When townships changed officers to remain in office. CHAPTER XXXV. An Act to amend an Act entitled an Act concerning offices, approved [Approved February 5, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section twelve of said Act is hereby amended so as to read as follows: Section 12. When any Justice of the Peace, Constable or Road Commissioner, by the formation of a new township, shall be brought within the limits thereof, such Justice of the Peace, Constable or Road Commissioner shall continue in his office as such officer for such new township until his successor is elected and qualified; and if, in the formation of such new township, there shall be wanting within the limits thereof the number of such officers allowed by law, the Board of Supervisors of the county wherein such township is situated shall fill such offices by appointment, as in cases of vacancy; provided, that where by the formation of such new township there shall be more than one Road Commissioner therein, such Commissioners shall continue in office for the terms for which they were elected or appointed, and shall hold and exercise the same within and for the districts for which they were severally elected or appointed, to the end of their terms of office; but no successor of such Road Commissioner shall be elected or appointed for such districts after the office shall become vacant, either by the expiration of the term of the incumbent or otherwise; provided, that the provisions of this Act, so far as the same relates to Road Commissioners, shall only obtain in those counties in which Road Commissioners are township officers. SEC. 2. This Act shall take effect and be in force from and after its passage. Supervisors may levy additional tax. CHAPTER XXXVI. An Act to authorize the Board of Supervisors of Solano County to levy an additional road tax. [Approved February 5, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Solano County are hereby authorized, at their regular meeting in February, A. D. one thousand eight hundred and sixty-eight, and at their reg ular meeting in February, A. D. one thousand eight hundred and sixty-nine, to levy an additional tax not exceeding thirty cents on each one hundred dollars on all taxable property in said county. Said tax shall be assessed and collected in the same manner as other taxes are assessed and collected, and when collected shall be paid into the Treasury and placed to the credit of the Road Fund of said county, and shall be subject to the order of For road the Board of Supervisors of said county. Said fund shall be purposes. used for no other purpose than for the laying out and improving public roads and building and repairing bridges in Solano County. force until SEC. 2. This Act shall remain in force until the first day of Remain in January, A. D. eighteen hundred and seventy, and no longer. 1870. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAPTER XXXVII. An Act to amend an Act entitled an Act to create the Sixteenth Judicial District, approved April second, eighteen hundred and sixty-six. [Approved February 5, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section three of an Act entitled an Act to create the Sixteenth Judicial District, approved April second, eighteen. hundred and sixty-six, is hereby amended so as to read as follows: to commence Section 3. The terms of the District Court of the Sixteenth Terms of Judicial District during each year shall be commenced as fol- Court, when lows: In the County of Alpine, on the first Mondays of April and October; in the County of Mono, on the third Mondays of April and October; in the County of Inyo, on the first Mondays of May and November; in the County of Kern, on the third Mondays of May and November. SEC. 2. A special term of the District Court may be held in Special any county of said district, upon the Judge thereof giving ten terms. days notice of the time of holding such special term to the County Clerk of the county in which the same shall be held. SEC. 3. This Act shall take effect from and after its passage. 5 Common take private property. CHAPTER XXXVIII. An Act amendatory of and supplementary to an Act entitled an Act to incorporate the City of Marysville, approved March third, eighteen hundred and fifty-seven. [Approved February 5, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section eight of article third is hereby amended so as to read as follows: Section 8. Whenever it shall become necessary for the Council may Common Council to take private property for the purpose of laying out, altering or widening any streets, alleys or public grounds, or for the purpose of constructing any levee and keeping the same in repair, for the protection of said city or any part thereof from overflow or damage by water, they may direct proceedings to be taken to ascertain the value of such property and the compensation to be made to the owner or owners thereof, and the assessments to be levied for the payment of the same. May con SEC. 2. The Common Council shall have power to build, construct levee. struct and keep up a levee around said city, or such portion or part thereof as to them from time to time may seem necessary or expedient, and of such a character, size and height as they may deem proper, and may from time to time extend and repair the same in such manner and to such extent as to them may seem most advantageous for the protection of the whole or a part of said city from overflow or injury from water; and for such purpose may levy and cause to be assessed and collected such taxes as may be necessary; and may use therefor any public streets, alleys, squares or grounds in said city; and may also acquire for such levee purposes any and all private property they may deem necessary for the use, construction, extension and repairs of such levee. Use public lands and acquire private property. SEC. 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. SEC. 4. This Act shall take effect from and after its passage. CHAPTER XXXIX. An Act to provide for the liquidation and payment of the indebtedness of the City of Marysville, in Yuba County, and for other purposes. [Approved February 5, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Mayor and the Common Council of the City of Marysville, in the County of Yuba, are hereby authorized and empowered to provide for the payment of the funded or bonded indebtedness of said city now outstanding, which may now be due or shall hereafter become due under any Funding Act or Law now existing and in force, in the manner hereinafter Funding provided, and they are hereby authorized and directed to order commissionthe Funding Commissioners of the City of Marysville, by an ers to preordinance to be passed therefor, to procure and prepare the bonds of the City of Marysville in any sum they may deem necessary and not exceeding the sum of sixty thousand dollars, Amount. to be used and applied as hereinafter provided. pare bonds. of bonds. when payable. SEC. 2. Upon the Mayor and the Common Council of the Description City of Marysville so ordering, by ordinance as aforesaid, specifying the amount, not exceeding the said sum of sixty thousand dollars, for which such bonds shall be procured and prepared, the said Funding Commissioners of the City of Marysville shall, without delay, cause to be prepared bonds for the amount so ordered, in sums of not less than five hundred nor more than one thousand dollars each, payable in gold coin of the United States of America, for both the principal and interest, dollar for dollar, and bearing interest at the rate of eight per cent. per annum from the date of their issue, which bonds shall be where and made payable at the office of the Treasurer of said City of Marysville fifteen years after their date; and the interest accruing on such bonds shall be due and payable in like gold coin on the first days of January and July of each year after the date of their issue, at the office of the Treasurer of said city. Said bonds shall be signed by the Mayor and Treasurer of said city of Marysville and attested by the Clerk of said City subscribing the same and affixing the corporate seal thereto. There shall Coupons. be coupons attached to such bonds for each semi-annual interest to accrue thereon, which coupons shall specify the amount of such semi-annual interest, when and where payable, and that the same is payable in United States gold coin as aforesaid, and such coupons shall be signed by the Mayor and Treasurer of said city. SEC. 3. It shall be the duty of the Funding Commissioners Advertise for of the City of Marysville, as soon as such bonds shall have been sale of bonds. prepared and executed, to advertise, for the period of not less than thirty days, in a newspaper published in each of the Cities of Marysville, Sacramento and San Francisco, and, if they deem it expedient, also in a newspaper published in the City of New York, that such bonds will be put in the market to be sold for the highest price or sum that can be obtained therefor; and immediately after the expiration of such thirty days advertising, the Funding Commissioners of the City of Marysville aforesaid shall proceed to dispose of such bonds for the best sums or prices in lawful money of the United States they can procure therefor; provided, they shall not negotiate or sell said bonds at less value than seventy-five cents in gold coin on the dollar; and out of the proceeds of the sale or disposition of such bonds the Proceeds Funding Commissioners of the City of Marysville aforesaid how applied. shall retain and set apart sufficient moneys for the paying of all the principal of the funded or bonded indebtedness of the the City of Marysville outstanding at the date of the passage of this Act, paying the surplus, if any, to the City Treasurer, Surplus to be invested. Unlawful to pay bonded to be by him placed in the General Fund of said city; which money so retained and set apart by the Funding Commissioners of the City of Marysville for the paying of the principal of the funded or bonded indebtedness of said city, such Commissioners are hereby authorized and directed, until such time as the same shall be needed to pay the principal of such funded or bonded indebtedness, to invest and reinvest in such funds, currency, Government or other security as they shall or may deem for the best interest of said city and the taxpayers thereof; and it shall be the duty of such Commissioners, at the times and places at which the principal of said funded or bonded indebtedness becomes due and payable, to have the moneys so retained and set apart, or the incomes and proceeds thereof, on hand at such times and places, and then and there pay or cause to be paid the principal of such funded or bonded indebtedness, returning any surplus into the City Treasury, to be placed by the Treasurer in said General Fund. SEC. 4. On and after the passage of this Act it shall not be levy tax to lawful for the Mayor and the Common Council of the City of indebtedness Marysville, the Funding Commissioners of the City of Marysville, nor for any officer of said city, except as hereinafter provided, to order, lay, levy, assess, demand or collect any assessment or tax, to be in any way applied or used for the purpose of paying off or discharging any of the principal of such funded or bonded indebtedness so outstanding at the date of the passage of this Act; but it shall be lawful, and is hereby deProvide for clared to be the duty of the proper city officers, to make provision for the payment and to pay the interest upon such funded or bonded indebtedness in the mode and manner as is now provided by law; provided, that the interest that may hereafter fall due or be collected upon any money now invested by such Funding Commissioners belonging to any Sinking Funds now in their hands, as well as any interest upon any moneys belonging to such Sinking Funds, now in their hands, that may be collected upon any investment thereof hereafter to be made, shall be first applied, so far as the same will go, to the payment of the interest to fall due upon such funded or bonded indebtedness. payment of interest. Creating SEC. 5. It shall be the duty of the Funding Commissioners of Levee Fund. the City of Marysville, immediately upon the passage of this Act, to pay into the City Treasury the sum of ten thousand dollars in gold coin of the money now in their hands uninvested, belonging to the sinking funds heretofore provided by law for the payment of such funded or bonded indebtedness; which amount shall be by the Treasurer of said city placed in a fund to be called a Levee Fund, to be used and applied in such manner as the Mayor and the Common Council shall, by a resolution therefor, order and direct, for the purpose of building and constructing a levee around said city or such portion thereof as they may deem advisable and expedient. The balance of all money in the hands of the Funding Commissioners of the City of Marysville, after such payment of said sum of ten thousand dollars, the said Commissioners shall retain and invest and reinvest in such funds, currency, Government or other security as they may deem for the best interest of said city and the taxpayers thereof, until such time as they may require the same, or Balance to be invested. |