Road polltaxes. Apportionment of road poll-taxes. same. tion in some newspaper published in the county, and by posting a copy thereof in three public places in the road district where the work is to be done or materials are to be furnished, calling for sealed proposals to perform or furnish the same, stating the amounts or description, or reference to specifications thereof, and the time within which the same is to be completed. In all cases where the cost of the work or materials so to be done or furnished shall not exceed one hundred dollars, the Road Overseer may cause the same to be done or procured without proposals being advertised for. And in any case when, from any sudden and unforeseen cause, any road, bridge, or culvert, or any part of either, shall be destroyed, or so materially injured as to stop or in a great degree impede travel on such highway, to the serious disadvantage of the inhabitants of the county if such injury was not immediately repaired, the Road Overseer shall, with the written consent of the Supervisors of the supervisor district in which his road district may be, cause the necessary work and materials to be done and furnished without proposals being called for as heretofore directed; provided, the cost thereof shall not exceed three hundred dollars. SEC. 16. Every male inhabitant of any road district in said county (Indians excepted), over the age of twenty-one and under the age of fifty-five years, shall pay, annually, a road poll-tax of three dollars. Such poll-tax shall be due, payable, and collected at the same time and in the same manner as provided for the collection of other poll-taxes, and there shall be no commutation fee. SEC. 17. The Assessor shall keep a separate account of the road poll-tax collected by him in the several road districts, and shall report to the Board of Supervisors, monthly, on the first Monday of each month, showing the amount of money received on account of road poll-taxes in the county, and from each district thereof; and the Board of Supervisors shall apportion such money to the district from where the same was collected, and the same shall be expended therein by the Overseer, unless the Board of Supervisors order to the contrary. Collection of SEC. 18. The road poll-tax shall be collected by the Tax Collector of the county at the same time that other polltaxes are collected, and he shall receive a compensation therefor of eight per cent. on the amount collected, and the payment thereof may be enforced in the same manner as by law provided for the collection of other poll-tax for State or county purposes. Such tax shall be paid between the first Monday of March and the first Monday of August, and if not paid prior to the first Monday in August, then there shall be due and collected, from each person liable to pay such tax, the sum of four dollars. SEC. 19. The Board of Supervisors must provide blank road poll-tax receipts, to be signed by the Clerk of the Board, and deliver to the County Assessor a number equal to the number of inhabitants in the county liable to the payment of such tax, charge him therewith, and credit him on settlement with the number returned. SEC. 20. The County Assessor shall make settlements and Assessor to pay over to the County Treasurer, on the first Monday pay over. of each month, all road poll-taxes collected, less his percentage; and said Collector and his sureties shall be liable on his official bond, as such Collector, for the faithful performance of his duties under this Act. SEC. 21. The provisions of Chapter II., Title VI. of the Political Code, so far as they do not conflict with the provisions of this Act, are applicable to Humboldt County; and for the purposes of this Act said county is a county of the second class. SEC. 22. All Acts or parts of Act in conflict with the provisions of this Act are hereby repealed. SEC. 23. This Act shall take effect from and after its passage. CHAP. CCCXXXIX.-An Act to amend an Act to provide for establishing, maintaining, and protecting public and private roads in the County of Colusa, approved March twenty-sixth, eighteen hundred and seventy-four. [Approved March 25, 1876.] The People of the State of California, represented in Senate and to levy SECTION 1. Section sixteen of said Act is hereby amended Supervisors to read: At the session of the Board of Supervisors for levy- property ing State and county taxes, the Board shall levy upon all road tax. taxable property in the county a tax for road purposes, of not exceeding more than thirty cents upon each one hundred dollars' worth of taxable property, which tax shall be levied and collected as other taxes are levied and collected, and on the first Monday in February in each year the Board of Supervisors shall levy upon every male inhabitant of the county (except Indians), over twenty-one and under sixty years of age (not exempt by law), a road poll-tax of two dollars. Said tax, together with the poll-tax, shall be paid into the county treasury and apportioned to the County Road Fund, and distributed among the several revenue districts as hereinafter provided for. The provisions of sections thirty-eight hundred and forty, thirty-eight hundred and forty-one, thirty-eight hundred and forty-three, thirty-eight hundred and forty-five, thirty-eight hundred and forty-six, thirty-eight hundred and forty-seven, thirtyeight hundred and fifty-four, thirty-eight hundred and fiftyseven, thirty-eight hundred and fifty-eight, thirty-eight hundred and sixty, and thirty-eight hundred and sixty-two of the amendments to the Political Code are hereby adopted and made a part of this Act. SEC. 2. This Act shall take effect immediately. CHAP. CCCXL.-[See volume of Amendments to the Codes.] Appropriation. CHAP. CCCXLI.-An Act to appropriate the sum of thirteen thousand dollars, to make certain repairs on the State Normal School, and to provide furniture therefor, and also to provide for a deficiency in the appropriation for the twenty-sixth and twenty-seventh fiscal years, for said school. [Approved March 25, 1876.] The People of the State of California, represented in Senate and SECTION 1. The sum of thirteen thousand dollars is hereby appropriated, out of any moneys in the General Fund not otherwise appropriated, to be applied as follows: The sum of eight thousand dollars, to pay for certain repairs and furniture for the State Normal School; and the sum of five thousand dollars, to be used in paying the deficiency in the appropriation for the twenty-sixth and twenty-seventh fiscal years. SEC. 2. The Controller of State is hereby directed to draw his warrant upon the State treasury, in favor of the Board of Trustees of the State Normal School, for the aforesaid thirteen thousand dollars. SEC. 3. This Act shall take effect from its passage. Constable to take up animals. Fee. CHAP. CCCXLII.-An Act to prevent stock from running at The People of the State of California, represented in Senate and SECTION 1. Any Constable, in any township or incorporated town in the County of Marin, finding any horse, mare, colt, mule, jack, jenny, horned cattle, calf, hog, sheep, or goat, or any number of such animals, running at large, without some one in charge, upon any road, street, highway, park, or common, except such roads as are not fenced, it shall be his duty to take up and safely keep, in some suitable place, such animal or animals, at the expense of the owner or owners, for ten days; and shall be allowed for taking up and keeping said animal or animals the following-named sums: For the taking up of any one of said animals, one dollar; but where two or more are taken from the same place, fifty cents for each animal taken; and for the keeping of each horse, mare, mule, jack, jenny, colt, or horned cattle, the sum of fifty cents per day; for each calf, hog, sheep, or goat, the sum of fifteen cents per day. It shall be the duty of said Constable to care for, feed, and water such animals while so detained. The Constable may appoint some suitable person to keep any of such animals. owners. SEC. 2. When the owner or owners of such animal or Notice to animals are known, or when the owner can be ascertained by a search of the marks and brands in the office of the Justice of the Peace in the township or incorporated town, and any Constable taking up any marked or branded stock shall search the records of said Justice's office to ascertain such ownership; and if the owner or owners reside in or near the township or incorporated town, they shall be forthwith personally notified; but if at a great distance from said place of detention, the notice of said detention shall be served by depositing the same, postage paid, in the nearest post-office, directed to the owner at the post-office nearest to his residence. When the owner or owners are not known, written notices, containing a description of the animal or animals, its or their marks or brands, if any, and the place of detention, shall immediately be posted conspicuously in three of the most conspicuous public places in the township or incorporated town. sale. SEC. 3. At the expiration of ten days, if the animal or Notice of animals have not been applied for, and sooner, if they have, and the owner refuses to pay the fees and costs due said Constable for the taking up and keeping said animal or animals, the Constable shall proceed to advertise by posting notices in three conspicuous places in the township or incorporated town for at least five days, setting forth the time and place, the amount of costs and fees due him, and that if not claimed, and all costs and fees paid prior to such time, that he shall proceed to sell such animal or animals to the highest bidder for cash. The Constable, upon selling, 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 surplus of the proceeds Surplus of such sale, after paying all costs and fees, shall be paid by proceeds. said Constable to the owner of such animal or animals upon demand, if demanded within three months from the date of sale; if no demand be made at the expiration of that time, the money shall be paid immediately into the county treasury for the benefit of the County School Fund. SEC. 4. Any owner or owners of any animal or animals Owners may seized under the provisions of this Act, may, at any time redeem. previous to the sale, demand and shall be entitled to the possession of such animal or animals, or for so many as he may claim, upon his making satisfactory proof of ownership, and by paying his proportion of the fees and costs; and after the sale may, at any time within three months, redeem such animal or animals by producing satisfactory proof of his right thereto, and by paying the purchaser the amount of the purchase money, with interest at the rate of one per cent. per month. Records of sales. Fees. Misde meanor. SEC. 5. The Constable shall keep a book, which shall be open to public inspection, and shall make a record therein of all sales made by him under this Act, a description of the animal or animals sold, the price paid, the name of the purchaser, amount of fees and costs, and the amount of surplus money, if any, arising from such sale; and if such surplus money shall be received by the owner of any animal, he shall receipt for it on the margin opposite such record; and the Constable shall, without fee, give this book over to his successor in office, and also any surplus money in his hands arising from any sale made by authority of this Act; and a receipt from his successor shall be a legal discharge to the retiring Constable for all such sums paid. SEC. 6. The fees of the Constable for advertising, serving, and posting notices under this Act shall be the same as allowed by the general fee bill for similar services in other civil actions in the county. SEC. 7. Nothing in this Act shall be so construed as to prohibit persons from driving stock of any description upon any road, street, or highway, for the purpose of moving said stock from one place to another, or from passing from one county to another, nor from driving to any natural watering place, or from driving them from one inclosure to another. SEC. 8. Any person or persons who shall take away or turn loose, or cause to be taken away or turned loose, any of said animals or animal so detained, without the consent of the Constable, is guilty of a misdemeanor. SEC. 9. This Act shall take effect from and after its passage. Printing of delinquent tax list. CHAP. CCCXLIII.-An Act to amend an Act entitled an Act regulating the collection of delinquent taxes in the County of Alameda, approved April fourth, eighteen hundred and seventy. [Approved March 25, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section three of said Act is hereby amended so as to read as follows: Section 3. Publication of said delinquent list shall be made one time per week, for three successive weeks, in some newspaper or supplement thereto, published in the City of Oakland, as herein provided. On the first Monday of December in each year the Mayor, Clerk, and Tax Collector of the City of Oakland, or any two of them, shall cause notice to be given in one daily newspaper published in the City of Oakland, of the time when and place where they will receive sealed proposals for printing said delinquent list. Said notice shall be published daily for four days. At the time and place designated in said notice the Mayor, Clerk, and Tax Collector of the City of Oakland, or any two of them, shall publicly open and declare |