Treasurer, salary and fees of. District same. CHAP. CLXIII.-An Act to amend an Act entitled "An Act concerning county officers in Yolo County, and to regulate the fees and salaries thereof," approved March eighteenth, eighteen hundred and seventy-four. [Approved March 9, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section five of said Act is hereby amended to read as follows: Section 5. The salary of the County Treasurer shall be twenty-seven hundred dollars per annum, and, in addition thereto, he shall be entitled to receive the same fees and percentage for the collection of licenses as are now allowed by law to the Tax Collector for that service, which said salary and fees shall be the only compensation received by him for any services rendered as such Treasurer or as ex officio Tax Collector, except the mileage allowed him by the State for traveling to the Capitol to make his settlements. SEC. 2. Section six of said Act is hereby amended to read as follows: Section 6. The salary of the District Attorney shall be one thousand dollars per annum, and, in addition thereto, he shall be entitled to charge and receive fees as follows: Ten per cent. on all forfeited bonds and recognizances collected by him, if paid before action is commenced thereon, otherwise fifteen (15) per cent. on the amount recovered. For all amounts collected by him for the State or county, other than forfeited bonds or recognizances, ten (10) per cent. on the amount collected. For every conviction had under the Act to prohibit gaming, fifty dollars; for every conviction of felony, where the penalty is death, or imprisonment which may extend during the life of the person convicted thereof, fifty dollars; for every other conviction of felony, twenty-five dollars; and for every conviction of a misdemeanor, fifteen dollars, to be assessed as costs against the party convicted; but, in case of failure to collect the same, then said fees shall become a charge against the county, and must be audited by the Board of Supervisors and paid out of the County Salary Fund. SEC. 3. This Act shall take effect and be in force from and after its passage. Clerk to transfer papers. CHAP. CLXIV.—An Act providing for the transfer of certain [Approved March 9, 1876.] The People of the State of California, represented in Senate and SECTION 1. The County Clerk of the County of Santa County Clerk of Ventura County, all papers in the District and Probate Courts, now on file in his office, which relate exclusively to persons and property belonging to Ventura County. SEC. 2. This Act shall be in force from and after its passage. CHAP. CLXV. [See volume of Amendments to the Codes.] CHAP. CLXVI.-An Act to fix the terms of the County and [Approved March 9, 1876.] The People of the State of California, represented in Senate and Courts, terms SECTION 1. The regular terms of the County and Probate County and Courts in and for the County of Modoc shall be held at the Probate county seat of said county on the first Monday in February, fixed. the first Monday in April, the first Monday in June, the first Monday in August, and the first Monday in November in each year. CHAP. CLXVII.-[See volume of Amendments to the Codes.] CHAP. CLXVIII.-[See volume of Amendments to the Codes.] CHAP. CLXIX.-An Act to amend an Act entitled an Act incorporating the Town of Cloverdale, in the County of Sonoma, and State of California, approved February twenty-eighth, one thousand eight hundred and seventy-two. [Approved March 9, 1876.] The People of the State of California, represented in Senate and Board of SECTION 1. Section four of said Act is hereby amended Powers to read as follows: Section 4. The Board of Trustees shall granted to have power to pass such ordinances, not inconsistent with Trustees. the Constitution and laws of the United States and of this State, as they may deem necessary for the following pur poses: To prevent and remove nuisances within the limits of said town; to prohibit disorderly conduct; to license and regulate auctioneers, taverns, merchants, livery stables, feed stables, butcher-shops, draymen, omnibuses, truckmen, express and job wagons, hotels, victualing-houses, restaurants, stage companies carrying passengers to and from said town, bar-rooms at which spirituous or malt liquors are sold; to license and regulate tippling-houses, saloons, theatricals, circuses, and all shows, concerts, and places of amusement, hawkers, peddlers, and pawnbrokers; to regulate and prohibit dance-houses, houses of ill-fame, and disorderly houses of all kinds; to provide such means as they may deem necessary to protect the town from injuries by fire; to levy and collect annually a tax on all property in said town, not exceeding one-quarter of one per cent. on the assessed valuation thereof; to impose and collect a poll-tax of not exceeding (1) one dollar per annum, on every male inhabitant of Poll taxes, twenty-one years of age and upwards; to impose and collect a license or tax on all dogs within the limits of said town, not exceeding (3) three dollars per annum; and to pass such other ordinances as they may deem necessary, But they shall not have the power to contract any debt or debts which, singly or in the aggregate, shall exceed the sum of (2) two hundred and (50) fifty dollars, gold coin, unless by the consent of the majority of the voters of said town, voting at a special election ordered by the Trustees of said town, of which election public notice shall be given by notices posted, or by publication in a newspaper, if there be one in said town, for at least (10) ten days prior to such election; and no debt or debts contracted, in pursuance of such consent, shall, singly or in the aggregate, exceed in amount one per cent. of the assessed valuation, in the previous year, of the property within the corporate limits of the town. licenses, etc. SEC. 2. This Act shall take effect and be in force from and after its passage. Assessors' salaries. Bonds of CHAP. CLXX.-An Act to fix the salary and bond of the [Approved March 9, 1876.] The People of the State of California, represented in Senate and SECTION 1. The salary of the Assessors of the Counties of Tulare and Kern shall be fixed at fifteen hundred ($1500) dollars per annum, and shall be payable in two equal payments, on the first Monday in August and on the first Monday in January following, out of the treasury of said counties, on warrants of the County Auditor. SEC. 2. The bonds of the Assessors of the Counties of Tulare and Kern shall be fixed from time to time by the Board of Supervisors of said counties, in such sum as they shall deem necessary; provided, said bond shall not, at any time, be fixed at a less sum than four thousand ($4,000) dollars. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CLXXI.-An Act in relation to boundary fences and the trespass of animals in the County of San Mateo. [Approved March 9, 1876.] The People of the State of California, represented in Senate and SECTION 1. Coterminous owners are mutually bound Coterminous equally to maintain : First-The boundaries and monuments between them. Second-The fences between them, unless one of them choose to let his land lie without fencing; in which case, if he afterwards inclose it, he must refund to the other a just proportion of the value, at that time, of any division fence. made by the latter; provided, that if the party so inclosing shall neglect or refuse to pay for the one-half of such fence, in gold coin, the land so inclosed shall become liable therefor; and the value of one-half of such fence, in gold coin, shall become and remain a lien upon such land, and shall draw interest at the rate of one (1) per cent. per month, in like gold coin, until paid. Notice of such lien shall be filed in the office of the County Recorder of said county, as is now or may hereafter be provided by law for filing notice of mechanics' lien, and foreclosed in like manner as is now or may hereafter be provided by law for the foreclosure of mechanics' liens; provided, that the judgment shall direct the entire tract of land to be sold, or so much thereof as shall be necessary to satisfy such lien, with interest and costs, in gold coin, or the lien may be waived and an action at law instituted against the owner of the land in default. owners nu tually bound to maintain. tice to erect. SEC. 2. When two or more persons own land adjoining, Partition which is embraced by one general inclosure, or has been fences, no heretofore inclosed by partition fences, and one or more. of the parties desire that a partition fence should be erected, or if already erected, that it be kept up and maintained between them, the other party or parties, when notified of such fact, shall proceed to erect, or cause to be erected, one-half of such partition fence, or if it be already erected, repair one-half of such fence; and if after six months' notice having been given, if it be to build a new fence, and ten days if it be to repair such partition fence, either party shall refuse or neglect to erect and complete one-half of such fence, or to repair the same, as the case may be, the party giving notice may proceed to erect or repair the entire partition fence, and collect one-half of the cost and expenses thereof, in gold coin, with one per cent. interest, from the party neglecting or Notice, how served. Manner of refusing to comply with this provision, and shall, moreover, be entitled to a lien upon the land of the party, as heretofore provided, or the lien may be waived, and an action maintained at law against the owner of the land in default. SEC. 3. The notice required by the preceding section shall be in writing, and may be served by delivering a copy thereof to the owner of the adjoining land, or to one of them, if there be more than one jointly interested, or to the occupant of said land, and in case service of said notice cannot be had on the owner upon the land, or on an occupant in possession, then service may be made by posting a copy in a conspicuous place on the land to be affected thereby, and filing a copy thereof in the office of the County Recorder of the county where the land is situated, and inclosing a copy of said notice, and depositing in the post-office, with the necessary postage prepaid, addressed to the owner or owners of the lands to be affected thereby, at his or their place of residence, if known, and if not known, then by publication of said notice for one insertion in a newspaper published in said county. SEC. 4. Fences required by this Act may be constructed constructing of posts and rails, posts and boards, pickets or palings, or may be a stone wall, but must be of sufficient height and strength and so constructed as to be sufficient to turn ordinary animals; provided, that natural water-courses not ordinarily passable by domestic animals, and deep gulches and gorges which can be secured against animals by means of brush or picket fences, shall be deemed to be secured by a sufficient partition fence. Trespass by animals. Action for damages. SEC. 5. Any owner or occupant of any lands or possessory claim, finding any animals which have done or are doing damage on his lands, whether the same be inclosed by a lawful fence or not, may take up or safely keep such animals, or maintain an action for damages against the owner of such animals in the manner provided by an Act entitled an Act to protect agriculture and to prevent the trespassing of animals upon private property, approved March twenty-seventh, eighteen hundred and seventy-two; provided, that any person who shall, after notice having been given as heretofore provided in this Act, neglect or refuse to erect or repair his proportion of any partition fence, shall not after such neglect or refusal be allowed to take up any animals found trespassing on his lands, belonging to the party giving such notice, or maintain any action for damages while such party so neglecting and refusing continues in default. SEC. 6. All Acts and parts of Acts in conflict with the provisions of this Act, in so far as they concern the County of San Mateo, are hereby repealed. SEC. 7. This Act shall take effect and be in force from and after the first day of May, eighteen hundred and seventy-six. |