in the County of Santa Clara, passed April twenty-seventh, eighteen hundred and sixty-three, amended March twenty-seventh, eighteen hundred and seventy-two; and said Roadmasters are hereby empowered and directed to proceed under said Act against all animals found running or trespassing upon the public highways. SEC. 8. Section thirty-eight of said Act is hereby amended so as to read as follows: Section 38. The Board of Supervisors are hereby authorized and directed, by proper order in that behalf, to turn over to the corporate authorities of any incorporated city or town in the county, fifty per cent. of all the road taxes collected within the corporate limits of such a town or city. All moneys so turned over shall be used by the corporate authorities of such city or town exclusively in the improvement of the highways therein. The Board of Supervisors shall fix the amount of money to be turned over under this section by proper order, and shall order the proper warrants drawn therefor in favor of the proper authorities of such town or city. SEC. 9. Whenever "Roadmaster" is used in this Act, it "Roadmas is meant to apply to the Supervisor, ex officio Roadmaster. ter" defined. SEC. 10. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as the County of Santa Clara is concerned. SEC. 11. This Act shall take effect and be in force from and after its passage. CHAP. CLXI.-An Act to fix the salary of the Superintendent of Public Schools of the City of Oakland, and to limit the powers of the Board of Education of said city. [Approved March 9, 1876.] The People of the State of California, represented in Senate and dent, duties and salary. SECTION 1. The Superintendent of Public Schools of the SuperinCity of Oakland shall act as Secretary and Book-keeper of the Board of Education, and perform all clerical duties required by the Board; and for all services as Superintendent, Secretary, and Book-keeper, he shall receive a salary of twenty-four hundred dollars per annum. SEC. 2. The Board shall appoint one of their members to act as Secretary in the absence of the Superintendent. tax. SEC. 3. The City Council shall, in each year, after receiv- Board to fix ing from the Board of Education the estimated amount rate of school required for school purposes from the city, fix, in its discretion, the percentage to be assessed and collected for said purpose within the city; provided, that such percentage shall not exceed forty cents upon each one hundred dollars of the valuation upon the assessment roll of the city. services. SEC. 4. From and after the election and qualification of Clerical the Superintendent of Public Schools in said city, in the year one thousand eight hundred and seventy-six, no compensation for clerical services in said Board shall be allowed, except as provided in this Act. SEC. 5. All parts of Acts in conflict herewith are hereby repealed. SEC. 6. This Act shall take effect immediately. CHAP. CLXII.-[See volume of Amendments to the Codes.] |