System of

sewerage authorized to be con

structed, etc.

Right of way; how procured.

Sewer Fund.

Duty of Board.

CHAP. CCCXXV.-An Act to provide and maintain a system of sewerage in the City of Petaluma, and to take private lands therefor.

[Approved March 23, 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 City of Petaluma are hereby empowered and directed to have surveyed, laid out, established, constructed, and maintained, a general system of sewerage for the City of Petaluma, and for that purpose shall employ a competent engineer to survey, map, and plat such contemplated sewerage, showing the location, length, and size of such sewers, which survey, map, and plat, when completed, with his recommendations, he shall file with the Clerk of the Board of Trustees; upon the filing of which, the Board of Trustees shall give at least ten days' notice by publication in some newspaper published in said city, of the time and place when they will consider said report and hear objections, and may modify and correct the same; and as so modified and corrected shall, by resolution, adopt the same, or any part thereof, as the official map of sewers. The compensation of such engineer, and such assistants as may be required, shall be determined by said Board, and shall be paid by warrant on the Sewer Fund of said city.

SEC. 2. In order to provide for the necessary and proper drainage and sewerage of the City of Petaluma, the Board of Trustees thereof are hereby authorized to procure the right of way by purchase, or condemnation, for such main and lateral sewers or drains as they may deem proper for the sewerage and drainage of said city; such rights of way may be thus secured through lands within the corporate limits, and also when required through lands adjacent to and without said city, under the provisions of Part Three, Title Seven, of the Code of Civil Procedure, for the purpose of condemning such lands, or the right of way through the same, to the use of the city for public drains or sewers; provided, that the benefits resulting to the land remaining or adjoining may be offset against the value of the land actually taken, as also against any damages resulting to such adjacent land from such improvement.

SEC. 3. The Board of City Trustees of the City of Petaluma, in addition to the taxes now authorized by law, are hereby authorized and empowered to levy annually an additional tax on all the real and personal property of said city, not to exceed twenty cents on each one hundred dollars, to be levied and collected at the same time and manner as other city taxes, and to be known as the sewer tax, which shall constitute a separate fund, to be known as the "Sewer Fund."

SEC. 4. It shall be the duty of the Board of Trustees to construct, maintain, and keep in repair, according to the general system of sewerage adopted, such sewers as from

time to time they may deem necessary for the health and welfare of said city.

etc.; how

SEC. 5. All proceedings, contracts, and work in relation Proceedings, to the construction of sewers under this Act, shall be gov- governed. erned in all respects by the provisions of the city charter in relation to street work, except that no petition of property owners shall be necessary. The Board must not, without the consent of owners of adjacent property, change the width of any sidewalk, after said sidewalk has been constructed, for a period of five years.

SEC. 6. All Acts or parts of Acts heretofore passed, in conflict with this Act, are hereby repealed.

SEC. 7. This Act shall take effect and be in force from and after its passage.

CHAP. CCCXXVI.-An Act for the relief of J. M. Garretson,
Assessor of the County of Santa Barbara.

[Approved March 23, 1878.]

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

of claim

SECTION 1. The Board of Supervisors of Santa Barbara Payment County are hereby directed to audit the claim of J. M. Gar- authorized. retson, Assessor of Santa Barbara County, in the sum of one hundred dollars, gold coin of the United States of America, for moneys paid by said Assessor as compensation to special counsel for services in the prosecution of a writ of review before the District Court of the First Judicial District of the State of California; to set aside the illegal action of the Board of Supervisors of said County in the matter of the equalization of the taxes of T. W. Moone, Esq.

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

CHAP. CCCXXVII.-An Act to prevent buck goats running

at large.

[Approved March 23, 1878.]

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

SECTION 1. It shall not be lawful for the owner or owners Act declared of any buck goat or buck goats, or any person or persons in unlawful. charge of such goat or goats, to turn or permit such goat or goats to be turned or run at large in any county of this State.

SEC. 2. Any person violating the provisions of the first Penalty for section of this Act shall, upon complaint and conviction violation. before a Justice of the Peace of the proper township, be fined

in a sum not less than five dollars nor more than twenty dollars, to be collected as fines are now by law collected.

SEC. 3. This Act shall take effect on and after the first day of July, eighteen hundred and seventy-eight.

Road Overseer appointed.

Bond.

Compensation.

Duty of
Overseer.

Expenditure limited.

CHAP. CCCXXVIII.-An Act to provide for the improvement of the public roads in the County of Mono.

[Approved March 23, 1878.]

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 Mono shall, at the regular meeting after the passage of this Act, appoint a Road Overseer for the County of Mono, who shall hold his office during their pleasure, not exceeding four years, or until his successor is appointed and qualified.

SEC. 2. Said Road Overseer shall be an elector of the County of Mono, and shall give an official bond in the sum of two thousand dollars, to be approved and filed in the same manner as are the bonds of other county officers, and shall file with the County Clerk of said county the usual oath of office.

SEC. 3. For his services he shall receive the sum of five dollars per day for each and every day that he is actually employed in the business of his office.

SEC. 4. The said Road Overseer shall have the entire supervision of all the public roads within said Mono County. Road districts and District Road Overseers in the said Mono County are hereby abolished.

SEC. 5. The said Road Overseer, under the direction of the Board of Supervisors and in pursuance to the orders of said Board, must:

First-Take charge of the public highways within the county.

Second-Keep them clear from obstructions and in good repair.

Third-Cause banks to be graded and causeways to be made when necessary; keep the same in repair, and renew them when destroyed.

Fourth-Make quarterly reports to the Board of Supervisors of all labor performed upon said roads, and of all moneys expended.

Fifth-Receive and present petitions for new roads, recommend or disapprove of the same, and assist in laying them

out.

Sixth-To render his bills quarterly for expenditures and services, verified by his oath, which bills shall be audited and allowed or disallowed as in case of other bills, and shall be paid as herein provided.

SEC. 6. The Road Overseer shall not expend, in any

three months, over five hundred dollars in any one Supervisor district, without previous authority from the Board of Supervisors.

SEC. 7. Every male inhabitant of the County of Mono, Poll tax. over twenty-one years and under fifty-five years of age, must pay annually a road poll tax of two dollars; provided, the same shall be paid between the first Monday in March and the first Monday in July; but if not paid prior to the first Monday in July, then it shall be three dollars.

SEC. 8. The several provisions of the Political Code for the collection of State poll taxes shall be applicable to and govern the collection of the road poll tax.

Fund.

SEC. 9. The proceeds of the road poll tax shall be paid Poll Tax into the county treasury, and shall constitute a fund to be known as the Road Poll Tax Fund, and shall be paid out on warrants drawn on said fund by order of the Board of Supervisors. The provisions of law applicable to other county warrants shall apply to these.

SEC. 10. Warrants shall be drawn on this fund by order of the Board of Supervisors for such bills as they may from time to time allow the Road Overseer for services and expenditures, but nothing herein shall prevent said Board from ordering the same paid out of the Road Fund if they deem it expedient.

SEC. 11. No other road tax or labor shall be required of, or levied upon, or collected from any person in Mono County, except the tax on property required by law.

SEC. 12. All Acts and parts of Acts in conflict with this are hereby repealed.

SEC. 13. This Act shall take effect from and after its passage.

CHAP. CCCXXIX.-An Act to provide for the payment of unused and uncanceled stamps of the State of California heretofore sold.

[Approved March 23, 1878.]

WHEREAS, There now remains on file in the office of Con- Preamble. troller of State unused and uncanceled State stamps heretofore sold by the State, issued by virtue of an Act entitled an Act to provide revenue for the support of the Government of this State, approved March ninth, eighteen hundred and sixty-one, and subsequent Acts thereto; and the said State stamps having been examined and pronounced by the said Controller as genuine and a just charge against the State, therefore,

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

Assembly, do enact as follows:

tion author

SECTION 1. The sum of four hundred and twenty-six Appropriadollars and ninety cents is hereby appropriated out of any ized. money in the General Fund of the State treasury, not other

wise appropriated, to pay the claim of J. W. C. Coleman, the owner and possessor of said State stamps, and the Controller of State is directed to draw his warrant on the State Treasurer in favor of said Coleman therefor, and the State Treasurer is required to pay the same out of any money in the State treasury not otherwise appropriated.

SEC. 2. This Act shall take effect from and after its pas

sage.

Treasurer empowered to pay certain

warrants.

CHAP. CCCXXX.-An Act to authorize the Treasurer of the County of San Diego to pay certain warrants out of the Contingent Fund of said county.

[Approved March 23, 1878.]

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

SECTION 1. The Treasurer of San Diego County is hereby authorized to pay, out of the Contingent Fund of said county, both the principal and interest from the date of presentation for payment, the following described county warrants: Warrant number one hundred and two, for two hundred one and thirty-eight hundredths dollars, bearing date March nineteenth, eighteen hundred and sixty-eight, and indorsed "not paid" for want of funds, March nineteenth, eighteen hundred and sixty-eight, José G. Estudillo, County Treasurer;" warrant number one hundred and seven, for forty-one and sixtyseven hundredths dollars, dated April fourteenth, eighteen hundred and sixty-eight, and warrant number one hundred and eleven, dated April twenty-fifth, eighteen hundred and sixty-eight, for fifty-seven and fifty hundredths dollars, both indorsed "not paid for want of funds, April twenty-fifth, eighteen hundred and sixty-eight, José G. Estudillo, County Treasurer," all being issued in favor of Cullan A. Johnson; also, the following described county warrants, issued in favor of Frank Ames: Warrant number eighty-two, for sixty dollars, dated January fifth, eighteen hundred and sixty; warrant number one hundred and thirty-three, for eighty dollars, dated April fifth, eighteen hundred and sixty; warrant number one hundred and ninety-three, for one hundred and twenty dollars, dated October twenty-second, eighteen hundred and sixty; warrant number two hundred and fortyseven, for sixty dollars, dated January ninth, eighteen hundred and sixty-one; and warrant number two hundred and fifty-six, for eighty dollars, dated April first, eighteen hundred and sixty-one, each warrant bearing the indorsement, over the signature of the County Treasurer, not paid for want of funds, upon the date of its issuance, except warrant two hundred and fifty-six, which was indorsed, not paid for want of funds, April second, eighteen hundred and sixty-one. SEC. 2. This Act shall be in force from and after its passage.