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shall have jurisdiction of all proceedings for the recovery of any penalty, fine, or forfeiture imposed by ordinance; provided, that the amount thereof shall not exceed five hundred dollars. All fines collected in pursuance of this Act shall, after the payment of the costs of the action, be paid over to the Treasurer of the town.
SEC. 2. This Act shall take effect from and after its passage.
CHAP. XLIV.-An Act to amend section two of an Act entitled
an Act to provide for the government of the common schools in the City of Sacramento, approved April twenty-sixth, eighteen hundred and sixty-two.
[Approved January 31, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: City Super
SECTION 1. Section two of said Act is amended so as to intendent of read as follows: Section 2. On the first Monday in Decemto be Truant ber, eighteen hundred and sixty-three, and on the same day
of each two years thereafter, the electors throughout the City of Sacramento shall elect a City Superintendent of Common Schools, and the person so elected shall qualify and take office on the first Monday in January succeeding his election, and shall hold office for two years, and until his successor is elected and qualified; he shall provide himself with a clerk, and he and his clerk shall perform the duties of Superintendent and Truant Officer, and he shall receive the salary now allowed by law to the Superintendent, and the amount heretofore allowed the Truant Officer by the Board of Education, out of which sum he shall pay the salary of his clerk. He shall also receive his office rent to the amount of twentyfive dollars per month, and necessary office furniture; his salary and office rent shall be paid monthly.
SEC. 2. All Acts and parts of Acts in conflict herewith are repealed. This Act shall take effect and be in force from and after its passage.
CHAP. XLV.-An Act to amend an Act entitled " An Act regu
lating the sale of mineral lands belonging to the State," approved March twenty-eighth, eighteen hundred and seventyfour.
[Approved February 3, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows : SECTION 1. Section two of said Act is hereby amended so as to read as follows: Section 2. Any person that shall be in
NCS to be preferred
toiselle for lands on
the actual possession of any of said lands, described in sec- Actual pstion one, at the time of the survey thereof by the United States, or at the time of the passage of this Act, shall be con- purchasers. sidered a preferred purchaser thereof to the extent of his or her mining claim, provided he or she make application for the purchase of the same on or before the first day of Januuary, eighteen hundred and seventy-seven, if the plat of such survey be already filed in the United States Land Office: and if not so filed, then within six months after the filing of such plat, as aforesaid.
SEC. 2. Section seven of said Act is hereby amended so as to read as follows: Section 7. After the passage of this Patents not Act, no patent shall be issued for any of the lands described in this Act upon which, at the time of the application there which actual for, there was and still is any actual bona fide mining claim, claim exists. except to the person who is the owner of such mining claim under local mining customs; and when an applicant for such lands, not owning such mining claim, shall have paid the purchase money therefor, in whole or in part, he may present his certificate of purchase and receive in exchange therefor, from the Register, a certificate showing the whole amount paid; and the Controller, upon the surrender of such certificate, must draw his warrant in favor of the person surrendering such certificate, for the amount therein specified, on the Treasurer of State, who must pay the sum out of the fund into which the purchase money was paid; prorided, that the owner of such mining claim, under such mining customs, shall apply to purchase the same within six months after the plat of the township containing such land shall have beeu filed in the local United States Land Office, or on or before the first day of January, eighteen hundred and seventy-seven; and provided further, that any owner of a bona fide mining claim who shall have entered into an agreement with the applicant for any portion of sixteenth or thirty-sixth section upon which said mining claim is situated, for the procurement of a title for the same, shall not avail 'himself of the provisions of this section. The Governor of this State shall not sign any patent contrary to the provisions of this Act.
SEC. 3. All Acts and parts of Acts in conflict with this Act are hereby repealed.
SEC. 4. This Act shall take effect and be in force from and after its passage.
CHAP. XLVI.—[See volume of Amendments to the Codes.]
CHAP. XLVII.-An Act supplementary to and amendatory of
an Act entitled "An Act to incorporate the Town of Chico, approved January eighth, eighteen hundred and seventy-tuo.
[Approved February 3, 1876.] The People of the State of California, represented in Senate
and Assembly, do enact as follows: SECTION 1. Section eight of said Act is hereby amended
so as to read as follows: Section 8. There shall be elected, duties of city at the annual election held in said town for the election
of Trustees, a Marshal. The Board of Trustees shall have the power and it shall be their duty so to do, to appoint a Treasurer, and the police force required, and to make such regulations governing the police force as they may deem necessary, and to provide for the payment of their salaries for services rendered. It shall be the duty of the Treasurer to receive all moneys due the town, to pay all warrants drawn by order of the Board, signed by the Secretary and countersigned by the President, and to keep an accurate account of all receipts and expenditures, and to present to the Board a full report of the financial condition of the corporation one month before the annual election, and at such other times as the Board may require. He shall give bonds in the sum of five thousand dollars, conditioned for the faithful performance of his duties, and shall receive as a compensation for his services an annual salary of such sum as the Board may award him, not to exceed one hundred dollars. The Marshal shall be ex officio Assessor and Collector, and shall collect such taxes as may be levied by the Board of Trustees, and shall pay such taxes, less his commission (which shall be allowed by the Board), over to the Treasurer, taking his receipt for the same. He shall collect and pay over to the Treasurer all fines and costs levied and imposed by reason of a violation of an ordinance of the town, and for such purposes shall have the power conferred by law upon Constables. He shall arrest all persons against whom a warrant shall be directed and delivered to him from any Justice of the Peace of the town, and may arrest without a warrant any person actually engaged in his presence in the violation of an ordinance, and shall receive such fees as shall be prescribed by the Board of Trustees, to be taxed by the Justice of the Peace having jurisdiction of such violation, against the defendant; provided, that in no case shall he receive greater fees than Constables are allowed by law for similar services. He shall receive for his services such salary as the Board of Trustees may fix, not to exceed one hundred dollars a month. He shall receive no other compensation for his services than that provided for in this Act. He shall give bonds in the sum of two thousand dollars, conditioned for the faithful performance of his duties.
SEC. 2. Section seventeen of said Act is hereby amended so as to read as follows: Section 17. The Board of Trustees
may appoint an attorney and allow him for his services Attorney. what they may reasonably be worth, and also such fees in cases of conviction for breaches of ordinances as the Board of Trustees may fix. It shall be his duty to attend all meetings of the Board of Trustees, when required by the Board, or any member thereof; to conduct, on behalf of the town, all prosecutions for breaches of ordinances of said town; to defend all suits brought against the town; to prosecute all actions brought for the recovery of debts, fines, forfeitures, and penalties accruing to the town, and give, when required by the Board, without fee, his opinion in writing on matters relating to the duties of the several officers of the town and the government and control thereof.
Sec. 3. The Board of Trustees shall have power to con- Town printtract for the printing required by said town, and it shall be their duty to give two weeks notice, to be published in some newspaper in said town, that they will, at their regular meeting, in March of each year, receive proposals to do the corporation printing for the period of one year from said date. At said meeting the bids shall be opened by the Board, and the contract to do said printing awarded to the lowest responsible bidder, upon his executing a bond in the sum of five hundred dollars for the faithful performance of his duties.
SEC. 4. The Board of Trustees shall have power by ordi- Road pollnance to impose and collect a road poll-tax, not exceeding two dollars per annum, on each male inhabitant of said town of the age of twenty-one years and upwards, and no other road poll-tax shall be collected within the limits of said town. Said town and its inhabitants shall be exempt from the provisions of, and the tax imposed by section four of an Act concerning roads in the County of Butte, approved March twentieth, eighteen hundred and seventy-four.
SEC. 5. If at any time the owner of more than one-half street in frontage of lots and lands fronting on any street between sprinkling. two given points on such_street, or their duly authorized agents, shall petition the Board of Trustees to order such street to be sprinkled between such points, specifying in such petition the number of days, exclusive of Sundays, commencing at a given date, for which it is to be sprinkled, and the number of times it is to be so sprinkled each day, then it shall be the duty of the Board of Trustees to order such street between the points named to be sprinkled as prayed for, and may make an assessment of the cost thereof to each of the persons owning real estate fronting on such street between the points named, at such rate per front foot as may be necessary to furnish the cost of such work, and such assessment shall constitute a lien on such real estate until the same is paid. All work done under the provisions of this section to be let by contract to the lowest bidder.
SEC. 6. When any work to be done, under the provisions Assessment of section five of this Act, shall have been ordered by the of taxes and Board of Trustees, they shall direct the Assessor of the town collection. to make a full and complete list of the property to be charged with the expense thereof, and when known, the names of the
Assessment owners of each lot, or part of a lot, set opposite the same, of taxes and specifying the number of front feet in each lot so charged, collection. and the rate per front foot that each lot has been assessed,
and shall carry out the full amount to be charged against each separate lot or parcel of land into a separate column, and the total shall be added up at the foot thereof. Said list shall be completed and delivered to the Board within twenty days, unless the Board shall, by order, grant further time. When the said list shall have been approved by the Board they shall cause the same to be delivered to the Collector of the town. When the work so ordered shall have been completed and accepted by the Board of Trustees they shall direct the Collector to proceed and collect the several amounts so assessed. The Collector shall thereupon give notice to parties interested, by two weeks publication in some newspaper printed in said town, stating that the said assessment is due, and requiring the same to be paid within thirty days from the first publication of said notice. l'pon the completion of the thirty days he shall declare the assessments unpaid to be delinquent. He shall then proceed, after having given notice as required by law in the collection of State and county taxes upon real property, to collect the various amounts so delinquent, including the percentage aforesaid, the costs of advertising, and such other costs as are allowed by law in the collection of State and county taxes from the sale of the property, or so much thereof as may be necessary, which sales he is hereby authorized to make. In all things concerning such sales, the execution of certificates and deeds, the said Collector shall be governed by, and as nearly as practicable conform to, the same rules and directions as are contained in the laws now in force, or which may be, from time to time, in the County of Butte, providing for the sale of real property for the collection of delinquent State and county taxes; the same powers being hereby conferred on said Collector as are or may be given to Tax Collectors of said county in cases of sales of real property for the collection of delinquent State and county taxes.
SEC. 7. This Act shall take effect and be in force from and after its passage.
CHAP. XLVIII.-[See volume of Amendments to the Codes.
CHAP. XLIX.—[See volume of Amendments to the Codes.]