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Sewer to be

constructed.

Route of

sewer.

CHAP. CLXXX.-An Act to authorize the Town of Santa Clara to construct and maintain a "main public sewer," and to provide for paying the costs thereof.

[Approved March 9, 1878.]

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

SECTION 1. The Board of Trustees of the Town of Santa Clara is hereby authorized and empowered to construct and maintain a main public sewer for the purpose of the better draining of said town; said sewer to commence at any point on Franklin Street in said town the Board of Trustees of said town may deem most expedient, and run thence in a northerly direction over and along such route as said Board of Trustees may deem the most practical, to a point in what is known as the Brokaw Road, just north of the track of the Southern Pacific Railroad; thence in a northeasterly direction and along the said Brokaw Road to the Guadalupe River; the said sewer to be of such dimensions and constructed of such materials as said Board of Trustees may Condemna deem most advisable; and said Board of Trustees is hereby tion of lands. authorized and empowered, in the name of the Town of Santa Clara, by suit in the Twentieth District Court of the State of California, in and for said county, to condemn any and all lands proper or necessary for said sewer. The said Brokaw Road may be used for said sewer without condemnation ; provided, that said road be restored to as good a condition for public travel as it was before the said sewer was built.

Issuance of bonds.

Numbering of bonds.

When payable.

SEC. 2. The Board of Trustees of said Town of Santa Clara is hereby authorized and empowered, for, in behalf, and in the name of said Town of Santa Clara, to issue the bonds of said town to such amount as the Board shall see fit, not exceeding the sum of twenty thousand dollars; to sell the same and appropriate the money received therefor to the acquisition by purchase or otherwise of the right of way and to the survey, location, and construction, and maintenance of said sewer.

SEC. 3. Each of said bonds shall be numbered in regular numerical order, and shall be issued in such sums, not exceeding five hundred dollars, as said Board of Trustees shall direct; shall be signed by the President of the Board of Trustees and the Treasurer of said town, and countersigned by the Clerk of the town, and have the corporate seal of said town affixed thereto. Said bonds shall be payable to bearer in gold coin of the United States, at the office of the Town Treasurer of said town ten years after the second day of January, A. D. eighteen hundred and seventy-eight, and shall bear such rate of interest as the said Board of Trustees may determine, not to exceed eight per cent. per annum, and shall have attached thereto, in the usual form, coupons for the interest, signed by the Town Treasurer of said town, the interest to be paid semi-annually on the first of January

and July of each year, at the office of the said Town Treasurer.

Treasurer

SEC. 4. It shall be the duty of the Treasurer and Clerk of Duty of said town to make out and return to the Board of Trustees and Clerk. of said town, within twenty days after the issuance of said bonds, a list thereof, showing the number and amount of each, and to whom sold, which report shall be entered in full upon the minutes of the Board, and the original preserved in the office of the Clerk, and the Town Treasurer shall also enter such list in a suitable book, which shall be preserved in his office, open to public inspection.

SEC. 5. In providing for the sale of said bonds or their Power of redemption before maturity, and in all other cases referred Board. to in this Act, the Board of Trustees shall have the power and authority to reject any and all proposals, and to do and perform such other things concerning the construction of said sewer as to it may seem best for the interests of said town.

SEC. 6. Said bonds shall not be sold for less than ninetyfive per cent. of their nominal value.

SEC. 7. The Trustees of said town shall create a fund in “Sewer said town, to be known and called "The Main Sewer Fund," Fund." and the Town Treasurer of said town is hereby required and directed to keep a regular account upon his books with said fund. For the purpose of providing for the payment of the Tax levied. interest on said bonds, and their final payment and discharge, the corporate authorities of said town are authorized and required, annually, at the same time and in the same manner as other town taxes in said town are assessed, levied, and collected to assess, levy, and collect so long as required upon all taxable property in said town a tax of not exceeding one-fourth of one per cent. upon each one hundred dollars of such property, all of which taxes shall be paid to said Town Treasurer, and be by him placed to the credit of said Main Sewer Fund, and be applied to the payment of the principal and interest of said bonds.

of bonds.

SEC. 8. Whenever there shall be to the credit of said Redemption fund a sum of one thousand dollars in excess of the amount that will be required to pay the semi-annual interest_next thereafter to be paid on said bonds outstanding, the Board of Trustees of said town is authorized and empowered to direct and require the Town Treasurer of said town to call in the bonds in the order in which they were issued, commencing at the lowest number not redeemed, and notifying their holders by advertisement in a paper published in said Town of Santa Clara, for four consecutive weeks, and for thirty days in a newspaper published in the City and County of San Francisco, that interest will cease after said notification. No bond shall be redeemed, however, at a price greater than its nominal value and the interest then due thereon.

SEC. 9. The said Town of Santa Clara shall not have the stipulation power to issue bonds for the payment of any indebtedness placed on other than is provided by the preceding sections of this Act,

town.

until the bonds issued under the provisions of this Act are fully paid and redeemed, and a clause to that effect shall be inserted in each of the bonds hereby authorized to be issued, and shall constitute and become a part of the contract between the holders of said bonds and the said Town of Santa Clara.

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

Public nuisance.

Division of county into

CHAP. CLXXXI.-An Act to provide for the extermination of squirrels in the County of San Mateo.

[Approved March 9, 1878.]

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

SECTION 1. Squirrels in the County of San Mateo are hereby declared to be a public nuisance, and it shall be the duty of the Board of Supervisors of said county to make provisions for their extermination, and the Squirrel Inspectors herein provided for shall have full power to enter upon private property for the purpose of exterminating squirrels in the manner provided in this Act.

SEC. 2. The Board of Supervisors shall, by ordinance, district entered upon their journal, divide said county into a convenient number of squirrel districts, defining their boundaries, and appoint a Squirrel Inspector for each district, requiring from each a bond for the faithful discharge of his duties under this Act and the ordinance of the Board of Supervisors passed hereunder, in such sum as the said Board shall deem necessary.

Tax levied.

Period for poisoning.

Inspector

to give notice.

SEC. 3. At the time of levying the county taxes in each year, the Board of Supervisors may levy a special tax, in such sum as they shall deem necessary, not exceeding thirty cents on each one hundred dollars of the taxable property in said county, to be assessed, levied, and collected as and at the same time as other county taxes, and, when collected, to be paid into the county treasury, to the credit of a special fund to be known as the "Squirrel Fund."

SEC. 4. The Board of Supervisors shall, by ordinance, prescribe a period in each year in and during which it shall be the duty of each and every owner of land in said county to thoroughly poison and exterminate the squirrels upon his land, and also to fix and prescribe a price per acre which shall be allowed the land owner for poisoning and exterminating the squirrels upon his land. The Squirrel Inspector in each district shall give to every land owner in his district at least ten days' notice, in writing, of the time when and within which he is required to poison the squirrels upon his land under this Act, and the price per acre which will be allowed him therefor. Such notice shall be given by delivery of the same to the land owner in person, or leaving the

same at his residence, if he reside within the district; otherwise, by posting the same in some safe and conspicuous position upon the land.

certificate.

SEC. 5. If the land owner shall, within the period so Inspector fixed and prescribed, poison and exterminate the squirrels to give upon his land, it shall be the duty of the Squirrel Inspector, or upon being satisfied thereof, to give to the land owner a certificate of the fact, stating the quantity of land and the sum of money to which the land owner is entitled on account thereof, which certificate shall accompany the demand which may be presented to the Board of Supervisors by the land owner for payment of the sum to which he may be entitled under this Act. Such demand, when approved and allowed by the Board of Supervisors, shall be payable out of the Squirrel Fund of the county.

poison.

SEC. 6. If any land owner shall fail or neglect to poison Failure or and exterminate the squirrels upon his land within the neglect to period so fixed, it shall be the duty of the Squirrel Inspector of the district, immediately upon the expiration of such period, to enter upon the land and thoroughly poison and exterminate the squirrels thereon, and also upon all public lands and highways in said district.

tion of

SEC. 7. The Squirrel Inspector shall be allowed for his compensaservices under this Act, payable out of the Squirrel Fund, Inspector. three dollars per day for the time actually employed in giving the notices and certificates herein provided for, and the same price per acre for poisoning squirrels as that prescribed for land owners for the same service, to be audited and allowed by the Board of Supervisors upon presentation of properly authenticated demands therefor. Warrants upon the Squirrel Fund may be drawn in anticipation of the levy and collection thereof for the years eighteen hundred and seventyeight and eighteen hundred and seventy-nine.

SEC. 8. The Board of Supervisors may pass such orders Power of and ordinances as may be proper and necessary to fully Board. carry into effect and accomplish the purposes of this Act.

SEC. 9. All Acts and parts of Acts in conflict 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.

CHAP. CLXXXII.-An Act to legalize the acts of the Board of Supervisors of Lake County, in the matter of the survey and construction of the Kelly Cañon Road, in said county.

[Approved March 9, 1878.]

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

SECTION 1. All acts and orders made by the Board of Acts Supervisors of Lake County, in relation to the survey, loca- legalized. tion, and construction of what is known as the Kelly Cañon

Road, between the Town of Lower Lake and Morgan Valley, in said county, are hereby legalized and confirmed.

SEC. 2. This Act shall take effect immediately.

Board of Equalization.

Power of same.

Power of members.

CHAP. CLXXXIII.—An Act to amend an Act entitled "An Act to re-incorporate the City of Stockton," approved March twenty-seventh, A. D. one thousand eight hundred and seventy

two.

[Approved March 12, 1878.]

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

SECTION 1. Section eighteen of said Act is hereby amended to read as follows: Section 18. The City Council, or a committee of their number appointed for that purpose, shall constitute a Board of Equalization, and shall, after the Assessor shall have completed and handed in his assessment list, and after ten days' notice, published in some newspaper in said city, hold their meetings to hear and determine all complaints respecting the valuation of property as fixed by the Assessor in such list, and shall have power, on their own motion or before complaint made, to modify and change such valuation in any way they shall deem just and proper; provided, however, that before making any change in any assessment the Board shall notify the person interested, by letter, deposited in the post-office or express, post-paid, and addressed to such person, at least three days before action taken, of the day fixed when the matter will be investigated; and provided further, that no reduction must be made in the valuation of property unless the party affected thereby, or his agent, makes and files with the Board a written application therefor, verified by his, oath, showing the facts upon which it is claimed such reduction should be made. Any member of said Board shall have power to administer oaths and affirmations in the matters before said Board, and the sessions of said Board shall be held from time to time, as in its notice specified, for the period of two weeks and no longer.

SEC. 2. This Act shall take effect immediately.

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