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CHAP. CLXXII.-An Act to provide for constructing division

fences.

[Approved March 9, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. When two or more persons own land adjoin- Erection of ing, which is inclosed by one fence, in either the Counties of partition Sacramento, Solano, Sutter, Yuba, Butte, Contra Costa, and in that portion of San Joaquin County lying and being north and east of the San Joaquin River, Amador, San Luis Obispo, Santa Barbara, Ventura, Tulare, El Dorado, Tuolumne, San Mateo, and Nevada, and it becomes necessary for the protection of the rights and interests of one party that a partition fence should be made between them, the other or others, Persons when notified, shall proceed to erect, or cause to be erected, be notified." one-half of such partition fence; said fence to be erected on, or as near as practicable, the line of said land. And if, after notice given in writing, or after determination of the Viewers, as provided in section six hereof, either party shall fail to proceed to erect, or cause to be erected and completed, within six months' time thereafter, one-half of such fence, the party giving the notice may proceed to erect or cause to be erected, the entire partition fence, and collect by law onehalf of the costs of such fence from the other party, and he shall be entitled to a lien upon the land thus partitioned, as provided in section one of an Act entitled an Act amendatory of and supplemental to an Act entitled an Act concerning lawful fences, approved April third, eighteen hundred and sixty.

SEC. 2. Lawful division fences are described as follows:

First-If made of stone, four feet high, three feet base, and Lawful dione foot thick on the top.

Second-If it be worm fence, the rails should be well laid, and at least five feet high.

Third-If made of posts and boards, the posts must be set well in the ground, not less than eighteen inches, and not wider apart than eight feet. If intended to turn als stock, it shall be at least five six-inch boards, or four eight-inch boards high, or four boards high, with a ditch embankment equal to one board, or four six-inch boards high with a wire on top; the boards to be six inches wide and one inch thick; the top board to be four and one-half feet from the ground; the spaces well divided, and the boards securely nailed to the posts. If intended as by mutual agreement in writing, a lawful fence to turn only neat cattle, horses, and mules, a three-board fence shall be deemed sufficient; the bottom board to be two feet from the ground.

Fourth-If made of pickets, posts and rails, or posts and poles, and a ditch or ditches, the fence must be equally strong and secure as a fence made as described in the last subdivision.

FifthIf made of wire, posts and poles, ditch, pickets,

vision fences described.

Dimensions of posts.

Duty of owners.

Liability of adjoining owners,

hedge, brush, or of any other materials, the fence, to be lawful, must be equal in strength and capacity to turn stock as the fence described in the third subdivision of this section.

SEC. 3. All posts used in such fences shall be at least twelve inches in circumference, set at least eighteen inches in the ground, and must be replaced when and as often as the fence shall become decayed.

SEC. 4. Each coterminous land owner shall construct and keep in repair a just proportion of the line fence between their respective tracts of land, unless the owner of one or both of said tracts shall choose to allow his land to lie uninclosed.

Sec. 5. When one of such adjoining proprietors shall have allowed his land to lie uninclosed, and afterwards shall inclose it, he shall owe and be indebted to such adjoining owner one-half the value of any division fence owned by the other, used by him in forming such inclosure; and each shall

thereafter keep one-half of such fence in repair. Disagree- SEC. 6. If adjoining proprietors cannot agree as to the ens to decide, proportion or the particular part of a division fence to be

made, maintained, or kept in repair by each respectively, either party may apply, on five days' notice, to a Justice of the Peace of the township, if there be one, if not, to the County Judge, for the appointment of three Viewers, who may examine witnesses on oath, and view the premises, and must determine:

First-If the fence is owned by one proprietor, how much the other shall pay as his proportion of the value.

Second-If the fence, or the whole thereof, is not built, file report which part thereof shall afterwards be built and kept in

repair by each. The determination of the Viewers shall be reduced to writing and signed by them, and shall be filed in the office of the County Clerk, and such determination shall be conclusive upon the parties. If any part of such determination shall consist in fixing the value of a fence, for which one party is to pay the other a proportion also fixed, such proportion shall be paid within thirty days after notice of such determination, and if not so paid may be recovered by action in any Court of competent jurisdiction. The Viewers shall be entitled to a fee of three dollars each, onehalf to be paid by each proprietor.

Sec. 7: Nothing in this Act shall be held to repeal or affect subdivision fourteen of section eight hundred and one of the Civil Code, nor sections eight hundred and forty and eight hundred and forty-one of said Code, but this Act shall be deemed cumulative.

SEC. 8. This Act shall be in force from and after its passage.

Viewers to

Fees of viewers,

tion to pay

CHAP. CLXXIII.-An Act for the payment of the claim of A.

L. Bancroft & Co.

[Approved March 9, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The sum of two thousand seven hundred dol- Approprialars is hereby appropriated, out of any moneys in the State claim. treasury not otherwise appropriated, for the payment of A. L. Bancroft & Co. for three hundred volumes each, of volumes forty-seven, forty-eight, and forty-nine of the California Supreme Court Reports, the same having been received by the Secretary of State, in accordance with the provisions of section seven hundred and eighty-one of the Political Code.

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

CHAP. CLXXIV.–An Act to amend an Act entitled an Act

supplementary to an Act to create the County of San Benito, to establish the boundaries thereof, and to provide for its organization, approved February twelfth, eighteen hundred and seventyfour, approved March eighteenth, eighteen hundred and seventyfour.

[Approved March 10, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section one of an Act entitled an Act supplementary to an Act entitled an Act to create the County of San Benito, to establish the boundaries thereof, and to provide for its organization, approved February twelfth, eighteen hundred and seventy-four, approved March eighteenth, eighteen hundred and seventy-four, is hereby amended so as to read as follows: Section 1. The Board of Super- Commissionvisors of San Benito County are authorized and directed, at ers on behalf their regular meeting in May, eighteen hundred and seventy- County. six, to appoint two citizens and tax-payers, residents of San Benito County, to act as members of a Board of Commissioners, with the powers and duties herein mentioned. The same, Board of Supervisors of Monterey County are authorized Counterey and directed, at their regular meeting in May, eighteen hundred and seventy-six, to appoint two citizens and taxpayers, residents of Monterey County, to act as members of the Board of Commissioners above named. The four persons appointed as above provided shall constitute a Board of Commissioners to determine and settle all financial differences between the said Counties of Monterey and San Benito. Said Commissioners shall meet on the first Monday in June,

of counties.

A. D. eighteen hundred and seventy-six, at Salinas City,

Monterey County, and, after being sworn, shall organize by Commission appointing from their number a President and Secretary, artean girls and shall immediately proceed to determine the indebtedindebtedness

ness,

if any, of Monterey County on the twelfth day of February, A. D. eighteen hundred and seventy-four. Said indebtedness shall be not only that ascertained and established by the Board of Supervisors of Monterey County prior to said twelfth day of February, A. D. eighteen hundred and seventy-four, but such indebtedness as was subsequently ascertained and determined and allowed by said Board on bills and accounts which should have been presented to such Board of Supervisors prior to said date, and which were due and owing and legal charges against said Monterey County on said twelfth day of February. After ascertaining said indebtedness, they shall then ascertain the total market cash value of all the assets and real and personal property belonging to Monterey County at said date. They shall then, also, ascertain the assessed value, under the assessment of the year eighteen hundred and seventy-three, of the property of Monterey County, and of the property in the territory hereby set apart to form San Benito County. Then, after deducting the total value of assets and property aforesaid from said amount of said indebtedness, so as to ascertain the actual indebtedness, if any, the proportion due from the County of San Benito shall be ascertained as follows: As the total assessed value of property in the territory taken from Monterey County to form San Benito County is to the total assessed value of said Monterey County, so shall be the proportion of the actual indebtedness of San Benito County to Monterey County. But if said Commissioners ascertain that the assets and property belonging to Monterey County exceeds the said ascertained indebtedness as herein named, then they shall ascertain, in the same manner as herein named, the proportion thereof belonging to San

Benito County, and when so ascertained, said CommisVacancies on sioners shall certify to the Board of Supervisors of their Commission.

respective counties the amount of said excess of debt or value. In case of the death, resignation, or failure to qualify of either of the Commissioners herein appointed, the vacancy shall be filled by the Board of Supervisors of the county to which said Commissioner belonged. If a majority of said Commissioners cannot agree upon any of the matters herein submitted to them, then and in that event the Hon. David Belden, District Judge of the Third Judicial District of the State of California, on the application of any two of said Commissioners, shall appoint some citizen and tax-payer of this State, and not a resident of either of said counties. The person so appointed shall consti

tute a member of said Commission, and the judgment of a Bonds may majority of such Commission shall be final. If said indebtbe issued by edness exceeds the said value as herein named, then the to Monterey Board of Supervisors of San Benito County shall cause to be County. issued forth with the bonds of San Benito County, payable in

five years from date of issue, to the County of Monterey for

interest tax.

such sum as shall be so certified by said Board of Commissioners; and if said assets and property exceed said debt, then the Board of Supervisors of Monterey County shall cause to be issued the bonds of Monterey County, payable in Bonds, by five years from date of issue, to the County of San Benito, San Benito

to for such sum as shall be so certified by said Board of Com- County. missioners to be due. In either case, the bonds so issued shall bear interest at the rate of seven per cent. per annum, payable annually, and said Board so issuing said bonds shall levy annually, and cause to be collected as other State and Bond and county taxes are collected, a tax of not less than three cents on each one hundred dollars of value of the taxable property, in the county, which, when so collected, shall be set aside and appropriated to the payment of the interest on said bonds so issued, and shall be paid on said bonds whenever the amount of five hundred dollars shall have been received and said bonds presented for payment.

Sec. 2. Section two is hereby amended so as to read as compensafollows: Section 2. Said Commissioners shall receive ten tion of Comdollars per day from their respective counties; provided, that if a fifth Commissioner be appointed as herein provided, his services shall be paid by the two counties jointly.

SEC. 3. Section five is hereby amended so as to read as follows: Section 5. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 4.* This Act shall take effect on and after its passage.

.

CHAP. CLXXV.–An Act to enable Point Pleasant School
District, of Sacramento County, to pay its school teacher.

[Approved March 10, 1876.)
The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The Trustees of Point Pleasant School District, Trustees to of Sacramento County, are hereby authorized to draw their order

payment of order upon the County Superintendent of Schools of Sacra- teacher. mento County in favor of W. Perkins, for the sum of two hundred and eighty dollars, in gold coin, to pay said Perkins for teaching the school in said district from July twelfth, eighteen hundred and seventy-five, to November twelfth, eighteen hundred and seventy-five, four months, at an agreed salary of seventy dollars per month, in gold coin.

SEC. 2. The County Superintendent of Schools of Sacra- Payment mento County is hereby authorized, upon receipt of the provided for. order mentioned in section one, to draw his warrant upon the County Treasurer of Sacramento County against the School Fund of said Point Pleasant School District, to pay said sum of two hundred and eighty dollars to said Perkins.

SEC. 3. The County Treasurer of Sacramento County is hereby authorized to pay said warrant mentioned in section

Same.

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