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Result of election.

Subscrip

tions how made.

Payable in

city voting upon said proposition vote "Yes," then and in that event the said Mayor and Common Council shall, in the name of the said City of Los Angeles, for the use, benefit and advantage of said city, take and subscribe to the capital stock of said railroad company stock to the said amount of seventy-five thousand dollars, in gold coin of the United States of America, and therefor to pledge the faith of the City of Los Angeles for the payment of the same in the manner hereinafter provided.

SEC. 6. The said subscription shall be made by a committee of three members of said Common Council, to be appointed by an order of said Council for that purpose, and who shall perform that duty immediately thereafter.

SEC. 7. The said committee so appointed shall make such bonds at par. subscription, conditioning the same to be paid in the bonds of the said City of Los Angeles, the principal and interest of said bonds to be paid in United States gold coin, which said bonds shall be issued as hereinafter directed, and not otherwise; and for such subscription said bonds shall be received at par, dollar for dollar.

Loan Com

To issue bonds.

Interest.

paya

SEC. 8. The said Mayor and Common Council, from time to missioners. time, as the payment of said subscription shall be required to be made of such capital stock so subscribed, shall by order direct the Mayor of said city, the President of said Common Council and the City Treasurer, who for that purpose, and their successors in office, shall constitute a Board of Commissioners to be styled the Loan Commissioners of said city, as such Loan Commissioners, to issue bonds in sums of five hundred and one thousand dollars, in equal proportions, for such amount of such subscription to said capital stock as said Mayor and Common Council may direct. Said bonds shall draw interest at the rate of ten per cent. per annum from the date of their issue, and the principal thereof shall be made payable on a specified day, to Bonds be named in said bonds, which shall be fifteen years after the ble 15 years. date of their issues, at the office of the Treasurer of said city, or in the City of San Francisco, at the option of such railroad company. The interest accruing on said bonds shall be due and payable semi-annually so long as such bonds are outstanding and unpaid, and shall be made payable on a specified day to be named in coupons, at the said Treasurer's office, or in the City of San Francisco, as provided for the payment of the principal Who to sign. of said bonds. Said bonds shall be signed by the Mayor, President of said Common Council, and Treasurer of said city, as such officers and ex officio Loan Commissioners; and when so signed shall be presented by the President of said Common Council to the Clerk of said city, who shall countersign the same in the presence of a quorum of said Common Council at a meeting thereof; and it shall be the duty of said Common Council to cause the fact of such countersigning of said bonds to be entered upon their journal, together with the number, date and amount of such bonds so countersigned by such Clerk, and said Common Council to cause the seal of said city to be affixed to each bond, and appoint a committee of two of their number to deliver said bonds to said railroad company to whom the same shall be issued; and it shall be the duty of such committee to take a receipt from the Secretary of said railroad

Enter upon journal.

company for the bonds so delivered by them, setting forth the number, date and amount of the bonds so delivered, and report the same to the Common Council.

SEC. 9. Coupons shall be attached to each bond, so that the Coupons. coupons may be removed without mutilation to the bonds. Said coupons shall be signed by said Loan Commissioners. When any interest is paid upon a bond issued under the provisions of this Act, the City Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the City Clerk of said city, taking his receipt therefor, whose duty it shall be to file the same in his office and make a report thereof at the next meeting of the said Common Council.

Interest Tax

SEC. 10. It shall be the duty of the said Mayor and Common Council of the City of Los Angeles, previous to the making out how levied. of the duplicate of the general assessment list for said city in each year, to levy a tax, to be styled an "Interest Tax," sufficient to raise the amount of interest required to be paid each year on said bonds issued hereunder; and previous to the making out of the duplicate of the general assessment list for said city in the year eighteen hundred and sixty-eight, and for every year thereafter until the bonds issued under this Act shall be paid and liquidated, the said Mayor and Common Council shall, should it be necessary, levy a tax equal in amount to one Tax for Loan tenth part of the whole amount of said bonds, for the purpose Fund. of raising a fund for the liquidation of said bonds, which shall be styled a "Loan Fund." The said taxes shall be levied and collected in the same manner as the general taxes for city purposes, and when collected shall be paid in to the City Treasurer, who shall be paid for and deliver the same over to the said Loan Commissioners, to be by them applied:

First-The Interest Tax, to the payment of the interest falling Taxes how due on said bonds.

Second-The Loan Fund, to the redemption of said bonds as hereinafter provided.

SEC. 11. If there should be collected as such interest tax in any one year a sum greater than is required to pay the annual interest on said bonds issued hereunder, then the said Loan Commissioners shall pass over such surplus into the said Loan Fund.

applied.

interest.

SEC. 12. It shall be the duty of said Loan Commissioners to Payment of make arrangements for the payment of the interest on said bonds when the same falls due, at least thirty days before the time of payment; and in the event said Interest Fund is inadequate, the said Treasurer shall draw on the Common or General Fund for such purposes, and deliver the same to said Commissioners; and in the event that these funds prove insufficient, the said Commissioners are hereby authorized and directed to make such contracts and arrangements as may be necessary for the payment of the said interest and the protection of the faith of the City of Los Angeles.

SEC. 13. Whenever at any time there shall be in the said Redemption Loan Fund a sum of money amounting to three thousand dol- of bonds. lars or upwards, the said Loan Commissioners shall advertise in a public newspaper in said city of Los Angeles, or in the city. of San Francisco, for the space of four weeks, for sealed pro

interest.

posals for the redemption of said bonds; and ten days after the expiration of the time for such publication the Commissioners shall open the sealed proposals, and shall pay and liquidate, as far as the Loan Fund then on hand shall extend, such bonds presented under such proposals as shall have the lowest value proposed at which they may be liquidated, provided the same shall not be for more than the par value thereof; and provided, When not to should there be no proposals made for less than par value, then the payment of said Loan Fund then on hand shall be made on said bonds according to the number of their issue, of which said Commissioners shall give four weeks notice of the number of the bonds so to be paid, after which time such bonds shall cease to draw interest; and provided, whenever there may be sufficient money in such Loan Fund for the extinguishment of the bonds. issued under this Act, it shall be the duty of said Commissioners to advertise in like manner for the space of four weeks, for the redemption of all outstanding bonds issued under this Act, after which time the said bonds shall cease to draw interest. Any money remaining in said Sinking Fund after the redemption of said bonds shall be by the said Commissioners paid over to the City Treasurer, to be by him paid into the General Fund of the City of Los Angeles.

Bonds cancelled.

Interest Tax and Loan

Fund

account.

Commission

and com

SEC. 14. Whenever any bonds shall have been paid and redeemed by the said Commissioners, they shall mark the same "cancelled," over their own signatures as Commissioners, and immediately to deliver the same to the City Clerk, taking his receipt therefor; and the said Clerk, upon the receipt of such cancelled bonds, shall file the same in his office.

SEC. 15. The City Clerk shall open with the said Loan Commissioners an "Interest Tax Account" and a "Loan Fund Account," and shall balance the same quarterly, on the first Monday of April, July, October and January of each year.

SEC. 16. The said Commissioners, and all other officers ers' liabilities herein specified, for the performance of their duties under the pensation. provisions of this Act, shall, in all things herein required of them, be subject to all the liabilities and penalties to which they are subjected in the performance of any other of the duties of their respective offices; and they shall, when the fees or salary is not fixed by law for the services herein required, be allowed by the Mayor and Common Council a reasonable compensation therefor, to be paid by said city as other fees and salaries are paid; and the said Mayor and Common Council of the City of Los Angeles may, and they are hereby fully authorized so to do, require of each of said Commissioners such bonds and security for the performance of their duties herein required of them as they, the said Mayor and Common Council, shall deem proper; provided, however, that the penal sum of such bonds to each of said Commissioners shall not exceed the sum of five thousand dollars. The said Commissioners shall, when so required, execute the said bonds in the same manner as other official bonds are executed, and to be approved by the said Mayor and Common Council and filed in the office of the Clerk of said city.

Rights as

SEC. 17. The Mayor and Common Council shall have all the subscribers. rights and powers appertaining to any other subscriber to

such capital stock, and shall receive all dividends, issues and profits arising from such subscription to said capital stock, and shall set apart and transfer the same, together with the taxes that may be paid by said company to said city, from time to time, to the said Loan Fund, to be applied by the said Loan Commissioners to the payment of the interest on the bonds issued as herein provided, and the redemption of the principal thereof, in the manner provided by section eleven of this Act; and after the full payment of said bonds and the interest on the Dividends same, the said dividends, issues and profits arising from such how applied. stock subscription shall be paid into the General Fund of said

city.

stock.

SEC. 18. The said Mayor and Common Council shall have Voting stock authority to authorize a committee of any one or more of their number, or any other persons, to cast all votes representing the capital stock so subscribed by them; and they shall, by order Selling and made for that purpose, have full power to sell and transfer and transferring assign the said capital stock, or any portion thereof, so taken by them under the provisions of this Act, whenever upon a submission to the qualified voters of said city, at any city or general election, of a proposition to sell the same, a majority of the votes cast thereon shall approve of such sale.

SEC. 19. The subscription of stock authorized by virtue of Conditions. the provisions of this Act shall be made by the said Mayor and Common Council on the books of said company upon the express condition that the said city shall not be liable for any of the debts or liabilities of said company beyond the amount so subscribed; and this provision, as to the liability of said city, shall be a part of and so expressly stipulated in all contracts made by said company for the construction and equipment of said road; and in case the said company fail or refuse to make such stipulation in all of their said contracts, then the said Mayor and Common Council shall have power to declare the said subscription void and of no effect, and may recover from said company any previous payments that may have been made thereon at the time of such failure or refusal.

unite with

SEC. 20. If such railroad company shall not, within three Act when to years after the passage of this Act, petition the Mayor and Com- be void. mon Council of the City of Los Angeles for the subscription contemplated by this Act, then this Act shall be null and void and of no effect. Be it further enacted, that the said railroad Right to company shall have the right to assign stock and bonds, to be assign to or issued under this Act, to the Atlantic and Pacific Railroad Com- another pany, upon condition that said company connect their said road company. with the City of Los Angeles, or with any other Atlantic and Pacific railroad company which shall so connect with the City of Los Angeles, and to combine and unite with said company upon such terms as shall be agreed upon by said company.

SEC. 21. The Directors of said road shall have power to unite and combine with any railroad extending to or to extend to San Bernardino, on the Colorado River, on such terms as they may see fit.

SEC. 22. The dividends and profits arising from said road to

devoted to

Dividends the County of Los Angeles as stockholders shall be devoted to payment of the payment of said bonds, and first to the accruing interest interest and thereon; and if the same are sufficient to pay the interest on said bonds, no tax shall be levied on the taxpayers of said county for that purpose.

bonds.

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

Misdemean

anything within

boundaries.

CHAPTER XXVI.

An Act for the protection of cemeteries in Nevada County.

[Approved February 1, 1868.]

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

SECTION 1. Every person who shall cut, or chalk, or mark or to injure or write upon, or who shall in other manner whatever deface, or who shall intentionally break, mutilate, injure, destroy, or damage, or who, without the consent of the Superintendent, shall remove or alter any tombstone, or gravestone, or monument, or stake, or fence, or mark, or post, or rail, or wall, within the exterior boundaries, to wit: any cemetery in the County of Nevada; and every person who shall cut, or break, or pluck, or remove, or in any manner intentionally destroy or injure any tree, or shrub, or plant, or flower, or twig, or branch, or limb of any tree, or shrub or plant within the aforesaid boundaries, or who shall destroy, injure or molest any bird or bird's nest, or bird's eggs within the aforesaid limits, or who shall discharge any firearms of any kind or nature within, or within two hundred and fifty yards on the outside of, said limits, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars nor more than two hundred and fifty dollars, or by imprisonment for not less than five days nor more than four months, or by both fine and imprisonment.

Penalty.

SEC. 2. This Act shall take effect ten days after passage thereof.

Right to construct.

CHAPTER XXVII.

An Act authorizing the construction of a wharf at New San Diego, in
San Diego County, by Stephen S. Culverwell and others.

[Approved February 1, 1868.]

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

SECTION 1. Stephen S. Culverwell, his associates and assigns, shall have the right to construct and maintain a wharf on San

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