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Fees of Trustee.

in accordance with the beneficial intent and meaning of the Acts of Congress and of this State in relation thereto, and of supplying, revising, perfecting, or confirming any or all acts or omissions of the corporate authorities or City Clerk of said city, or of the Trustee hereby appointed, and of granting general relief in the premises, in accordance with sections two thousand two hundred and eighty-seven, two thousand two hundred and eighty-eight, and two thousand two hundred and eighty-nine of Article Six, Title Eight, Volume Two of the CiviỈ Code, the District Court of the Eleventh Judicial District, at any term of said Court, in and for the County of El Dorado, upon the verified petition, duly filed therein, of one or more of the parties and claimants beneficially interested in said trust, shall be deemed and taken to have jurisdiction of the subject-matter, and of all the parties and claimants aforesaid, and the final judgment of said Court in the premises shall be conclusive as to the parties and claimants interested, and as to all jurisdictional facts.

SEC. 6. The said Trustee shall receive, in full compensation for all services performed by him under this Act, from and including the execution and issuance in each case of a certificate and deed, or of a deed, where a certificate shall have been previously issued, the sum of two and one-half dollars in U. S. gold coin, to be retained by him for lands and assessments, in accordance with section six of said Act of March twenty-fourth, one thousand eight hundred and sixty-eight, and all Acts amendatory thereof and supplementary thereto.

SEC. 7. The said Trustee shall be entitled to the possession have custody

and custody of all the books, records, and papers having reference to said lands or claimants, had, held, or used by the late corporate authorities or City Clerk of said city, and shall make entries in said books of all his transactions as such Trustee, so far as practicable, in the manner required by the corporate authorities of said city by section seven of said Act of March twenty-fourth, one thousand eight hundred and sixty-eight. And when all the business herein required of said Trustee shall be completed, he shall deposit the books, records, and papers aforesaid, then in his hands, in the office of the County Clerk of the County of El Dorado, where they shall remain subject to the inspection of all persons, in like manner and with the same effect as other public records in

said office. Expenses of SEC. 8. Out of the moneys collected for assessments, as

provided in section two of this Act, the Trustee shall pay for the stationery, printing, and other necessary expenses incident to the transaction of said business; and when said business shall be completed, if any balance shall remain in his hands unexpended, he shall advertise, by one insertion in each of the newspapers published in said city, for sealed proposals for the surrender of “Fire Bonds” issued by and now outstanding against said city, and shall pay the same to the holder or holders thereof who shall in such proposal

Trustee to

of city records.

office,

Surrender of fire bonds.

agree to surrender the largest amount of such indebtedness for such money.

SEC. 9. The Act entitled “An Act to authorize the City Clerk of the City of Placerville to execute certain trusts in relation to the lands granted to said city,” approved March twenty-eighth, one thousand eight hundred and seventy-four, and all Acts and parts of Acts inconsistent with the provisions of this Act, are hereby repealed.

SEC. 10. This Act shall take effect and be in force from and after its passage.

meanor.

CHAP. CCLII.-An Act to regulate the use of artesian wells, and

to prevent the waste of subterranean waters in Santa Clara and Los Angeles Counties.

[Approved March 18, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Any artesian well which is not capped, or fur- Certain wells nished with such mechanical appliance as will readily and durikareda effectively arrest and prevent the flow of water from such well, is hereby declared to be a public nuisance. The owner, tenant, or occupant of the land upon which such well is situated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor.

SEC. 2. Any person owning, possessing, or occupying any Mindoland upon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misdemeanor.

Sec. 3. An artesian well is defined, for the purposes of “Arterian” this Act, to be any artificial well, the waters of which will well detined. flow over the natural surface of the ground adjacent to such well, at any season of the year.

SEC. 4. Waste is defined, for the purposes of this Act, to what constibe the causing, suffering, or permitting the waters flowing from such well, whether naturally or artificially raised to the surface, to run into any river, creek, or other natural water-course or channel, or into any bay, lake, or pond, or into any street, road, highway, or sewer, or upon the land of any person other than that of the owner of such well, or upon public lands of the United States or of the State of California, unless it be used thereon for the purposes and in the manner that it may lawfully be used upon the land of the owner of such well, provided, that this section shall not be so construed as to prevent the use of such waters for the proper irrigation of trees standing along or upon any street, road, or highway. SEC. 5. Any person violating any of the provisions of this Penalty for

maintaining Act may be proceeded against for a misdemeanor, in any nuisance Justice's Court of the county in which such well is located,

tutes waste.

Roadmasters to examine wells.

Appropriation.

and shall, upon conviction, be fined for each offense not less than ten or more than fifty dollars. There shall also, upon conviction had, in addition to such fine, be taxed against such party the cost of the prosecution. Such fine and costs may be enforced by imprisonment, as in other criminal cases, and the Justice may also issue an execution upon the judgment therein rendered, and the same may be enforced and collected as in civil cases.

SEC. 6. It shall be the duty of the Roadmasters to examine the artesian wells within their respective districts, and for that purpose may at all proper times enter upon the premises where such well is situated; and it shall be his duty to institute, or cause to be instituted, criminal action for all violations of the provisions of this Act, or for all public offenses defined in this Act, committed within such district.

SEC. 7. This Act shall take effect and be in force from and after the first day of July, A. D. eighteen hundred and seventy-six, and shall apply only to Santa Clara and Los Angeles Counties.

CHAP. CCLIII.-An Act to provide for the payment of the claim of John Breuner.

[Approved March 18, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Controller of this State is hereby directed to draw a warrant upon the appropriation for contingent expenses of Assembly for the sum of seventy dollars and sixty-two and one-half cents, in favor of John Breuner; said warrant to be for payment in full of his bill, dated January eighth, eighteen hundred and seventy-six, for shelves for desks of members of the Assembly, and for other purposes.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCLIV.—An Act to provide for the distribution of school money in certain counties.

[Approved March 18, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows :

Counties

SECTION 1. The County Superintendents of the Counties affected, ap of Fresno, Contra Costa, Shasta, Lassen, shall apportion the

portionment.

school moneys as follows:

First-He shall apportion five hundred dollars to each school district.

Second-He shall ascertain the number of census children required to be entitled to five hundred dollars, if a pro rata distribution of all school moneys were made, and the excess, after apportioning five hundred dollars to each school district in the county, shall be apportioned among the districts having a greater number of census children than required to be entitled to five hundred dollars, in proportion to the number in each district in excess of said number; provided, that in Fresno County, Contra Costa County, and Shasta County no district which is entitled to only one teacher shall receive more than twelve hundred dollars, and no district shall be considered entitled to two teachers unless that district sustain two separate schools, or one school which has an average daily attendance of more than sixty students, as shown by the school register of that district for the next preceding year; and if there be an excess of money in such district, it shall be redistributed among the other districts, as provided in this Act.

SEC. 2. This Act shall take effect and be in force from and after the thirtieth (30) of June, eighteen hundred and seventy-six.

Chap. CCLV.-An Act fixing the number of Supervisors of

Humboldt County.

[Approved March 18, 1876.) The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Humboldt County is hereby constituted a supervisors county of the second class, within the meaning of and for to redistrict the purposes designated by section four thousand and twentytwo of the Political Code.

SEC. 2. The Board of Supervisors of Humboldt County must redistrict said county into five supervisor districts, as nearly equal in population as may be. At the first election Election. hereafter, at which any Supervisor is by law to be elected, Supervisors must be elected for each new district to be created by virtue hereof.

CHAP. (CLVI.- An Act supplementary to an Act to incorporate

the City of Eureka, approved February tenth, eighteen hundred and seventy-four.

(Approved March 18, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Whenever a vacancy shall occur in the office Vacancies in of Mayor, or any other elective office of the City of Eureka, filled

office, how

including members of the Common Council, but excepting the office of City Police Judge, the Common Council of said city shall have power to fill such vacancy by appointment for the unexpired term of such office, and until a successor be elected and qualified ; provided, that vacancies in the office of Assessor or Tax Collector shall be filled at an election called for that purpose by the Common Council in pursuance of a city ordinance.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCLVII.-An Act to fix the terms of the County Court

of San Benito County.

[Approved March 18, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. The terms of the County Court, in and for San Benito County, shall be held on the second Monday of February and May, third Monday of August, and second Monday of November, of each year.

SEC. 2. This Act shall be in force from and after its passage.

Terms fixed.

Annual tax.

CHAP. CCLVIII.- An Act to amend an Act entitled " An Act to

incorporate the City of Eureka," approved February tenth, eighteen hundred and seventy-four.

[Approved March 18, 1876.) The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section eight of said Act is hereby amended so as to read as follows: Section 8. The Common Council shall levy, annually, on all property within the city limits, a tax not exceeding one per centum upon the assessed value thereof. Every tax due on personal property is a lien upon the real property of the owners thereof, from and after the time the personal property is assessed ; and every tax due on real property is a lien upon the property assessed.

SEC. 2. This Act shall take effect and be in force from and after its passage.

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