Supervisors shall examine such estimates and make an estimate themselves, which latter estimate shall be entered upon their records, and shall be the official estimate for the year; provided, however, that the estimate of the Supervisors shall not exceed the average of the estimates made by the officers; and provided further, that the first estimate shall be from the organization of the Board until the commencement of the fiscal year in eighteen hundred and sixty-nine. ed beyond 60 estimate. violating. SEC. 34. It shall be unlawful for the Supervisors to make and No debts to allow, or for the Auditor to approve, any contract, claim or be contract. account accrued during any period for which the estimate men- per cent. of tioned in the next preceding section has been made, when such contract, claim or account, added to all the contracts, claims and accounts previously made, accrued, allowed or approved, and such as are fixed by law, will amount to sixty per centum of the official estimate. And every pretended contract, claim or account Penalties for attempted to be made, allowed or approved, contrary to the provisions of this section, shall be, and it is hereby declared and determined to be, a fraud, and wholly void against the county, either as an agreement or contract, or as the foundation of quantum meruit or quantum valebat; and each Supervisor who votes to make or allow, and the Auditor who approves any such contract, claim or account, shall be guilty of a misdemeanor, and on conviction his office shall become vacant, and he shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both fine and imprisonment; and each Supervisor who votes to make or allow, and the Auditor who approves such contract, claim or account, shall be personally liable to the party of the other part for the payment thereof; provided, however, that the prohibition of this section Exceptions, shall not apply to the allowing and approving of claims fixed by law, or of payments required by law to be made; nor shall it apply, so far as such additional moneys are concerned, when there are moneys received beyond the estimate. If any officer required by section thirty-three to make an estimate fails, neglects or refuses to do so at the proper time, his office shall be declared vacant, and he shall be proceeded against for misde meanor. SEC. 35. All moneys derived from any source, for which a fund is not by this Act specially provided, shall be paid into the Contingent Fund of the county. SEC. 36. All valid orders of the Board of Supervisors heretofore made, not inconsistent with the provisions of this Act, are hereby continued in force until repealed by authority of law. Judge. SEC. 37. There shall be elected by the qualified electors of County the county, at the time and in the manner provided by law, in the year eighteen hundred and seventy-one, and every four years thereafter, one County Judge, who shall hold his office for the term of four years and until his successor is elected and qualified. There shall also be elected, at the time and in the manner provided by law, in the year eighteen hundred and sixty-nine, and every two years thereafter, by the qualified electors of their respective townships, two Justices of the Peace Justices of for each township in the county, who shall hold their office for the Peace. the term of two years, and until their successors are elected and qualified. SEC. 38. The Board of Supervisors shall not be authorized to levy any other or greater taxes for county purposes than are specially provided to be levied in this Act; nor shall any jury or witness fees in any civil or criminal action or proceeding be made a charge, or allowed against the county. SEC. 39. The assessment rolls of the County of San Diego for the years eighteen hundred and sixty, eighteen hundred and sixty-one, eighteen hundred and sixty-two, eighteen hundred and sixty-three, eighteen hundred and sixty-four, eighteen hundred and sixty-five, eighteen hundred and sixty-six and eighteen hundred and sixty-seven, are hereby legalized and made valid. SEC. 40. All and every of the county, district and township officers of the county are hereby continued in their respective offices until their successors are elected and qualified under the provisions of this Act. SEC. 41. All officers provided to be elected, appointed or named under the provisions of this Act shall, before entering upon the duties of their respective offices, execute and file, in the manner and form provided by law, such official bonds as may be required of them by the Board of Supervisors, and shall take the oath of office. SEC. 42. An Act to create a Board of Supervisors for the County of San Diego, and to define their duties, approved May third, eighteen hundred and fifty-two, and the several Acts amendatory thereof and supplementary thereto; also an Act relative to the Board of Supervisors of San Diego County, approved April fifteenth, eighteen hundred and fifty-eight; also an Act to authorize the Board of Supervisors of the County of San Diego to levy a special tax for road purposes, approved April twenty-first, eighteen hundred and fifty-eight; also an Act to regulate the fees of the County Clerks of Los Angeles and San Diego Counties, which became a law by operation of the Constitution, April twenty-seventh, eighteen hundred and sixty; also an Act to regulate the proceedings of the Board of Supervisors of the County of San Diego, and to define their duties, approved April seventeenth, eighteen hundred and sixtytwo; also an Act in relation to the office of Superintendent of Common Schools in the County of San Diego, approved April nineteenth, eighteen hundred and sixty-two; also an Act in relation to the office of Superintendent of Common Schools in San Diego County, approved April first, eighteen hundred and sixtyfour; also an Act to provide for levying, assessing and collecting of a Cash Contingent Fund for the County of San Diego, approved April first, eighteen hundred and sixty-four; and all other Acts and parts of Acts conflicting or inconsistent with the provisions of this Act, are hereby repealed, so far as the same are in conflict with the provisions of this Act. SEC. 43. This Act shall take effect and be in force from and after the first day of April, A. D. one thousand eight hundred and sixty-eight. CHAPTER CXCVII. An Act to authorize the County of Sonoma to donate bonds to a railroad company, and to provide for the payment of the same. [Approved March 18, 1868.] The People of the State of California, represented in Senate and SECTION 1. A special election shall be held in the County of Election, Sonoma, at the several places of holding elections therein, on the second Saturday of May, eighteen hundred and sixty-eight, for the purpose of submitting to the qualified electors of said county the proposition for the County of Sonoma to donate certain sums to a railroad company. SEC. 2. It shall be the duty of the Board of Supervisors of Publication. said county to cause a notice to be published, for at least fifteen days previous to said election, in one or more newspapers published in said county, stating the propositions to be submitted to said electors, and the time and manner of voting thereon. submitted. SEC. 3. The propositions so to be submitted to said electors Propositions are as follows, viz: The Sonoma County and Vallejo Railroad Company, a company organized to build a railroad from Vallejo, Solano County, to Healdsburg, propose, and are hereby authorized, to build a railroad from Vallejo to Cloverdale, with a branch from Santa Rosa to Bloomfield, and ask the County of Sonoma to make a donation to aid in the construction of said road, as hereinafter provided. The Sonoma County Railroad Company, a company organized to build a railroad from Petaluma to Healdsburg, propose to build a railroad from Cloverdale, by way of Healdsburg, Santa Rosa and Petaluma, to Marin County line, with a branch from some point on said road, to Bloomfield; and said company and its assigns are hereby authorized to build said road from Cloverdale to Marin County line, and also said branch to Bloomfield. And said propositions so to be submitted are: First-Which road is preferred? Second-Will the county donate, as asked, to the company building the preferred road? Donation SEC. 4. The donation so asked by the said Sonoma County nona. and Vallejo Railroad Company is as follows: That the Treas urer of the County of Sonoma shall deliver to the said Sonoma County and Vallejo Railroad Company, the bonds of said county, prepared as hereinafter provided, as follows, viz: Forty thousand dollars of said bonds to be delivered upon the completion of the railroad so proposed to be built by said company to the point of location nearest the plaza, in the town of Sonoma; twenty thousand dollars of said bonds to be so delivered on the completion of said road five miles northwardly from the last mentioned point; twenty thousand dollars of said bonds to be so delivered on the completion of the next contiguous five miles; and thirty thousand dollars of said bonds to be so delivered on the completion of said road to a point of location nearest the Court-house, in the town of Santa Rosa; and ninety-five thousand dollars of said bonds to be so delivered on the completion Donation asked. Form of bal lots. If donation to issue. of said road within eighty rods of the plaza, in the village of Healdsburg; and ninety-five thousand dollars of said bonds to be so delivered on the completion of said road from Santa Rosa to Bloomfield; and ninety thousand dollars of said bonds to be so delivered on the completion of said road to Cloverdale. The donation so to be made to the Sonoma County Railroad Company, or its assigns, is as follows: The Treasurer of the County of Sonoma shall deliver to said Sonoma County Railroad Company, or its assigns, the bonds of said county, prepared as hereinafter provided, as follows: Twenty-five thousand dollars of said bonds to be so delivered on the completion of each five miles of the railroad so proposed to be built by them; provided, that none of said bonds shall be so delivered until the completion of ten consecutive miles of said road northerly from the City of Petaluma; and provided further, that if the last section or part of said road shall be less than five miles, five thousand dollars of said bonds shall be delivered for every mile of said last section or part of said road when completed; and five thou sand dollars of said bonds shall be so delivered for every mile of said branch to Bloomfield, whenever said branch shall be completed. SEC. 5. Two ballots shall be used at said election, and they shall be in the form hereinafter given. One of said ballots shall be in the following form: "I prefer the railroad from Cloverdale to Vallejo. Donation-Yes. No." And the other shall be in the form following: "I prefer the railroad from Cloverdale to Marin County line. Donation-Yes. No." If the ballots cast at said election which have the words thereon "Donation-No," exceed in number the ballots which have thereon the words "Donation-Yes," then and in that case the said donation shall be deemed to have been lost. But if the ballots cast at said election which have the words thereon "Donation-Yes," exceed in number the ballots which have the words thereon "Donation-No," then and in that case the said donation shall be deemed to have been carried. And if the ballots cast at said election which have the words thereon, "I prefer the railroad from Cloverdale to Vallejo," exceed in number the ballots which have the words thereon, "I prefer the railroad from Cloverdale to Marin County line," the said donation shall be deemed to be, and shall be, made to the said Sonoma County and Vallejo Railroad Company. But if the ballots cast at said election which have the words thereon, "I prefer the railroad from Cloverdale to the Marin County line," exceed in number the ballots which have thereon, "I prefer the railroad from Cloverdale to Vallejo," the said donation shall be deemed to be, and shall be, made to the said Sonoma County Railroad Company. SEC. 6. If a donation is so made to either of said companies, made, bonds the Board of Supervisors of said county are hereby authorized, empowered and directed, immediately after the result is known and ascertained, to make and execute, in the name of said county, the bonds necessary to make the donation voted. Said bonds shall be of one thousand dollars each, and shall be payable to the order of the President of the company entitled thereto under the provisions of this Act. Said bonds shall bear interest at the rate of eight per cent. per annum, and the prin cipal thereof shall be made payable on a day to be named therein, which shall be twenty years from their date, at the office of the Treasurer of the County of Sonoma, both principal and interest to be payable in the gold coin of the United States, dollar for dollar. The interest accruing on said bonds shall be due and payable on the first day of January of each year, so long as said bonds are outstanding unpaid, at the Treasurer's office, in said county. pare and SEC. 7. Said bonds shall be prepared and signed by the Chair- County offi man of the said Board of Supervisors, the Auditor and the cers to preTreasurer of the said county; and when prepared and signed, sign bonds. shall be forthwith presented to the Clerk of the County of Sonoma, who shall countersign the same officially and cause the seal of said county to be affixed to or impressed upon each of said bonds so countersigned. Coupons for the annual interest shall be attached to each bond so that they may be removed without mutilation of the bond, and they shall be signed by the Treasurer of the County of Sonoma. When any interest shall be paid on a bond, under the provisions of this Act, the County Treasurer shall receive the detached coupons for the interest then due and paid, and shall cancel and file the same in his office, and report the same to the Board of Supervisors. titled. SEC. 8. Said bonds shall be dated and bear date of the day Delivered to on which they shall be delivered to the company, in accordance company enwith the provisions of this Act. Said bonds shall be delivered to the company entitled to the donation, on complying with the conditions and limitation prescribed by this Act. They shall be so delivered in amount, and at the time and upon the conditions specified in section four of this Act, and when so delivered shall be due and payable from said county to said company, or its assigns, in accordance with the provisions of this Act and with the terms of said bonds. If the donation shall be made to the Sonoma County and Vallejo Railroad Company, then the amount of said bonds specified in section four of this Act to be delivered to said company shall be delivered to said company in accordance with the provisions of said section four. And if the donation shall be made to the Sonoma County Railroad Company, or its assigns, then the amount of said bonds specified in section four of this Act to be delivered to said company, or its assigns, shall be delivered to said company, or its assigns, in accordance with the provisions of said section four. The said Treasurer Receipts. shall take receipts for the same when delivered, and report the same to the Board of Supervisors, who shall cause a minute of the same to be entered upon their records. deem. SEC. 9. The said Board of Supervisors shall, previous to Tax to remaking the duplicate or general assessment list for said county in each year, levy a tax, to be styled "Railroad Interest and Sinking Fund Tax," sufficient to raise the amount of interest required to be paid and to provide a Sinking Fund for the payment of said principal sum as shall have been donated under the provisions of this Act; and for every year, until the said bonds issued under this Act shall be paid and liquidated. The said taxes shall be levied and collected in the same manner as the general taxes for county purposes, and when collected shall be paid to the County Treasurer, to be kept in a separate fund |