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SEC. 6. In providing for the sale of said bonds, for their redemption before maturity, and in all other cases referred to in this Act, the Common Council shall have the power and authority to reject any or all proposals, and to do and perform such other things concerning the construction of said sewer and the issuance, sale, or redemption of said bonds before maturity, as to it may seem best for the interest of said city

Sec. 7. This Act shall take effect immediately.

CHAP. CCCIV.- An Act to repeal an Act entitled "An Act to

incorporate the Town of Menlo Park, in the County of San Moteo," approved March twenty-third, eighteen hundred and seventy-four.

[Approved March 23, 1876.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. An Act entitled “An Act to incorporate the
Town of Menlo Park, in the County of San Mateo," approved
March twenty-third, eighteen hundred and seventy-four, is
hereby repealed.

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

Repeal.

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

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

CHAP. CCCVII.-An Act to enable the Trustees of Spring School

District, in Los Angeles County, to raise a sufficient sum by taxation to furnish the necessary additional school facilities for said district.

[Approved March 23, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: School Trus

SECTION 1. The Board of Trustees of Spring School Distees to levy trict, in the County of Los Angeles, are hereby authorized

and empowered to levy a tax for school purposes within said district, not exceeding the sum of five thousand dollars in gold coin, exclusive of the expenses of collection.

SEC. 2. To authorize such tax an election must be called, and such other proceedings in all respects had as are required by the provisions of the Political Code in such cases made and provided; provided, however, that section eighteen hundred and thirty-nine of said Code, in reference to the maximum of such taxes, shall not apply to or bind such Trustees; but they may levy as high a percentage on every hundred dollars of assessed value as shall be necessary to produce the said sum of five thousand dollars, together with the cost of assessing and collecting the same.

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

sary.

CHAP. CCCVIII.–An Act to amend section twenty-one of an Act

to provide for establishing, maintaining, and protecting public and private roads in the County of Colusa, California.

[Approved March 23, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. Section twenty-one is hereby amended so as Private to read as follows: Section 21. Any person or persons de- rends.com siring to establish a road for private convenience, and which ties necesis not intended for the benefit of the traveling public generally, may do so by the consent of the parties owning the land affected thereby, but such consent, together with a specified description of the proposed private road, and the conditions in reference to gates, inclosures, or other matters agreed upon, shall be filed with the Board of Supervisors, or their Clerk; and upon filing of such consent and specified description, such road shall be recorded in the road record of the county, and shall become to all purposes a private road for the use of parties interested; provided, that the parties for whose benefit such roads are established shall keep them in repair at their own expense, and may expend the To be kept amount of their poll-tax upon such private roads, and for in repair. such service they shall receive a certificate from the Road Superintendent on the same conditions and for the same purposes as provided for labor on public roads. Whenever any person or persons wishing to establish a private road, and from any cause are unable to obtain the consent of the parties owning the lands affected thereby, the same measures shall be taken, and the same law shall apply thereto, as in the establishment of public roads, except that only one petition shall be necessary; and in the assessment of damages, the Road Viewers shall contemplate the erection of good and sufficient gates, or such other means of protection as the petitioner or petitioners may propose to erect, and the final establishment of such private roads shall be conditioned upon erection and keeping in repair of all such gates or safe

guards provided for, and the payment of all such costs as may have accrued, or such damages as may have been assessed, and every order establishing a private road shall specify the width of such road, which shall not exceed thirtythree feet.

SEC. 2. This Act shall take effect immediately.

CHAP. CCCIX.–An Act to repeal section two of “An Act en

titled an Act to regulate the fees of the County Clerk of Santa Clara County," approved March the second, eighteen hundred and seventy-two.

[Approved March 23, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. Section two of said Act entitled “An Act to regulate the fees of the County Clerk of Santa Clara County," approved March the second, eighteen hundred and seventytwo, is hereby repealed.

SÉC. 2. This Act shall take effect immediately.

Repeal.

CHAP. CCCX.-An Act to prevent hogs and goats running at

large in the Town of Sutter Creek, Amador County.

[Approved March 23, 1876.]

Constables

Sales of animals.

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

Assembly, do enact as follows : SECTION 1. It shall be unlawful for hogs or goats to run at large in the Town of Sutter Creek, Amador County.

SEC. 2. It shall be the duty of the Constables of township to take u. number four, Amador County, to take up all hogs and goats

found running at large within the limits of the town site of the Town of Sutter Creek.

SEC. 3. The Constables shall proceed to sell all such animals taken up under the provisions of this Act, by giving at least five days' public notice of such sale, by posting notices in three public places within the town site where such animals are so taken up; and all moneys arising from such sale

shall, after the expenses of taking up, keeping, and selling Proceeds,

are paid, be paid by the Constable to the owner or owners of how used. the animal or animals, upon demand, if demanded within

thirty days from date of sale; otherwise, it shall, at the expiration of the said thirty days, be paid into the county treasury of Amador County, and be placed to the credit of Sutter Creek School District, and become a part of the fund of said district.

SEC. 4. Any Constable purposely refusing or neglecting Penalty for to take up all hogs or goats running at large within the lim- negleci. its of the town site of Sutter Creek, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten dollars and not more than twenty-five dollars.

SEC. 5. Nothing in this Act shall be construed to prevent persons from driving such animals through any of the public streets or thoroughfares of said town.

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

confirmed.

CHAP. CCCXI.- An Act to legalize the assessment of taxes in
Winship School District, County of Sutter.

[Approved March 23, 1876.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The assessment of taxes upon all property, Assessment both real and personal, in Winship School District, County of Sutter, by the Assessor of said district, and returned to the Trustees as the assessment therein, for the purpose of building a school-house, is hereby legalized and confirmed, and rendered valid and binding both in law and equity, as the legal and proper assessment for said school district, against the persons and property assessed; and no defect or informality in holding the election, or in the levy or assessment, or failure to comply with previous Acts of the Legislature regulating elections or assessments, shall constitute a defense to any action brought to enforce the payment of said taxes.

ŠEC. 2. This Act shall take effect immediately.

CHAP. CCCXII.-An Act to fix the terms of the County and
Probate Courts in and for the County of Amador.

[Approved March 23, 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 and Probate Terms fixed. Courts, in and for the County of Amador, shall be held at the county seat of said county on the third Monday in March, second Monday in August, and first Monday in December, in each year.

SEC. 2. All Acts and parts of Acts, so far as they conflict with this Act, are hereby repealed.

SEC. 3. This Act shall take effect and be in force on the fifteenth day of April, A. D. eighteen hundred and seventy

CHAP. CCCXIII.- An Act entitled an Act amendatory of and

supplementary to an Act entitled an Act authorizing the Board of Trustees of Santa Cruz School District, in Santa Cruz County, to issue bonds to build a public school-house, approved March twentieth (20th), A. D. eighteen hundred and seventy-four (1874).

[Approved March 23, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The official terms of the Assessor and ColAssessor and lector elected under the provisions of said Act shall begin

on the second Monday after their election, and each shall hold office for two years after his election, and until his successor is elected and qualified.

SEC. 2. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 3. This Act shall take effect immediately.

Terms of

CHAP. CCCXIV.-An Act regulating fees and mileage in crim

inal cases in the County of Nevada.

[Approved March 23, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: Mileage and SECTION 1. The Sheriff and Constables in the County of Sheriff and Nevada shall be allowed thirty cents per mile for every mile Constablos. necessarily traveled, in going only, in executing any warrant

of arrest and returning the prisoner before a magistrate, subpæna, or venire, bringing up a prisoner on habeas corpus, taking prisoners before a magistrate, otherwise than on warrant of arrest, or to prison, or for mileage in any criminal case or proceeding; provided, that in serving a subpæna or venire, when two or more jurors or witnesses live in the same direction, but one mileage shall be charged; provided, that nothing in this Act shall be so construed as to allow the Sheriff or Constables mileage for returning a prisoner before a magistrate on executing a warrant of arrest.

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

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