Слике страница
PDF
ePub

SEC. 3. Each of the regular terms of said Probate Court shall, either with or without intermediate adjournment, continue to the commencement of the next term.

Public highways.

Road districts.

Road poll-tax.

Property

tax?

Tax receipts.

Same.

CHAP. CCCCLV.-An Act to provide for the maintenance and construction of roads and highways in the County of Mariposa.

[Approved March 31, 1876.]

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

SECTION 1. All roads in the County of Mariposa are hereby declared to be public highways, which are now and have heretofore been used as such, and which have been declared such by order of the Court of Sessions or the Board of Supervisors, or which may hereafter be declared public highways by said Board of Supervisors in accordance with the provisions of this Act.

SEC. 2. For all of the purposes of this Act, the road districts as now established shall be the road districts of said county, within the meaning of this law, and said districts may be changed, or new ones created by the Board of Supervisors of said county, whenever they may deem it necessary. SEC. 3. The said Board of Supervisors are hereby empowered to levy a road poll-tax on all able-bodied men between the ages of twenty-one and fifty years, which tax shall not exceed the sum of three dollars per capita per annum, payable in gold coin. Said road poll-tax shall be levied by the Board of Supervisors at their last regular meeting in each year, for the year succeeding, which tax shall be due and payable on or after the first Monday in January thereafter; and said Board of Supervisors shall, in their discretion, levy a property tax for road purposes upon all taxable property in said County of Mariposa, of not more than thirty cents upon each one hundred dollars' valuation, which property tax shall be levied and collected at the same time, in the same manner, and by the same officers as other property taxes.

SEC. 4. The said Board of Supervisors shall cause to be issued proper blank road-tax receipts, to be printed in a uniform manner, which shall be numbered consecutively, and upon issuance, signed by the Chairman and Clerk of said Board. Said Chairman and Secretary shall deliver the said receipts, from time to time, to the Collector, taking his receipt for the same; and the said Clerk shall always keep an account of his transactions, open to the inspection of all or any of said Board of Supervisors.

SEC. 5. Any person who shall willfully issue, pass, or sell, or transfer, or who shall forge or fraudulently issue any receipt or receipts for said road poll-tax, contrary to the spirit of this Act, shall be guilty of a misdemeanor, and on

conviction thereof shall be fined in a sum not less than ten nor more than one hundred dollars.

to let

roads.

SEC. 6. It shall be the duty of the Board of Supervisors of Supervisors said county, at their regular meeting in August, A. D. eigh- contracts for teen hundred and seventy-six, and on each regular meeting repairing in the month of August of each subsequent year, to advertise for bids for the keeping of the roads of the various road districts in good and efficient repair for the period of one year from the time of the awarding of such contract. Each bid shall be accompanied by two sureties for the faithful performance of the contract, subject to the approval of the said Board of Supervisors. Such bids or proposals shall be advertised by the Board of Supervisors in some paper published in Mariposa County, for the period of thirty days, and such advertisement shall clearly designate the roads for which contracts are to be given. At the next regular meeting of said Board of Supervisors, in November following, the said Board shall proceed to open the bids, and shall award the contract to the lowest responsible bidder; provided, that the Board shall have the right to reject any and all bids if, in their judgment, they are too high; in which case, in any road district or districts where no bid has been made, or where any or all bids have been rejected, the Board shall appoint some suitable person to do the requisite work, or supervise its performance, at a salary of three dollars per diem for such time as he is actually engaged in said labor, and the Board may authorize the employment of such assistance as, in their judgment, may be deemed necessary.

of road

poll-tax.

SEC. 7. It shall be the duty of the Collector, upon entering Collection into office, to proceed to collect the road poll-tax from any person liable to said tax he may find in Mariposa County, and no person shall be deemed or held to have paid said taxes unless he shall be able to exhibit a receipt therefor, or testify, upon oath or affirmation, that he has paid the same; and for all the purposes of this Act the Collector is hereby authorized to administer oaths and affirmations upon any person who may be liable, refusing, upon demand upon himself or his agent, to pay his road poll-tax. It shall be the duty of the Collector to enforce the collection of the same, by seizing so much of any species of personal property, debts, or choses in action whatsoever, of the delinquent; and if none such can be found, then by levying upon and seizing so much of the real property of the delinquent as will be sufficient to pay such tax, and cost of seizure and sale; and shall, and may, sell the personal property at any time and place, upon giving verbal notice of one hour previous to such sale; and shall, and may, sell the realty in the manner prescribed for Sheriffs' sales under execution; and any person sales of indebted to another, liable to pay said tax, shall be liable to property pay the same for such other person, after service upon him by the Collector of a written notice, stating the name or names of the person or persons liable and owing said tax, and the party paying is hereby authorized to deduct the amount thereof from such indebtedness. The Collector, after deducting the tax for which property was sold, and

for taxes

Road Fund.

Assessor to
collect
poll-tax.

such fees and costs as would accrue to Sheriffs for like services, shall return the surplus to the owner of the property. A delivery of the possession of personal property by the Collector to any purchaser shall be a sufficient title to the purchaser, or, if required by the purchaser, the Collector shall execute a bill of sale. The Collector shall have a right to demand of any employer in his district a complete list of the names of the men employed by him; and any employer refusing or neglecting to give such list, when demanded of him by said Collector, shall be liable to pay a fine of not less than ten dollars nor more than fifty dollars, to be recovered before the Justice of the Peace, in the name of the Collector, for the use of, and to be paid into the Road Fund of said county. He may also demand of each employer a statement, under oath, touching his indebtedness to the laborers employed by him who are liable to pay road poll-tax, and if it shall appear, upon statement being made, that such employer is indebted to any person liable to pay poll-tax in any amount equal to said tax due by him, the Collector may demand payment of said taxes from such employer; and if such employer refuse or neglect to pay the same, the said Collector, in his own name, may proceed to collect the amount from him by suit, and, if recovered, the Collector shall deliver to the employer the road poll-tax receipts of those whose taxes are thereby paid; and in all suits under this Act the Collector shall be a competent witness.

SEC. 8. All moneys collected under the provisions of this Act shall be paid into the treasury of the County of Mariposa, the County Treasurer receipting therefor to the Collector, and shall be known as the County Road Fund.

SEC. 9. The Auditor of Mariposa County is authorized to draw warrants for amounts voted by or sanctioned by the Board of Supervisors, and the Treasurer is empowered to pay the same; provided, that in such disbursements the Supervisors shall not at any time exceed the deposits from said fund in excess of one thousand dollars.

SEC. 10. The Assessor of Mariposa County is hereby authorized and empowered to act as the Road Poll-tax Collector for said county. He shall receive as compensation ten per cent. on the amount collected.

SEC. 11. This Act shall take effect from and after July thirtieth, eighteen hundred and seventy-six. Nothing in this Act shall be so construed as to render vacant any office of Roadmaster or Overseer, until the award shall have been made for the care of said roads as provided for in this Act. SEC. 12. All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are repealed when this Act goes into effect.

CHAP. CCCCLVI.-An Act to authorize corporations to own and improve the lots and houses in which their business is carried on.

[Approved April 1, 1876.]

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

SECTION 1. By unanimous consent of its members or may hold stockholders, any corporation existing under the laws of lot, etc. this State may acquire and hold the lot and house in which its business is carried on, and may improve the same to any extent required for the convenient transaction of its business. SEC. 2. This Act shall take effect immediately.

CHAP. CCCCLVII.-[See volume of Amendments to the Codes.]

CHAP. CCCCLVIII.-An Act to authorize the City of Oakland to construct a bridge across the estuary of San Antonio, between Eighth Street and East Ninth Street.

[Approved April 1, 1876.]

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

SECTION 1. The City Council of the City of Oakland is city Council hereby authorized and empowered, in its discretion, to order may order bridge conthe construction of a wooden bridge across the estuary of San structed. Antonio, from Eighth Street, on the westerly shore of said estuary, to East Ninth Street, on the easterly shore of said. estuary. Said bridge may be constructed in such manner, of such dimensions, and with such materials as the City Council shall, by ordinance, direct; provided, however, that the cost, including incidental expenses of constructing said bridge, shall not exceed the sum of thirty thousand dollars.

SEC. 2. The Council shall cause to be prepared plans and Plans, prospecifications of said bridge, and shall advertise for fifteen posals, etc. days, daily, in one newspaper published in Oakland and one published in the City and County of San Francisco, for sealed proposals for constructing said bridge. The work must be awarded to the lowest responsible bidder, the Council having the right to reject any or all bids. The work shall be done and materials furnished under the supervision and direction, and to the satisfaction of the City Engineer.

SEC. 3. The contract price of said bridge, the cost of the Costs, how plans and specifications, the Engineer's fees, the cost of assessed.

Limits of

lands affected.

Commission

ers, powers of, etc.

advertising, the expenses and salaries of the Commissioners hereinafter mentioned, and all other expenses whatsoever incidental to the building of said bridge, shall be held and considered to be the cost of said bridge, and their sums shall be assessed on the lands mentioned and described in the following section of this Act, in proportion to the benefits accruing therefrom to said several lots, subdivisions, and pieces of land respectively, which said lands are hereby declared to be benefited by the construction of said bridge.

SEC. 4. The lands referred to in the preceding section as those upon which the cost of building said bridge shall be assessed, as said cost is defined in this Act, are all the lots, pieces, and subdivisions of land (excepting public streets and highways included therein) within the following described limits, that is to say:

First-Beginning at a point in the easterly line of Wood Street one hundred feet northerly from the northerly line of Eighth Street, and running thence easterly and parallel with said northerly line of Eighth Street to the highest tide line on the westerly shore of the estuary of San Antonio near Fallon Street; thence southerly along said highest tide line to a point one hundred feet southerly from the southerly line of Eighth Street measured at a right angle to said street; thence westerly and parallel with the southerly line of Eighth Street to the easterly line of Wood Street; thence northerly along the easterly line of Wood Street to the point of beginning.

Second-Beginning at a point on the easterly line of Third Avenue one hundred and fifty feet southerly from the southerly line of East Ninth Street; running thence easterly and southerly and parallel with East Ninth Street to the highest tide line on the northerly shore of San Antonio Creek; thence northerly and easterly along said highest tide line to a point one hundred and fifty feet from the northerly line of East Tenth Street produced; thence westerly and parallel with the northerly line of East Tenth Street to the highest tide line on the easterly shore of the estuary of San Antonio; thence southerly to the point of beginning.

SEC. 5. Within ten days after the contract for said work has been signed, the City Council shall, by ballot, elect three Commissioners, residents and property owners in said city, not interested, directly or indirectly, in the property described in section four of this Act, to assess and apportion the cost of said bridge upon the land heretofore described as benefited by the construction of said bridge. Within two days thereafter, said Commissioners shall qualify and proceed to assess upon the lands heretofore described in section four of this Act, a sum not to exceed thirty thousand dollars, sufficient to pay the whole contract price of said bridge, the salaries and expenses of said Commissioners, including clerk hire, maps, Engineer's fees, advertising, cost of plans and specifications, and all other expenses whatsoever incidental to the building of said bridge; and shall assess said sum upon the several pieces, parcels, and subdivisions of land (hereinbefore described as benefited by said work), in proportion

« ПретходнаНастави »