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coin; and the interest shall be made payable annually, at the end of each year, on each of said warrants.

SEC. 7. The Board of Trustees of said city shall, after Special tax. said warrants are issued, annually levy a tax on the taxable property in said city sufficient to pay said warrants and the interest punctually, as the same mature. Said tax shall be levied and collected as other city taxes.

SEC. 8. At any time after the plaintiffs, or either of them, Trustees shall file his or her complaint under the provisions of this judgment. Act, and before judgment is recovered, it shall be lawful for the City Trustees of said city to offer judgment for such amount as they may believe just; and if the plaintiff refuse to accept the judgment so offered, he or she shall not recover any costs unless the recovery is more than the sum offered.

SEC. 9. This Act shall take effect and be in force from and after its passage.

CHAP. CXCI.- An Act to fix the terms of the County and Probate

Court in the County of Merced.

[Approved March 11, 1876.] The People of the State of California, represented in Senate

and Assembly, do enact as follows: SECTION 1. The regular terms of the County Court and Terms of Probate Court, in and for the County of Merced, shall be held at the county seat of said county on the first Monday in March, August, and December in each year.

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


CHAP. CXCII.—[See volume of Amendments to the Codes.]

CHAP. CXCIII.- An Act to incorporate the Town of Hayward.

[Approved March 11, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. The people residing within the boundaries of corporate that tract of land in Eden Township, in Alameda County, described in section two of this Act, are hereby constituted a body politic and corporate by the name of the “Town of Hayward,” and by that name shall have perpetual succession, may sue and be sued in all Courts and in all actions whatso


Corporate boundaries.

ever, and shall have and use a common seal and alter the same at pleasure, and may purchase, receive, hold, and enjoy real and personal property, and sell and dispose of the same for the common benefit, subject to the provisions and limitations of this Act, and in no other way whatsoever.

SEC. 2. Beginning at the westerly corner of J. W. Bolces' land, and immediately on the northeasterly line of the county road from Haywards to San Leandro; thence along Bolces northwesterly line to a point on the left or southerly bank of San Lorenzo Creek; thence following up the meanderings of the left or southerly bank of said creek to the line dividing the land of M. Creary and J. W. Webster; thence southeasterly along said dividing line to the northerly line of the county road; thence across the county road to the northwesterly corner of Correia's land; thence easterly along said Correia's land to the northeasterly corner thereof; thence southerly along said Correia's land to the northeasterly corner of Thompson's land; thence southeasterly along said Thompson's land to the northerly line of Cemetery Avenue; thence westerly along the northerly line of said avenue to a point where the easterly line of N. Rasmusen, prolonged, intersects the same; thence southerly along the southeasterly line of said Rasmusen's land to the easterly corner thereof; thence westerly along the southeasterly line of Rasmusen, Collins, and Pimentel, to the northeasterly corner of Pell's land; thence southerly along Pell's land to the southeasterly corner of the same; thence southwesterly to the southeasterly corner of land of Stroble and Newdeck; thence westerly along Stroble and Newdeck's line to a point where it is intersected by the westerly line prolonged of Saint Joseph Cemetery; thence southerly along the northerly line of said cemetery to the northerly or right bank of Sanjon Creek; thence following down the northerly or right bank of said Sanjon Creek to the easterly line of the county road from Hayward to Mount Eden; thence easterly along the easterly line of said road to a point opposite the northeasterly corner of J. M. Alexander's land; thence northwesterly, crossing said road, to the last mentioned corner; thence southerly along the westerly line of said road to the southwesterly line of the Central Pacific Railroad's right of way; thence along the southwesterly line of said right of way to a point where the same is intersected by the northwesterly line of Hayward Avenue; thence northeasterly along the north westerly line of said avenue to the westerly boundary of Laurel School District; thence northerly along said boundary to the place of beginning

SEC. 3. The government of said town shall be vested in a Board of Trustees, to consist of five members, an Assessor, Clerk, Marshal, Treasurer, and Justices of the Peace.

Sec. 4. All elections held under the provisions of this Act shall be in accordance with the general election laws of this State. All the duties of an Election Board, which are or may be prescribed by the statutes of the State regulating and governing elections, shall be performed by the Board of Election of said town, who shall be appointed by the Board

Town gove ernment, in whom vested.

Elections to be held under gen. eral law.

Trustees, how

of Trustees of said town, and have the same power as a Board of Election under the general laws of the State. When the returns shall have been completed they shall be sealed and delivered by the Board of Election to the Town Clerk, who shall safely keep the same, not allowing any person to open said 'returns, and deliver them to the Board of Trustees at their meeting on the first Wednesday subsequent to the election. The Board of Trustees shall meet on the first Wednesday subsequent to the election, and duly canvass the election returns in the manner prescribed by the general election laws of the State, declare the result, and direct the Town Clerk to issue certificates of election to the persons elected.

SEC. 5. Said Trustees, Assessor, Clerk, Marshal, Treasurer, officers, and Justice of the Peace shall be elected by the qualified when electors of said town, on the first Monday of May of each terms of. year, and shall enter upon their duties upon the first succeeding Monday thereafter, and they shall hold their offices for one year and until their successors are elected and qualified.

SEC. 6. The Board of Trustees shall. meet on the first Board of Monday after their election, qualify and choose a President from their number. The time and place of holding their organized. stated meetings shall be as provided by ordinance, and they may be convened by the President at any time by a written notice delivered to each member, and all meetings of the Board shall be within the corporate limits of the town and shall be public. In case the Clerk shall not be present the President may appoint one of their number as Clerk pro tem.

Sec. 7. At the meetings of the Board a majority of the Trustees shall constitute a quorum to do business; a smaller act. number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the Board previously by ordinance may have prescribed.

SEC. 8. The Board of Trustees shall judge of the qualifi- Powers cation of their own members and of all election returns, and runted to determine contested elections of all town officers. They may establish rules for their own proceedings, punish any member or other person for disorderly behavior in their presence. They shall keep a journal of their proceedings, and at the desire of any member shall cause the ayes and noes to be taken on any question and entered on the journal.

SEC. 9. The Board of Trustees shall have power within Same. said town:

First-To make by-laws and ordinances, not repugnant to the Constitution and laws of this State, or the United States.

SecondTo construct and keep in repair pumps, aqueducts, reservoirs, or other works necessary for duly supplying the town with water, under the limitations hereinafter presented by this Act.

Third-To lay out, alter, open, and keep open and repair the streets, sidewalks, and alleys of the town, and determine the width and grade of all streets and sidewalks in the town, and to set out, and cause to be set out and cultivated, shade

Quorum to Powers


trees along said streets, and to regulate and direct the plantgranted to ing of the same.

FourthTo provide such means as they may deem necessary to protect the town from injury by fire.

Fifth-To levy and collect, annually, a tax not to exceed one per cent. on the assessment valuation of all property, both real and personal, within the limits of the town.

SixthTo impose and collect a road poll-tax of not exceeding two dollars per annum on every male inhabitant of the age of twenty-one and less than sixty years; and no other road poll-tax shall be collected within the limits of the Town of Hayward.

Seventh-To impose and collect a tax of not to exceed two dollars per annum on every dog owned within the limits of the town; and no other dog tax shall be collected within the limits of said town.

EighthTo provide for the draining, the establishing of grades, improvements, repairs, and lighting of the streets and the construction of sidewalks, drains, and sewers, and the keeping of the same in repair; to prevent the business of slaughtering animals within the limits of the town; to provide for the prevention and summary removal of all nuisances; to provide for the prevention and summary removal of all occupations detrimental to the public health, comfort, and safety, and to provide for the prevention and regulation of contagious disease; to suppress or regulate the erection of soap or glue factories, or tan-yards; to suppress and prohibit gambling-houses, and all houses of ill-fame and prostitution, and all occupations, houses, places, amusements, and exhibitions which are against good morals and contrary to public order and decency.

Ninth-To regulate the erection of steam boilers and engines, and to prohibit the erection thereof in places deemed dangerous to the inhabitants of the town.

Tenth-To prevent the leaving of any animal upon any street, alley, or lane within the limits of the town, without securely fastening the same; also to prevent the hitching or fastening of any animal to, or to prevent the posting of any notice or placard upon, or otherwise defacing or injuring any lamp-post, or hydrant, or any tree upon any highways of the town, or any case or box around such tree.

Eleventh-To prevent the appearance of any person upon the highway or public place, in a state of drunkenness or intoxication, or in any private house or grounds, to the annoyance of any person therein; and to prevent any person or persons from behaving in an indecent or lewd manner, or making any indecent exposure of his person, or performing any indecent, immoral, or lewd play or representation, or the bathing in any public manner within the limits of the town; to prevent any noise, disorder, or tumult to the disturbance of the public peace.

Twelfth-To prevent the discharge of fire-arms, pistols, or cannon within prescribed limits; to prevent the immoderate riding or driving of any horse or other animal on the highways within the town; to prevent any sport or exercise upon


the highways or public grounds having a tendency to frighten Powers horses; to empower any police officer or Justice of the Peace granted to to disperse any disorderly crowd.

Thirteenth-To provide for inclosing, improving, and regulating all public grounds, at the expense of the town.

Fourteenth-To license, tax, and regulate all such business and employments as the public good may require, and as may not be prevented by law, and fix the terms and price thereof; provided, that the proceeds of all licenses issued to persons doing business within the Town of Hayward shall be paid in to the Town Treasurer, for the use of said town, and it shall be unlawful for any county officer to collect any such town licenses within the said town.

Fifteenth-To permit the laying of railroad tracks, and the running of cars drawn by horses or steam thereon, and to regulate the same.

Sixteenth-To erect, purchase, or lease proper buildings for a fire department.

Seventeenth-To provide for the good order of the town, and to appoint special policemen when deemed necessary to preserve the public peace.

Eighteenth-To purchase, hold, and maintain a fire engine, and such implements for the prevention and extinguishing of fires as may be necessary.

Nineteenth-To prevent horses, mules, jacks, jennets, cattle, goats, sheep, and swine from running at large, being picketed, or herded upon the streets, alleys, lanes, or public grounds within the limits of the town.

Twentieth-To establish a pound and a Poundkeeper, and describe his duties; and to provide for a public sale by the Poundkeeper of such animals as shall be impounded, in the same way and upon like notice that personal property is sold by execution under the laws of the State; provided, said Board of Trustees shall allow, by the proper order, the owner or owners of such property so impounded to reclaim the same at any time before the sale, upon payment of costs and charges of taking up and impounded, and damages, if any; and within thirty days after the sale shall allow him or them, upon proof of ownership of the property sold, duly made before a Justice of the Peace, and upon payment of costs of taking up, impounding, and selling the same, and damages, if any, and upon the payment of the sum of one dollar to the said Justice, as a fee for the investigation of ownership, and for his certificate to that effect, the purchase money arising from such sale or sales.

Twenty-first-To provide for the lighting of such streets and buildings belonging to or in use by the town, as may be necessary; provided, that no contract for lighting any street shall be let for a longer period than five years.

Twenty-second-To offer and pay rewards for the arrest and conviction of persons charged with crime.

Twenty-third-To prescribe and fix such penalties for the violation of any of the provisions of this Act as are not otherwise provided for.

Tuenty-fourth-To erect, purchase, or lease buildings suit


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