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CHAP. CCXVIII.-An Act to incorporate the Town of Etna,
Siskiyou County, California.

[Approved March 13, 1878.]

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

Etna.

SECTION 1. The inhabitants of the Town of Etna are Town of hereby constituted a body corporate and politic, under the name and style of the Town of Etna, and by that name and style they and their successors shall be known in law, have perpetual succession, and be invested with all the rights and privileges conferred by, and be subject to all the liabilities, and restrictions, and provisions of an Act entitled "An Act to provide for the incorporation of towns, approved April nineteenth, one thousand eight hundred and fifty-six, so far as the provisions of said Act may be consistent with the provisions of this Act.

SEC. 2. The boundary of said Town of Etna shall be as Boundaries. follows: The same as surveyed, made, and established, and as appears by the plot and copy of field notes of the survey of said Town of Etna, made and returned by A. M. Jones on the sixteenth day of July, one thousand eight hundred and seventy-five, to the County Judge of said Siskiyou County, and filed in the office of the County Recorder of said county.

SEC. 3. A Board of five Trustees (one of whom shall be officers of elected President of the Board), one Recorder, who shall act said town. and be ex officio Secretary of the Board, a Treasurer, Assessor, and Marshal shall be elected by the qualified electors of said town on the first Monday in May, one thousand eight hundred and seventy-eight, and shall hold their offices for the term of one year, and until their successors are elected and qualified; provided, that notice of the first election of officers must be given by the County Judge of Siskiyou County, by publishing the same in a newspaper published in said county four weeks successively, designating the officers to be elected, the polling places, and the officers of election; provided also, that the returns must be made to the County Judge, who must count and declare the vote and issue certificates of election.

SEC. 4. The Trustees of said town shall have power to Power of make such by-laws and ordinances, not inconsistent with the Trustees. laws of the United States and of this State, as they may deem necessary, to prevent and remove nuisances; to prohibit disorderly conduct; to provide for licensing public shows and lawful games, and bars at which spirituous liquors are sold; to construct works necessary for daily supplying the town with water for irrigating and other purposes; to provide such means as they may deem necessary to protect the town from injuries by fire; to levy and collect annually, if deemed necessary, a tax on all property in said town, not exceeding onequarter of one per cent. on the assessment valuation thereof; to impose and collect a poll tax of not exceeding one dollar per annum on every male inhabitant of twenty-one years of

Board of Equalization.

Compensation of officers.

Political
Code made

age and upwards; to impose and collect on dogs a tax not exceeding one dollar per annum on every dog found or owned within the corporate limits of said town; and to pass such other by-laws and ordinances for the regulation and police of said town as they may deem necessary. But they shall not have power to contract any debt or debts which, singly or in the aggregate, shall exceed the sum of two hundred and fifty dollars, unless by the consent of the majority of the voters of said town, of which voting shall be at a special election ordered by the Trustees of said town, of which election public notice shall be given by notice posted, or by publication in a newspaper, if there be one in said town, for at least ten days prior to such election. But no such indebtedness shall be contracted or incurred when the aggregate indebtedness of said town shall exceed five hundred dollars.

SEC. 5. Said Board of Trustees shall, in the event of a tax being levied under this Act and an assessment made, shall sit as a Board of Equalization for not less than two days, notice of which session shall be given by publication or by posting notices in three conspicuous places in said town for at least ten days preceding the time fixed, that such assessment roll is open for inspection, and that said Board will sit as a Board of Equalization and hear all complaints. They may require testimony, and increase or diminish the assessment of particular persons or property, or add any property that may have been omitted, as may be just and equitable.

SEC. 6. The compensation of said Board of Trustees shall not exceed one dollar per annum each. The Clerk of said Board shall receive not to exceed twenty-five dollars per annum. The Treasurer shall receive not to exceed twelve dollars per annum. The Assessor shall receive not to exceed fifteen dollars per annum. The Board of Trustees shall prescribe the duties and fix the compensation of the Marshal, either by salary, or fee, or percentage.

SEC. 7. The manner of making assessments and collectapplicable. ing town revenue shall be fixed by ordinance, and the provisions of "An Act to provide revenue for the support of the government of this State, approved March 12, 1872, and entitled the Political Code of the State of California, with the amendments thereto, so far as the same apply to proceedings at law to enforce the collection of delinquent taxes, and are not inconsistent with the foregoing provisions of this Act, are made applicable to this Act and to proceedings to enforce the collection of the aforesaid taxes.

Power of
Trustees.

SEC. 8. The Board of Trustees of said town shall have power to collect from the Road Supervisor or Overseer of Rough and Ready Road District one-fourth of all moneys collected by him within the bounds of this incorporation as a road tax, and appropriate the same to keeping the streets in repair. But said Board may, at any time when public convenience requires, donate said sum so collected to the improvement of any public road leading to said town, and within said Rough and Ready Road District.

SEC. 9. The Recorder of said town shall have jurisdiction of criminal cases for violation of any of the ordinances

passed or ordained by said Board of Trustees for the government of said town.

SEC. 10. The Board of Trustees shall, by ordinance, fix the penalties of every violation of the ordinances of said town; said penalties may be fine or imprisonment, or both.

SEC. 11. All elections held for the election of officers or Elections, for other purposes, by the electors of said town, shall be held how held. under and by virtue of the mode prescribed for holding elections of this State. The voting must be by ballot. The form of ballot shall be such as may be prescribed by the Board of Trustees, and in case of the resignation and disqualification of any of the officers mentioned above, the Board of Trustees shall order a special election to fill the vacancy thus created, by notices posted in three public places in said. town; said election to take place not less than three weeks from the date of said notice, and the election to be held in accordance with the laws of the State of California in such cases made and provided.

SEC. 12. This Act shall take effect from and after its passage.

CHAP. CCXIX.-An Act concerning the water front of the City and County of San Francisco.

[Approved March 15, 1878.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Am 1905 P.109 1909-434 See md.

bankment

18357

1917-553 1931-2472

SECTION 1. So much of the line for a harbor embankment Line for or sea-wall of the Port of San Francisco, adopted on the harbor emtwelfth day of September, one thousand eight hundred and ratified. seventy-seven, by the Governor, the Mayor of the City and County of San Francisco, and the State Harbor Commissioners, and indicated on the maps filed in the office of the said Board of Harbor Commissioners and of the Recorder of the City and County of San Froncisco, as extends from the east line of Taylor Street to the boundary line between the City and County of San Francisco and the County of San Mateo, is hereby ratified and confirmed, and shall be known as the "Water Front Line" of the City and County of San Francisco and so much of said line of harbor embankment or sea-wall as extends from the east line of Taylor street to the eastern line of the Presidio Reservation is hereby annulled and vacated.

SEC. 2. The inshore limit of the jurisdiction of the Board Limit of of State Harbor Commissioners shall be and remain the same jurisdiction. as defined in section twenty-five hundred and twenty-four of the Political Code; but when any section of the sea-wall and thoroughfare hereinafter mentioned is constructed and ready for use, then the inshore limit of their jurisdiction as to such section shall be the inner line of said thoroughfare. But their jurisdiction in and over China, Central, South, India,

Thoroughfare to be opened.

of wharves, piers, etc.

Roadway

and Dry Dock Basins, and in and over Channel Street, and Islais Creek Channel, and the canal opening into South Basin, shall extend as far as the ebb and flow of tide-water.

SEC. 3. The said Commissioners are authorized and directed to lay out and open along said water front line, a thoroughfare of the uniform width of two hundred feet, the inner line of which shall be parallel with the water front line; provided, that its inner line between Market Street and Folsom Street shall correspond with the present line of East Street, and its inner line between Clay Street and Sacramento Street shall be a straight line drawn from the intersection of the north line of Clay Street, with the inner line of the thoroughfare to the intersection of the north line of Sacramento Street with the north line of Market Street extended, and its roadways and sidewalks shall conform to Construction such deviation from its uniform width; provided further, that a sum not less than one hundred thousand dollars shall be expended in the construction of wharves, piers, ferry-slips, or bulkhead, on the water front between the westerly line of Mason Street and the easterly line of Kearny Street, as may seem best in the judgment of the State Board of Harbor Commissioners; the said money to be expended, and the work to be done, within one year from and after the passage of this Act. It shall have a roadway of one hundred and constructed. eighty feet, and a sidewalk on its inner side of twenty feet in width. It shall be known and designated on the map of the city and county as "East Street." The said roadway shall be constructed and kept in repair by the said Commissioners. It shall be constructed by contract, as provided in section twenty-five hundred and thirty-six of the Political Code, and be kept in repair as provided in section twentyfive hundred and twenty-four of same Code. The sidewalk shall be constructed and kept in repair in the manner provided by law for the construction and repair of sidewalks on other streets of the City of San Francisco. In case the said roadway or sidewalk be obstructed, the said Commissioners shall cause such obstructions to be removed in the manner provided in section twenty-five hundred and twenty-four of the Political Code, and section nine of this Act; provided, that they may grant the use and occupation of spaces along the water front for offices and baggage rooms, and for scales for weighing freight, and may charge therefor a reasonable Jurisdiction rent. The said Commissioners shall have jurisdiction over of Commis said thoroughfare for the purposes of construction, repair, removal of obstruction, and collection of dockage, wharfage, rents, and tolls, and for commercial purposes; and no franchise or privilege for a railroad track along said thoroughfare shall be granted by the Supervisors of the City and County of San Francisco.

Obstructions.

sioners.

Repeal.

SEC. 4. So much of the Act approved March 11th, eighteen hundred and seventy-four, entitled "An Act to amend an Act entitled an Act to vacate certain streets, alleys, and market places in the City and County of San Francisco, and to donate the same, and other tide lands belonging to the State of California, to said City and County of San Francisco, for

public use.

commercial purposes, and other matters relating thereto, approved March thirteenth, eighteen hundred and seventytwo, as grants to the City and County of San Francisco, the power to lease the basins known as China and Central Basins, is hereby repealed; and the said basins, and also South, Dedication India, and Dry Dock Basins, as laid out by the Board of Tide of docks to Land Commissioners, and Channel Street, Islais Creek Channel, and the canal opening into South Basin, as far as the ebb and flow of tide in them, are hereby dedicated to public use for the purposes of commerce and navigation, and shall be subject, together with the streets inclosing or bounding on them, and the sea-wall and thoroughfare constructed across their openings, to the jurisdiction of the said Commissioners, as provided in the Act approved February twentyeighth, eighteen hundred and seventy-six, entitled "An Act to amend an Act entitled an Act to establish a Political Code, approved March twelfth, eighteen hundred and seventy-two, and to add a new section thereto." In case the sea-wall or Drawthoroughfare be extended across them, openings therein, with bridges to be proper draw-bridges, shall be constructed, of sufficient width to allow free and easy entrance and exit, and then they shall be dredged to such depth as may be needed by the class of vessels using them.

constructed.

sea-wall.

SEC. 5. Whenever any section of the sea-wall and thor- Streets to oughfare is constructed and ready for use, the Board of intersect said Supervisors shall cause the streets of the city to be extended and constructed, so as to intersect said section; and in case any such streets have been widened by the Harbor Commissioners, they shall be con[tracted] to their original width before such widening, and be so extended. When extended, they shall be deemed public streets, and their roadways and sidewalks, to the intersection of the thoroughfare, shall be constructed and kept in repair in the manner provided by law for the construction and repair of the public streets of the City of San Francisco.

SEC. 6. The said Commissioners shall cause the blocks Equality of or parts of blocks formed by the change of the water front frontage lots. and by the extensions of the streets to the thoroughfare, to be divided into lots of a frontage, as nearly equal as possible, not exceeding forty-five feet ten inches; and shall cause two maps to be made, showing such blocks, lots, and extended streets; one of which shall be filed in their office, and the other in the office of the Recorder of the City and County of San Francisco. The said maps must be attested by their signatures. The Commissioners may pile, cap, and plank, Power of or solidly fill in the lots and blocks formed on the inner side Commissionof the thoroughfare, and shall control and regulate their use, remove any obstruction placed thereon, in the same manner as provided for the removal of obstructions from the piers, wharves, and thoroughfares, and have exclusive jurisdiction over them.

ers.

declared a public use.

SEC. 7. The said sea-wall and thoroughfare is hereby Sea-wall declared a public use, in the laying out and construction of which the right of eminent domain may be exercised by the

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