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seven of said Code, are hereby made applicable to the County of Calaveras.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAP. CCLXVII.-- An Act authorizing the Treasurer of Butte

County to transfer certain funds.

[Approved March 20, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The County Treasurer of Butte County is Treasurer to hereby authorized and directed to transfer all moneys in the transfer Swamp Land Fund of said county to the General Fund of said county, and, from time to time, as moneys shall come into and accumulate in said Swamp Land Fund, be by him transferred to said General Fund of the county, until such time as the formation of a swamp land district; and immediately upon the formation of a swamp land district in said county, the Board of Supervisors shall, by order, direct the County Treasurer to transfer to the fund of such swamp land district its proportion of the Swamp Land Funds then in the County General Fund; and said Board of Supervisors may at any time levy a special tax for the purpose of raising Special tax. the amount of Swamp Land Fund required, which special tax shall be levied and collected at the same time and in the same manner as State and county taxes are levied and collected.

SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 3. This Act shall take effect immediately.

CHAP. CCLXVIII.- An Act to call in and pay the registered

warrants of Butte County.

warrants.

[Approved March 20, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The County Treasurer of Butte County is here- Registered by directed to call in, redeem, and pay all outstanding registered warrants of Butte County, issued prior to the first day of May, eighteen hundred and sixty-four.

SEC. 2. The said County Treasurer shall give notice for the Treasurer to space of thirty days, by advertising in one or more newspapers same. published in the County of Butte, of his readiness to pay and redeem said registered warrants, specifying the time and

Fund abolished.

place of such payment; and in case said warrants are not presented for payment at the time and place specified in said notice, then and thereafter the interest thereon shall cease.

SEC. 3. That said warrants shall be paid out of the General Fund of the said county.

SEC. 4. The Treasurer is hereby directed to transfer all moneys now in the Registered Warrant Redemption Fund of said county to the General Fund thereof, and said Registered Warrant Redemption Fund is hereby abolished.

SEC. 5. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 6. This Act shall take effect and be in force from and after its passage.

CHAP. CCLXIX.–An Act to protect agriculture in the County

of El Dorado.

[Approved March 20, 1876.]

Owner may take up animals

keeping:

The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Any owner or occupant of any land or possess-

ory claim, finding any horse, mare, mule, jack, jenny, sheep, trespassing, goat, hog, or horned cattle, or any number of such animals,

doing or having done damage on such land or possessory claim, whether the said land or claim be inclosed by a lawful fence or not so inclosed, may take up and, at the expense of the owner, safely keep such animal or animals for ten

days, and shall be allowed for keeping said animal or aniCharge for mals the following-named sums: For each horse, mare,

mule, jack, jenny, or horned cattle, the sum of twenty-five cents per day, and for each goat or hog, the sum of ten cents a day, and for each sheep, five cents per day; provided, that no charge to exceed ten dollars per day shall be demanded or allowed on any number of sheep or goats.

SEC. 2. When the owner or owners of animals taken up are known, and the said owner or owners reside in or near the township, they shall be personally notified, or a written notice directed to them and left at their usual place of residence, but if at a great distance from the place of taking up, the notice of such detention, and the reasons therefor, shall be served by depositing the same, postage paid, in the nearest post-office, directed to the owner at a post-office near to his or their residence. When the owner or owners are not known to the person taking up the animals, written notices, containing a description of the animals, their marks and brands, as nearly as can be ascertained, and stating the cause of detention, shall be posted for ten days, conspicuously, in three public places in the township, and a copy delivered to a Justice of the Peace of said township, and if there be no Justice in said township, then with the nearest Justice in the adjoining township.

Notice to owners.

SEC. 3. At the expiration of ten days, if the animal or suit for animals have not been applied for, or if they have and the damages. parties do not agree on the amount of damages and compensation, the taker up, when the damages and compensation claimed for keeping and taking up shall be less than three hundred dollars, shall file a written complaint, verified by his oath, with a Justice of the Peace of the township where the trespass was committed, or the township where the owner of the animal or animals reside, setting forth the nature and location of the alleged damages, the amount he claims against said animal or animals, and that he has actually sustained the damages claimed, and if there be no Justice in said township, then he shall file said complaint with a Justice of the Peace of the nearest township.

SEC. 4. When the owner is known, the action shall be Action, against such owner or owners, and the summons shall be nainst served and returned as in other actions. When the owner summons. or owners are not known, the action shall be against the property in rem, and the summons shall be directed to unknown owner or owners of said animal or animals, describing them therein, and any actions thus commenced may include all the animals found doing damage, whether of one or more marks and brands, and shall be served by posting a copy of the same in three public places in the township, one of which shall be on the outside of the door of the Justice's office, and shall be returnable in not less than ten days from its date, and shall be posted up at least eight days before the trial, and no judgment shall be entered up, under the provisions of this Act, by default, but the damage done shall be proved by the testimony of one or more creditable witnesses. If judgment be in favor of the plaintiff, the property may be levied upon and sold as other personal property seized on execution. If the judgment be for the defendant, the plaintiff shall pay such costs and costs of suit. damages as may be awarded by the Court. The officer selling property under this Act shall give a bill of sale to the purchaser, describing the animal or animals sold, the price paid therefor, and stating that it or they were sold by authority of this Act. Any overplus of the proceeds of such sale, after satisfying the judgment and costs, shall be paid by the Justice to the County Treasurer, and shall be paid to the owner of the animals sold, by the County Treasurer, on the certificate of the Justice before whom the trial was had that he has made the proper proof of ownership thereof; provided, the same be presented to the Treasurer within three inonths from the day of sale; and if not so claimed, it shall be placed to the credit of the School Fund of the county.

SEC. 5. Any owner or owners of animals seized under the owners may provisions of this Act may, at any time previous to the sale, redeem. demand, and shall be entitled to the possession of such animal or animals, or so many as he may claim, upon making satisfactory proof of ownership before the Justice of the Peace, and paying his proportion of the damages, charges, and fees. And after the sale, may, at any time within three months, redeem said animal or animals, by making proof of

Record of sales,

Fees.

ownership and paying the purchaser the amount of purchase money, with ten per cent. added thereto, and expense of keeping, at the rate of two dollars per month per head; provided, that the expense of keeping goats, sheep, and hogs shall not exceed fifty cents per month per head.

SEC. 6. "The Justice of the Peace shall make a record in his docket of all animals sold under the provisions of this Act, which shall be open to inspection, and shall contain the description of the animals, their marks and brands, the name of the purchaser, his usual place of residence, the amount of purchase money, damages, fees, and charges, and the surplus money, if any, arising from each sale, and that the same has been paid over to the County Treasurer, as provided by section four of this Act.

SEC. 7. The fees of Justices and Constables, for services under this Act, shall be the same as allowed for similar services in other civil actions.

SEC. 8. Nothing in this Act shall be so construed as to prohibit persons from driving through uncultivated land not fenced, who may be required to pass from one section to another, for watering said stock at natural watering-places on their journey.

SEC. 9. Any person who shall drive stock from outside lands upon his own lands or possessory claim, for the purpose of taking advantage of any of the provisions of this Act, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished accordingly.

SEC. 10. This Act shall only apply to and be in force in White Oak Township, and that portion of Salmon Falls Township, in El Dorado County, lying south of the south fork of the American River.

SEC. 11. This Act shall be in force from and after its passage.

Migratory stock.

Misdemeanor.

CHAP. CCLXX.-An Act amendatory of and supplementary to

an Act to provide Road Funds for the Counties of San Luis Obispo and Santa Barbara, approved March eighteenth, eighteen hundred and seventy-four.

[Approved March 20, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section nine of said Act is amended so as to read as follows: Section 9. The money derived to the County of San Luis Obispo from the sale of said bonds must be applied and used by the Board of Supervisors of said county as prescribed in this Act. The sum of fourteen thousand dollars, part thereof must be employed in the payment for laying out and constructing of a good wagon road over the cuesta or mountain of Santa Margarita, north of and near the Town of San Luis Obispo, along and over the grade

Proceeds of bonds, how used.

Cuesta
Road Fund."

heretofore laid out and surveyed by R. R. Harris, County Surveyor of said county, and commonly known as the "Harris grade,” leaving the present public road at or near the Juan Noe place on the south side of said mountain, and coming into the same again on the north side of said mountain, at or near the Cervantes place. The Board, as soon as said bonds are sold, which must be done immediately upon the passage of this Act, must cause said sum to be set aside in the treasury of said county, to be known as the “Cuesta Road Fund,” and to be dedicated specially to the building of said road. The said Board must immediately employ a competent civil engineer to carefully survey and established [establish] an easy grade for a first-class wagon road over said mountain, following said Harris grade as near as practicable, and to prepare full and precise plans and specifications for the construction of said road. On adopting such plans and specifications the Board must advertise, in two newspapers of general circulation in the county, for bids for the furnishing of all the materials, and building and com- Bids and pleting the entire road according to the plans and specifi- contracts for cations, naming the time and place of receiving the bids, road. which time shall be three weeks from the first publication. On opening the bids the contract for furnishing the materials and the construction of the road must be awarded to the lowest bidder who will enter into a written contract for the building and completion of the road according to the plans and specifications, and who will enter into bond with Bond of the county, with at least two good su reties to the satisfaction contractor. of the Board, in the penal sum of at least fifteen thousand dollars, conditioned for the faithful and exact execution of the contract. The contract must require the work to be completed, and the road delivered for public use, within six months from its date. The Board must, in the contract, , apportion the payments of the contract price to be made as the work progresses, reserving forty per cent. till the work is completed and the road received by them, as security for the faithful performance of the contract; payments to be made by warrants drawn against said " Cuesta Road Fund." No contract shall be made for a sum exceeding fourteen thousand dollars.

SEC. 2. The Board must employ a competent engineer to supervisors superintend the work of constructing said road, who shall Engineer

. see that the same is constructed in every manner in precise accord with the plans and specifications adopted by the Board and recited in the contract, and no payment shall be made to the contractor without the certificate of the engineer first had, as to the execution of the work according to the plans and specification. The Board must pay the engineers compensaemployed by them in carrying out the object of this Act, tion. such compensation for their services as may be just, payable out of said “Cuesta Road Fund.” Should the Cuesta Road Fund not be sufficient to defray all the expenses incurred in the completion of the road, the balance needed for that pur- Expenses, pose must be made up from the other proceeds of said bonds, how paid.

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