collection of the same. That as soon as collected the same shall be paid into the county treasury of the City and County of San Francisco, and shall be a fund known and styled "The Leidesdorff Street Fund," and shall be drawn out of said treasury only upon warrants drawn by the said Commissioners, countersigned by the Mayor of said city and county, in favor of the party to whom said award or awards are due, and it shall be the duty of the Treasurer of said city and county to pay said warrants from such funds in the order of presentation. liable for expenses. SEC. 7. All expenses of every kind caused by reason of City not said improvement shall be defrayed by assessments on the owners of the premises that shall be benefited thereby, as the same may be fixed by said Commissioners in said report, or by said report finally confirmed as herein prescribed; and it is expressly provided, that in no event shall the said city and county be held liable for any expense connected with said improvement. set aside. SEC. 8. It is further enacted, that if for any cause the when proproceedings, or any part thereof, heretofore taken by the ceedings are Board of Supervisors of the City and County of San Francisco for the opening of said street, shall be held invalid, or if the report of said Commissioners shall be set aside for any reason, the said Board of Supervisors are hereby empowered to proceed anew for the opening of said street, and to do and perform all and every act, and to make all orders necessary in the premises; provided, however, that the said County and Supreme Courts shall, in all things, have and exercise the jurisdiction herein prescribed. owners to SEC. 9. If, for any cause, the owner or owners of any prop- Failure of erty taken by reason of the making of said improvement apply for shall refuse or neglect to apply to the said Commissioners payment. for the amount awarded to him or them by said report within twenty days after sufficient funds are in said county treasury to pay said amount, or if there be any cloud upon the title of any such lands so taken, or any part thereof, or any question shall arise as to who shall or should receive said award, or if the title be defective for any reason, then the said Commissioners shall issue a warrant for the amount awarded for the land taken, describing the land therein, and shall deposit said warrant with the County Clerk of said city and county; and upon proof of the fact of such deposit, made in any District Court of said city and county, upon petition of said Commissioners duly made, stating the facts of the proceedings above recited, and that funds were in said treasury to meet the warrant when presented for payment, the said city and county shall be entitled to an order of said Court commanding the County Clerk of said city and county to issue the proper writ for putting the said city and county in possession of said land, and the Sheriff of said city and county shall immediately thereupon place said city and county in possession thereof, and the true owner of said land shall be entitled to said warrant on delivery to the said city and county of said land, and to the moneys in said warrant described. Removal of buildings. Grading, SEC. 10. It shall be the duty of any owner of land taken for said improvement, who shall have been paid for the same, or for which funds are in said treasury to meet a warrant drawn therefor, to remove all buildings or structures on said land within thirty days after such payment, or after the money is in said fund herein referred to to pay the same; and if fails to do so, said Commissioners are hereby empowered to remove or cause to be removed said buildings or structures. SEC. 11. The said street shall be graded, paved, sewered, paving, etc. and sidewalked in the same manner as it is now provided by law to pave, grade, sewer, and sidewalk similar streets in said city and county. SEC. 12. This Act shall not be construed to repeal the Act of the Legislature of this State entitled "An Act to confer further powers upon the Board of Supervisors of the City and County of San Francisco," approved April twenty-fifth, eighteen hundred and sixty-three, or any other Act of the Legislature, except so far as such Act or Acts may be in conflict with the provisions of this Act. SEC. 13. This Act shall be liberally construed, and said Board of Supervisors, and said Commissioners, and said County Court shall have and they are hereby given all powers necessary to carry the same into execution. All presumptions attaching to proceedings of Courts of general jurisdiction shall apply to proceedings had in said County Court under the provisions of this Act. SEC. 14. This Act shall take effect from and after its passage. Salary and Sheriff. CHAP. CCCC.-An Act to amend an Act entitled "An Act concerning county officers in Yolo County, and to regulate the fees and salaries thereof," approved March eighteenth, eighteen hundred and seventy-four. [Approved March 30, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section three of said Act is hereby amended mileage of to read as follows: Section 3. The salary of the Sheriff shall be five thousand dollars per annum. In addition to his salary, he may retain for his own use the mileage received by him in civil actions, the amounts allowed him by the State for the transportation of prisoners to the State's Prison and of insane persons to the Insane Asylum, and all amounts received by him from counties other than Yolo County, for services performed for such counties in criminal proceedings; and the provisions of this Act, relative to keeping an account of and paying over his fees, shall have no application to the amounts authorized to be retained by him under the provisions of this section. The above allowances shall constitute the entire compensation of the Sheriff, including the services of all his deputies or jailers. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCCCI.-An Act to confer further powers on the Board of Supervisors of the City and County of San Francisco, and upon the Auditor and Treasurer thereof. [Approved March 30, 1876.] The People of the State of California, represented in Senate and to appropri SECTION 1. The Board of Supervisors of the City and Supervisors County of San Francisco are hereby authorized and em- ate funds. powered to appropriate, out of any money in the General Fund not otherwise appropriated, the sum of ten thousand dollars, to meet the running expenses of the Fire Department of the City and County of San Francisco. SEC. 2. The Auditor of the City and County of San Francisco is authorized to audit, and the Treasurer to pay, the said sum of money so appropriated. SEC. 3. This Act shall take effect from and after its passage. CHAP. CCCCII.—An Act supplemental to an Act entitled an Act to amend an Act to incorporate the City of Oakland, passed March twenty-fifth, eighteen hundred and fifty-four. [Approved March 30, 1876.] The People of the State of California, represented in Senate and SECTION 1. The City Council shall have power: City Council. First-To regulate the construction of sinks, gutters, wells, Powers of cess-pools, and privy vaults, and to compel the cleansing or emptying of the same, and the time and manner in which the work shall be done. Second-To regulate the anchorage of vessels in the San Antonio Creek, or elsewhere within the limits of the city, and to prevent obstructions to the free navigation of said creek. Third-To prevent persons from throwing into said creek, from vessels, wharves, or other places, any dirt, ballast, ashes, garbage, or dead animals, or other materials that may obstruct the navigation or pollute the water of the same. Fourth-To open streets to the channel of said creek, and to deep water in the Bay of San Francisco, and to construct public wharves at the ends of said streets. Powers of Fifth-To regulate the location of steam-boilers, and the putting up of signs and awnings, and the construction of entrances to basements or cellars from the sidewalks. Sixth-To establish hack-stands, and to regulate the rates of charges of hacks and other licensed vehicles, and to require a schedule of said charges, printed in conspicuous type, and satisfactory to the Council, to be posted in a conspicuous place in each hack or other licensed vehicle; provided, however, that the standing of hacks shall not be permitted on any street upon which railroads operated by steam shall be used. Seventh-To compel the attendance of absent members of said Council at any of the meetings thereof, and to cause the arrest of any person for disorderly conduct at their meetings. Eighth-To regulate the speed of railway engines in the city, and to require railroad companies to station flagmen at street crossings; to grant franchises permitting steam railroads upon any of the streets of said city; provided, that the same shall only be granted after two weeks' notice previously published in some newspaper published in said city, and by ordinance passed by the vote of two-thirds of the members elected to said Council, approved by the Mayor, and upon the previous petition, in writing, of the owners of two-thirds of the front feet of the lands upon the street to be so used. Ninth-To regulate the means of entrance to and exit from theaters, lecture-rooms, public halls, and churches, and to prohibit the placing of chairs, stools, benches, or other obstructions in the aisles of said buildings. Tenth-To require railroad companies to keep the street in repair along and within the distance of two feet of the track occupied by the company. SEC. 2. This Act shall take effect immediately. Superin CHAP. CCCCIII.-An Act to provide for the distribution of school moneys in the County of Marin. [Approved March 30, 1876.] The People of the State of California, represented in Senate and SECTION 1. The School Superintendent of Marin County tendent to must apportion all State and county school moneys as follows: apportion moneys. First-He must ascertain the number of teachers each district is entitled to, by calculating one teacher for every seventy-five census children or fraction thereof of not less than fifteen census children, as shown by the next preceding school census. Second-He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several districts. Third-Five hundred dollars shall be apportioned to each district for every teacher assigned it; provided, that to districts having ten and less than fifteen census children, shall be apportioned three hundred dollars. Fourth-All school moneys remaining on hand after apportioning five hundred dollars to each district having fifteen census children or more, for every teacher assigned it, and after apportioning three hundred dollars to districts having less than fifteen census children, must be apportioned to the several districts having not less than twenty-five census children, in proportion to the number of census children in each district. SEC. 2. This Act shall take effect from and after the thirtieth day of June, one thousand eight hundred and seventy-six. CHAP. CCCCIV.-An Act to authorize the Board of Trustees of the Town of Santa Clara to sell a public square. [Approved March 30, 1876.] The People of the State of California, represented in Senate and to sell pub question. SECTION 1. The Board of Trustees of the Town of Santa Trustees Clara are hereby authorized and empowered to sell and dis- empowered pose of, by public sale, after giving public notice for one lic square. month, of the time, place, and conditions of such sale, by publication in some newspaper published in said town, the public square situated within and belonging to said town, bounded on the north by Liberty Street, south by Lexington Street, west by Alviso Street, and east by Grant Street. Said Trustees shall sell said square for gold coin, but they shall not have power to sell the same, nor any part thereof, unless a majority of the qualified electors of said town shall, at a general or special election, vote in favor of such sale; in case Electors to the question of sale be submitted to the electors of said town vote on at either a general or special election called for such purpose by the Board of Trustees, the ballots used shall be the same as provided for in the election laws of this State, and shall contain the words " Sale-Yes," or "Sale-No," and the vote shall be taken, canvassed, and the result declared as in other town elections. At least twenty days' public notice of such election shall be given by the Board of Trustees of said town. If the vote be in favor of a sale, and the sale be made, the Trustees of said town, upon payment of the purchase money, shall, under the corporate seal of the town, make, execute, and deliver a deed for the same, conveying all the right, title, and interest of said town to said square to the purchaser. SEC. 2. This Act shall take effect and be in force from and after its passage. |