Delinquencypenalty of Day's labor. Commissioners disagree. Compensation. Tax. Cases excepted. Right of way. Misdemeanor. Penalty. Damages. Water not to be diverted. Land owners compensated. Arbitrators ditch; he shall keep a correct account of all work done on each ditch, and every person who shall fail to perform his allotted portion of labor, after having received two days' notice, shall be considered delinquent, and shall pay the sum of ten dollars for each and every day, recoverable at the suit of the Overseers, with costs of suit, before any competent tribunal, to be by him applied to the repair of the ditch that the said labor was due upon. SEC. 6. Eight hours shall constitute a day's labor upon any water ditch, a team of two horses shall be equal to one day's work, a plough, wagon, or scraper, shall, when used, be equal to onehalf day's work. SEC. 7. In case any water-course run through two or more townships, and the Commissioners should not be able to agree as to the amount of water to be used by each township, the County Judge, upon the application of the Commissioners, shall determine the difficulty. SEC. 8. The Commissioners and Overseers shall be allowed two dollars per day for each and every day engaged upon any water-ditch in the county, and for this purpose they are hereby authorized to levy a tax within each township, upon persons thus benefited, in proportion to the amount of water used by each. SEC. 9. When water rises on land owned by any person, it shall not be subject to the provisions of this Act, but in all cases, after it has passed beyond the limits of said lands, it may be used as provided in this Act. SEC. 10. In all cases, the Commissioners shall have the right of way to cut ditches through their county. SEC. 11. Any person using the water when it is not his right so to do, and when it belongs below him, and any person obstructing the water of any ditch, either by dam or otherwise, or, who shall throw or cause to be thrown, any filth into any such waterditch, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined in any sum not more than twenty dollars for the first offense, and fifty dollars for every subsequent offense of like nature, recoverable at the suit of the Overseers, before any Justice of the Peace of the township; to be appropriated to the payment of Overseers' salaries, or repairing said ditch. SEC. 12. In case any person or persons shall be damaged by the breaking of any ditch, the parties using such ditch shall be liable for all such damages. SEC. 13. No person or persons shall divert the waters of any river, creek or stream from its natural channel, to the detriment of any person or persons using said waters below, on any such river. creek or stream. SEC. 14. Any person or persons, who, under this Act, shall conduct water by ditch or otherwise, across the lands of any person or persons owning such land or lands, such compensation as may be agreed upon by the parties concerned, shall be paid to the owner or owners of such land or lands, and in case the parties cannot agree, each party shall appoint one arbitrator, and the two so appointed, shall select a third; the arbitrators so chosen, shall appraise the lands thus used, under oath, and their decision shall be final in the premises. Council. SEC. 15. The Mayor and Common Council of the City of San Mayor and Bernardino, shall have power to regulate the water and water privileges therein. SEC. 16. The streams at the foot of the mountain, north of the City of San Bernardino, known as Twin Creeks, are hereby incorporated, and secured, for the sole benefit and exclusive use of said city, subject to the provisions of sections fourteenth and fifteenth of this Act. SEC. 17. An Act creating a Board of Commissioners, and the office of Overseer, in each township of the several counties of this State, to regulate water-courses within their respective limits, passed May 15th, 1854, as far as the same conflicts with this Act, is hereby repealed. CHAPTER LXX. AN ACT Relating to the Official Acts of the Officers of San Mateo County, and prescribing certain duties. [Approved March 6, 1857.] The People of the State of California, represented in Senate and SECTION 1. All the official acts and proceedings of all Officers Official acts legalized elected, in and for the County of San Mateo, who are now holding offices therein, and of their predecessors in office, are hereby declared and made as legal and valid in all respects, (up to, and until, the next election of County Officers, in and for said county,) as though their election had been in all respects, legal and valid, and until the election and qualifications of their successors in office. Provided, Such officers have, severally taken the oath of office, Proviso. and shall, within fifteen days after the passage of this Act, give the official bonds required by law. It being, however, expressly provided and intended, that neither the County Judge, nor any other officer of said county, whomsoever, shall be authorized or permitted, to continue in office, or perform any official duty under authority of this Act, for a longer term than until the next general election, or, until a special election, for county officers, in said county. Provided, Such special election shall be authorized by law, prior to the next general election, and until their successors shall be elected and qualified. Meeting. SEC. 2. The Board of Supervisors shall meet at Red Wood Supervisors. City, in said county, on, or before, the first day of April next, to Notice. sit as a Board of Appeals, for the equalization of the taxes of all such persons as have not already paid the same, and the tax list as it shall be altered, amended, or confirmed by such Board, shall be legal and valid. SEC. 3. The County Clerk shall give, at least, ten days' public notice of the meeting of the Board of Supervisors, as provided in the preceding section. SEC. 4. The sheriff is hereby directed and required, to collect the residue of taxes in said county, and pay the same over, as required by law; but the time for collecting the same, and rendering account thereof, is hereby extended to the fifteenth day of April next. SEC. 5. This Act shall take effect immediately. Unlawful acts. Misdemeanor. Penalty. Fines. Take effect. CHAPTER LXXI. AN ACT To prevent the Owners of Sow-mills and other persons, from obstructing the channels of Humboldt Bay and Harbor. [Approved March 6, 1857.] The People of the State of California, represented in Senate and SECTION 1. It shall be unlawful for any owner or owners, lessee or lessees of any saw-mill, or for any other person or persons to place, throw, or deposit, or cause, permit, or suffer any person or persons in their employ, to place, throw, or deposit any saw-dust, slabs, cuttings and other refuse, in any place where the same may be washed, carried, or fall into the waters of said bay, unless it shall be prevented from escaping into the channels of said bay, by piers or bulkheads, dams, or other contrivances, first submitted to, and approved of in writing, by the Board of Supervisors of Humboldt County. SEC 2. Any person or persons violating the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined for each offense, in a sum not exceeding five hundred dollars, nor less than fifty dollars. SEC. 3. All fines so collected, one-fourth shall be allowed to the District Attorney, the informers shall receive one-fourth, and one-half shall be paid into the County Treasury, for county pur poses. SEC. 4. This Act shall take effect, from and after the first day of May next. CHAPTER LXXII. AN ACT To authorize the Board of Supervisors of the County of Stanislaus to levy an additional Tax for County Purposes. [Approved March 6, 1857.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Stanislaus County are Additional tax. hereby authorized, and it shall be lawful for said Board of Supervisors, to levy a tax, for county purposes, of any sum not exceeding fifty cents, additional, upon each one hundred dollars worth of taxable property. SEC. 2. This Act shall take effect, and be in force, from and Take effect. after its passage. SEC. 3. So much of an Act entitled "An Act to provide Repeal. CHAPTER LXXIII. AN ACT To Fund the Debt of the County of Sutter, and provide for the payment thereof. [Approved March 9, 1857.] The People of the State of California, represented in Senate and SECTION 1. In order to Fund the Debt of the County of Sutter, Treasurer which accrued from and after the first day of March, A. D. one prepare bonds. thousand eight hundred and fifty-three, and provide for the payment thereof, the Treasurer of said county shall prepare, or cause to be prepared, bonds to an amount equal to the present indebtedness of said county, with all indebtedness that shall accrue, or the consideration of which shall have accrued, on or before the first day of February, A. D. one thousand eight hundred and fiftyseven; said bonds shall be in any sum not less than one hundred sum of. Interest. Auditor and Treasurer examine warrants. Separate records Coupons. Expense of or more than one thousand dollars each, bearing interest at the rate of ten per cent. per annum from the date of their issue; said bonds shall be payable at the office of said Treasurer on the first day of January, A. D. one thousand eight hundred and sixty-five. The interest accruing on said bonds shall be due and payable on the first day of January next, after which time the interest shall be due and payable on the first days of July and January of each year, until said bonds shall be paid and liquidated. Said bonds shall be signed by the President of the Board of Supervisors, and countersigned by the County Auditor, and shall be indorsed by the Treasurer, and shall have the seal of the county attached thereto. SEC. 2. The Auditor and Treasurer of said county shall examine the original book of records of warrants issued within the time mentioned in the first section of this Act, and fund all unredeemed warrants legally issued and entered in said Auditor's book, and no others. SEC. 3. It shall be the duty of the Treasurer and Auditor of said county, each to keep a separate record of all such bonds as may be issued, showing the number, date and amount of said bonds, and to whom the same were issued. SEC. 4. Coupons for the interest shall be attached to each bond, so that the coupons may be removed without mutilation to the bond. Said coupons shall be signed by the Auditor and County Treasurer. When any interest shall be paid upon bonds issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. SEC. 5. The County Treasurer shall pay out of any money in bonds, how paid. the Treasury not otherwise appropriated, any and all expense that he may incur in having said bonds prepared, the sum so paid out not to exceed one hundred dollars. Warrants exchanged for bonds. Proviso Duty of Presi visors and Auditor. SEC. 6. From and after the passage of this Act, all persons holding county warrants, so legally issued, shall, upon presentation thereof to said Treasurer, receive in exchange therefor, a bond or bonds of the County of Sutter, as provided in this Act. Provided, That the amount so presented shall not be less than one hundred dollars. The County Treasurer shall indorse on the back of each bond or warrant redeemed by him, the date of redemption, from whom received, and keep a record of the same, giving the number, date and amount of the bond or warrants. SEC. 7. It shall be the duty of the President of the Board of dent of Super- Supervisors, and the County Auditor, once in sixty days, to appear at the Treasurer's office and examine all bonds and warrants redeemed, and cause the same to be registered, and canceled in such a manner as to prevent their re-issue or circulation. Special tax. SEC. 8. In addition to the ordinary taxes for general county purposes, there shall be this year, and annually thereafter, until the principal and interest of the said bonds to be issued shall be fully provided for by payment or otherwise, as hereinafter provided, levied and collected, in the same manner with the revenues of said county, and by the same officers, a special tax, to be called the Interest Tax, of twenty-five cents on each one hundred dollars of |