SEC. 5. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.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. CHAP. CCCCLVIII.-An Act in relation to the fees to be received by the County Recorder of San Luis Obispo. [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. For all services performed by the Recorder of Fees of San Luis Obispo, as provided in section forty-two hundred Recorder. and forty-three of the Political Code, and for all services performed by him that might be performed by a Notary Public, he may collect the fees allowed by law, and retain the same to his own use and benefit. SEC. 2. This Act shall take effect immediately. CHAP. CCCCLIX.-An Act in relation to the roads and streets within the City of San Luis Obispo. [Approved March 29, 1878.] The People of the State of California, represented in Senate and road SECTION 1. The City of San Luis Obispo shall constitute City to a road district in the County of San Luis Obispo, and, with constilistrict the exception of the per centum of the road taxes collected therein which shall be apportioned to the general county road purposes, under the existing law, all road taxes collected in said district must, by order of the Board of Supervisors of said county, be paid into the treasury of said city as fast as the same are collected and apportioned, and the money so paid into the said treasury must be applied by the Common Council of said city in constructing, repairing, maintaining, graveling, paving, or planking streets, bridges, and alleys in said city. Overseer. SEC. 2. The Road Overseer of said district shall be council to appointed by the Common Council in like manner as is pro- appoint vided for the appointment of city officers, and shall remain in office during the pleasure of the appointing power. work. SEC. 3. The Common Council of said city shall have Council power to order and direct the Road Overseer thereof in shall direct regard to the time, place, and manner of performing work in the streets and alleys of the city. SEC. 4. Said Road Overseer shall have alike powers and Duties of Liabilities of city. Council to direct duties as are provided by law for the Road Overseers of the certain road districts of said county; provided, however, that he shall be subject to the direction of the Common Council in performing work and repairs upon the roads and streets; that he shall make such semi-annual reports to the Common Council of said city as certain Road Overseers shall by law be directed to make to the Board of Supervisors of said county; that he shall pay over to his successors, or into the city treasury, all moneys remaining on hand at the expiration of his term of office, and that he shall receive for his services as Road Overseer such compensation as the said Common Council shall by ordinance provide. SEC. 5. The City of San Luis Obispo shall be subject to all the liabilities which might or could attach to the county of San Luis Obispo from the neglect or malfeasance of said Road Overseer, in case he were appointed by the Supervisors of said county. SEC. 6. The Common Council of said city shall have full proceedings. power to direct proceedings to be taken by the City Attorney of said city to condemn land therein for road and street purposes, in accordance with the provisions of Title Seven, Part Three, of the Code of Civil Procedure, whenever such proceedings shall, to the satisfaction of the Council, appear necessary and proper. SEC. 7. All Acts or parts of Acts, in so far as the same may conflict with this Act, are hereby repealed. SEC. 8. This Act shall take effect from and after its passage. Appropriations. CHAP. CCCCLX.-An Act making appropriations for the pay- [Approved March 29, 1878.] The People of the State of California, represented in Senate and SECTION 1. There is hereby appropriated, out of the General Fund of the State treasury, the following sums of money, to pay the respective claims of the persons hereinafter named, arising out of the necessary repair of and furnishing the State Capitol, and for the permanent improvement and preservation of the State Capitol grounds: For Giraud and Pitcher, the sum of four hundred and seventy-five and seventy one-hundredths dollars; for J. G. Davis, the sum of one thousand five hundred and fifty-one and twenty-five onehundredths dollars; for John Breuner, the sum of five hundred and forty-two and sixty-two one-hundredths dollars; for Laufkotter Brothers, the sum of three hundred and eleven and sixty-six one-hundredths dollars; for Ben Cohen, the sum of three thousand two hundred and twenty-eight and thirteen one-hundredths dollars; for Bush Brothers, two hundred and forty-five and fifty one-hundredths dollars; for Huntington, Hopkins and Company, the sum of thirty and twenty one-hundredths dollars; for Hartwell, Hotchkiss, and Stalker, the sum of sixty-six dollars; for James McGuire, the sum of five dollars; for W. T. Garrett, the sum of three dollars; for C. H. Krebs, the sum of twenty-one and fifty one-hundredths dollars; for Sullivan, Kelly and Company, the sum of one hundred dollars; for City Water-works, the sum of sixteen hundred and fifty dollars; for John Voorhees, the sum of two hundred and nineteen dollars; for B. F. Alexander, the sum of eighty dollars; for deficiencies in the appropriation for the permanent improvement of the State Capitol grounds, eight thousand dollars. SEC. 2. This Act shall take effect immediately. CHAP. CCCCLXI.—An Act to provide for the location, construction, and maintenance of public roads in the County of Amador. [Approved March 30, 1878.] The People of the State of California, represented in Senate and highways. SECTION 1. All roads in the County of Amador, which Roads dehave been located as public highways by order of the Board Clared public of Supervisors or Township Trustees, and all roads in public use, which have been recorded in county or township records as public highways, or which may be recorded by authority of the Board of Supervisors, as hereinafter provided, are hereby declared public highways; and all roads in the County of Amador now in public use, which do not come within the provisions of this Act, are hereby declared vacated; provided, that no toll road shall be established on any road vacated by virtue of the foregoing provisions of this section, upon which there shall have been expended any money or labor belonging to the Road Fund or tax of said county, unless with the full knowledge and consent of the Board of Supervisors of said county. as ex officio SEC. 2. The Supervisors of Amador County shall be ex Duties of officio Road Commissioners in the several districts in which Supervisors they are elected, whose duty it shall be to take general charge Commisand supervision of all roads in said district. Each Commissioners. sioner shall, before entering upon the discharge of his duties, file with the County Clerk a bond in a sum not less than three thousand dollars, with not less than two sureties, conditioned for the faithful performance of his duties as such Road Commissioner, which bond shall be approved by the County Judge, and made payable to the people of the State of California. SEC. 3. It shall be the duty of each Commissioner, in his commisdistrict, to take charge of and keep, or cause to be kept, in take charge good condition for travel, the roads used as public highways, of roads. Bond required. Contractor's duty. He shall have the power to cause the necessary work to be done upon the public roads, either by labor employed by him for that purpose and under his immediate supervision and direction, or may, if he deem it advisable, have such work performed under contract; provided, that if he shall conclude to have any such work done under contract, he must give notice thereof by publication for at least two weeks in the one of the newspapers of the county, or by posting notices in not less than five public places in the township where such work is required to be done, or by both such publication and posting of notices, inviting proposals for doing such work; such notice must specify the particular work required to be done, the place where, and the time when such work must be completed. Said publication, or posting of such notices, must be not less than ten days before the time appointed for awarding a contract for such work. At the time appointed, the Road Commissioner shall open and examine all the proposals that shall be submitted, and must award the contract for such work to the person or persons making the lowest offer; provided, that if the Commissioner shall deem that all the proposals are too high, he may reject all the bids made, and may have said work or repairs done with labor and material procured under his direction. The Commissioner of each district is authorized to purchase all material and tools that may be necessary for working or making repairs upon the public roads or bridges in his district; he must keep an account of all such purchases, and must turn over to his successor in office all tools or materials in his hands, taking a receipt therefor. SEC. 4. The Road Commissioner shall, in all cases, require a bond from the contractor for any work contracted to be done under the provisions of this Act, in such sum as shall amount to at least double the sum named in the contract, with not less than two sureties, made payable to the people of the State of California, to be approved by such Road Commissioner; such bond shall be conditioned for the faithful performance of the contract, and must be filed with the County Clerk. SEC. 5. Whenever a contract is let under the provisions of this Act, it shall be the duty of such contractor to diligently and faithfully perform and complete the work specified in such contract in accordance with the terms and conditions thereof; and should any person or persons neglect or refuse to make the improvements, or keep in good repair any road or other work so contracted for, it shall be the duty of the Road Commissioner to notify such contractor to immediately do the required work according to the terms of his contract, and if he or they shall refuse or neglect to comply with said notice for five days, after being so notified, then it shall be the duty of the Commissioner to have such work done in accordance with the specifications contained in said contract; and the cost of such work must be deducted from whatever sum may be due to such contractor on said contract, and if such amount shall not be sufficient, the deficiency may be recovered from such person or persons so sioner to lo neglecting or refusing, or from their sureties, as other debts of equal amount are recoverable by law, with costs of suit. SEC. 6. It shall be the duty of the Commissioner, if he commisshall think a new road is necessary, or the alteration or cate road. vacating of an existing one shall be for the public interest, upon the petition of twelve or more persons, resident taxpayers of the county or township in which such new road is intended to be located, or the alteration or vacation of an existing one shall be contemplated, praying for a public road to be laid out or changed, altered or vacated, within the township or county, or a petition, signed by one or more persons, praying for a private road or lane to be laid out from the farm or dwelling of any person to the public road, to proceed to view, survey and lay out the proposed new road, or make the necessary change in the old one, marking either on the ground, or noting on the maps or drafts; and if it passes through private lands, through whose lands it passes. He shall in no case locate any public road above a Grade of grade of eighteen inches to the sixteen and one-half feet road. linear measurement. And it shall be the duty of the Commissioner to procure releases, in writing, of the owners of said land through which the said new road may pass, of all damages that may arise to them in opening the same; and if he shall fail to procure releases he shall appoint three Viewers (the County Surveyor to act as one), who shall view out and locate said road, and appraise all legitimate damages arising from such location or change, and upon the return of the certificate of the Viewers, together with the location, if satisfied with the same, he shall submit the claims for damages, if there be any, by persons through whose lands the road may pass, to the Board of Supervisors for their approval; and if they shall approve the same, the Road Commissioner shall immediately declare the same a public highway, and he shall divide said road into sections, and record the same in his road book, and shall have the same sold, contracted, or made, as provided for in section three of this Act. And in case of vacation of a road, or Viewers' part of a road, it shall be the duty of the Viewers appointed and acting, as herein before provided, to view, survey, and report to the Commissioners, who, if favorable to the same, and if confirmed by the Board of Supervisors, shall declare such road vacated, and it shall cease to become a part of the public highway; and all contracts to repair said road or part of road so vacated shall be annulled by the Road Commissioner, who shall proceed to settle with the purchaser or contractor of said road. duty. paid. SEC. 7. The Viewers or Commissioners performing service Compensaunder the provisions of this Act shall receive for their ser- tions; how vices four dollars per day for each and every day actually employed, and ten cents per mile necessarily traveled in going to and returning from where the contemplated road is situated, and shall be paid from the County Road Fund; provided, that all damages and expenses accruing from the location of any private road or lane shall be paid by the |