Sinking Treasurer to surrender of bonds. deemed, as hereinafter provided, and the fund derived from this tax shall be set apart and applied exclusively to the payment of the interest of the bonds herein provided. And in the year eighteen hundred and eighty-five, and annually thereafter, in addition to the tax for the payment of interest as aforesaid, a tax not exceeding ten cents on each one hundred dollars of taxable property in said county shall be levied as aforesaid, to create a fund for the final redemption of the principal of said bonds at the time when they shall become due; and any money so received by taxation shall not be applied or used for any other purpose than as herein provided. The money raised by taxation as last aforesaid, by virtue of this Act, shall be set apart and shall be called the Sinking Fund of Tehama County. SEC. 5. On the first day of February, eighteen hundred advertise for and eighty-six, and every year thereafter, whenever there remains in the Sinking Fund five hundred dollars or upwards, the County Treasurer shall advertise in a public newspaper published in said county, for the space of three weeks, for sealed proposals for the surrender of said bonds. And after the expiration of the time of publication the Treasurer shall open the sealed proposals in presence of the County Auditor, and shall pay and liquidate the bonds presented for redemption, always accepting in preference the lowest offers thus presented; provided, that the same shall not be more than their par value; and provided, if no such proposal shall be made, then the Treasurer shall advertise the amount of money in the Sinking Fund, and the number of the bond or bonds to be redeemed, to the extent of the money in the fund, taking the bonds in the order of their number outstanding, after which time such bond or bonds shall cease to bear interest. Record of SEC. 6. The County Treasurer shall keep a full and parproceedings. ticular account and record of his proceedings under this Act, and of the bonds issued, sold, surrendered, and redeemed, and on the first day of March of each year file an abstract thereof, for the preceding twelve months, with the County Auditor. Interest on paid. SEC. 7. It shall be the duty of the County Treasurer to bonds, when pay the interest on said bonds, when the same falls due, out of the money appropriated for the payment of interest thereon; and if said money is not sufficient for said purpose, then to pay the deficiency out of the General Fund. Compensa tion of SEC. 8. The Auditor and Treasurer shall be paid a Auditor and reasonable compensation for their services, which, together with the expenses of providing suitable bonds and of advertising, shall be allowed and paid as other claims against the county are paid. Treasurer. SEC. 9. This Act shall take effect and be in force from and after its passage. CHAP. XCIX.-An Act to amend an Act entitled an Act concerning lawful and partition fences in Modoc County, approved March thirteenth, eighteen hundred and seventy-four. [Approved February 25, 1876.] The People of the State of California, represented in Senate and of lawful SECTION 1. Section second of an Act entitled an Act con- Description cerning lawful and partition fences in Modoc County is fences. amended to read as follows: Section 2. Lawful fences are described as follows: First-If made of stone, three and one-half feet high, three feet base and one foot thick on the top, and well laid. Second-If it be a worm fence, the rails should be well laid, and at least five feet high. Third-If made of post and boards, the posts must be set well in the ground, not less than eighteen inches, and not further apart than eight feet. If intended to turn all stock, it shall be constructed of five boards, six inches wide and one inch thick, or four such boards, with a ditch and embankment equal to one such board, or four boards each eight inches wide and one inch thick, nailed securely to the posts; the top of the fence, when constructed, to be at least four and one-half feet from the ground, and the spaces well divided. If intended as a lawful fence, to turn only neat cattle, horses, and mules, a three-board fence shall be sufficient, the bottom board to be two feet from the ground. Fourth-If made of pickets, posts, and rails, or posts and poles, ditch or ditches, the fence must be equally strong and secure as a fence made as described in the last subdivision. Fifth-If made of wire, post and poles, ditch, pickets, hedge, brush, or of any other materials, or any combination of such fences or materials, the fence, to be lawful, must equal, in strength and capacity to turn stock, as the fences described in the third subdivision of this section. SEC. 2. This Act to take effect from and after its passage. CHAP. C.-An Act granting power to the Judge of the Municipal Criminal Court of the City and County of San Francisco to call in a County Judge to preside, under certain circumstances. [Approved February 25, 1876.] The People of the State of California, represented in Senate and Judge may SECTION 1. The Judge of the Municipal Criminal Court when of the City and County of San Francisco is hereby author- County ized and empowered, in the event of his inability, from sick- preside. ness, or other just and legal cause, to serve, to call, in the 1 County Judge of said county to preside in his stead. Should said County Judge, from any cause, be unable to preside, then the Judge of the Municipal Criminal Court shall designate a County Judge of a neighboring county to so preside. The County Judge so designated and serving instead of the Municipal Judge shall perform any and all of the duties, hear, try, adjudicate, and determine all causes and matters as are authorized and permitted to said Judge of the Municipal Criminal Court. SEC. 2. This Act shall take effect immediately after its passage. Certain orders declared legal. Same. CHAP. CI.-An Act to authorize and direct the County Treasurer of Tulare County to pay certain orders drawn on him by the Road Commissioner of said county. [Approved February 25, 1876.] The People of the State of California, represented in Senate and SECTION 1. All orders drawn on the County Treasurer of Tulare County by the Road Commissioner thereof, in pursuance of the provisions of an Act of the Legislature of the State of California, entitled "An Act to provide for the location, construction, and maintenance of public roads in the County of Tulare," approved March sixth, eighteen hundred and seventy-four, and which orders have in fact been approved by the Board of Supervisors of said county, and thereafter presented to said County Treasurer for payment, and by him indorsed "not paid for want of funds," are hereby declared to be legal and binding upon said. county, notwithstanding no record of such approval has been made or approved by the said Board of Supervisors, and the said County Treasurer is hereby authorized and directed to pay said orders in the order of their presentation to him, in all respects as if a record of such approval had been duly made and authenticated at the time said orders were presented for payment to said Treasurer. SEC. 2. The signature of the then Chairman of the Board of Supervisors of said county, written on the face of any such order prior to the time the same was presented to such Treasurer for payment, shall be prima facie evidence that such order was in fact approved by said Board of Supervisors prior to such presentation. SEC. 3. This Act shall take effect from and after its passage. CHAP. CII.-An Act to enable the Board of Trustees of the City of Sacramento to pay certain indebtedness contracted for street repairs in the said city. [Approved February 25, 1876.] The People of the State of California, represented in Senate and to pay ness. SECTION 1. The Board of Trustees of the City of Sacra- special tax mento are hereby authorized and required to levy a special certain tax, not exceeding three cents upon each one hundred dollars indebtedof all the taxable property in said city, for the purpose of paying to Philip Scheld the sum of two hundred and seventy-four dollars and fifty cents; to Fountain Brothers the sum of one hundred and thirty-five dollars; to Ryan & Miller the sum of twelve hundred and sixteen dollars and twenty-five cents; to Friend & Terry the sum of seven hundred and sixty-one dollars and thirteen cents; to John Ryan the sum of four hundred and ninety-seven dollars and seventy cents; to the estate of P. Callahan the sum of four hundred and eighty-one dollars and fifty cents; and to Turton & Knox the sum of eighteen dollars, with interest on said sums from the time when they respectively became due until paid, at the rate of ten per cent. per annum. levying. SEC. 2. Said tax shall be levied at the same time and Time and collected in the same manner as the regular annual taxes of manner of said city are levied and collected. The surplus, if any, arising from said tax, shall be paid into the Street Fund of the city but should the amount realized from said tax be insufficient to pay said sums and interest, the deficiency shall be paid out of said Street Fund. SEC. 3. This Act shall take effect and be in force from the date of its passage. CHAP. CIII.-An Act to confer additional powers upon the Board of Supervisors of the City and County of San Francisco, and upon the Auditor and Treasurer thereof, and to authorize certain appropriations of money by said Board. [Approved February 28, 1876.] The People of the State of California, represented in Senate and to issue certain SECTION 1. The Board of Supervisors of the City and supervisors County of San Francisco, is hereby authorized and empowered to appropriate, allow, and order paid out of the General warrants. Fund, the following sums, which have heretofore been allowed and ordered paid by said Board, in excess of the respective allowances provided by law, to wit: First-For the Industrial School Department, the sum of fourteen thousand dollars. Second-For the City and County Hospital Monthly allowances. and Almshouse, the sum of twenty-two thousand five hundred dollars. Third-For Small-pox Hospital, the sum of three thousand dollars. Fourth-For running expenses of Fire Department, the sum of seven thousand dollars. FifthFor repairs to public buildings, the sum of ten thousand dollars. Sixth-For advertising and election printing, the sum of twenty thousand dollars. Seventh-For inclosing and improving public grounds, the sum of ten thousand dollars. Eighth-For purposes of urgent necessity, the sum of forty thousand dollars. Ninth-For special counsel, the sum of five thousand five hundred dollars. Tenth For Street Department Fund, the sum of sixty-five thousand dollars; provided, that nothing contained in this Act shall be construed as increasing hereafter the annual appropriations allowed by law for the maintenance of the municipal gov ernment of the City and County of San Francisco, and the Board of Supervisors thereof shall not hereafter allow, in any one month, any demand or demands against any funds in the treasury of said city and county, to a greater amount than one-tenth part of the sum or sums allowed by law to be expended annually by said Board, and the Auditor shall not audit, nor the Treasurer pay, or in any manner register, recognize, or take official notice of any appropriation or allowance made in contravention of this section. Eleventh-To pay the claim of Mary Dowd, the sum of one thousand dollars. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CIV. [See volume of Amendments to the Codes.] . Supervisors streets, Act entitled "An Act CHAP. CV.-An Act supplemental to an [Approved February 28, 1876.] The People of the State of California, represented in Senate and SECTION 1. For the purpose of more effectually securing lost the sanitary purposes of the Act to which this Act is supplemental, and of abating the nuisance created by the present condition of the lands hereinafter referred to, the Board of Supervisors of the City and County of San Francisco are and street crossings. |