collected, sufficient to pay the annual interest on said bonds, and to provide a fund for the final redemption thereof. Whenever there shall be in the county treasury a sum as great as one thousand dollars, applicable to the redemption of said bonds, it shall be the duty of the Treasurer of said county to give public notice of such fact by publication in a newspaper published in said county, for at least three consecutive weeks, specifying by number of the bond or bonds. which he is prepared to redeem, and at the expiration of such notice, if such bond or bonds are not presented for payment by the holders thereof, interest thereon shall forthwith cease. SEC. 6. Said bonds shall be numbered from one to twentytwo, consecutively, and shall be paid in the order of their numbers. They shall each, and each coupon thereto attached, shall be signed by the President of the Board of Supervisors of said county, and be countersigned by the Auditor thereof. SEC. 7. This Act shall take effect from and after its passage. CHAP. CLXXXVI.-[See volume of Amendments to the Codes.] Animals trespassing may be taken up. Taker-up to CHAP. CLXXXVII.-An Act to protect agriculture and to prevent the trespassing of animals upon private property in Marysville and Long Bar Townships, Yuba County. [Approved March 11, 1876.] The People of the State of California, represented in Senate and SECTION 1. Any owner or occupant of any land, finding any horse, mare, mule, jack, jenny, sheep, goats, hog, or horned cattle, or any number of such animals, doing or having done damage on any such land or claim, whether said land be inclosed by a lawful fence or not so inclosed, may take up and, at the expense of the owner, safely keep such animal or animals for ten days, and shall be allowed for keeping the same the following-named sums: For each horse, mare, mule, jack, jenny, or horned cattle, the sum of twenty-five cents per day; and for each hog, sheep, or goat, the sum of ten cents per day; provided, that no charge to exceed ten dollars per day shall be demanded for any number of sheep or goats. SEC. 2. When the owners of animals are known and give notice. reside in or near the township, they shall be personally notified, or a written notice directed to them and left at their usual place of residence; but if at a great distance from the place of taking up, the notice of such detention and the reason therefor shall be served by depositing the same, postage paid, in the nearest post-office, directed to the owner at a post-office near his or their residence. When the owner is not known to the person taking up the animals, written notices, containing a description of the animals, their marks and brands, as near as can reasonably be ascertained, and stating the cause of detention, shall be posted for ten days conspicuously in three public places in the township. claim. SEC. 3. At the expiration of ten days, if the animals have Action for not been applied for, or if they have and the parties do not damages and agree on the amount of damages and compensation, the taker-up, when the damage and compensation claimed shall be less than three hundred dollars, shall file a written complaint, verified by his oath, with a Justice of the Peace in the township where the trespass was committed, or the township where the owner of the animals resides, setting forth the nature and location of the alleged damages, the amount he claims against said animals; and if there be no Justice of the Peace in the said township, then he shall file said complaint with a Justice of the Peace in the nearest township. whom. SEC. 4. When the owner is known, the action shall be Actions, against such owner, and the summons shall be served and against returned as in other civil actions. When the owner is not known, the action shall be against the property in rem, and the summons shall be directed to unknown owners of said animals, describing them therein, and any action thus commenced may include all animals found doing damage, whether of one or more marks and brands, and shall be served by posting a copy of the same in three public places in the Notice, how township-one of which shall be on the outside of the door of given. the Justice's office, and shall be returnable in not less than ten days from its date, and shall be posted up at least eight days before the trial; and no judgment shall be entered up under the provisions of this Act by default, but the damages done shall be proved by the testimony of one or more credible witnesses. If judgment be in favor of the plaintiff, the property may be levied upon and sold as other personal property seized on execution; if the judgment be for the defendant, the plaintiff shall pay such costs and damages as may be awarded by the Court. The officer selling property under this Act shall give a bill of sale to the purchaser, describing the animal or animals sold, the price paid therefor, and stating that it or they were sold by authority of this Act. Any overplus of proceeds of such sale, after satisfying the judgment and costs, shall be paid by the Justice to the owner of the animals sold, but if not demanded within twelve months from the date of sale, it shall at the expiration of twelve months be paid into the county treasury for the use of the Common School Fund of said township. SEC. 5. Any owner of animals seized under the provis- Redemption ions of this Act may, at any time previous to the sale, demand of animals. and shall be entitled to the possession of such animals, or so many as he may claim, upon making satisfactory proof of ownership before the Justice of the Peace, and paying his proportion of the damages, charges, and fees; and after the Record of sales, how kept. Misdemeanor. Same. Fees of officers. sale may at any time, within three months, redeem said animal or animals by making proof of ownership and paying the purchaser the amount of purchase money, with ten per cent. added thereto, and expense of keeping at the rate of three dollars per month a head. SEC. 6. The Justice of the Peace shall make a record in his docket of all animals sold under the provisions of this Act, which shall be open to inspection; which record shall contain the description of the animals, their marks and brands, the name of the purchaser, his usual place of residence, the amount of purchase money, damages, fees, and charges, and the surplus money, if any, arising from each sale, and if such surplus money be received by the owner he shall receipt for it on the margin of the docket. SEC. 7. Any person who shall drive stock from outside lands upon his own land for the purpose of taking advantage of any of the provisions of this Act, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished accordingly. SEC. 8. The word "animals," used in this Act, shall include turkeys, and the sum of three cents per day shall be allowed for the keeping the same. SEC. 9. Any person who shall unlawfully drive off or lead away any animal seized under this Act, from the possession of any person who lawfully seized the same, or from its place of keeping, is guilty of a misdemeanor, and shall be punished as provided by law. SEC. 10. The fees of Justices and Constables for services under this Act shall be the same as in other civil actions. SEC. 11. All Acts or parts of Acts conflicting with the provisions of this Act are hereby repealed. SEC. 12. This Act shall apply only to Marysville and Long Bar Townships, Yuba County, and shall take effect and be in force from and after its passage. Duties of CHAP. CLXXXVIII.-An Act concerning the office of County [Approved March 11, 1876.] The People of the State of California, represented in Senate and SECTION 1. The County Clerk of Santa Barbara County, from and after the first Monday of March, one thousand eight hundred and seventy-eight, shall receive for all services required of him as County Clerk, and ex officio as County Recorder, Auditor, Clerk of the District Court, County Court, Probate Court, and Clerk of the Board of Supervisors, Equalization, and Canvassers, a salary of two thousand five hundred dollars per annum, which salary shall be in full for all services required of him as aforesaid, and shall be paid monthly out of the county treasury of said county. SEC. 2. The said County Clerk shall be allowed one Dep- Deputies, uty County Clerk, who shall receive, for all services required salaries of. of him, a salary of one thousand dollars per annum. He shall also be allowed one Deputy Recorder, who shall receive, for all services required of him, a salary of one thousand dollars per annum; and he shall be allowed one additional Deputy Recorder at such times as the Board of Supervisors may deem it necessary to discharge the duties of said office, who shall receive a salary at the rate of one thousand dollars per annum, for such times only as the Board shall, by an order entered on its minutes, direct. The deputies herein provided for shall be paid monthly out of the county treasury of said county. SEC. 3. The said County Clerk shall, from and after the Clerk to first Monday of March, one thousand eight hundred and report fees. seventy-eight, collect and safely keep all fees and compensation of whatever kind allowed him by law for services rendered by him in his several official capacities, and upon the first Monday of each and every month shall pay the same over to the County Treasurer of said county, and shall, at the times herein provided for the paying over to the said Treasurer, make out and file with said Treasurer a full and accurate statement, under oath, of all fees or compensation, of whatever kind, received by him in his several official capacities for the preceding month. SEC. 4. It shall be the duty of the County Treasurer of said county to receive and receipt for all moneys paid over to him under the provisions of this Act. SEC. 5. This Act shall take effect and be in full force from and after the first Monday of March, eighteen hundred and seventy-eight. CHAP. CLXXXIX.-An Act to transfer the Swamp Land Fund The People of the State of California, represented in Senate and to transfer funds. SECTION 1. The Board of Supervisors of San Mateo Supervisors County are hereby authorized and empowered to transfer f the money in the Swamp Land Fund of San Mateo County to the General Fund of said county; provided, that the fund so transferred shall be refunded when the money is required for the purposes for which it was originally created; and the Board of Supervisors shall levy, at the same time other taxes are levied, a tax sufficient to repay the amount so transferred, or any portion thereof, when it shall be needed. SEC. 2. This Act shall take effect immediately. Suit for damages may be commenced, by whom. Damages, amount of to be ascer tained. CHAP. CXC.-An Act to enable John Hoagland and others to sue the City of Sacramento. [Approved March 11, 1876.] The People of the State of California, represented in Senate and SECTION 1. It shall be lawful for John Hoagland, James Reed, Mary Limsel, George Cooper, Rebecca C. Hoagland, William B. Todhunter, and Henry Lienberger, in his or her name and behalf, to institute an action at law, in any Court of competent jurisdiction, in Yolo or Sacramento County, in this State, against the City of Sacramento, and in such action to recover against said city the amount of damage, if any, that he or she sustained by reason of the diversion of the waters of the American River into the Sacramento River through a canal cut by the order or direction of the Levee Commissioners of said city, in the year eighteen hundred and sixty-two, above the mouth of said American River. SEC. 2. If, upon the trial of any of said cases, it shall appear that the plaintiff has sustained damage to his or her property, real or personal, by reason of said canal, and the diversion of said waters through it into the said Sacramento River, the jury, or, if a jury trial be waived, the Court shall ascertain and find the amount of such damage, at the time it Judgment. Was sustained, in United States gold coin; and judgment shall be rendered in favor of the plaintiff for the amount of said damage (together with seven per cent. per year on the same from the time said damage was sustained till the trial of said case). Liability, when to cease. Judgment to be filed. Judgment, how satisfied. Warrants, when payable. SEC. 3. The judgment provided for in the last section shall be a full satisfaction for all damage that has been, or that may be, sustained by the plaintiff, and a full release of said city from any further liability or suit on account of said canal, and diversion of said waters into the Sacramento River through the same. SEC. 4. After final judgment is rendered in any of said cases, the plaintiff may file a certified copy thereof in the office of the City Auditor of said city; and the amount of said judgment shall, from the time of filing thereof, become a debt of said city to the plaintiff. SEC. 5. Immediately after the filing of said copies of said judgments, the said City Auditor shall draw in favor of each plaintiff, or his assignee, three warrants, each warrant for one-third of said judgment, which warrant shall be made payable out of a special fund to be provided by said city for such payment. SEC. 6. The said warrants shall be numbered; and the first shall be made payable one year after its date, the second shall be made payable two years after its date, and the third shall be made payable three years after its date. Said warrants shall call for seven per cent. interest per year from their date, and shall be made payable in United States gold |