said Commissioners shall issue a certificate for the amount, which certificate shall be receivable by the Tax Collector for the tax herein authorized to be levied; provided, that in no case shall the certificate herein required to be given exceed in amount the sum due for taxes from the person entitled to receive said certificate; provided further, that the Overseers herein created shall not be entitled to receive any pay for their services as such Overseers.

SEC. 6. The levees to be repaired and constructed under the Levees. provisions of this Act shall be ten feet wide on top, and in all other respects in accordance with the plans and specifications as recommended by the Engineer of Swamp Land District Number Two, and on file in the Swamp Land Commissioners' office of Sacramento County.

way.

SEC. 7. The levees that now exist, or which may be repaired Public highor constructed under the provisions of this Act, are hereby declared to be a public highway; and the Road Overseers of the districts where the said levees are to be built or repaired shall apply all the money and labor which they are entitled to, as such Overseers, to the repair and strengthening the levees in their respective districts; provided, that the Overseer may use a portion of said labor and money in repairing the road running east from the lower end of Dr. N. Williams' farm.

Engineer.

SEC. 8. The Swamp Land Commissioners are hereby author- Duty of ized to employ a competent civil engineer, at an expense not exceeding seventy-five dollars, to be paid out of the fund herein created, whose duty it shall be to examine the route of the proposed improvements, and determine if, by the wearing away of the banks of the river, it is necessary in some places to remove or erect the levee further from the river than it was originally located; if he so determines, he shall re-locate that portion of it, and report the same to the Swamp Land Commissioners; and if they adopt the report, then the said levee shall be built in conformity thereto.

SEC. 9. The Swamp Land Commissioners of Sacramento Repairs. County may, after the first day of September, eighteen hundred and sixty-eight, authorize work to be done on the proposed improvements, either by contract or otherwise, for the repair of the said levees-the said labor to be paid for out of the special fund herein created, and performed under the direction of the Road Overseer of the district where the work is to be done. SEC. 10. All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

SEC. 11. This Act shall take effect and be in force from and after its passage.

Tax to be levied.

Street im

CHAPTER CCCCXXXV.

An Act to provide additional revenue for the School Department of the City and County of San Francisco, and to change the time and manner of electing the Superintendent of Public Schools of said city and county.

[Approved March 30, 1868.]

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

SECTION 1. The Board of Supervisors of the City and County of San Franciseo are hereby authorized and empowered to levy and collect for the fiscal year eighteen hundred and sixty-eight and sixty-nine, and the fiscal year eighteen hundred and sixtynine and seventy, a building tax of five cents on every one hundred dollars valuation upon the assessment roll of said city and county. The said tax is to be levied and collected at the same time and in the same manner as other city and county taxes are levied and collected. All money received from this building tax shall be placed to the credit of the School Fund and shall be used and appropriated, with the consent of the Board of Supervisors, exclusively for the purpose of purchasing school lots, and erecting, furnishing and repairing school-houses.

SEC. 2. The Board of Supervisors of the City and County of provements. San Francisco are hereby authorized and required to pay for the improvement of all streets in front of school property in the same manner and from the same fund from which other street improvements in front of public property are paid.

School lots

SEC. 3. It shall not be lawful for the Board of Education or may be sold. the Board of Supervisors of the City and County of San Francisco to dispose of any real estate belonging to the School Department, except Fifty-vara Lot three hundred and one, and the lot on which the colored school-house is located, on Broadway, between Powell and Mason streets, which lots the Board of Education, with the consent of the majority of the Board of Supervisors, are hereby authorized to sell at public auction, after giving thirty days notice in some public newspaper in said city and county; provided, that one half of the proceeds of such sale shall be placed to the credit of the School Fund to pay any deficit in the School Fund of the fiscal year eighteen hundred and sixty-seven and sixty-eight.

Proceeds.

Annual estimates.

Surplus

SEC. 4. It shall be the duty of the Committee on Finance and Auditing of the Board of Education, during the month of July of every year, to make an annual estimate of all revenue and disbursements of the School Department for the current fiscal year, specifying separately the amount of funds necessary to defray the different items of expenditures for the first and last half year; and in no case shall it be lawful for the said Board to exceed, during the first half year, the estimated item of expenditures for that period, or, in the entire year, the revenues collected for school purposes. All surplus or unexpended funds of any half year shall be available for expenditures of the following half year. The Auditor and Treasurer shall conform strictly to the provisions of this section.

Superin

SEC. 5. The Board of Education and the Board of Supervi- Election of sors of the City and County of San Francisco are hereby tendent. authorized and required to meet in joint convention on the first Monday after the expiration of the term of office of the present Superintendent of Public Schools and elect a Superintendent of Public Schools for said city and county, who shall hold his office for the term of two years. The said Superintendent shall receive the same salary and have the same powers and be governed by the same rules and regulations in the discharge of his official duties as are now prescribed by law for said Superintendent.

SEC. 6. All laws and parts of laws in conflict with the provisions of this Act, for the purposes of this Act, are hereby repealed.

SEC. 7. This Act shall take effect on and after its passage.

CHAPTER CCCCXXXVI.

An Act to repeal an Act amendatory of and supplementary to an Act entitled an Act creating the offices of Township Collectors and Assessors in the Counties of El Dorado and Amador, approved April twenty-fifth, eighteen hundred and sixty-two, approved March, eighteen hundred and sixty-six, so far as the same applies to the County of

El Dorado.

[Approved March 30, 1868.]

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

SECTION, 1. An Act amendatory of and supplementary to an Repealed. Act entitled an Act creating the offices of Township Collectors and Assessors in the Counties of El Dorado and Amador, approved April twenty-fifth, eighteen hundred and sixty-two, approved March thirty-first, eighteen hundred and sixty-six, is hereby repealed so far as the same applies to El Dorado County.

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

CHAPTER CCCCXXXVII.

An Act to confirm and legalize certain contracts entered into by Peter
Donahue and others with the County of Santa Clara.

[Approved March 30, 1868.]

WHEREAS, A certain contract or agreement was made and en- Preamble. tered into on the fourth day of March, A. D eighteen hundred and sixty-five, purporting to be between the County of Santa Clara, of the first part, and Charles B. Polhemus, Peter Donahue and Henry M. Newhall, of the second part, for the sale, in the

560

Preamble. manner and upon the conditions therein mentioned, of two thousand shares of the capital stock of the San Francisco and San José Railroad Company, held by said county, which agreement is signed and executed by Peter Donahue, by John T. Doyle as his attorney in fact, and C. B. Polhemus and H. M. Newhall, parties of the first part, and Charles W. Pomeroy, County Treasurer of Santa Clara County, for and on behalf of said county; and

Whereas, also, a certain order of the Board of Supervisors of the said County of Santa Clara, reciting and confirming said agreement, and containing certain other provisions, was thereupon and on the same day made and entered; and

Whereas, said Charles B. Polhemus, Peter Donahue and Henry M. Newhall did, on the eight day of February, A. D. eighteen hundred and sixty-five, make, execute and deliver to the Clerk of said Board of Supervisors their certain bond, conditioned for the faithful performance of any such contract of sale on their part; and

Whereas, all of said agreements and said order of said Board of Supervisors was, by an Act of the Legislature of this State, passed March the twentieth, A. D eighteen hundred and sixty-six, entitled an Act to confirm a certain contract for the sale of stock held by the County of Santa Clara in the San Francisco and San José Railroad Company, and to give effect to the same, in all things ratified and confirmed, and declared binding between the parties thereto; and

Whereas, afterwards, and on or about the month of August, A. D. eighteen hundred and sixty-seven, an action was commenced in the Fourth Judicial District Court by the County of Santa Clara against the said Donahue, Polhemus and Newhall, on said agreement; and

Whereas, afterwards, and on the twenty-fourth day of December, A. D. eighteen hundred and sixty-seven, said suit was fully compromised and settled between the Board of Supervisors of the County of Santa Clara and Peter Donahue, Henry M. Newhall and Charles Mayne, as assignee of said Charles B. Polhemus; and

Whereas, as a part of said compromise, the said Mayne, Donahue and Newhall executed and delivered to the County of Santa Clara an instrument or agreement in writing, in words as follows, to wit:

In consideration of one dollar to us paid, and in further consideration of the settlement and dismissal of the suit now pending against Newhall, Polhemus and Donahue, in favor of the County of Santa Clara, in the Fourth District Court, and Charles Mayne, Peter Donahue and H. M. Newhall agree to extend, build, equip and complete the San Francisco and San José Railroad from San José to Gilroy, in said county, about thirty miles, within eighteen months from this date, December twentyfourth, eighteen hundred and sixty-seven, at our own expense and without expense to said county; and we agree that the stock of said railroad company to the amount of two hundred thousand dollars, now held by said county, shall remain in the hands of said county as collateral security for the fulfilment of this agreement. If not completed within the time above mentioned, their said stock may be sold, at the option of the Board of Supervisors of said county, without notice, and the proceeds, to the amount of one hundred thousand dollars in United States gold coin, paid over to the Treasurer of said county; and we agree that the sum of one hundred thousand dollars, United States gold coin, is the liquidated damages which shall be due and owing from us to said county at the expiration of said period of time, provided said road is not completed as herein specified; and on sale of said collateral security shall be entitled to

judgment against us, in any Court of competent jurisdiction, for any deficiency, in Preamble. case said collaterals shall bring less sum than one hundred thousand dollars in United States gold coin as aforesaid.

Witness our hands, at San José, California, this twenty-fourth day of December, A. D. eighteen hundred and sixty-seven.

PETER DONAHUE,
CHARLES MAYNE,
H. M. NEWHALL.

And whereas, the Board of Supervisors of said county, on the said twenty-fourth day of December, A. D. eighteen hundred and sixty-seven, made an order in the words as follows, to wit:

In the matter of the claim of the County of Santa Clara against Peter Donahue, H.
M. Newhall and C. B. Polhemus, now in suit in the Fourth District Court:

The sum of one hundred thousand dollars having been paid by defendants to the county this day, December twenty-fourth, eighteen hundred and sixty-seven, it is hereby ordered, and Barstow and Tompkins, the attorneys of this county in said suit, are hereby instructed, to dismiss said suit on payment to them of all their attorneys' fees and the costs and disbursements in said suit, so that this county shall not be and shall not have been at any expense for said attorneys' fees or for costs or disbursements in said suit; and said attorneys are authorized and instructed to cancel the contract on which said suit is brought. But the stock now held by said county in said railroad company, to the amount of two hundred thousand dollars, shall remain in the hands of said county as collateral security for the fulfilment of the agreement of Charles Mayne, Peter Donahue and H. M. Newhall with said county, in writing, dated December twenty-fourth, eighteen hundred and sixty-seven, to extend the San Francisco and San José Railroad to Gilroy, thirty miles, or thereabouts, within eighteen months from said date, and to pay said county one hundred thousand dollars in United States gold coin as liquidated damages in case said road shall not be completed within said period, and said stock to be sold, at the option of the Board of Supervisors of said county, without notice, to pay said liquidated damages in case said road is not completed within said time, as aforesaid, all which appears fully in said agreement.

And whereas, said Board of Supervisors, on the twenty-seventh day of February, A. D. eighteen hundred and sixty-eight, made and entered upon their minutes another order in words and figures, to wit:

In the matter of the settlement with Donahue, Polhemus and Newhall:

The Board of Supervisors of the County of Santa Clara do declare, and order to be entered upon their records as matter of evidence hereafter, that in the compromise and agreements made and entered into on the twenty-fourth day of December, A. D. eighteen hundred and sixty-seven, between Peter Donahue, Henry M. Newball and Charles Mayne on the one side, and the Board of Supervisors on the other, of the controversy then pending between the County of Santa Clara and the said Donahue, Newhall and Charles B. Polhemus, it was a part of the understanding and agreements and the true intent and meaning thereof, that in case the said Donahue, Newhall and Mayne should build or cause to be built and put in operation, whether in their own names or in the name of some other person or company, a railroad from San José to Gilroy, and connecting with the San Francisco and San José Railroad, within eighteen months from the said twenty-fourth day of December, A. D. eighteen hundred and sixtyseven, then that the stock standing in the name of the County of Santa Clara, or the Board of Supervisors of the County of Santa Clara, on the books of the San Francisco and San José Railroad Company, and known as the stock of the County of Santa Clara in said company, is to be the absolute property of the said Peter Donahue, Henry M. Newhall and Charles Mayne, and is to be transferred to them without costs, let or hindrance, upon the books of said company, upon the completion of the road within the time aforesaid.

And whereas, the said Board of Supervisors and the said. Peter Donahue, Charles Mayne and Henry M. Newhall have petitioned the Legislature to ratify and confirm said compromise and agreements; therefore,