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quenting said creek or navigating the same; said bonds to be similar in all respects to those authorized to be issued under the said Act, except that they may be for a lesser rate of annual interest, at the discretion of the said Council, and to be disposed of in the manner prescribed in the said Act; and all the provisions and guarantees of the said Act, so far as the same may be applicable, shall also apply to the said additional bonds hereby authorized to be issued.

SEC. 2. The moneys arising from the sale of said bonds shall be paid into a special fund, to be called the San Antonio Creek Fund, which shall be wholly devoted to the purposes for which the said bonds are authorized to be issued; and the said Council is also authorized to raise annually by taxation, with its other taxes, a sum not exceeding five thousand dollars, to be paid into said fund and used for the purpose of keeping open the channel, so as to render the same navigable, as herein before provided, and for no other purpose.

SEC. 3. This Act shall take effect immediately from and after its passage.

Preamble'

CHAPTER CCCCIX.

An Act authorizing and empowering the Supervisors of the County of
Inyo to sell certain real estate belonging to said county.

[Approved March 28, 1868.]

PREAMBLE.

WHEREAS, One Thomas Edwards did, on the twenty-third day of March, in the year of our Lord one thousand eight hundred and sixty-six, deed to Joseph G. Payne, Samuel R. Warfield and L. F. Cooper, acting as Trustees for the County of Inyo, certain property, to wit: Two certain town lots in the Town of Independence, County of Inyo, and State of California, as is shown on the map of said town in the Recorder's office of the County of Inyo, being bounded and described as follows, to wit: Lots Numbers (5) Five and (7) Seven, in Block Number (26) Twenty-six, having a frontage of (100) one hundred feet on the eastern side of Jackson street, and extending easterly (130) one hundred and thirty feet to Dale street, and having a frontage on the westerly side of said Dale street of (100) one hundred feet-which said property, by the terms of said deed, was to be deeded to the Board of Supervisors of the County of Inyo by the Trustees aforesaid, and to be held by the said Supervisors as the property of said county for the purpose of thereon erecting the county buildings; and whereas, the said Trustees did, by a good and sufficient deed dated the fifth day of June, A. D. eighteen hundred and sixty-six, complete said trust by deeding the property herein before described to the Supervisors of the County of Inyo; and whereas, certain other property has been deeded to said county, in the Town of Independence, by Thomas Edwards aforesaid, and the buildings

of the county are about to be erected thereon; and the Board of Supervisors of the County of Inyo, being desirous to convey to the said Thomas Edwards the said property by him conveyed to the said Trustees and hereinbefore described; now, therefore,

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

Assembly, do enact as follows:

to deliver

SECTION 1. The Board of Supervisors of the County of Inyo Empowered are hereby authorized, directed and empowered, immediately deed. after the passage of this Act, to make, execute, acknowledge and deliver, for the consideration of the sum of five (5) dollars, to be paid to them by Thomas Edwards, a good and sufficient quit claim deed of all of their right, title and interest in and to the following described property, to wit: Lots Numbers (5) Five and (7) Seven, in Block Number (26) Twenty-six, in the Town of Independence, County of Inyo, and State of California, having a frontage of one hundred (100) feet on the eastern side of Jackson street, and extending easterly one hundred and thirty (130) feet to Dale street, and having a frontage on the westerly side of said Dale street of one hundred (100) feet, as the same is shown on the map of said town on file in the office of the County Recorder of the County of Inyo.

SEC. 2. This Act shall take effect and be in force immediately.

CHAPTER CCCCX.

An Act to authorize the Board of Supervisors of Placer County to

the claim of W. W. Price.

[Approved March 28, 1868.]

pay

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

SECTION 1. The Board of Supervisors of Placer County are Claim to be hereby authorized and directed to appropriate, out of the Road paid. Fund of Township Number Two of said County, the sum of three hundred dollars, to W. W. Price, for services heretofore rendered by said Price in building roads in said township. Said appropriation shall have the preference over all other claims on said fund.

SEC. 2. This Act shall take effect on its passage.

Tax to be levied.

Opening roads.

Sections of Act inapplicable.

CHAPTER CCCCXI.

An Act to amend an Act entitled an Act for opening and repairing roads in the Counties of Sutter and Santa Cruz, passed April sixth, eighteen hundred and sixty, and the amendment thereto, passed May ninth, eighteen hundred and sixty-one.

[Approved March 28, 1868.]

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

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

Section 5. The Board of Supervisors shall have power, and it is hereby made their duty, to levy a poll tax on all ablebodied men between the ages of twenty-one and fifty years, of three dollars per annum, in gold or silver coin, which shall be collected by the District Assessor in the same manner that State poll taxes now are or may hereafter be required to be collected, and paid into the County Treasury to the credit of the respective Assessor Districts in which they were collected. The Assessor shall be allowed to retain ten per cent. on all amounts so collected. Also, to levy a property tax of not more than twentyfive cents on each one hundred dollars of taxable property in the county, as assessed by the County Assessors, which shall constitute a County Road Fund.

SEC. 2. Section six of said Act is hereby amended so as to read as follows:

Section 6. The Board of Supervisors of the county may, on presentation of a petition to said Board praying for a county road to be laid out in the county and designating the points therein, appoint two proper persons of the county, together with the County Surveyor, to view out the road as petitioned for; and it shall be the duty of these so appointed to proceed as soon as practicable to the place designated in the petition and lay out said road on the nearest and best route between the points designated in the petition or order of the Board, and report on its utility; and said report shall be recorded by the Clerk in the record of said Board; and if said Board shall be of the opinion that said road is necessary, they shall make an order to that effect and declare the same to be a public highway; provided no objections be made. And it shall further be the duty of the Viewers so appointed to put up notice along said line or road that they have laid the same out, and that they will report the same to the Board at its next regular meeting. They shall also give either verbal or written notice to all parties residing on any of the land the said road may cross.

SEC. 3. Sections nine, ten, eleven, twelve, thirteen, fourteen, fifteen and sixteen of said Act are hereby declared inapplicable to said County of Sutter.

SEC. 4. This Act shall take effect immediately.

CHAPTER CCCCXII.

An Act to amend an Act entitled an Act to amend an Act entitled an
Act to establish the Industrial School Department of the City and
County of San Francisco, approved the fifteenth day of April,
A. D. eighteen hundred and fifty-eight, approved March twentieth,
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 one of said Act is hereby amended so as to read as follows:

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

Section 9. For the care and maintenance of the children Expenses to be paid. and the salaries of the Superintendent, teachers and other officers of said school, and for other purposes connected with said school, the Auditor of said city and county is hereby authorized and required to audit the demands of the Board of Managers, for an amount not exceeding three thousand dollars per month; and the Treasurer of said city and county is hereby authorized and required to pay the sums so allowed and audited, out of the General Fund of the City and County of San Francisco, not exceeding in all the said sum of three thousand dollars per This Act shall take effect from and after its passage.

month.

SEC. 2.

CHAPTER CCCCXIII.

An Act to provide for the collection of a road tax and its application on the public roads in the County of El Dorado.

[Approved March 28, 1868.]

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

SECTION 1. It shall be the duty of the County Auditor to Road tax prepare, prior to the first Monday of March in each year, as receipts. many road tax receipts as may be necessary for the use of the county, which receipts shall be for the sum of two dollars; and he shall number and sign each receipt, commencing at number one, the first of March in each year; and shall issue to the revenue officers authorized by law to collect poll tax within the county, on demand, such receipts, taking his receipt therefor. It shall be the duty of the officer empowered to collect such tax to demand and receive during the year such road tax from each

to have

charge.

person within his district liable to pay a road tax, and he shall keep an accurate account of the collections made in each township, and shall at each monthly settlement pay to the County Treasurer, to the credit of such Township Road Fund, the amount actually collected therein, less ten per cent., which is hereby allowed for the collection of such tax. The County Treasurer shall open an account with each township, crediting the collections in favor of, and charging all warrants drawn against such funds.

Supervisors SEC. 2. The Supervisors shall have the general charge and control of the roads within the county, and it shall be their duty to appoint some suitable person within each township, a resident thereof, to expend upon the roads of such township the money collected and paid to the credit of such fund, and who shall be allowed a compensation to be fixed by the Board of Supervisors, not to exceed two dollars and a half for each day necessarily employed in the discharge of such duty; provided, the Supervi sors may limit the number of days that any Road Overseer may charge against his Township Road Fund in any one year; and provided further, that all claims, before payment, shall be presented to and approved by the Board of Supervisors; but no allowance shall be made or warrant be drawn upon any Township Road Fund in excess of the money to the credit of such fund.

When property tax may be levied.

Rate.

Proviso.

Duty of
Overseers.

SEC. 3. If at any time a number of citizens, residents and taxpayers of any township within the county, not less than thirty in number, shall petition to the Board of Supervisors, asking to have a property tax levied in addition to the capitation tax, for the purpose of working the roads, the Board of Supervisors may, by an order entered on their minutes, order a tax levied against the real and personal property of each resident of the township so petitioning for such levy, not to exceed one day's labor, against the property of each person within the township who shall be seized of property to the assessed value of two hundred dollars; and provided, such tax shall not exceed one day's labor for each one thousand dollars assessed to each person and each fraction of one thousand dollars equalling two hundred dollars; provided, that no road tax shall be levied against the capital stock of any ditch or railroad company. The tax levied under this section may, at the option of the person assessed, be paid in labor under the direction of the Road Overseer, or may be paid in money at the rate of two dollars for each day assessed. The Road Overseer shall give to each person paying a property tax, whether paid in money or labor, a receipt therefor, to be furnished by the Auditor. It is hereby made the duty of the Road Overseers to furnish in detail to the Supervisors, at least as often as every three months, a statement of the amount of property tax collected, stating the amount collected in labor or money, and, generally, to make a detailed statement of all the transactions within his township, setting forth all collections and expenditures on account of the roads of his township, which statement he shall verify by oath or affirmation. The Supervisors may, in their discretion, demand a bond of each Road Overseer for the faithful discharge of his duties, not to exceed the sum of five hundred dollars.

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