fifteen, and the convevance from the City of Santa Barbara to Valentine W. Hearne, made on the nineteenth day of August, eighteen hundred and fifty-six, for block number two hundred and eighty-six, are all and each of them hereby confirmed. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. CCXV.—An Act to amend an Act to incorporate the City of Santa Barbara, approved March tenth, one thousand eight hundred and seventy-four. [Approved March 15, 1876.] The People of the State of California, represented in Senate and consist of. SECTION 1. Section three of said Act is hereby amended common so as to read as follows: Section 3. The Common Council Council, to of said city shall consist of five members, one to be elected. from each ward, who, with the Mayor, Marshal, Assessor, Tax Collector, and Police Judge, shall be chosen at an election to be held in said city on the first Monday of April, eighteen hundred and seventy-six, and on the first Monday in April every two years thereafter, and shall hold their Terms of office until their successors are elected and qualified. The office. Mayor shall be President of the Council, and shall have the casting vote in case of a tie; and neither Mayor nor Councilmen shall receive any compensation for their services, and no Councilman shall be appointed to any city office. row money SEC. 2. Section seven of said Act is hereby amended so City to boras to read as follows: Section 7. The said City of Santa for sewering, Barbara is hereby authorized to borrow the sum of thirty grading, etc. thousand dollars, in gold coin, upon the faith and credit of the city, for the purpose of sewering said city, opening and grading streets, and building bridges therein; provided, that the same shall be consented to by a majority of the legally Consent of qualified electors of said city who shall vote at a special elec- electors. tion to be held in said city, which election shall be held and conducted in conformity with an ordinance calling the same. Fund. SEC. 3. Section ten of said Act is hereby amended so as to read as follows: Section 10. To provide for the payment Interest and of said bonds, and the interest thereon, an annual tax shall Sinking be assessed and collected not exceeding one-fourth of one per cent., and the money resulting from the said tax shall be devoted to the payment of the interest of the said bonds, and constitute a sinking fund for their redemption. streets, etc. SEC. 4. Section eleven of said Act is hereby amended so Laying out as to read as follows: Section 11. The Mayor and Common Council to Council of said city shall have power and authority to pro- appoint vide for laying out, opening, extending, widening, straight- sioners. ening, or closing up, in whole or in part, any street, lane, or alley within the bounds of said city, which in their opinion Commis Improve ments, when at owners' expense. the public convenience may require; and they may appoint three Commissioners to ascertain whether any and what amount of value of damage will be caused thereby, and what amount of benefit will thereby accrue to the owner or possessor of any land or improvements for which such owner or possessor ought to be compensated, or ought to pay a compensation; and said Commissioners must decide what property within the city will be benefited by the contemplated improvement, and all property benefited thereby shall be assessed for the same according to the value of the property assessed. SEC. 5. Section twelve of said Act is hereby amended so as to read as follows: Section 12. Whenever the owners of a major part of the property fronting on any street, or any part of a street, not less than one block, desire to improve such street or part of a street, by grading or paving the same, or constructing sewers or sidewalks, or otherwise, the Mayor and Common Council shall make such improvement at the expense of all the owners of the property on such street, or designated portion thereof, which expense must be in proportion to the number of front feet owned by each; provided, that sidewalks may be constructed in like manner on one side of a street or part of a street, whenever the owners of a major part of the property fronting thereon so desire. SEC. 6. This Act shall take effect and be in force from and after its passage. Suit for State not to attach ten dollars or less. CHAP. CCXVI.-An Act to regulate proceedings for the collection of taxes, and to prevent oppressive costs. [Approved March 15, 1876.] The People of the State of California, represented in Senate and SECTION 1. In all cases when actions have been brought taxes, costs in the name of the State to recover taxes, under the proviswhen sum is ions of an Act entitled "An Act levying State taxes for the twenty-fourth and twenty-fifth fiscal years, and to provide for the enforcement thereof," approved March twenty-eighth, eighteen hundred and seventy-four, and the amount of tax sued for is ten dollars or less, the defendant or defendants in each of said actions respectively shall be permitted to settle the same on the payment of the amount sued for, without costs; and upon the payment into Court of the said amount, the defendant or defendants shall be entitled to have the action dismissed. No charge or cost of any kind shall be required of such defendant or defendants, by the Clerk or any other person, either before or after such payment into Court, any law to the contrary notwithstanding. SEC. 2. This Act shall take effect immediately. CHAP. CCXVII.-[See volume of Amendments to the Codes.] CHAP. CCXVIII.-[See volume of Amendments to the Codes.] CHAP. CCXIX.-An Act to repeal "An Act to exempt firemen in Nevada, Placer, El Dorado, Santa Clara, Solano, Sonoma, Alameda, and Siskiyou Counties, from the payment of polltax," approved March twenty-seventh, eighteen hundred and seventy-four. [Approved March 15, 1876.] The People of the State of California, represented in Senate and SECTION 1. "An Act to exempt firemen in Nevada, Placer, Act repealed. El Dorado, Alameda, Santa Clara, Solano, Sonoma, and Siskiyou Counties, from the payment of poll-tax," approved March twenty-seventh, eighteen hundred and seventy-four, is hereby repealed. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCXX.-[See volume of Amendments to the Codes.] CHAP. CCXXI.-[See volume of Amendments to the Codes.] CHAP. CCXXII.-An Act to protect sea-gulls in the neighborhood of Santa Monica. [Approved March 15, 1876.J The People of the State of California, represented in Senate and SECTION 1. Every person who willfully kills or destroys Misdemeanany of that species of sea-birds known as gulls, within five or. miles of the Town of Santa Monica, in Los Angeles County, is guilty of a misdemeanor. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCXXIII.-[See volume of Amendments to the Codes.] CHAP. CCXXIV.-[See volume of Amendments to the Codes.] Corporate CHAP. CCXXV.—An Act to amend an Act entitled “An Act to reincorporate the City of Petaluma," approved March twentyseventh, A. D. eighteen hundred and sixty-eight, and supplemental thereto. [Approved March 15, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section three of said Act is hereby amended vested in five to read as follows: Section 3. The corporate powers of the powers, to be Trustees. Meetings. City of Petaluma shall be vested in a Board of five Trustees. Any three of said Trustees shall constitute a quorum. The meetings of said Board of Trustees shall be at stated times and places established by ordinance, but they may be convened by the President at any time. Said Board of Trustees shall assemble on the first Monday after their election, and shall take the oath of office, and shall choose a President from their number, who shall be the President of said Board of Trustees. Said Board of Trustees shall judge of the election and qualification of its own members. They shall keep a journal of their own proceedings, and, upon the request of any member, shall cause the yeas and nays to be taken on any question before them and entered upon the minutes. Vacancies. Their proceedings shall be public. In case of vacancy by death, resignation, or absence from the meetings of the Board for ninety days, the remaining Trustees shall fill such vacancy by appointment, entered upon their minutes. Annual elec tion for city officers. SEC. 2. Section five of said Act is hereby amended to read as follows: Section 5. An election shall be held annually for the election of two or three Trustees, a Recorder, a Treasuerer, a Marshal, and an Assessor. Three Trustees shall be elected at the election held in April, A. D. eighteen hundred and sixty-eight, and three each alternate year thereafter; and two Trustees shall be elected at the election held in April, A. D. eighteen hundred and sixty-nine, and two each alternate year thereafter. Two of the present Board of Trustees shall hold office for one year in addition to their present term, said two to be selected by the present Board of Trustees by lot. Said election shall be by the qualified electors of said city, and shall be held on the third Monday of April of each year. No person shall be qualified to be elected to any office unless he is a qualified elector, and has been a resident of electors. said City of Petaluma for one year next preceding his elec- Board of Trustees shall appoint a City Attorney, a City Official SEC. 3. Section seven of said Act is hereby amended to certificates read as follows: Section 7. The three or two persons, as of election. the case may be, receiving the highest number of votes for Trustees, shall be declared elected Trustees, and the person receiving the highest number of votes for any city office shall be declared elected to said office, but no person shall hold two city elective offices at one time. If two persons receive the same number of votes for any office, and an election is thereby prevented, the Board of Trustees, or so many of them as may be elected, shall elect one of said persons to said office, and cause a certificate of election to be issued to him. The said Inspector and Judges shall, within five days after each election, issue certificates of election to the persons elected. The term of office of the members of the Board of Trustees shall commence on the Monday next succeeding their election, and shall continue for two years and until their successors are qualified. The Recorder, Treasurer, Marshal, and Assessor-elect, shall, within ten days after receiving bonds. a certificate of election, file their bonds respectively, and take the oath of office, which shall be indorsed on their respective bonds. If any officer, of whom bonds are required, shall fail to file his bond and take such oath of office within said ten days, said Board of Trustees may, by order entered on their minutes, declare such office vacant, and proceed to fill the same by appointment, entered on their minutes. The City Clerk shall file any bond offered with the oath of office indorsed thereon, but if such bond shall not be approved by the Board of Trustees, they shall, by order entered on their minutes, direct the City Clerk to notify the officer filing said bond that said bond is not approved, and if such person shall, for the term of ten days after receiving said notice, fail to file another and additional bond which said Board of Trustees shall approve, said Board may, by an order entered on their minutes, declare said office vacant, and fill the same by appointment. The order approving every bond shall be entered on the minutes, with the date thereof. The terms of office of said Recorder, Treasurer, Marshal, and Assessor |