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Actions, how brought.

Sec. 4. The actions provided for in sections two and three may be brought by any or either of the parties injured, and may be joint or several.

Sec. 5. This act shall take effect from and after its passage.

TITLE 72.

DOGS.

Dogs killing sheep, liability for: See post, Sheep. An act to protect sheep and Cashmere and Angora goats against the ravages of dogs. [Approved March 13, 1866; 1865-6, 225.]

Dog tax.

Section 1. Every owner, claimant, or keeper of a dog or dogs of the age of four months or over, shall hereafter pay an annual tax on all dogs owned, claimed, or kept by him or her; for the first male dog, one dollar; for every additional male dog, two dollars; and for every female dog, three dollars.

Collection.

Sec. 2. It shall be the duty of the county, district, or township assessors, as the case may be, at the time of making their annual assessment of real estate and personal property, to ascertain by diligent inquiry and examination the names of all persons owning, claiming, or keeping any dog or dogs, and they shall assess all such dogs in the amounts respectively, as provided in the first section of this act, to the person or persons owning, claiming, or keeping the same, and shall make lists and delivery thereof on their annual tax lists or assessment rolls at the same time and in the same manner as their lists and delivery of other personal property are made and delivered; and the proper officers are hereby empowered and required to collect such tax on dogs in the same mode and manner as other taxes are collected, and to pay over the same into the county school fund.

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Ownership.

Sec. 3. Every dog kept or staying at any ho shall be deemed sufficient evidence of owners to authorize the assessor to return the person habiting the house as the owner of such dog; any person sending his or her dog from house house or from place to place in order to evade s tax shall pay double rates therefor; and ev dog not so returned shall be deemed to have owner, and may be lawfully killed by any per seeing the same running at large.

Damages.

Sec. 4. The owner or owners of any dog dogs which shall worry, wound, or kill any she Cashmere or Angora goats, shall be liable to t owner or possessor of such sheep, goat or goa for the damages and costs of suit, to be recover before any court having jurisdiction in the ca Killing.

Sec. 5. Any person finding any dog or dogs, n on the premises of its owner, worrying, woundin or killing any sheep, or Cashmere or Ango goats, may kill the same, and the owner there shall sustain no action for damages against a person so killing any dog or dogs under such ci cumstances.

The following special and local acts were pas ed in 1878: An act to repeal an act entitled a act restricting the herding of sheep to certain pa tures in the counties of Sonoma and Marin, pas ed April 21, 1857, and the acts amendatory thereo so far as they relate to the counties of Mendo cino and Humboldt, approved February 14, 1878 1877-8, 79.

An act restricting the herding of sheep to cer tain pastures in the county of Modoc, approved March 14, 1878; 1877-8, 241.

An act to prevent sheep and goats from being herded or running at large in certain portions o Lake county, approved March 29, 1878; 1877-8 685.

TITLE 73.

DONATIONS TO STATE, COUNTY, CITY, OR TOWN.

Consult the following acts:

An act to provide for the receipt and appropriation of donations to the state, or counties, or cities and counties, or cities or towns therein. [Approved April 3, 1880; 1880, 20 (Ban, ed. 106).]

An act to authorize the several counties, cities and counties, cities, and towns of this state, and the officers and boards of officers thereof, to receive property by gift, bequest, and devise, and to hold, manage, and dispose of such property, and the income and increase thereof. [Approved February 10, 1881; Stats. 1881, 2.]

TITLE 74.

DRAINAGE.

An act to provide a system of irrigation, promote rapid drainage, and improve the navigation of the Sacramento and San Joaquin rivers. [Approved March 29, 1878; 1877-8, 634.]

This act created the office of state engineer for the period of two years and prescribed the duties of the engineer. It was amended by renewing the office each session of the legislature up to 1889.

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An act to promote drainage.

[Approved April 23, 1880; 1880, 123 (Ban, ed. 389). Board of drainage commissioners.

Section 1. The governor, surveyor general, an state engineer shall be ex officio members of an constitute a board of drainage commissioners t Idivide the state into several drainage districts and organize the same as hereinafter provided The governor shall be president of the board, an the office of the board shall be in the state engi neer's office at the state capitol. The secretary t the state engineer shall be secretary of the board Report of state engineer.

Sec. 2. Within thirty days after the passage o this act, or as soon thereafter as may be practica ble, the state engineer shall submit to said boar a report or reports containing the result of his in vestigations as to drainage, having in view the control of debris from mining and other opera tions, the improvement and rectification of rive channels, the erection of embankments or dike necessary for the protection of lands, towns, o cities from inundation. He shall also make specia examinations with reference to the division of th state into several drainage districts, each of whic shall include a territory drained by one natura system of drainage, and shall report to the boar of drainage commissioners the result of his ex aminations, and shall from time to time propos boundaries for such districts and recommend the formation.

Board to consider the report.

Sec. 3. After the state engineer has reporte the boundaries and recommended the formatio of one or more drainage districts, the board sha proceed to consider the same, and may adop amend, or reject said report; but if adopted b them, either in the original form or amended, the shall, by resolution entered upon the record their proceedings, declare the said territory to b and the same shall thereupon become, a drainag district, and shall be known as drainage distri number one, two, or three, etc., as the case ma

annum, and one jailer, at a salary of nine hundred dollars per annum.

3. The Recorder, six hundred dollars per annum, and six cents per folio for every instrument of any character transcribed by him or any of his deputies, which said amounts shall be paid out of the county treasury.

4. The Auditor, seven hundred dollars per an

num.

5. The Treasurer, one thousand dollars per annum.

6. The Tax Collector, eight hundred dollars per

annum.

7. The Assessor, twenty-two hundred dollars per annum.

8. The District Attorney, eighteen hundred dollars per annum.

9. The Coroner, such fees as are now or may hereafter be provided by law.

10. The Public Administrator, such fees as are now or may hereafter be allowed by law.

11. The Superintendent of Schools, fifteen hundred dollars per annum for all services performed as school superintendent and member of the board of education.

12. The Surveyor, such fees as are now or may be hereafter allowed by law.

13. The Justices of the Peace, such fees as are now or may hereafter be allowed by law; provided, that the fees and compensation of any Justice of the Peace in criminal cases or proceedings to which the people of the State of California are or may be made a party, shall not exceed nine hundred dollars for any one year.

14. Constables, such fees as are now or may be hereafter allowed by law; provided, that the fees and compensation of any Constable in criminal cases or proceedings to which the people of the State of California are or may be made a party shall not exceed nine hundred dollars for any one

year.

15. Each Supervisor shall receive for compensation, five dollars per day for all services performed as Supervisor and member of the board of equalization, not to exceed the sum of four hundred dollars per annum; also three dollars per day for each day actually engaged in performing Gen. Laws-20.

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