Ballots. If donation made, bonds to be issued. How prepared. When delivered. deliver to said Martinez and Danville Railroad Company, or its assigns, the bonds of said county, prepared as hereinafter provided, as follows: Eighteen thousand dollars of said bonds to be so delivered on the completion of each six miles of the railroad so proposed to be built, commencing at Martinez. SEC. 5. Ballots shall prepared to be used in said election, and by the voters deposited in a ballot box, whereon shall be written or printed: "Donation for the railroad-Yes;" or " Donation for the railroad-No." If, on canvassing the vote at said election and ascertaining the result, a majority of the ballots so cast contain the words, "Donation for the railroad-Yes," then said proposed donation shall be deemed to be and shall be made to said Martinez and Danville Railroad Company, and not other wise. SEC. 6. If a donation is so made to said company, 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 principal 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 Contra Costa, 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. SEC. 7. Said bonds shall be prepared and signed by the Chairman of the said Board of Supervisors, the Auditor and the Treasurer of the said county, and when prepared and signed shall be forthwith presented to the Clerk of the County of Contra Costa, who shall countersign the same official 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 moved without mutilation of the bond, and they shall be signed by the Treasurer of the County of Contra Costa. 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. SEC. 8. Said bonds shall be dated and bear date of the day on which they shall be delivered to the company, in accordance with the provisions of this Act. Said bonds shall be delivered to the company entitled to the donation and complying with the conditions and limitations 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. The said Treasurer 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. levied. SEC. 9. The said Board of Supervisors shall, previous to Tax to be making 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 the said principal sum as shall have been donated under the provisions of this Act; and for every year, until 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. to be known as the Railroad Fund, to be by him applied to the payment of the interest, as herein provided, and for the redemption and payment of said bonds, under the direction of the Board of Supervisors. SEC. 10. Said Board of Supervisors, Auditor and Treasurer Payment of of said county shall make arrangements for the payment of interest. interest on said bonds when the same shall fall due, at least thirty days before the time of payment, and in the event said Railroad Fund is insufficient, the said Treasurer shall draw on the common or General Fund of said county for said purposes; and in the event these funds prove inadequate, the said Supervisors are authorized and required to make such contracts and arrangements, or loans, as may be necessary for the payment of said interest and the protection of the faith of said county. SEC. 11. Whenever, at any time after the payment of the Redemption interest on said bonds, there shall be in the fund so raised for of bonds. the payment of the principal and interest of said bonds, a sum of money amounting to five thousand dollars, over and above the amount required for the payment of the annual interest, the said Board of Supervisors shall advertise in a newspaper published in said county, for a period of four weeks, for sealed proposals for the redemption of said bonds, and ten days from the time of the expiration of such publication the said Board of Supervisors shall open said sealed proposals, and the Treas urer shall pay and liquidate, so far as the funds then on hand shall extend, such bonds presented under said proposals as shall be offered at the lowest value; provided, the same shall not be redeemed beyond their par value; and provided there be no proposals for less than their par value, then the payment of said funds on hand shall be made on said bonds, according to the number of their issue, and the Board of Supervisors shall give four weeks notice in such newspapers of the number of bonds to be so paid; after which time said bonds shall cease to bear interest, and all money remaining in said fund after the redemption and payment of the whole of said outstanding bonds shall be turned over to the common General Fund. SEC. 12. Whenever any bond shall have been paid and re- Cancelling. deemed, the said Treasurer shall mark the same "Cancelled," and deliver it to the County Auditor, to be filed and disposed of by him as shall be directed by the Board of Supervisors. The Rights under County Treasurer shall open and keep an account of all moneys collected and paid out for the interest and redemption of said bonds, called Railroad Interest and Redemption Account, and shall settle and vouch the same as often as required by the Board of Supervisors. SEC. 13. At any time before or after said election, the said Martinez and Danville Railroad Company may, by an affirmatransferred. tive vote of subscribers who have subscribed a majority of the subscription of stock now subscribed in said company, assign and transfer to any other railroad company all of the rights and privileges under and by virtue of this Act, and of the said vote of the qualified electors, and said vote of said majority may be made and expressed by the signatures of said majority to an instrument purporting to assign and transfer said rights and privileges. In case such assignment and transfer shall be made, the company to whom it shall be made shall be placed, substituted and be in the place and stead of the said MarMartinez and Danville Railroad Company, and have and own the same rights and privileges and advantages, and subject in every respect to the same conditions. Manner of conducting election. SEC. 14. Said election shall be held in the same manner as the other elections, and like qualifications of electors shall be required; but no printing of the Great Register or poll list shall be required, but copies of the Great Register and poll lists used at the last judicial and general elections may be used, discarding such names as may not be entitled to be thereon. Copies of the names of those registered since printing of the Great Register, or who may hereafter be registered in time for said election, may be written and sent to each precinct, and in such copy sent it shall be necessary to name only those entitled to vote at that precinct. And the officers of said county are hereby authorized and directed to register for said election and place upon the poll lists all persons not on the Great Register and poll list who are entitled to vote; but persons whose names are on the poll lists of the last general and judicial election shall not be compelled to have their names put on said lists again, but the said lists may be used. Officers of election shall be appointed for said election as provided by law. Returns of said election shall be made within five days after the said election, and so soon as the returns are in; and within fifteen days after said election the Board of Supervisors shall canvass said votes and declare the result. SEC. 15. This Act shall take effect and be in force from and after its passage. CHAPTER CCCCXVIII. An Act making an additional appropriation for translating into Spanish the several State documents ordered during the present session of the Legislature. [Approved March 30, 1868.] The People of the State of California, represented in Senate and tion. SECTION 1. The sum of one thousand dollars is hereby ap- Appropria propriated, out of any moneys in the State Treasury not otherwise appropriated, to pay for translating into Spanish the several State documents ordered during the present session of the Legislature; provided that the appropriation made for that purpose on the ninth day of March, A. D. eighteen hundred and sixtyeight, be found by the State Board of Examiners not to be sufficient to cover the full amount due for said translations; in which case the sum hereby appropriated shall be used, otherwise to remain in the General Fund. SEC. 2. The Controller of State is hereby authorized and Warrants. required to draw his warrants, payable out of the General Fund, in case that said former appropriation should be insufficient for the payment of said translations. SEC. 3. This Act shall take effect from and after its passage. CHAPTER CCCCXIX. An Act to extend the police powers of the President and Trustees of the City of San Diego. [Approved March 30, 1868.] The People of the State of California, represented in Senate and Assembly, do enact as follows: powers SECTION 1. In addition to the powers heretofore conferred Additional upon the President and Trustees of the City of San Diego, they conferred. shall have power, by ordinance, resolution or order: First-To establish, open, grade or otherwise improve and regulate streets, alleys and lanes, and the sidewalks upon the same, and to keep in repair bridges and public squares. Second-To provide for the prevention or summary removal of nuisances to public health, the prevention and regulation of contagious diseases, the prevention and removal of all nuisances and other obstructions in the public streets, squares, buildings, grounds or highways, and for cleansing the same. Third-To provide for the ornament and good order of the city. Fourth-To construct a well on the public square. Fifth-To regulate the police and police force of the city. Additional powers Sixth-To prevent cattle or other animals from running at Conferred. large within the limits of "Old Town" or of " New San Diego;" to establish a Pound and appoint a Poundkeeper and prescribe his duties, and provide for the public sale by the Poundkeeper (and prescribe his duties and to provide for the public sale by the Poundkeeper) of such animals as shall be impounded, in the same way and upon like notice that personal property is sold by execution under the laws of the State; provided, said Trustees shall allow, by the proper order, the owner or owners of such property so impounded to reclaim the same at any time before sale, upon payment of costs and charges of taking up and impounding, and within thirty days after the sale shall allow him or them, upon proof[of] ownership of the property sold, duly made before the President of said Trustees, and upon payment of costs and expenses of impounding and selling, to have return of the purchase money arising from such sale or sales. Violation of Seventh-To prevent the keeping of gunpowder, in a larger quantity than ten pounds, in any store or dwelling. Eighth-To prevent the discharge of firearms, pistols or cannon within described limits. Ninth-To prevent the immoderately riding or driving of any horse, or other animal, upon the highways within the city. Tenth-To license theatres, shows and exhibitions where money is charged for admission. Eleventh-To prevent sheep, goats and hogs from running at large and from trespassing within three miles of the public square of said city. Twelfth-To prevent the appearance of any person upon any highway or public place in a state of drunkenness or intoxication, or in any private house or grounds, to the annoyance of any person legally therein. SEC. 2. Said President and Trustees shall have power to ordinances. affix penalties to the violation of any or all ordinances. Justices of the Peace to have Such penalties shall be by fine not exceeding fifty dollars; and in case the fine is not paid, then they may direct that the person so fined may be imprisoned at the rate of one day for every three dollars of the fine imposed; or in lieu of imprisonment, or any part thereof, they may direct that the person or persons so fined shall labor, under the direction of the Sheriff of the county or other officer, either upon the public streets, public grounds or buildings, or in such other places as may be deemed advisable for the benefit or revenue of the city. SEC. 3. Justices of the Peace of the Township of San Diego dwelling within said city shall have jurisdiction of all comjurisdiction. plaints for violation of any of the ordinances aforesaid; and the Sheriff of the County of San Diego and Constables of said township shall be conservators of the peace within said city, and they shall execute all orders, warrants or other process which shall be delivered to them by any Justice of the Peace under the provisions of this Act. Fees. SEC. 4. Justices of the Peace, the Sheriff and Constables, for services rendered under this Act, shall receive the same fees which they are entitled to receive by law for similar services in criminal cases; and when said fees cannot be made out of the defendant, then said fees shall be paid by the Treasurer of said |