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CHAP. CCLXXX.-An Act supplemental to an Act entitled an
Act to enable John Hoagland and others to sue the City of Sacramento, approved March eleventh, A. D. eighteen hundred and seventy-six.
[Approved March 20, 1876.] WHEREAS, An error was committed in the engrossment of Preamble.
the first section of the above-entitled Act, by which the name of Mary Samsel is written Mary Limsel, which error
exists in the said Act; therefore, The People of the State of California, represented in Senate and
Assembly, do enact as follows : SECTION 1. It shall be lawful for the said Mary Samsel, in her proper name, to sue said city under and by virtue of said Act, with the same effect as if her true name were written in the said first section of said Act in the place of Mary Limsel.
SEC. 2. This Act shall take effect immediately.
CHAP. CCLXXXI.- An Act to authorize the County Clerk of
[Approved March 20, 1876.]
Assembly, do enact as follows: SECTION 1. The County Clerk of Alameda County is Deputies hereby authorized to employ two deputies in addition to the ries of. number now allowed by law, and said deputies shall each be allowed and paid a monthly salary of one hundred and twenty-five dollars from the Salary Fund of said county.
SEC. 2. The County Auditor shall draw his warrant on the County Treasurer of said county, on the first Monday of each month, in favor of each of said deputies, as above set forth, for the preceding month.
SEC. 3. This Act shall be in force from and after its passage.
CHAP. CCLXXXII.- An Act for the better protection of the county treasuries of Los Angeles, Sutter, and Butte Counties.
[Approved March 20, 1876.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The County Judge and Auditor of the Coun- Officers ties of Los Angeles, Sutter, and Butte, are hereby constituted fortitut a Board of Examiners of county funds, held in safe keeping Examiners. by the County Treasurer of their respective counties.
Board to examine books of Treasurer.
Examiners to publish statement.
SEC. 2. It shall be the duty of said Board, as often as it may be deemed proper, to examine the books, accounts, and vouchers in the office of the County Treasurer, and to count the moneys in the treasury belonging to the various funds; provided, that said examination and counting shall take place at least once a month, without said Board giving the Treasurer any previous notice of the hour or day of said counting.
SEC. 3. It shall be the duty of the Treasurer to permit the said Board of Examiners to examine the books and papers in his office, and permit the moneys in the treasury to be counted whenever the said Board may wish to make such examination or counting, without delaying said examination or counting on any pretense whatever.
SEC. 4. It shall be the duty of said Board of Examiners to ascertain what amount of money may be needed to be paid out for the month next following their meeting, which amount shall be set aside; the balance not thus needed shall be put in bags and sealed up with an appropriate seal, and not opened again by the Treasurer until the next meeting of the Board.
SEC. 5. Any violation of the provisions of this Act by the Treasurer shall be deemed a felony, and upon conviction thereof, in a Court of competent jurisdiction, shall be sentenced to imprisonment in the State Prison for a term not exceeding three years, and a fine of not less than five hundred nor more than twenty thousand dollars.
SEC. 6. The Board of Examiners shall make a statement, under oath, of the amount of moneys in the county treasury, as found by them after actually counting the same, and said statement shall be published in one newspaper published within the county. Such statement shall also be posted in the office of the County Clerk for public inspection.
SEC. 7. The Board of Supervisors of their respective Treasurer's counties are hereby authorized to increase the bond of the
County Treasurer when in their judgment the safety of the public moneys require it; but in no case shall the bond be increased to more than the greatest amount of money the
Treasurer may have on hand at any time during the year. Compensa- SEC. 8. The Board of Supervisors may allow the said
Board of Examiners such compensation as in their judgment shall be commensurate with the duties imposed upon them by the provisions of this Act.
SEC. 9. A failure on the part of the Board of Examiners to perform the duties required of them by this Act shall be deemed a misdemeanor.
SEC. 10. It shall be the duty of the District Attorney to Attorney's
ascertain and report to the Grand Jury, at every session, whether or not the Board of Examiners have performed their duty as provided by the provisions of this Act; for any failure on his part so to do he shall forfeit five hundred dollars of his salary.
SEC. 11. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.
SEC. 12. This Act shall take effect from and after its passage.
tion of Board.
CHAP. CCLXXXIII.-An Act supplemental to and amendatory
of an Act entitled “ An Act to incorporate the Town of Alameda," and an Act amendatory of said Act, approved March seven, eighteen hundred and seventy-two; approved March eighteen, 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 one of said amendatory Act is hereby Town gove amended to read as follows: Section 1. The government in whom; of said town shall be vested in a Board of five Trustees, an vested. Assessor, who shall act also as Superintendent of Streets, and a Treasurer, who shall also act as Tax Collector of said town. The Justices of the Peace and Constables, elected in and for said townships from time to time, shall perform their respective duties in said town, and shall respectively give effect to all ordinances that may be enacted by the said Board of Trustees, in pursuance of the power given to said Board by this Act, and said Constables, or such other officers as said Board of Trustees may appoint, shall perform all police duty in said town, and shall receive such compensation as may be allowed by said Board. The amount to be paid each policeman shall Police. be left to the discretion of said Board; special police officers may be from time to time appointed by said Board, but the entire sum to be expended for police services shall not exceed eighteen hundred dollars per annum.
SEC. 2. Section two of said amendatory Act is hereby General amended to read as follows: Section 2. The Board of Trus- trustees. tees shall have power:
First-To declare any street now open, or such as may be streets. hereafter opened by any owner of land within said town, to be public streets.
Second-To establish the grade of said streets; to provide same. for the improvement or repair of the same, and for the erection of sidewalks in the manner hereinafter provided, and to provide for watering such streets as shall have been graded, macadamized, or improved.
Third-To provide for the prevention and summary re- Nuisances, moval of all nuisances, and all occupations detrimental to etc. the public health, comfort, or safety; to suppress or regulate all occupations, houses, places, and exhibitions which are against good morals, or contrary to public order and decency; to prevent the appearance of any person on any highway or public place in said town in a state of intoxication; to prevent the discharge of fire-arms, pistols, or cannon, on any wharves or streets of said town, or on private property therein, without the consent of the owner thereof, and to prevent any noise, disorder, or tumult, to the disturbance of the public peace; to punish the violation of all ordinances passed by said Board, pursuant to the provisions of this section, by fine not exceeding two hundred dollars, or by imprisonment in
the Jail of the County of Alameda not exceeding three months.
Fourth-To levy and collect annually a tax not to exceed sixty cents on each one hundred dollars of the assessment valuation of all property, both real and personal, within said town; which said tax shall be divided as follows: For the General Fund, not exceeding twenty-five cents on each one hundred; for the Street Sprinkling Fund, not exceeding ten cents on each one hundred dollars; for the School Fund, not exceeding twenty-five cents on each one hundred dollars. Each of said funds shall be kept separate from any other. All fines collected in said town shall be paid into the School Fund, and said School Fund shall be used only in payment of teachers' salaries, and the necessary expenses of the public schools.
Fifth-To impose and collect a poll-tax, not exceeding two dollars per annum, on each male inhabitant between the ages of twenty-one and sixty, which shall be paid into the School Fund of said town, and no other poll-tax shall be collected in said town.
Sixth-To license, tax, and regulate all lawful trades and occupations, but no license shall be collected from any resident of said
town except by its authority, and for its use. Seventh -- To establish a public pound, and appoint a Pound-keeper, and prescribe his duties, and to provide for the proper care and disposition of all animals impounded ; provided, that the Pound-keeper shall receive for his services, and care of animals only, such fees as by ordinance he may be allowed to collect from the owners, or proceeds of sale of said animals.
Eighth-To pass all ordinances necessary to carry into effect the powers herein granted, but it shall require the affirmative vote of three Town Trustees for the passage of any ordinance, or for the passage of any order or resolution directing the payment of money, and in every case the ayes and noes shall be entered on the minutes of said Board. The style of such ordinance shall be: “The Trustees of the Town of Alameda do ordain as follows." To elect a Clerk of said Board, who shall perform such duties as may be by them required, and to pay him out of the General Fund for his services to said Board, and, as Clerk of the Board of Education, a compensation not to exceed fifty dollars per month.
SEC. 3. Section eight of said Act is hereby amended to read as follows: Section 8. It shall be the duty of the Assessor, within the time fixed by law for the assessment of property in the County of Alameda for State and county purposes, to make a true list of all taxable property within the limits of said town, which list, certified by him, shall, on the first Tuesday in August, be presented by him to the Board of Trustees for Equalization; also to collect the town poll-tax, and personal property tax not sufficiently secured by real estate, at the same time and in the same manner as is provided for the collection of said taxes in the County of Alameda.
SEC. 4. Section four of said amendatory Act is hereby Construction amended so as to read as follows: Section 4. The said Board of sidewalks, of Trustees shall have further power to construct sidewalks in any street in said town, either on one side of said street or on both sides, as is hereinafter provided. Said Board shall by resolution declare its intention to construct a sidewalk on a street, giving its name and designating the point of commencement and termination thereof, and by reference to a general ordinance previously adopted, shall designate the manner in which said work shall be done, and the materials to be used. Such resolution shall be advertised once a week for three weeks; and if at the next regular meeting of said Board, after the time of advertising shall have expired, the owners of one-half of the property intended to be charged with the cost of such sidewalk shall in writing protest against the same, then all proceedings connected therewith shall be discontinued, and no other or further proceedings for the same purpose shall be taken for one year, excepting on petition of said property owners, as provided in section three of said amendatory Act; but if the requisite protest is not made, then the Board shall order said work to be done, and all proceedings in connection therewith, and in assessing and collecting the costs thereof, shall be had and taken as is provided in section three of said amendatory Act. All notices required to be advertised under the provisions of this Act, shall be drawn as concisely as possible, and the advertising thereof shall be given to the paper published in said town that will insert it at the lowest rate.
SEC. 5. Section six of said amendatory Act is hereby Salaries. amended to read as follows: Section 6. The Trustees of said town shall receive no compensation for their services. The Treasurer, for all services that may be required of him, including his duties as Tax Collector, and the Assessor, for all services required of him, including the duties of Superintendent of Streets, shall each receive such compensation as may be fixed by the Board of Trustees; provided, that the salary allowed to each shall not exceed five hundred dollars per annum.
SEC. 6. Section eight of said amendatory Act is hereby contracts, amended so as to read as follows: Section 8. No Trustee, or School Director, or officer shall, by himself, agent, or partner, be directly or indirectly interested in any contract made by or with the said town, or in any purchase or expenditure made by or for the said town; nor shall any such Trustee, or School Director, or officer, by himself, agent, or partner, act as the attorney, agent, or adviser of any contractor for street or other work with said town, or receive from said contractor any fee, reward, or gift; and any violation of the provisions of this section is hereby declared to be a misdemeanor, and on conviction thereof in a Court of competent jurisdiction, the offender shall be punished by a fine not less than two hundred and fifty dollars nor more than one thousand dollars, or by imprisonment in the jail of the County of Alameda not less than six months nor more than