Unlawful to catch fish; how and where. Penalty. Fines; how paid. CHAP. CCCCLXXXII.-An Act for the preservation of fish in the waters of Lake Bigler. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. It shall not be lawful for any person or persons to catch or kill any fish in the waters of Lake Bigler, or in any stream leading into or from said Lake Bigler, with any seine, gill-net, spear, wire fence, basket, trap-set net, or dam, or any poisonous, deleterious, or stupefying drug or explosive compound, or any other implement or appliance, except by means of a hook and line. SEC. 2. Any person or persons who shall violate any provision of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any Justice of the Peace, in Placer County, El Dorado County, or Nevada County, shall be punished by a fine of not less than one hundred dollars nor more than five hundred, or by imprisonment in the County Jail not less than thirty days nor more than four months, or by both such fine and imprisonment, in the discretion of the Court, for each and every offense, besides the cost of prosecution. SEC. 3. The District Attorney, or his deputy, of El Dorado County, or of Placer County, or of Nevada County, whichever the informer may notify as within the District Attorney's jurisdiction, shall prosecute such suits, and, upon conviction, all fines, damages, and penalties that may be awarded or collected under this Act shall be paid one-half to the District Attorney and one-half to the informer, share and share alike; and it is hereby made the duty of the District Attorney, or his appointed deputy, of the Counties of Placer, El Dorado, and Nevada, to prosecute all cases arising under this Act. SEC. 4. All Acts, and provisions of any Act or parts of Acts, conflicting with this Act, are hereby repealed. SEC. 5. This Act shall take effect and be in force from and after its passage. Moneys apportioned. CHAP. CCCCLXXXIII.-An Act to provide for the distribution of school moneys in certain counties. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. The School Superintendents of the Counties of Inyo and Mono shall apportion the school moneys as follows: First-He shall apportion five hundred dollars to each school district of not less than ten census children. Second-After apportioning five hundred dollars to each school district of not less than ten census children, the excess of all school moneys remaining unapportioned shall be apportioned pro rata to the number of census children in each district; provided, that if there be an excess of money to a district or districts, such excess shall be redistributed pro rata to the census children of the other districts. SEC. 2. This Act shall take effect and be in force from and after the first day of July, A. D. eighteen hundred and seventy-eight. CCCCLXXXIV.-An Act giving a lien to loggers and laborers, employed in logging camps, upon the logs cut and hauled by the persons who employ them. [Approved March 30, 1878.] The People of the State of California, represented in Senate and upon. SECTION 1. A person who labors at cutting, hauling, raft- Labor with ing, or drawing logs or lumber, shall have a lien thereon for logs; lien the amount due for his personal services, which shall take precedence of all other claims, to continue for thirty days after the logs or lumber arrive at the place of destination for sale or manufacture, except as hereinafter provided. and SEC. 2. The lien hereby created shall cease and deter- Lien to mine unless the claimant thereof shall, within twenty days when. from the time of such labor shall have been completed, file and record in the office of the County Recorder of the county where such labor was performed a verified claim, containing a statement: First-Of his demand, after deducting all just credits and offsets. Second-The time within which such labor was done. Third-The name of the person or persons for which the same was done. Fourth-The place where the logs or timber upon which such lien is claimed are believed to be situated, and the marks upon the same. Fifth-The reputed owner thereof; and, Sixth-The reputed owner of the land from which the same were cut and hauled. SEC. 3. All liens herein provided for shall cease and suits to comdetermine, unless suit to foreclose the same shall be com- mence in menced in the proper Court within five days from the time Courts. the same are filed. proper attached. SEC. 4. The plaintiff in any such suit, at the time of Plaintiff to issuing the summons, or at any time afterward, may have have lumber the logs or timber upon which such lien subsists attached, as further security for the payment of any judgment he may Clerk to issue writ. Sheriff to recover, unless defendant give him good and sufficient security to pay such judgment, in which event such logs shall be forthwith discharged by the Sheriff from such attachment, and from the lien hereby created. SEC. 5. The Clerk of the Court must issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, showing: First-That defendant is indebted to the plaintiff upon a demand for labor, for which his claim has been duly filed in accordance with section two of this Act. Second-That the sum for which the attachment is asked. is an actual bona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor or creditors of the defendant. SEC. 6. The writ must be directed to the Sheriff of the attach logs. county, and must require him to attach and safely keep the logs and timber specified in such lien, or so much thereof as may be sufficient to satisfy plaintiff's demand, unless the defendant give good and sufficient security, as provided in this Act, in which case to take such security and discharge any attachment he may have made, and to deliver up such logs to defendant, who shall receive the same free from the lien upon which such suit is brought. Sections made applicable. Attachment; SEC. 7. Sections five hundred and thirty-nine, eleven hundred and eighty-nine, eleven hundred and ninety-one, eleven hundred and ninety-seven, eleven hundred and ninety-eight, and eleven hundred and ninety-nine, of the Code of Civil Procedure, are hereby made applicable to this Act. SEC. 8. Such attachment shall be made by taking such how made. logs into possession, and the Sheriff shall make an inventory and return of his proceedings as directed in Chapter Four, Title Seven, of the Code of Civil Procedure. Where lien shall extend. SEC. 9. The lien provided for by this Act shall in no case extend beyond the limits of the county in which the logs or timber in controversy were cut. SEC. 10. This Act shall take effect and be in force from and after its passage. Preamble. CHAP. CCCCLXXXV.-An Act providing for the payment of a claim for collecting delinquent purchases of school lands. [Approved March 30, 1878.] WHEREAS, It appears from official records that F. E. Baker, the District Attorney of Yolo County, has collected delinquent purchases of State school lands, in said county, during the year eighteen hundred and seventy-six, amounting to the sum of sixteen hundred and twenty-four dollars; and whereas, his fees and commission therefor, established by law, amount to one hundred and sixty-two dollars and forty cents; and whereas, the same has not been paid; now, therefore, The People of the State of California, represented in Senate and SECTION 1. The sum of one hundred and sixty-two dol- Approprialars and forty cents is hereby appropriated out of the State tion. School Land Fund for the payment of said claim, and the State Controller is hereby authorized and directed to draw a warrant therefor in favor of said claimant. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. CCCCLXXXVI.-An Act to provide for the construction and repair of bridges in the County of Mendocino. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. For the purpose of providing means for the special tax payment of the construction and repairs of bridges in the to be levied. County of Mendocino, the Board of Supervisors of said county shall, in addition to the taxes already authorized by law, at the time of levying the State and county taxes for the fiscal year eighteen hundred and seventy-eight-nine, levy a special tax of thirty (30) cents, and for the fiscal year eighteen hundred and seventy-nine-eighty, ten cents on each one hundred dollars of the taxable property in said county, and may, in their discretion, annually thereafter, levy, in the same manner, a tax not to exceed ten (10) cents on each one hundred dollars of said taxable property. The special tax hereby authorized to be levied shall be assessed and collected as is or may be provided for by law for the collection of State and county taxes, and shall be paid into the county treasury by the Tax Collector and set apart as a special fund, to be known as the "Special Bridge Fund." to construct SEC. 2. The Board of Supervisors are hereby authorized Supervisors and directed to locate and construct two good and substan- bridges. tial bridges, of sufficient width and strength to admit the passage of heavy freighted teams and wagons: One across the south fork of Eel River, at the nearest practicable point to where the public road leading from Ukiah through Eiden Valley to Round Valley in said county now crosses said south fork of Eel River; the other across the middle fork of Eel River, at the nearest practicable point to where said road crosses said middle fork of Eel River, which said point of location shall be viewed out and designated by Viewers, as hereinafter provided. Said bridges shall be constructed upon such plans, and of such material, with substantial abutments, as the said Board of Supervisors shall determine; Viewers to ed; their duties and compensa tion. provided, that said bridges, or either of them, shall only be constructed and paid for in the manner hereinafter provided; and provided further, that nothing in this Act shall authorize the said Board of Supervisors, or any of them, to construct, or be interested in anywise in the contract for construction of the said bridges, or either of them. SEC. 3. Before proceeding to the construction of the be appoint bridges, or either of them, authorized by this Act, the Board of Supervisors of said county shall, on the first day of the next regular meeting thereof after the passage of this Act, appoint three Viewers, at a compensation of three dollars per day, payable out of the General Road Fund of said county, who shall take an oath to faithfully perform all the duties imposed upon them by this Act, whose duty it shall be, immediately after their appointment, to proceed to view out the points of location of each of said bridges, and fix said points of location as directed by section two of this Act, and to obtain and report back to said Board of Supervisors during the then sitting of said Board, all necessary data and information as to width of stream, length and number of spans, kind of abutments, and such other facts as will fully inform said Board of Supervisors as to the kind, character, and quality of bridges necessary to be constructed across said south and middle forks of Eel River, at such points of location as will be of a permanent and substantial character, and said Viewers shall, in said report, designate the respective points of location of each of said bridges so viewed out and selected by them. Upon the presentation of the report of said Viewers, the Board of Supervisors shall proceed immediately to consider the same, and if it shall contain all necessary information upon the subject of the kind and character of the bridges to be constructed at said points of location, the said Board shall adopt said report, and the points of location designated in the report of said Viewers shall be the points of location of said bridges. Said report shall be filed with the Clerk of said Board. Advertise ment for bond re quired. SEC. 4. As soon as the report of the Viewers provided for proposals; by the preceding section shall be adopted by said Board of Supervisors, they shall cause to be published, for at least thirty days, in some daily newspaper of general circulation in the City of San Francisco, and in some newspaper published and printed in the County of Mendocino, an advertisement inviting sealed proposals for the construction of said bridges, stating the time up to which proposals therefor will be received, and said advertisement shall state so much of the data as may be necessary to enable bidders to draft plans and specifications. Said proposals shall contain a bid for the construction of each of said bridges severally, according to plans and specifications to be furnished by the bidders respectively, which shall accompany their bids; and each of said bids shall be accompanied with a good and valid bond to the County of Mendocino, in the sum of five hundred dollars, with two sufficient sureties, conditioned that if the contract be awarded to such bidder, and he shall fail in any particular required of him to enter into and upon the |