SEC. 3. The Board of Trustees shall, before the first Monday Elections. of June of each year, elect a Treasurer and an Assessor, who may be ex officio Collector-said Treasurer and Collector to file good and sufficient bonds with the Board of Trustees in double the amount of any tax levied in any one year, said bond to be approved by the President of the Board and filed with the Clerk thereof. On the first Monday of May, eighteen hundred and sixty-nine, and on the first Monday of May of each year thereafter, an election shall be held for one Trustee, said election to be conducted by the Board of Trustees and in other respects be conducted under the general Election Law of the State. Upon the votes being counted and the result being declared, the Clerk of the Board shall give notice to the one elected of his election. The new member shall, upon taking his seat, take the oath of office, such oath to be filed with the Clerk of the Board. In case of death or resignation of any member of the Board, the vacancy shall be filled at a special election to be called by the Board. In case of a vacancy occurring in the office of Treasurer or Assessor and Collector, the vacancy shall be filled by the Board.

SEC. 4. It shall be the duty of the Assessor to make out an Annual tax. assessment roll of all the real estate and improvements within the district, said roll to be completed by the first Monday of July of each year, and shall certify the same to the Board of Trustees, who shall give public notice of a day upon which they will meet as a Board of Equalization, and shall at such meeting complete said roll, and shall thereupon levee an assessment which will be equal to the amount to be expended in any one year; provided, that such levy shall not exceed five per cent. of the taxable property of the district. Thereupon the Board shall deliver the assessment roll so completed to the Collector. SEC. 5. The Collector shall, upon receiving the roll, give Collection. public notice of such fact, and thereupon the taxes shall be due and receivable, and if not paid within thirty days thereafter shall be deemed delinquent, and the Collector shall return the assessment roll to the Board of Trustees, and said Board shall within ten days thereafter bring suit in the name of the district for such delinquent taxes, said suits to be in the form of suits for debt, and shall be for the amount of the delinquent taxes and for all costs of suit.

SEC. 6. The Board of Trustees shall determine what works Contracts. for the protection of the district are necessary, and shall have prepared plans and specifications for such work, such plans and specifications to be filed in the office of the Clerk of the Board. For the purpose of procuring such plans the Board may employ a competent engineer; and the Board may employ an engineer to receive the said works when completed, if it appears to be necessary. Contracts shall be let to the lowest bidder after an advertisement of not less than ten days; provided, that all bids may be rejected if found too high and the work advertised again.

SEC. 7. The bills of contractors shall be presented to the Payment to Board of Trustees, and if allowed shall be approved by the contractors. President and countersigned by the Clerk of the Board, and shall thereupon be payable by the Treasurer; and such bills so

Official records.

authenticated shall be the Treasurer's vouchers for such payments, and no bills shall be paid without such authentication.

SEC. 8. The Clerk of the Board shall keep a correct record of all the proceedings in a well bound book to be procured for that purpose, which record shall be subject to general inspection said records to be approved by the President of the Board. The Treasurer shall keep his accounts in proper books to be given him by the Board, and he shall be required to make a report on the first Monday of May of all moneys received by him and all moneys paid out, and for what purpose, and shall hand over to his successor in office all books and papers in his hands pertaining to the district. The Collector shall weekly hand over to the Treasurer all moneys received by him and Works to be take his receipt therefor.

constructed.

SEC. 9. The object of this Act is to give authority for the construction of a bulkhead and levee on the northern boundary of the district, or to extend such levee and bulkhead beyond the line of the district if deemed desirable by the Board of Trustees. Further, it is the intention to repair and maintain the present levee along the Sacramento River in said district, and to provide for securing the banks of the stream from being injured by currents of water, and to construct drains for carrying off the sipage or other standing water. The Board of Trustees shall be the general supervising authority of the district, and are authorized to receive works when completed, at their discretion. The Assessor and Collector shall receive such compenCompensa sation as may be agreed upon with the Board. The Trustees shall receive no regular pay; but if the Board delegate supervising authority of any contracts to one member he shall receive pay therefor; provided, that the whole amount so paid in any one year shall not exceed one hundred dollars.

tion.

SEC. 10. This Act shall take effect from and after its authority.

Appropriation.

CHAPTER CCCLXXXII.

An Act to appropriate money to pay the outstanding Indian war bonds issued by the State of California under an Act of the Legislature approved May third, one thousand eight hundred and fifty-two, and Acts supplementary thereto.

[Approved March 28, 1868.]

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

SECTION 1. The sum of one thousand seven hundred and sixty-five dollars and eighty cents, in legal tender notes of the United States, is hereby appropriated, out of any money in the General Fund not otherwise appropriated, to pay outstanding Indian war bonds and interest thereon, issued under an Act of the Legislature of the State of California approved May third, one thousand eight hundred and fifty-two, and Acts supplementary thereto, which are numbered, dated and are for the amount

redeemed.

hereinafter stated, to wit: Number four hundred and twenty- Bonds to be one, four hundred and twenty-two, four hundred and twentythree, four hundred and twenty-four, dated August thirteenth, one thousand eight hundred and fifty-five, for one hundred and ninety-six dollars each; numbers three hundred and seventyseven, three hundred and seventy-eight, three hundred and seventy-nine, for one hundred and fifty-five dollars and fifty-six cents each, dated May twenty-third, one thousand eight hundred and fifty-four; also, bonds numbered four hundred and thirtytwo and four hundred and thirty-three.

SEC. 2. All bonds mentioned in this Act shall be presented Cancelling. and surrendered to the Controller of State, whose duty it shall be to cancel and destroy the same; and upon such surrender, the said Controller of State shall draw his warrant in favor of the person so surrendering the same upon the State Treasurer for the full amount of such bonds and interest, the same to be paid in legal tender notes of the United States Government.

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

CHAPTER CCCLXXXIII.

An Act relating to roads in the County of Colusa.

[Approved March 28, 1868.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

law to apply

SECTION 1. The provisions of an Act entitled an Act to pro- Contra Costa vide for establishing, maintaining and protecting public and to Colusa. private roads in the County of Contra Costa, approved March twenty-third, eighteen hundred and sixty-eight, are hereby extended to the County of Colusa.

CHAPTER CCCLXXXIV.

An Act to amend an Act entitled an Act to organize and regulate townships in San Mateo County, and to define the respective powers, duties and compensation of county and township officers in certain cases, approved March twenty-second, eighteen hundred and sixty-six.

[Approved March 28, 1868.]

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

SECTION 1. Section fourteen of said Act is hereby amended so as to read as follows:

Section 14. The Board of Supervisors of San Mateo County

ation.

Fund.

Rate of tax- shall hereafter have power to levy and collect for county purposes, upon the whole amount of taxable property in the county, entered and appearing upon the assessment roll after the completion and equalization thereof each year, the following taxes: For General For the General Fund, such rate or proportion as, upon the aggregate value of said roll as footed up, will produce an amount not exceeding eight thousand and five hundred dollars; for the School Fund, a rate, ascertained and fixed in the same manner, which will produce an amount not exceeding six thousand and· five hundred dollars; the rate for the General Fund and the School Fund. School Fund being ascertained and fixed in all cases by mathematical calculation, without allowing for delinquencies. The County Auditor shall calculate the rate and certify to its correctness, which certificate shall be attached to the assessment roll. The Board of Supervisors, if they should deem it necesMay be in- sary, shall have power to increase the rate of taxation for the General Fund and the School Fund, to such extent each year, successively, as will add five hundred dollars to each of said funds.

creased.

SEC. 2. This Act shall take effect immediately.

Right granted.

Route.

CHAPTER CCCLXXXV.

An Act authorizing Robert Betge and others to lay down and
maintain a railroad in the City and County of San Francisco.

[Approved March 28, 1868.]

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

SECTION 1. The right is hereby granted to Robert Betge,
Henry Winkle, Emile Kower, their associates and assigns, to
lay down and maintain an iron railroad within the City and
County of San Francisco, along and upon the following route, viz :
Commencing at the intersection of O'Farrell and Market streets;
thence westwardly, along O'Farrell street, to Larkin street;
thence southerly, along Larkin street, to Market street; thence
across Market street to Ninth street; thence southeasterly,
along Ninth street, to Brannan street; thence westwardly, along
Brannan street to Potrero avenue, crossing Mission Creek
bridge; thence southerly, along Potrero avenue, to Twenty-
fourth street; thence along the most feasible route by streets to
the southern boundary line of the City and County of San
Francisco in Visitacion Valley; provided, that if Potrero ave-
nue should be extended either north or south, the said grantees
shall have the right to lay a track in said extended portion of
said avenue and run their cars thereon the same as upon other
portions of said route; provided, that whenever any other rail-
road or company shall be granted the use of the same streets or
any part thereof they shall pay for the use of the rails already
laid an equal share of the cost of constructing and maintaining

the railroad on the street or part of the street thus occupied
jointly, and thereupon shall be entitled to the joint use of such
part of said railroad; but no such grant shall be made for more
than five blocks in all; the said road to have a single or double
track at the option of said grantees; the rails to be of the most Track.
approved pattern used on city railroads, with the proper and
necessary switches and turnouts along the entire route; and
the said grantees, their associates and assigns, to have the right
to run cars on the said railroad, not exceeding twenty-four feet
in length, at convenient hours of the day and night, for the
transportation of passengers.

streets.

SEC. 2. The owners of said railroad shall pave, plank or Repair of macadamize, as the proper authorities of said city and county shall direct, the portion of the streets through which the said railroad shall run which shall form the track thereof, along its whole length, after said streets shall have been graded.

SEC. 3. The gauge of said railroad shall not be more than Gauge. five feet wide within the rails, with a space between the double tracks sufficient for the passage of the cars. It shall be laid as nearly as possible in the centre of each street and flush with the level of the street, and so as to offer as little obstruction as possible to the crossing of vehicles; and when the road herein provided for shall intersect any other railroad, the rails of each shall be so altered or cut as to permit the cars to cross without obstruction; and nothing in this Act shall be so construed as to prevent any other railroad company hereafter formed from crossing the road herein mentioned at any point in like manner. SEC. 4. The rates of fare for each passenger upon said rail- Fare. road shall not exceed four tickets for twenty-five cents, or at that rate for any larger quantity, from any point on said railroad to Twenty-fourth street; and from any point on said road to any point beyond Twenty-fourth street the fare shall not exceed double the rate in this section provided.

SEC. 5. The government of said city and county may, from Profits. time to time, after said road is opened for use, alter or reduce the rates of fare or other profits of said railroad; but the same shall not, without the consent of the said grantees, their associates or assigns, be so reduced as to produce less than twenty per cent. per annum in net receipts on the capital actually paid in, nor unless, on an examination of the amounts received and expended, they shall ascertain that the net income derived from all services [sources] for the year then last past shall have exceeded an annual income of twenty per cent. upon the capital paid in.

SEC. 6. The cars upon said railroad shall be of the most Cars and approved construction for the comfort and convenience of speed. passengers, and shall be provided with sufficient brakes and other means of stopping the same when required. They shall be moved by horses or mules, and not otherwise, and at a speed not exceeding eight miles an hour; and in case of a violation of this provision, the owner or owners of said railroad shall be subject to a fine not exceeding one hundred dollars for each offence.

SEC. 7. Any person wilfully obstructing said railroad shall be obstructions deemed guilty of a misdemeanor, and punished accordingly.