Filing of complaint. Actions; against whom instituted. place of taking up, the notice of such detention, and the reason therefor, shall be served by depositing the same, postage paid, in the nearest post-office, directed to the owner at a post-office at or near his or their place of residence. When the owner or owners are not known to the person taking up the animals, written notices containing a description of the animals, their marks and brands as nearly as can be reasonably ascertained, and stating the cause of detention, shall be posted conspicuously in three public places in the township. SEC. 2. Section three of said Act is hereby amended to read as follows: Section 3. At the expiration of ten days, if the animal or animals have not been applied for, or if they have, and the parties do not agree on the amount of damages and compensation, the taker up shall file a complaint, verified by his oath, with the Clerk of the District Court, setting forth the nature and location of the alleged damages, the amount he claims against said animal or animals, and that he actually sustained the damages claimed. SEC. 3. Section four of said Act is hereby amended to read as follows: Section 4. When the owner is known, the action shall be against such owner or owners, and the summons shall be served and returned as in other actions; when the owner or owners are not known, the action shall be against the property in rem., and the summons shall be directed to unknown owner or owners of said animal or animals, describing them therein; and any action thus commenced may include all the animals found doing damage, whether of one or more marks or brands, and the summons shall be served by the Sheriff of the county by posting a copy at the Court-house door in San Diego City, and shall be returnable in not less than ten days from its date, and shall be posted up at least eight days before the trial; and no judgment shall be entered up under the provisions of this Act by default, but the damage done shall be proven by one or more creditable witnesses. If judgment be in favor of plaintiff, the property may be levied upon and sold as other personal property seized on execution; provided, that no animal shall be exempt from execution and sale to satisfy a judg ment that may be obtained for damage done by such animal. If the judgment be for the defendant, the plaintiff shall pay such costs and damages as may be awarded by the Court. The officer selling property under this Act shall give a bill give bill of 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 overplus of the proceeds of such sale, after satisfying the judgment and costs, shall be paid on the order of the Court to the owner or owners of the animals sold, if demanded within three months from the date of sale; otherwise, at the expiration of three months it shall be paid into the county treasury, for the benefit of the County School Fund. Officer to sale. Duty of SEC. 4. Section six of said Act is hereby amended to read as follows: Section 6. The Clerk of Court shall make a record in his docket of all animals sold under the provisions of this Act, which shall be open to inspection, which record shall contain the description of the animals, their marks and brands, the name of the purchaser, his usual place of residence, the amount of purchase money, damages, fees, and charges, and the surplus money, if any, arising from each sale; and if said surplus money shall be received by the owner, he shall receipt for it on the margin of the docket. SEC. 5. Section seven of said Act is hereby amended to Fees. read as follows: Section 7. The fees of all officers for services required under this Act shall be the same as allowed for similar services in other civil actions. ered. sary in proceedings. SEC. 6. The said Act is hereby further amended by the addition of the following sections, to be known as sections thirteen, fourteen, and fifteen of said Act, and to be in full. force and effect as a part thereof: Section 13. The owner Damages; or occupant of lands, whether inclosed or not, upon which how recov damage has been done by any of the animals referred to in this Act may, instead of pursuing the remedy given in this Act, have an action in any Court of competent jurisdiction against the owner of such animal, for damages and the cost of keeping the animals, as in this Act specified, up to the time of trial of said action. Section 14. If the owner or Consideraoccupant of land intends to institute proceedings under the tons neces preceding section, he must: First, within ten days after instituting the damage was done, cause the same to be viewed and estimated in writing by two residents of the county, competent to be witnesses on the trial of such action; second, such action shall be brought within ten days after the damage was done. Section 15. For the purpose of allowing the plaintiff better security for the payment of any judgment he may recover in actions brought under the two preceding section of this Act, all the provisions of the Code of Civil Procedure of this State, relating to attachment process, shall apply to such actions, subject only to the modifications herein contained, to wit: Instead of filing the affidavit on attach- Writ of ment required by sections five hundred and thirty-eight and attachment. eight hundred and sixty-six of said Code, the plaintiff is entitled to the issuance of a writ of attachment against the property of the defendant, upon filing his complaint stating a cause of action, verified according to the law concerning the verification of pleadings. SEC. 8. This Act shall take effect and be in force from and after its passage. CHAP. CC.-[See volume of Amendments to the Codes.] Compensation of certain officials. CHAP. CCI.-An Act to amend an Act entitled an Act to incorporate the Town of Colusa, approved April first, eighteen hundred and seventy-six. [Approved March 14, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section twenty-two of said Act is hereby amended to read as follows: Section 22. The Board of Trustees shall regulate and fix, by ordinance, the compensation to be paid to the Town Recorder, Marshal, Treasurer, and Secretary; provided, that the Town Recorder shall not receive, as compensation for his services, more than six hundred dollars annually, nor the Town Marshal more than fifteen hundred dollars annually, nor the Town Treasurer more than one hundred dollars annually, nor the Town Secretary more than three hundred dollars annually, which amounts, when collected, shall be paid out of the town treasury; and all fines, fees, or other compensation received by any of said officers shall be paid by them into the town treasury to the credit of the Common Fund. But in no case shall any services performed by any of said officers be a charge against the County of Colusa. SEC. 2. This Act shall take effect from and after its pas sage. Compensa tion of Sheriff. Salary of CHAP. CCII.—An Act to amend an Act entitled an Act to fix the salaries and compensation of certain officers of Butte County, approved March twenty-seventh, eighteen hundred and seventy-four. [Approved March 14, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section five of said Act is hereby amended so as to read as follows: Section 5. The Sheriff shall receive in full compensation for services of himself, deputies, jailers, and assistants, the sum of five thousand dollars per year, to be paid quarterly out of the General Fund, and mileage, as now provided for by law, in criminal cases only. He shall also be allowed to retain for his own use, the amount allowed by the State for the conveyance of prisoners to the State Prison, and the conveyance of insane persons to the Insane Asylum. He shall also be allowed for the boarding of prisoners, a sum not to exceed twenty-five cents per meal, and not to exceed fifty cents per day. SEC. 2. Section eight of said Act is hereby amended so as to read as follows: Section 8. The District Attorney shall receive a salary of two thousand dollars per year, payable monthly. He is hereby authorized and empowered to appoint a deputy to reside at Chico, who may be removed at the pleasure of the District Attorney, and who shall receive a salary of fifty dollars per month, payable in the same manner as the District Attorney is paid. In addition to the above, the District Attorney shall be allowed to charge and receive ten per cent. upon all forfeited bonds and recognizances collected by him or his deputies. He shall also be allowed to charge and receive for each conviction had by him or his deputies, and which shall be collected from the fines paid. by the defendant, and in no case to become a county charge, the following fees: Under the Act to prohibit gaming, lotteries, etc., fifty dollars; for each conviction for felony, twenty-five dollars; for each conviction for misdemeanor, fifteen dollars; also, the fees provided for in sections one thousand eight hundred and forty-eight, and three thousand five hundred and thirty-three, Political Code. SEC. 3. All Acts and parts of Acts in conflict herewith are hereby repealed. SEC. 4. This Act shall take effect and be in force on and after the first Monday in March, one thousand eight hundred and seventy-eight. CHAP. CCIII.-An Act to provide a fund for the payment of certain indebtedness of Humboldt County. [Approved March 14, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Humboldt County Authorizing are hereby authorized to examine, and if found correct, to of claims. allow and approve all claims against said county accruing prior to the first day of July, A. D. eighteen hundred and seventy-eight, and to direct that the same be paid out of the fund created by this Act. claims. SEC. 2. Interest shall be allowed on each claim referred Interest on to in the preceding section at the rate of seven per cent. per annum from the date when the same was filed with the Clerk of the Board of Supervisors for allowance; and when allowed, the Board of Supervisors shall direct that a warrant issue therefor, payable out of the fund provided for in section three of this Act. Said warrants shall draw interest at the rate of seven per cent. per annum, and shall be paid in the order of their registration with the County Treasurer. SEC. 3. For the purpose of paying said claims, and all Tax levied. warrants on the Salary Fund of said county remaining unpaid on the first day of July, eighteen hundred and seventy-eight, the Board of Supervisors of said county are hereby authorized and required, each year until said indebtedness is fully paid and discharged, at the time of levying other taxes for county purposes, to levy a tax not exceeding ten cents on each one hundred dollars' value of taxable property in said county. Said tax, when collected, shall be set apart and paid into a fund to be known as the Redemption Fund. SEC. 4. This Act shall take effect and be in force from and after its approval by the Governor. Assessment ratified and confirmed. Trustees declared. CHAP. CCIV.-An_Act_in_relation to Swamp Land District Number Three Hundred and Seven, and legalizing certain proceedings therein. [Approved March 14, 1878.] The People of the State of California, represented in Senate and SECTION 1. The assessment of the land for reclamation purposes in Swamp Land District Number Three Hundred and Seven, known as the Lisbon Swamp Land District, in the County of Yolo, and State of California, made by George F. Cornish, A. A. Krull, and R. F. Hester, as Commissioners appointed for that purpose by the Board of Supervisors of Yolo County, upon estimates of costs of reclamation reported to said Board of Supervisors by Wm. Gwynne, Stanton Myers, and J. H. Cave, as Trustees of said district, is hereby ratified and confirmed and declared legal and valid to all intents and purposes. SEC. 2. The fifteenth section of the by-laws of said swamp land district, so far as the same purports to elect Wm. Gwynne, Stanton Myers, and Jesse H. Cave, Trustees of said district, is hereby ratified and confirmed, and said Wm. Gwynne, Stanton Myers, and Jesse H. Cave, are hereby declared to be Trustees of said district until the first Monday of November, eighteen hundred and seventy-eight, and until their successors shall be elected and qualified; and in case of a vacancy in the office of Trustees, by resignation of any one of the Trustees or otherwise, such vacancy, for the unexpired term, shall be filled by the remaining Trustees. SEC. 3. The Trustees of said district shall own land therein, and shall be chosen by the consent of the land owners in said district representing a majority of the acreage of the land therein. SEC. 4. This Act shall take effect on and after its passage. |