appropriated by the said Mayor and Common Council of said city in improving and keeping up said park. The right to the waters of Penetencia Creek, to use, flow, or direct the same through said park is hereby declared to be in the said the Mayor and Common Council of said City of San José, and for the public use, and they are hereby authorized to procure, by condemnation or otherwise, so much of the waters of said creek as may be required upon said park.

SEC. 3. All moneys now in the hands of the Santa Clara Avenue Commissioners shall be turned over to said Mayor and Common Council, and shall be by them expended exclusively for the improvement of said park.

SEC. 4. The Board of Supervisors shall plant trees on Trees that portion of said Santa Clara Avenue, from the eastern planted. terminus of Santa Clara Street, in the City of San José, to the western terminus of the lines of trees now planted, and shall maintain and improve the trees along the entire line of said Santa Clara Avenue in a good and sufficient manner. The cost of planting trees and maintaining and improving the ornamentation of said avenue, as provided in this section, shall be paid out of the Current Expense Fund of Santa Clara County.

SEC. 5. An Act entitled "An Act to provide for the open- Repeal. ing and improving of Santa Clara Avenue, in the County of Santa Clara," approved March 15th, eighteen hundred and seventy-two (1872), and the Act amendatory thereof, approved March 23rd, eighteen hundred and seventy-four (1874), and all Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed.

SEC. 6. This Act shall take effect and be in force from and after its passage and approval.

CHAP. CCXLIII.-An Act to amend an Act entitled "An Act to establish and define the powers and duties of the Board of Education of the City of Petaluma," approved January 6th, A. D. 1872, and the Acts supplementary thereto and amendatory thereof.

[Approved March 16, 1878.]

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

SECTION 1. An Act entitled "An Act to establish and define the powers and duties of the Board of Education of the City of Petaluma," approved January 6th, A. D. 1872, and the various Acts supplemental thereto and amendatory thereof, are hereby amended by the addition of two new sections, to be numbered sixteen (16) and seventeen (17) respectively, and shall read as follows: Section 16. The Board Sale of of Education of the City of Petaluma is hereby authorized bonds. to issue and sell or otherwise dispose of bonds not exceeding

in the aggregate four thousand ($4,000) dollars; one-half of said amount to be paid in one year, and one-half in two years from date of issue; all payable in gold coin, and to bear interest at the rate of eight per cent. per annum, payable annually. Said bonds shall be issued in sums of not less than one hundred nor more than five hundred dollars, shall bear the date of their issue, and shall be signed by the President and countersigned by the Secretary of the said Board of Education. Section 17. Said bonds shall be sold or disposed of by order of said Board of Education in such sums and in such manner as they may deem best for the interest of the School Department of said city; and the funds realized from the sale thereof shall be paid into the city treasury of said city, and shall be drawn therefrom upon the order of the said Board of Education for the purpose of enlarging, repairing, or building school houses within and for the said City of Petaluma, and for no other purpose whatever.

Power of Council to condemn

CHAP. CCXLIV.-An Act to confer further powers on the Common Council of the City of Santa Barbara.

[Approved March 16, 1878.]

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

SECTION 1. The Common Council of said city may purchase or condemn, under the provisions of Title VII, Part certain land. 3rd, of the Code of Civil Procedure, the lands and improvements lying and being in the City and County of Santa Barbara, and more particularly described, as follows, to wit: Commencing at the most southerly corner of city block No. 174, thence along the N. W. line of De la Guerra Street northeasterly one hundred and thirty feet to the line of the De la Guerra Plaza; thence northwesterly along the line of said plaza twenty-three feet; thence southwesterly at right angles one hundred and thirty feet to State Street; thence along the line of State Street southeasterly twentythree feet to place of beginning. Also, commencing at the most easterly corner of city block No. 174, thence along the line of De la Guerra Street southwesterly two hundred and ten feet to the line of De la Guerra Plaza; thence along the line of De la Guerra Plaza northwesterly fifty feet; thence at right angles northeasterly two hundred and ten feet to Anacapa Street; thence along the line of Anacapa Street southeasterly fifty feet to the place of beginning, together with such improvements as there may be upon the premises herein described.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCXLV.-An Act to amend an Act entitled "An Act concerning streams in the County of Santa Clara," approved March twenty-eighth, eighteen hundred and seventy-two.

[Approved March 16, 1878.]

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

SECTION 1. Section four of said Act is hereby amended Tax levied. so as to read as follows: Section 4. The Board of Supervisors of the County of Santa Clara are hereby authorized and empowered, at the sessions of said Board at which other taxes are levied, to levy annually upon all taxable property in said county a tax of not less than one and one-half cents on each one hundred dollars, and not more than three cents on each one hundred dollars of taxable property, for the purpose of creating a fund to be designated the "River Improvement Fund," and which tax shall be collected and paid into said fund and kept separate from all other funds; and said Board are hereby authorized and empowered to use and appropriate said fund and the moneys therein in the county treasury, or so much thereof as may be necessary, in payment of damages or compensation which may be allowed or awarded under the provisions of the Act to which this is amendatory, and for the improvement of such streams as have been or may hereafter be condemned, or the control thereof otherwise acquired by said county.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. CCXLVI.-An Act to authorize the Board of Supervisors of the County of Santa Clara to issue bonds in payment of certain indebtedness.

[Approved March 16, 1878.]

WHEREAS, In the month of September, A. D. one thousand Preamble. eight hundred and seventy-five (1875), James Lick and the Trustees of the James Lick Trust entered into an agreement with the Board of Supervisors of the County of Santa Clara whereby the said James Lick and the said Trustees of said Trust agreed to erect an astronomical observatory upon the summit of Mount Hamilton, in said county, provided said county would construct a good and sufficient road to said summit; and also agreed to cash the warrants of said county issued in payment for the construction of said road; and, whereas, said Board of Supervisors, on behalf of said county, did thereafter cause said road to be built in accordance with said agreement, and at a cost of about seventy thousand dollars ($70,000), and did issue the warrants of said county in payment therefor, all of which

Issuance of bonds.

Bond will be

payable; when.

warrants bore interest at the rate of seven per cent. per
annum, and were cashed by the said Trustees of the James
Lick Trust in pursuance of their agreement; and, whereas,
in pursuance of said agreement there were issued, payable
out of the General Road Fund of said county, warrants
amounting to an aggregate sum of twenty-seven thousand
three hundred and thirty-nine dollars and eighty-seven
cents ($27,339 87); and, whereas, said General Road Fund
was abolished by Act of the Legislature; and, whereas,
there are no funds of said county which can be applied to
the payment of said sum of twenty-seven thousand three
hundred and thirty-nine dollars and eighty-seven cents
($27,339 87), and the accruing interest thereon; and,
whereas, said Trustees of said Trust are willing to accept
the new interest-bearing bonds of said county in payment
for said warrants so drawn upon said General Road Fund,
and said Board of Supervisors, on behalf of said county,
are desirous of issuing said bonds to said Trustees in pay-
ment of said warrants; therefore,

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

SECTION 1. The Board of Supervisors of the County of Santa Clara are hereby authorized and empowered to issue bonds on behalf of said county to the extent of and not exceeding the amount of the warrants drawn on the General Road Fund of said county for the construction of the Lick Avenue to the summit of Mount Hamilton, in said county, amounting to the aggregate sum of twenty-seven thousand three hundred and thirty-nine dollars and eighty-seven cents ($27,339 87), and the accrued interest thereon, which warrants are now held by the Trustees of the James Lick Trust, and are numbered respectively two hundred and seventyeight (278), four hundred and twenty-three (423), five hundred and seventy-two (572), six hundred and five (605), six hundred and six (606), and seven hundred and ninety-four (794).

SEC. 2. Said bonds shall be made payable to the Trustees of the James Lick Trust, in gold coin, on or before the first day of January, A. D. one thousand eight hundred and ninety (1890); provided, that whenever the foundations for the Lick Observatory, on Mount Hamilton, in said county, are fully completed, and the Board of Supervisors of said county are satisfied, by full and sufficient evidence, that said Trustees have entered into a proper contract with competent persons for the construction of the proper instruments to be used in said observatory, then said bonds shall become due and payable by said county. The said bonds shall contain a provision that if the payees therein named, to wit, the Trustees of the James Lick Trust, shall fail or neglect to erect and complete the astronomical observatory by them. proposed on Mount Hamilton, in the said county, on or before the first day of January, A. D. one thousand eight hundred and ninety (1890), the said bonds shall be forfeited to

said county on and after said first day of January, A. D. one thousand eight hundred and ninety (1890), and shall be surrendered to said county for cancellation, and the same shall, when so surrendered, be canceled by the Treasurer of said county.

bonds.

SEC. 3. Said bonds shall be of a denomination of not less Denomina than one thousand dollars, and shall be signed by the Chair- tion of man and by the Clerk of the Board of Supervisors of said county. The County Clerk of said county shall keep a register showing the date and number of said bonds, and shall make two certified copies thereof, and shall deliver one to the Treasurer and one to the Auditor of said county.

SEC. 4. When said bonds shall have been issued as herein provided, they shall be placed in the hands of the County Treasurer of said county, who shall deliver the same to the Trustees of the James Lick Trust upon the surrender to him of said warrants in this Act specified.

SEC. 5. When said warrants are surrendered to the Treasurer, he shall write across the face of each one thereof the words "Paid by bond to the Trustees of the James Lick Trust," and shall date and sign the same.

SEC. 6. When any of said bonds are redeemed, the same shall be delivered by the Treasurer of said county to the Auditor of said county, who shall receipt to the Treasurer therefor, and mark the same "paid" upon the register copy thereof in his office, and shall report the same to the Board of Supervisors of said county.

bearing.

SEC. 7. Said bonds shall bear no interest, but the interest Not interest which has accrued on the warrants specified in section one of this Act up to the date of the issuance of said bonds shall be added to and be made a part of the principal of said bonds.

SEC. 8. At the time of levying State and county taxes Redemption next preceding the date when said bonds shall become due, of bonds. the Board of Supervisors shall levy an additional sum sufficient to redeem said bonds, and said additional tax shall be levied and collected at the same time and in the same manner as prescribed by law for the levying and collecting of State and county taxes. The additional tax so levied and collected shall be applied to the redemption of said bonds, and to no other purpose.

SEC. 9. All Acts or 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 immediately upon its passage and approval.