of the peace, or violation of any city ordinance, shall be paid into the city treasury for the use and benefit of the city. The Sheriff of San Diego County and his deputies, and the Constables within the corporate limits of the City of San Diego, or either of them, are authorized and empowered to serve any and all warrants or legal papers issued by the said Justices of the Peace, in the name of the said city, for the violation of any of the ordinances of the City of San Diego, and they and each of them shall be entitled to such compensation for such services as is now authorized by the laws of the State in such cases made and provided. for. SEC. 25. The Board of Trustees shall, by ordinance, fix Delinquent the time and manner of collecting the tax herein provided taxes, sales for, and the time and manner of selling property for unpaid taxes; provided, that when there is more than one lot, piece, or parcel of land, or other property, assessed to the same owner, and delinquent, the same shall be sold to the bidder who will take the smallest portion thereof for the taxes and costs; all property sold for unpaid taxes shall be subject to redemption upon the same condition as property sold for State and county tax. An Act to repeal the charter and cre- Redemption. ate the Board of Trustees for the City of San Diego, approved January thirtieth, eighteen hundred and fifty-two, also, an Act to extend the police powers of the President and Trustees of the City of San Diego, approved March thirtieth, eighteen hundred and sixty-eight, and an Act to grant further powers to the Board of Trustees, and define boundaries of said city, approved March twelfth, eighteen hundred and seventy, and an Act entitled an Act to incorporate the City of San Diego, approved March seventh, eighteen hundred and seventy-two, and all Acts and parts of Acts in conflict with any portion of this Act, are hereby repealed. SEC. 26. No ordinance or act of the Board of Trustees of the City of San Diego shall be valid and binding unless three members of said Board have voted for the same in the affirmative. lands. SEC. 27. This charter, or Act, shall not be construed as to Outside give the city authorities, or the citizens of San Diego, any control or title to the land lying outside of the city or pueblo boundary line, as confirmed by the patent to the City of San Diego, except for municipal purposes only, nor shall any park, cemeteries, or other property set aside for public purposes, be sold by the city authorities without an Act of the Legislature of this State being first obtained therefor. SEC. 28. This Act shall take effect immediately after its passage. Water sources reserved to State. Action to condemn sanie. Referees to appraise. Payment to made. CHAP. DXLI.—An Act to provide a supply of water for the University, and for the Asylum for the Deaf, Dumb, and Blind. [Approved April 1, 1876.] The People of the State of California, represented in Senate and SECTION 1. Any of the springs and natural sources of water supply which are within a distance of one mile and a half from the extreme limits of the University grounds, together with so much of the lands on which the same are located as are necessary for the protection of said springs and sources of supply, and the right of way for a pipe or aqueduct over intervening lands to reach the same, may be condemned, in the manner hereinafter provided, for the use of the University and Deaf, Dumb, and Blind Asylum, and shall not be taken up or appropriated by any private corporation. Said springs, and sources of water supply, and said lands, are hereby declared to be necessary for the use of the institutions above named, and such use is declared to be a public use. SEC. 2. In order to effect such condemnation, a complaint shall be filed by the Attorney-General, in the name of the people of the State of California, against all owners or claimants of such springs, and of the lands on which the same are situated, and of the lands over which a right of way is sought, where the names are known or can be conveniently ascertained, and against all unknown owners and claimants, designating them as "unknown owners" in said complaint. All the proceedings thereafter shall be had and taken under and in accordance with the provisions of Title Seven, Part Third of the Code of Civil Procedure, except that it shall not be necessary, upon the trial, to show that said springs are necessary to the institutions aforesaid. SEC. 3. Instead of a trial by jury, the District Court may, in its discretion, appoint three Commissioners or Referees to appraise the value of said springs and lands, and the right of way to reach the same from the University grounds, over the lands between said springs and the grounds of the University. SEC. 4. Upon a judgment being rendered for the condemparties, how nation of said springs and lands, and right of way, and appraising the value thereof, and upon filing in said proceeding a written certificate by the Governor, approving such valuation, the Controller shall draw his warrant upon the State Treasurer, in favor of the Treasurer of the Board of Regents, for the amount of such valuation, payable out of any moneys in the General Fund, and said Treasurer of the Board of Regents shall pay the amount forthwith into the Court in which such judgment is rendered, to be paid out, under the order of said Court, to the parties entitled thereto. When said amount is paid into Court, the title to said springs, and land, and right of way shall vest in the State for the use and benefit of the public institutions hereinbefore referred to. SEC. 5. This Act shall take effect and be in force from and after its passage. CHAP. DXLII.—An Act concerning the census of Millville School [Approved April 1, 1876.] The People of the State of California, represented in Senate and sus Marshal. SECTION 1. The Board of School Trustees of Millville Trustees to School District, in Shasta County, are hereby authorized, appoint Cenimmediately upon the passage of this Act, and on or before the first day of March in each year thereafter, to appoint the School Census Marshal for said district, who must be an acting teacher, and notify the School Superintendent thereof. SEC. 2. It is the duty of the said School Census Marshal Duty of of Millville School District, Shasta County, to take the Marshal. census of all the children under seventeen years of age in his district between the first day of March and the first day of July in each year, in accordance with subdivisions two and three of section sixteen hundred and thirty-four, as amended in the "Amendments to the Codes" in section. twenty-one (page ninety-six) of "An Act to amend the provisions of the Political Code relative to public schools," approved March twenty-eighth, eighteen hundred and seventy-four. SEC. 3. This Act shall take effect immediately. CHAP. DXLIII.—An Act supplemental to an Act entitled an Act in relation to highways in the County of Solano, approved March seventeenth, A. D. eighteen hundred and seventy-six. [Approved April 1, 1876.] The People of the State of California, represented in Senate and Roadmasters SECTION 1. Where two or more road districts are united Concerning and formed into one district under the Act to which this Act is supplemental, the Board of Supervisors of said Solano County may remove the Roadmasters of said districts from office, and appoint a Roadmaster for said new district, who shall hold his office till the next general State election, and shall be entitled to the same compensation as provided in said Act to which this is supplemental, and be subject to all of its provisions. SEC. 2. This Act shall take effect on the seventeenth day of May, A. D. eighteen hundred and seventy-six. Ordinances. Concerning laying out, altering, etc., of streets. Commis sioners to view proposed changes. Report. CHAP. DXLIV.-An Act amendatory of and supplemental to an Act entitled "An Act to reincorporate the Town of Woodland," approved March twenty-fourth, eighteen hundred and seventyfour. [Approved April 1, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section twenty-eight of said Act is hereby amended to read as follows: Section 28. All ordinances passed by the Board of Trustees shall be signed by the President and Town Clerk, and published in some newspaper published in said town. SEC. 2. The Board of Trustees of said town are hereby authorized and empowered to order the laying out, opening, alteration, or vacation of any street or alley in said town, after proceedings had as required in this section. Such proceedings shall be had only upon the petition, in writing, of a majority of the persons owning land fronting on said street or alley. If, upon the presentation of such petition, it appears to the Board that such laying out, opening, alteration, or vacation would be a public convenience, they shall publish, in some newspaper published in said town, once a week for a period of three weeks, a notice of their intention to order such laying out, opening, alteration, or vacation, which notice shall be a copy of the resolution of the Board, and shall particularly describe the street or alley to be laid out, opened, altered, or vacated. At the first regular meeting of the Board after the expiration of said publication, the Board may proceed to hear the matter, and may adjourn the hearing from time to time; and if, at the final hearing, the Board shall be of opinion that the said proposed laying out, opening, or alteration would be a public convenience, they shall appoint three disinterested citizens of the town as Commissioners, to estimate the value of the damages and benefits resulting from such work. Said Commissioners shall, after being sworn to a faithful performance of their duties, proceed to view the street or alley proposed to be laid out, opened, or altered, and may employ the services of a surveyor. They shall appraise the value of each parcel of land taken by such improvement, and the amount of damage to any tract which, though not taken, or taken only in part, may be injuriously affected. They shall then estimate the amount of benefit to each tract of land to be benefited by such improvement, and shall apportion the gross sum to be paid for compensation and damages among the tracts benefited, in proportion to the amount of benefit accruing to each. They shall return their report and assessment to the Board at least five days before the next regular meeting thereof. Any person considering himself aggrieved by the award of the Commissioners, may appeal to the Board of Trustees, by filing with the Clerk, before the day of such regular meeting, a notice, stating the award appealed from, and the grounds from awards. collect of appeal. The award of the Commissioners shall be final Appeals and conclusive against any person not so appealing. At such regular meeting the Board shall proceed to hear and determine all such appeals, and may correct or modify the awards appealed from, to such extent as they may deem proper, so as to make the same just and equal. They shall then, by order, award to the persons whose property is taken or injuriously affected, the amounts of damages or compensation respectively awarded by the Commissioners, or by the Board on appeal, and provide for the payment of the same. They shall also, by the same order, direct the Clerk to make from the report of the Commissioners, as corrected on appeal, an assessment roll of the property assessed for benefits, on which roll each tract shall be specifically described and assessed to the owner if known, and if not, to "unknown owners." Within such time as may be directed in such order, the Clerk shall complete said roll, and place the same in the hands of the Marshal for collection. Upon his receipt of said roll, the Marshal to Marshal shall proceed to collect said assessments in the same assessments. manner as town taxes are collected, except that the Board shall, by order or by ordinance, fix the times of collection, delinquency, and sale; and the Marshal is hereby authorized and directed to sell any property upon which the said assessment is not paid, in the manner in which sales for State and county taxes are conducted. All assessments, when collected, shall be paid into the town treasury, and all damages and compensation awarded shall be paid out of the town treasury. Upon the payment or tender of the amounts awarded for Right of damages and compensation, the right of way for such street way. or alley, over each parcel taken, shall be deemed to be condemned, and to have vested in said town; and the Clerk shall, immediately after such payment or tender, file in the office of the Recorder of Yolo County a certificate of such condemnation, which certificate shall particularly describe each tract condemned, and state the name of the owner thereof, and the Recorder shall record the same in the books in which deeds are recorded. Such certificate, or the record thereof, shall be prima facie evidence of the facts therein recited. The compensation of the Commissioners and surveyors shall be fixed by the Board, and the same, together with the expenses of the Commission, shall be paid out of the town treasury. If the proposed improvement consist in compensathe vacation of any street or alley, or of any part thereof, the tion of Comsame may be ordered by the Board at their first regular meeting after the publication of their resolution of intention, without the appointment of Commissioners. SEC. 3. This Act shall take effect and be in force from and after the twenty-ninth day of April, A. D. eighteen hundred and seventy-six. missioner. |