tion of ten days, by said Treasurer, in the presence of the Mayor and the bidders, if they or any of them shall elect to be present, for the surrender of bonds issued under this Act, which advertisement shall state the amount of money in the custody of the said Treasurer for the purpose of redemption, and he shall accept the lowest proposals, at rates not exceeding par value, as may redeem the greater amount of bonds, until the amount of cash on hand for the redemption is exhausted; provided, however, that if a sufficient amount of bonds shall not be offered as aforesaid to exhaust the sinking fund to a less amount than three thousand dollars, then it is hereby made the duty of the said Treasurer to advertise in two daily newspapers, one of which shall be published in the City and County of San Francisco, and the other of which shall be published at the City of Sacramento, for the period of sixty days, Sundays and legal holidays excepted, which advertisement shall state the amount in the sinking fund, and the number of bonds, numbering them in the order of their issuance, which such fund is set apart to pay and discharge; and if said bonds, so numbered in such advertisement, shall not be presented for payment and cancellation within thirty days after the expiration of the publication of said advertisement, then said fund shall remain in the treasury to discharge such bonds whenever presented; but they shall draw no interest after publication of said last-mentioned notice shall have expired. All bonds and coupons redeemed as aforesaid shall be canceled by the Treasurer in the presence of the Mayor and Auditor. The Treasurer shall keep a full and accurate account and record of all his proceedings under this Act, and of the bonds redeemed and surrendered, and all books and papers pertaining to matters provided for in this Act shall at all times, during office hours, be open to public inspection. Taxes levied to pay the interest on said bonds charge taxes, may be paid by the surrender to the Tax Collector of said city and county of such coupons as shall mature within the then current fiscal year, and the said Tax Collector shall turn the same over to the Treasurer, who shall receive the same as cash.

Record of proceedings.

Coupons may dis

Block books must show.

SEC. 14. The said Board of Commissioners shall cause block books to be prepared, exhibiting the district declared herein to be benefited by the opening of said street, according to the blocks or fractional parts of blocks thereof, and the subdivisions, according to which the benefits were fixed and determined; also, in convenient book form, descriptions of the several subdivisions shown on said block books, and shall set opposite to each description of such several subdivisions the amount of benefits or enhanced value to said subdivision as established by said confirmed report, by reason of the opening of said street. Said block books and description note books shall be certified by the said Board, and then delivered by the said Board to the Assessor of the City and County of San Francisco, in whose office they shall be kept as a part of the records of his office until all the bonds issued in pursuance of this Act shall have been redeemed. Taxes levied to pay the interest and principal of the bonds issued

in pursuance of the provisions of this Act shall be apportioned on the lands described in section three of this Act, in strict accordance with the enhanced values of the respective parcels thereof, as established by said confirmed report; provided, however, that if there shall be subdivisions made of particular parcels of land differing from those set forth in the certified copy filed in said Assessor's office, the said Assessor shall have the power, and it is hereby made his duty, to equitably apportion the sum of the benefits upon and according to the new subdivisions of the said particular parcel aforesaid.

flicting

SEC. 15. In all cases when the owner or owners of any When consubdivision of land taken for the widening of said street, or claims, title of any improvements destroyed or injured, is or are unknown, shall vest. or is or are known to be laboring under any legal disability, and in cases where there are liens or incumbrances, or leases or conflicting claims, or disputes or doubts about the title of any lot or subdivision of land, which cannot be adjusted between the parties in interest, in all such cases it shall be the duty of the Board of Commissioners to draw a warrant on the Treasurer of said city and county, payable out of said "Dupont Street Fund," for the amount awarded in each case as the value of the respective lots of land taken for said street, or for damages awarded on account of improvements destroyed or injured by reason of the widening thereof, as fixed in said report, and to deposit said warrant with the County Clerk of said city and county; and thereupon, and on proof of the same, the said Board shall be entitled to be put in possession of such lots of land as shall be taken for said street, in the same manner as provided in section sixteen of this Act; and the title to said lots of land shall thenceforth be vested in said city and county as effectually as if the same. had been conveyed by deed executed by the true owners thereof. Said Board shall also notify the said Treasurer of the drawing of said warrant, and furnish him with a description of the lot referred to by said warrant; and the parties. in interest in said lot may proceed against the Treasurer by bill in equity for an adjudication to settle the conflicting claims to the same, or to provide for its just and proper distribution, in which suit all parties in interest or dispute shall be made parties, if known. On entry of a final decree of Court in such action the said County Clerk shall deliver the warrant to the party or parties entitled thereto, according to the order of the Court. The only requisition upon the Treasurer shall be to answer whether he has the money in the "Dupont Street Fund" to pay the warrant when presented.

payment.

SEC. 16. In case any person to whom, or in whose favor, Failure to damages shall have been awarded by said Board, shall fail accept or neglect, for the period of twenty days after there shall be funds to the credit of the "Dupont Street Fund" sufficient to pay such damages, to ask for and receive from said Board a warrant for the sum so awarded, the said Board may draw a warrant upon said Treasurer in favor of said owner or owners, and deposit the same with the Clerk of said city and county, accompanied by a certificate of said Treasurer that

Court may

ty to city.

the warrant so drawn and deposited has been registered by him, and that there are funds in his hands to pay the same; and thereupon said Board, on demand, shall be entitled to deed proper an order of the County Court, authorizing them to enter upon such piece of land and remove obstructions therefrom, and to throw open the lots so described as part of said street; and thereupon an execution may issue to the Sheriff of said city and county, commanding him to put the said Board in possession of such lot for the said city and county; and thereafter, upon delivering to the said County Court a sufficient deed conveying said lot of land to the said city and county, the party so dispossessed shall be entitled to receive the value of the land so conveyed, or the said warrant of the Board therefor.

Removal of buildings,

etc.

City to

etc.

SEC. 17. Should the owners of any land taken for said street fail or neglect, within the space of thirty days after the money is in the treasury to pay the same, to remove the buildings and improvements from their said lands, and deliver possession of said lands to said Board, on tender from said Board to them respectively of the sums awarded to them respectively by said Board as the value of such lands, buildings, or improvements, then the said Board may, at any time thereafter, sell such buildings and improvements at public auction to the highest bidders, to be removed by the respective purchasers thereof. The sums so bid at such sales shall be paid in cash or in such warrants of said Board; and if at such auction there shall be no responsible bidder for such improvements, with the obligation to remove them within the time specified in the terms of sale, said Board shall cause the same to be removed at the cost of said "Dupont Street Fund."

SEC. 18. The said street, when widened, shall, without grade, sewer, delay, be sewered, graded, sidewalked, and paved by the municipal authorities, in accordance with the provisions of law now or hereafter applicable thereto, and the expense of such work shall be assessed upon the adjacent property, or be borne by the city and county, in the same manner as if the said street remained of its original width.

Railroad track.

Supervisors may order street widened.

SEC. 19. The railway track in said street shall be removed and changed to the centre of the same by the street railroad companies now using tracks therein.

SEC. 20. The word persons, when used in this Act, shall be held and construed to include corporations. All bonds and warrants shall be payable, and all taxes shall be collected, in United States gold coin.

SEC. 21. The Board of Supervisors of the City and County of San Francisco are hereby authorized, if, in the judgment of said Board, it should be expedient that Dupont Street be widened in accordance with and in the mode prescribed by this Act, to express such judgment by resolution or order in such form as they may deem advisable, within sixty days after the passage of this Act, and in the event that said Board of Supervisors, within said period of sixty days after the passage of this Act, should fail to pass an order or adopt a resolution declaring it expedient to widen Dupont Street

under the provisions of this Act, no further proceeding shall be had or taken under this Act for any purpose whatever, and said street shall remain of its present width; but if said Board pass such resolution, then all proceedings thereafter shall be taken under the provisions of this Act.

deemed

SEC. 22. The completion of the work described in this completion Act shall be deemed an absolute acceptance by the owners of of work to all lands affected by this Act, and by their successors in acceptance. interest, of the lien created by this Act, upon the several lots so affected, and it shall operate as an absolute waiver of all claim in the future upon the City and County of San Francisco for any part of the debt created by the bonds authorized to be issued by this Act, and their successors in interest. This shall be regarded as a contract between said owners and the holders of said bonds and said city and county, and this provision shall be stated on the face of the bonds.

SEC. 23. This Act shall take effect from and after its passage.

CHAP. CCCXXVII.-An Act to confer further powers upon the Board of Supervisors of the City and County of San Francisco and upon the Auditor and Treasurer thereof.

[Approved March 24, 1876.]

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

ate money

SECTION 1. The Board of Supervisors of the City and Supervisors County of San Francisco are hereby authorized and fully to appropri empowered to appropriate, allow, and order paid out of the for grading. General Fund of said city and county, a sum not exceeding twenty thousand dollars ($20,000), to be expended under their supervision, for the purpose of aiding in the work of grading and macadamizing Mission Street, or the county road, from Twenty-sixth Street to Silver Avenue, and especially constructing all necessary bridges and culverts thereon as may be found necessary for the proper execution and safety of the work; provided, that no part of the sum hereby authorized to be appropriated shall be so appropriated or paid out until the completion of the said work, and that after the work shall have been completed the City and County of San Francisco shall not be held responsible for keeping the road in repair, and that all expenses of said repairs shall be borne. by the property holders on the line of said improvement.

be incurred.

SEC. 2. The Auditor of said city and county is hereby Amount of authorized and required to audit and allow, and the Treas- expenses to urer thereof to pay, all such sums of money as may be authorized by said Board of Supervisors for and on behalf of the above-named work, not exceeding the sum of twenty thousand dollars.

SEC. 3. This Act shall take effect and be in force from and after its passage.

Preamble.

Sureties released.

CHAP. CCCXXVIII.-An Act for the relief of John Parnell,
James Byrnes, and Patrick Ryan.

[Approved March 24, 1876.]

WHEREAS, James E. Ryan was indicted by the Grand Jury
of the City and County of San Francisco for the crime
of assault with intent to commit murder, and gave bail in
the sum of fifteen thousand dollars, by a written under-
taking, with John Parnell, James Byrnes, and Patrick
Ryan as sureties, and thereafter fled the jurisdiction of the
Municipal Criminal Court of the said city and county,
in which said indictment was and is pending, and did not
appear for trial therein, and by reason thereof his said bail
was by said Court declared forfeited; and, whereas, the
said bail, viz: the said sureties on said undertaking, have
recaptured the said James E. Ryan, and duly surrendered
him to the Sheriff of said city and county, who now has
him in custody, ready to answer said indictment; and,
whereas, the said Court, from lapse of time, has no power
to set aside the said forfeiture; now, therefore,

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

SECTION 1. The said John Parnell, James Byrnes, and Patrick Ryan, and each of them, are hereby released and discharged from all liability as sureties on said undertaking of bail.

SEC. 2. Said sureties and each of them may plead such release and discharge in any action brought, or hereafter to be brought, on said undertaking, as a full and complete defense thereto.

SEC. 3. This Act shall take effect immediately.

Corporate

name.

CHAP. CCCXXIX.-An Act to incorporate the Town of St.
Helena.

[Approved March 24, 1876.]

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

SECTION 1. The people of the Town of St. Helena, Napa County, shall be a body politic and corporate, under the name and title of the "Town of St. Helena," and by that name shall have perpetual succession; and by that name may sue and defend in all Courts, make contracts, purchase, receive, and hold property, sell, convey, transfer, or authorize the disposition of the same; and by that name may do any and all acts which the said town has power to do under this Act of incorporation. The said town may have a common seal, and may alter the same at pleasure.