Recorder of Santa Cruz County for like services; provided, no charges shall be made for any copies, transcriptions, or certificates required or demanded by said city. Treasurer SEC. 42. It shall be the duty of the City Treasurer and Duties of Collector to collect all license taxes that shall at any time be and due the city, and to receipt for the same; to receive the tax Collector. list, and upon the receipt thereof to proceed to collect the same, at the time and in the same manner as prescribed by the law for the collection of State and county taxes, the said Collector and Treasurer being hereby vested with all and the same powers to make collection for taxes as is or shall hereafter be conferred upon Collectors for the collection of State and county taxes; and it shall be his duty to collect in the same manner, and with the same authority, any tax list or assessment placed in his hands, without any unnecessary delay, and to place all taxes, license, and other moneys collected by him, belonging to the city, in the city treasury, and on the first Monday of each and every month, or as often as the Mayor and Common Council may by ordinance direct, file with the City Clerk his affidavit stating the amount of money collected by him belonging to the city, for the preceding month, or for such other period of time as may have been prescribed, and the sources from which the same have been received: and said affidavit shall be subscribed and sworn to. It shall be the duty of said City Collector and Treasurer to receive and safely keep all moneys that shall come into his hands belonging to the City of Santa Cruz; for all of which he shall give duplicate receipts, one of which shall be filed with the City Clerk, and shall countersign all warrants issued by order of the Mayor and Common Council and signed by the Mayor, and countersigned by the City Clerk. He shall perform such other duties as may be by ordinance required of him by said Mayor and Common Council; and for his compensation as such Treasurer and Collector he shall receive as salary such commission as may be salary. allowed by the Common Council; but said commission shall not exceed four (4) per cent. on the moneys collected and disbursed by him; and said commission shall be payable monthly; provided, that this clause shall not affect the Treasurer elected under former charter. The City Collector and Treasurer shall make quarterly settlements with the City Clerk, and shall file with said Clerk a statement under oath of the same, and in said statement he shall set forth the entire amount of moneys by him received during the preceding quarter, and also the gross amount of all warrants drawn during said quarter against said public fund. SEC. 43. All city officers, whether elected by the people or oaths of city appointed by the Mayor and Common Council, shall, before officers. entering on the duties of their office, take and subscribe the oath of office prescribed by law. All of such officers, other than the Mayor and members of the Common Council, shall each, before entering upon the duties of his office, give a bond, official with sureties to be approved by the Mayor and Common Council, payable to the City of Santa Cruz, in such sum as may be fixed by ordinance, conditioned for the faithful per Justices of the Peace. Fees. Mayor; when to hold Criminal Court. Poll-taxes for Street Fund. formance of the duties of his office as required by law, and the ordinances and regulations passed and approved by the Mayor and Common Council of the City of Santa Cruz. Should the bond of any officer become insufficient, he shall give such additional security as the Mayor and Common Council may require, and upon his failure to do so at the time required, or within five days thereafter, his office shall be declared vacant, and may be filled as herein provided. The official bond of every officer named in this Act, except the bond of the City Assessor and Clerk, shall be filed in the office of the City Clerk. The official bond of the City Assessor and Clerk shall be filed with the Mayor of Santa Cruz. SEC. 44. Justices of the Peace in the City of Santa Cruz are hereby declared competent to discharge all the duties of Police Justice for the City of Santa Cruz, and for all services and proceedings before a Justice of the Peace, in a criminal proceeding or action arising under the provisions of this Act, or of any ordinance which may now or hereafter be in force in said city, he shall have and be entitled to receive from the City of Santa Cruz the sum of one dollar and fifty cents, payable out of the General Fund; and all fines imposed by such Justices, for any breach of peace within the corporate limits of the City of Santa Cruz, or for any violation of the city ordinances, shall be paid into the city treasury, and placed to the credit of the General Fund; and it is hereby expressly provided, that no demand shall be allowed or warrant drawn in favor of any Justice of the Peace who shall fail to pay into the city treasury the fines collected in criminal cases, where the crime shall have been committed within the corporate limits of the City of Santa Cruz, when such crime by law is punishable by fine, and which fine, if paid, would have, under the provisions of this Act, been justly due and applicable to the General Fund of the city. SEC. 45. If at any time the Justices of the Peace in the City of Santa Cruz refuse or fail to perform the duties of Police Justice, as by this Act required, it shall be competent, and is hereby made the duty of the Mayor to hold such Court, with all such jurisdiction and authority as is conferred by law upon Justices of the Peace in all criminal matters wherein the crime may have been committed within the corporate limits of said city, and for all violations of city ordinances, and shall be entitled to collect and retain the same fees in all cases as by law and the provisions of this Act shall be paid to such Justices. SEC. 46. The Mayor and Common Council shall have power to levy a poll-tax of not exceeding three dollars upon all male residents within said corporation, between the ages of twenty-one and sixty years, which poll-tax shall be collected as are collected the State and county poll-tax, and the laws for the enforcement of State and county poll-tax are hereby made applicable for the collection of the said city poll-tax; and the said city poll-tax, when collected, shall be and constitute a Street Fund for the City of Santa Cruz. SEC. 47. All Acts and parts of Acts in conflict with any of the provisions of this Act are hereby repealed. SEC. 48. This Act shall take effect and be in force from and after its passage. CHAP. CLXXXII.—[See volume of Amendments to the Codes.] CHAP. CLXXXIII.-An Act requiring the Common Council of the City of Oakland and the Trustees of the Town of Alameda, to pay the claim of N. W. Spaulding for painting the Webster Street Bridge, with interest thereon. [Approved March 11, 1876.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Council to SECTION 1. The Common Council of the City of Oakland, Common Alameda County, and the Trustees of the Town of Alameda, y claim. Alameda County, shall allow and cause to be paid to N. W. Spaulding, from the General Fund of each corporation, the sum of one hundred and fifty-two and sixty-five one hundredth dollars ($152,65%), in gold coin, with interest thereon at the rate of ten per cent. per annum from November first, eighteen hundred and seventy-two, until paid. The same being the amount expended and paid out for the painting of Webster Street draw-bridge, between the Town of Alameda and the City of Oakland. SEC. 2. This Act shall take effect from and after its passage. CHAP. CLXXXIV.-An Act concerning partition fences in the [Approved March 11, 1876.] The People of the State of California, represented in Senate and fence, when SECTION 1. Where the exterior boundaries of the lands Partition of two or more persons are inclosed by a fence, and where to be erected. the lands of one or more persons so inclosed are adjoining, and the owner or owners thereof use such land at any time for the pasturage of any description of live stock, and it becomes necessary for the protection of the rights and interests of one party that a partition fence should be made between them, such persons shall, at the instance of either Party desir ing, to give written notice. Neglect or refusal to build. party, as hereinafter provided, erect or cause to be erected a partition fence on the line between them. SEC. 2. When it becomes necessary, as aforesaid in section one of this Act, to erect a partition fence, the party or parties so desiring the erection of such fence shall notify, in writing, the other party or parties so adjoining, to erect or cause to be erected one-half of such fence, within six months from the date of service of said notice; and in case such party or parties shall fail, neglect, or refuse to build or erect, or cause to be built or erected one-half of such partition fence within six months as aforesaid, then the party or parties who gave or caused the notice to be given may proceed to erect and build the whole of such partition fence, and after the same shall have been so erected and built, the land so partitioned off shall become liable for one-half of the value of such fence, and such claim shall be a lien upon such land, and draw interest at the rate of fifteen per cent. per annum until Lien may be paid. Notice of such lien shall be filed in the office of the County Recorder of the county as provided by law for the filing of notices of mechanics' liens. The value of one-half of such fence at the time of its construction, with the interest thereon, shall be the amount to which the builder or builders of the fence shall be entitled. filed. Partition fences, manner of construct ing Cause of action, when may be SEC. 3. Except when otherwise agreed, partition fences dividing lands shall be strong, substantial, well suited to the protection of inclosures and the keeping of stock, and shall be maintained throughout the year, each party keeping in repair the portion constructed by, adjudged to, or paid for by him. If either party fails to do so, the other may give him three days' notice that he will call upon three disinterested householders, at a specified hour upon the day fixed, to examine such fence, and if they deem it insufficient, to assess the amount necessary to make it sufficient. SEC. 4. If, within fifteen days thereafter, the party to whom such notice has been given shall fail, neglect, or maintained. refuse to repair such fence, the complainant may do so, and in that case he shall have cause of action against the party for the amount so assessed, with twenty-five per cent. damages thereon added. Assessment, impeachment of Lands exempted. SEC. 5. Upon a trial for damages, the defendant may impeach the assessment, and in that case, the Court or jury, as the case may be, shall determine the amount of damages. SEC. 6. The provisions of this Act shall not apply to, or in any manner interfere with lands used for agriculture, when such lands are not inclosed by a fence. SEC. 7. The provisions of this Act shall apply only to the Counties of Colusa and Tehama. CHAP. CLXXXV.-An Act to authorize the Board of Supervisors of Lake County to issue bonds of said county to pay a judg ment recovered against said county in the Sixth Judicial District Court, in and for Yolo County, in the State of California, on May sixth, A. D. one thousand eight hundred and seventyfive. [Approved March 11, 1876.] The People of the State of California, represented in Senate and bonds. SECTION 1. The Board of Supervisors of Lake County, in supervisors this State, are hereby authorized and directed to cause to be to issue prepared the bonds of said county for the sum, in the aggregate, of twenty-one thousand four hundred dollars. Said bonds to be payable on or before the expiration of twenty years from their date, as provided in section five of this Act, and to bear interest at the rate of seven (7) per cent. per annum, and to be known and designated as "The Lake County Judgment Debt Bonds." And each of said bonds shall contain a clause reserving [to] the county the right to pay said bonds as provided in this Act, and that interest thereon shall cease after the expiration of the publication of the notice that said county is prepared to pay said bond. SEC. 2. Said bonds, when so prepared, shall have attached Interest unto them coupons for interest, which said interest shall be coupons. paid annually, and upon the payment of any of said bonds, or the interest thereon, as hereinafter provided, it shall be the duty of the County Treasurer of said County of Lake to take possession of said bond or coupon, and to make the same with the "Canceled," and the date of such cancellation, and to preserve the said canceled bond or coupon in his office; nor shall he pay any such bond or coupon until it shall be surrendered for payment and cancellation. SEC. 3. Said bonds shall be of the denomination of one Denominathousand dollars each, or such fraction of one thousand dol- tion of bonds. lars as may be necessary to make the full sum. payment of SEC. 4. When said bonds are prepared, it shall be the Bonds to be duty of the President of the Board of Supervisors of said offered in county, and the District Attorney thereof, to tender the same judgment. to the President, Secretary, or Managing Agent of the "Clear Lake Water-works Company," and to demand and receive from said company a complete and full satisfaction of record of the judgment obtained by said company against said county, in the District Court of the Sixth Judicial District, in and for Yolo County, on the sixth day of May, A. D. one thousand eight hundred and seventy-five, nor shall they deliver said bonds, or any of them, until said judgment is duly satisfied of record by said company. fund, special SEC. 5. The Board of Supervisors of said Lake County Interest and shall annually, hereafter, at the time they levy taxes for redemption State and county purposes, levy an additional tax upon all tax for. the property in said county, to be collected at the same time and in the same manner as other State and county taxes are |