to be re care, however, that the sum due to the contractor shall not in any case be diminished by any of their proceedings. The assessment and diagram so equalized, or so altered, or if no person shall have appeared, or if having appeared, no change shall have been made, the original assessment and diagram Assessment shall then be signed by the President of the Board, and be and diagram recorded by the Town Clerk, in a book to be provided for corded. that purpose; and such record, and everything therein contained, shall be final and conclusive upon all persons, and the sum assessed against each lot shall be a lien thereon from the date of such record, which lien shall continue for two years, and take priority over all other liens, except liens for taxes. Payment of the sums so assessed may at any time, within ten days after such recording, be made to the Town Treasurer for the use of the contractor, and receipts therefor shall be given by him, and on presentation of such receipts to the Town Clerk, he shall mark on such record the fact of such payment, specifying the lot or lots on which the assessment has been paid; and thereupon the lien as against such lot or lots shall be canceled. If at the expiration of said ten days the said assessment, or any of them, be not paid, the contractor shall be entitled to bring a suit in his own name to foreclose the lien or liens created by such assessment and remaining unpaid, with interest thereon from the date of the record thereof, at the rate of one per cent. per month, in which suit the owners of all the lots affected by such assessment shall be joined as parties defendants therein, and the complaint therein need not show any of the steps or proceedings taken prior to the record of such assessment, but shall be legally sufficient if it show the title of the Court and cause, a brief statement of the work performed, that he had contracted to do the work and had done it, the date of the record of the assessment, the book and page where recorded, the amount assessed therein against each lot and remaining unpaid, and a description of each lot to enforce the lien against which the suit is brought, the name of the owner of each lot, and the prayer for relief; and no defense shall be interposed thereto except payment, or actual fraud in the performance of the work, or in the proceedings had prior to the commencement of the suit. Counsel fees shall be recovered in such suit, as may be fixed by the Court, as well as all costs allowed by law. In neither such assessment or diagram shall the name of any person be stated as the owner of any lot mentioned or figured therein, but each lot shall be numbered correspondingly both in the assessment and diagram, and the diagram shall show, in figures, the frontage and depth of each lot, and its relative position to the cross streets nearest thereto. Whenever any street, ordered to be improved under the pro- Street crossvisions of this section, shall cross any other street, the cross- worked. ing of such streets shall also be ordered to be done by the Board of Trustees, as part of the work ordered, and every provision of this section shall be applicable to all work done, or ordered to be done upon such crossing, except that in advertising for proposals to do the work when not begun, or ings; how Sidewalks; how constructed. Assessor and Collector consoli not completed by the property owners, the notice given shall require that in the proposals to be made and handed in, the amount for which the work upon the crossing or crossings will be done shall be stated separately from the rest of the work, and in every contract that may be entered into such amount shall be separately stated, and for the payment of any work done by a contractor upon a crossing the sum due him therefor shall be assessed by and upon a separate assessment and diagram, and shall be made upon every lot or part of a lot in every quarter block fronting on such streets so crossing, and according to their several frontages on such streets. SEC. 4. Section twenty-eight of said Act is hereby amended to read as follows: Section twenty-eight. Sidewalks may be ordered by the Board of Trustees to be constructed, and may be constructed, whenever they may deem proper so to order, on either or both of the sides of a street, the grade of which has been officially declared in the manner provided by the next preceding section, twenty-seven, except that in case the sidewalk on only one side of a street shall be ordered to be constructed the ordinance ordering the work, and all subsequent proceedings, shall be modified so as to only affect the lots fronting on that side of the street upon which the sidewalk has been ordered to be constructed, and every provision in the preceding section, twenty-seven, shall be applicable to the work ordered and constructed under this section. The Board of Trustees may require any sidewalk when constructed to be kept in good repair by the owners or occupants of the property fronting on it, at such time and under such penalty as they may by resolution direct, and whenever any sidewalk is repaired under such direction by any tenant, he may deduct from any rent due or to become due by him to the owner of the lot of which he may be the tenant such sum as he may have paid for the repairs of such sidewalk in front thereof. SEC. 5. Section twenty-nine of said Act is hereby amended to read as follows: Section twenty-nine. At the option of dated; how. the Board of Trustees, and during such time as they may judge best, they may, by ordinance, direct that the several offices of Assessor and Collector may be consolidated, and that the Assessor, when elected, shall be ex officio Town Collector, in which case no election for Collector shall be had, and the Board may, by such ordinance, provide for the payment to such Assessor, for his services as Assessor and Collector, such compensation as they may deem such officer fairly entitled to, anything hereinbefore to the contrary notwithstanding. Taxes; how collected and paid. SEC. 6. Section thirty-eight of said Act is hereby amended to read as follows: Section thirty-eight. All road taxes assessed, or hereafter to be levied and assessed, by the County Assessor, or by the County of Marin, upon any property within the limits of said Town of San Rafael, and hereafter collected by the Tax Collector of said County of Marin, shall be paid by him to the Treasurer of said town for the use of said town. SEC. 7. Section forty-six of said Act is hereby amended to of taxes. read as follows: Section forty-six. During the ten years next Trustees to prior to the maturity of any bonds issued by said town, the amount Board of Trustees shall, annually, in and by their ordinance fixing the amount of taxes to be assessed and collected, levy and cause to be collected a tax sufficient to pay ten per cent. of the bonds which may become payable at the end of such ten years, and the tax so levied and collected shall be set apart as a special fund, to be known as the "Redemption Fund." how gov erned. SEC. 8. Section forty-eight of said Act is hereby amended Contracts; to read as follows: Section forty-eight. Neither the Board of Trustees nor any officer, officers, or authority, shall have power to contract any debt against said town, except as provided in the preceding sections; nor shall the aggregate amounts of the bonds issued, or to be issued, by said town, or of the money borrowed by said town, ever exceed the sum of thirty thousand dollars, excepting such interest as may accrue on such bonds; and in no case shall any contract, made by said town for street or sidewalk purposes, be deemed to create any liability on the part of said town or any of its officers to pay the same, except so far as said town or its officers shall receive from property owners the amount of any assessment levied against their lots, by reason of any of the provisions of this Act, and shall refuse to pay the same, when collected, to the contractor entitled thereto. SEC. 9. All Acts or parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. SEC. 10. This Act shall take effect and be in force from and after its passage. CHAP. CCCCXCVI.-An Act to encourage the destruction of squirrels and gophers in the County of San Joaquin, and to provide for a bounty for the same. [Approved March 30, 1878.] The People of the State of California, represented in Senate and Assembly, do enact as follows: special tax. SECTION 1. The Board of Supervisors, in and for the Supervisors County of San Joaquin, shall, at the time of making their ex annual levy of State and county taxes, or at any regular meeting of said Board on or before the first Monday in June, eighteen hundred and seventy-eight, and every year thereafter, levy a special tax, not to exceed three cents on each one hundred dollars valuation of all taxable property on the assessment roll of said county, which tax shall be collected at the same time and manner in which other county and State taxes are collected, and when so collected, less only the fees allowed by law for the collection and disbursement of the same, shall constitute in said county a fund, to be known. as the "Squirrel and Gopher Bounty Fund." SEC. 2. Any person who shall, within said county, kill or Bounty. Certificate issued. Supervisors to pay claim. Unlawful to enter inclosure; when. Clerk to furnish destroy, or cause to be killed or destroyed, by any person or in and for the County of San Joaquin, do Peace. -, eighteen hundred and seventy-eight. SEC. 3. On presentation by the lawful holder of any one or more of said certificates to the Board of Supervisors of said county, said Board shall consider and allow the same in like manner as other claims against said county are allowed, and the County Auditor of said county shall draw upon the County Treasurer, payable only out of the said "Squirrel and Gopher Bounty Fund," in the manner prescribed by law for the drawing of warrants upon other funds of the county, and shall be in like manner paid. SEC. 4. It shall be lawful for any person, under the provisions of this Act, to enter any inclosure not occupied as a garden, vineyard, nursery, or orchard, between the first day of November and the first day of May of each year, and not otherwise, unless permission be granted by the owner of said premises; provided, that this Act shall not be so construed as to prevent an action for damages in case of willful or unlawful destruction of property. SEC. 5. The County Clerk shall prepare blank certificates, certificates. and furnish the same to each Justice of the Peace within this county. Each Justice of the Peace shall be entitled to a fee of twenty-five cents for each certificate issued under the provisions of this Act. SEC. 6. This Act shall take effect from and after its passage. CHAP. CCCCXCVII.-An Act to amend an Act, approved March twenty-fourth, eighteen hundred and seventy-four, entitled an Act amendatory of and supplementary to an Act entitled an Act to provide for the establishment and maintenance of public roads in Napa County, approved March thirty-first, eighteen hundred and sixty-six. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section seven of said Act is amended so as to Section read as follows: Section seven. The Board of Supervisors of amended. Napa County, at the time of levying State and county taxes, in the year A. D. eighteen hundred and seventy-eight, shall levy upon all the assessable property in the county a road tax, not exceeding twenty cents on the one hundred dollars, and annually thereafter levy a tax not exceeding twelve and one-half cents on the hundred dollars, which shall constitute a Contingent Road Fund, and shall be at the disposal of the Board of Supervisors, and expended for general road purposes; provided, that five cents of said rate of said tax shall, each year, be appropriated by said Board for the maintenance of what is known as the Berryessa Road. SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. SEC. 3. This Act shall take effect on and after its passage. CHAP. CCCCXCVIII.-An Act to amend an Act, approved March thirtieth, eighteen hundred and seventy-six, entitled an Act supplementary to and amendatory of an Act, approveds twenty-fourth of March, eighteen hundred and seventy-four, entitled an Act amendatory of and supplementary to an Act entitled an Act to provide for the establishment and maintenance of public roads in Napa County, approved March thirty-first, eighteen hundred and sixty-six. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section two of said Act is hereby repealed. SEC. 2. This Act shall take effect and be in force from and after its passage. Repealed. |