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that such assessment is due and payable, and, if remaining unpaid for thirty days from the date of the first publication of notice, will become delinquent. The notice shall be published for at least eight days, and on at least two different days of publication shall state the hours during which, and the place where, payment will be received by the Treasurer. When any payment shall be made, he shall write the word * paid” against such amounts. At the end of the thirtieth day he shall declare all assessments unpaid to be delinquent, by an entry in writing at the foot of the roll, signed by him, and shall return such delinquent list to the Clerk of the Board The Board shall thereupon direct that the Town Attorney Attorney to proceed by action to collect such delinquent assessments in collect. the name of the corporation, and against the several lots or pieces of property and the owners thereof.
SEC. 29. Such action shall be brought in the District Action, how Court in and for Napa County, in the same manner and brought. with like effect as actions for the collection of delinquent taxes, as provided for in section thirteen, fourteen, fifteen, and sixteen, which are hereby expressly made applicable to suits for delinquent assessments; and provided further, that the complaint in such action may be as follows: State of California, County of Napa. In the District Court of the Seventh Judicial District, in and for the County of Napa. The Town of St. Helena vs. A. B., and the following described real estate, fronting on — street, in the Town of St. Helena. (Description of property.) The Town of St. Helena, by C. D., Town Attorney, complains of A. B. and the said real estate, defendants herein, and for cause of action says, that heretofore, to wit: on the day of —, A. D. the said A. B. was the owner of the premises aforesaid, and on said day E. F., being the Assessor of said town, did return to the Board of Trustees an assessment list of lots and pieces of land fronting on (here insert street, avenue, or alley, or portion thereof), chargeable with the costs of certain improvements (or work) ordered to be done by said Board, which said assessment was approved by the Board and certified to be correct by the President thereof. That upon the said described real estate, so owned by said A. B., there was duly charged upon said assessment, for said work (or improvement), the sum of dollars, gold or silver coin of the United States, which was duly levied upon and became a lien upon the premises on the day of —, A. D. That said sum is now due and delinquent and charged upon said land. Wherefore, plaintiff prays judgment against the said real estate for the sum of - dollars, and for all costs subsequent to said assessment, and costs of the suit, including an attorney's fee as prescribed by law, and for the sale of said real estate, or so much as may be necessary to pay said judgment, and for such further relief as may be just. Ĉ. D., Attorney of St. Helena.
Sec. 30. All moneys collected by the Treasurer or Town Payments to Attorney on such assessment shall be placed in the treasury to the credit of such improvements or work, designating it by number, as Improvement No. —; and upon the com
Grades, sewers, etc.
pletion and acceptance thereof, the Board shall order said money paid to the contractor; and the President of the Board shall, at the same time, draw a warrant in favor of such contractor upon such fund, for the full amount due from the property assessed.
Sec. 31. The Board of Trustees may at any time, without petition, provide for establishing grades, and for constructing and laying down drains, sewers, and culverts, and for repairing streets, avenues, and alleys, or portions thereof, so as to render them susceptible of convenient use; and shall proceed in assessing the expenses of such work upon the property chargeable therewith, as hereinbefore provided, and in enforcing the same in the same manner as in cases of assessments made upon petition; provided, that if the Trustees should decide to widen any street as above provided, any property holder on the said street who may be affected by such action of the Board of Trustees, may, in writing, petition the Board for the appointment of three Commissioners to examine and report on the said projected improvement. The Board shall immediately appoint three disinterested property holders to act as Street Commissioners, who shall immediately proceed to pass judgment upon the effect of the said improvement on the property of said
petitioner. If, in their opinion, the said petitioner shall Street Com- sustain damages by the contemplated action of the Board,
they shall report the amount of such damages, and the Board shall tender full payment of the amount before commencing said improvement. The decision of the said Commissioners shall be final, and the party petitioning shall forfeit all right to recover damages if he shall refuse the sum tendered.
SEC. 32. Whenever special Commissioners are appointed, by direction of the Town Trustees, to view the proposed location of a new street, or the widening of a street, it shall be their duty to assess and appraise benefits as well as damages. Said especial Commissioners shall return a written report of the performance of their duties, and the indorsement of their decision by the Board of Trustees shall be final.
Sec. 33. The taxes, assessments, penalties, forfeitures, fines, salaries, fees, costs, and moneys herein provided to be paid, shall be payable exclusively in gold and silver coin.
Sec. 34. The revenue year shall be deemed to commence on the first Monday in March in each year, and the taxes levied by the Board of Trustees in each year upon real and personal property shall become a lien upon the real estate of the owner on said day, and continue a lien thereon until paid.
SEC. 35. The revenue and income of the town of each how applied.
year shall be devoted exclusively to the payment of liabilities and expenses of that year; and the Board shall not create, allow, audit, nor permit to accrue any debts or liabilities above the actual revenue for the current year; and every liability assumed, claim audited or allowed, or warrant drawn in excess of the annual income, shall be void; provided, that any money remaining in the treasury unap
, A. D.
propriated at the end of the year may be applied to the expenditures of the succeeding year.
SEC. 36. The style of all town ordinances shall be as fol- style of lows: "The Board of Trustees of the Town of St. Helena do ordinances. hereby ordain as follows." All ordinances shall be signed as nearly as may be in the following form, viz: “In Board of Trustees finally passed this — day of Attest: A. B., Clerk. C. D., President of the Board of Trustees;" and all ordinances so authenticated shall be recorded by the Town Clerk in a book to be kept for that purpose.
SEC. 37. All moneys paid into the town treasury shall be expended and paid out as hereinbefore provided in this Act.
SEC. 38. All taxes levied upon property or persons within Taxes to be the limits of the corporation for road purposes, under the predstur laws of the County of Napa, except such taxes as may be levied for the contingent road fund and to pay off existing indebtedness, shall be paid by the Tax Collector of the county into the town treasury, at the same time as is required by law for payment of other taxes into the county treasury; and he shall take the receipt of the Town Treasurer and file the same with the County Auditor, who shall credit the Collector with the amount thereof.
SEC. 39. All moneys collected for and accruing from the Improvecollection of road poll-tax within the corporate limits of the ment Fund. town, shall be kept in a separate fund, and be used exclusively for the improvement and repairing of the streets in said town, except as hereinafter provided.
SEC. 40. Of the moneys collected for road poll-taxes within Same. the corporate limits of the town, the Board of Trustees thereof are hereby authorized to expend annually such sum as, in their judgment, may be necessary (not exceeding onehalf of the said taxes) for the improvement and maintenance of the Howell Mountain Road, leading from St. Helena to Pope Valley, between the summit and St. Helena; all the work for which money is paid as above, to be done under the direction and control of the Trustees of said town.
SEC. 41. The Board of Trustees shall have power to Trustees to appoint the Town Attorney, a Stove-pipe Inspector, a Clerk, mint and such other officers as may be necessary to carry out the provisions of the above Act, and to allow a reasonable compensation for the services performed, except in case of the Town Attorney, whose fees shall be as hereinbefore provided.
SEC. 42. The following-named persons, to wit: J. I. Logan, H. A. Pettit, and W. T. Simmons, are hereby constituted a Board of Election, to call and provide for the first municipal election in said town, for the second Monday in April, eighteen hundred and seventy-six, and give five days' notice thereof.
SEC. 43. This Act shall take effect and be in full force from and after its passage.
CHAP. CCCXXX.–An Act to protect agriculture and to pre
vent the trespassing of animals upon private property in the County of San Diego.
[Approved March 24, 1876.] 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 possessory claim, finding any horse, mare, colt, mule, jack, jennet, hog, goat, sheep, 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 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 such animal or animals, the following-named sums: For each horse, mare, colt, mule, jack, jenny, or horned cattle, the sum of twenty cents per day; for each hog, the sum of ten cents per day; and for each sheep or goat, the sum of five cents per day; provided, that the owner or owners of such animal or animals shall be entitled to the possession of the same by proving property, and giving security for the payment of damages charged, and such charges and fees which may accrue.
SEC. 2. When the owner or owners of animals taken up are known, and said owner or owners reside in or near the township, they shall be personally notified, or 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 reason therefor, shall be served by depositing the same, postage paid, in the nearest post-office, directed to the owner at a post-office at or near 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 reasonably ascertained, and stating the cause of detention, shall be posted conspicuously in three public places in the township, and a copy delivered to the Justice of the Peace of said township, and if there be no Justice in said township, then with the nearest Justice in an adjoining township.
SEC. 3. At the expiration of ten days, if the animal or animals have not been applied for, or if they have, and the parties do not agree on the amount of damages and compensation, the taker up, when the damages and compensation claimed for taking up and keeping 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 or owners 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 actually sustained the damages claimed; and if there be no Justice
Damages, action for
in said township, then he shall file his complaint with a Justice of the Peace in the nearest township.
SEC. 4. When the owner is known, the action shall be Action, how against such owner or owners, and the summons shall be served and returned as in other actions; when the owner 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 action 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 proven by the testimony of one or more creditable witnesses. If judgment be in favor of 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 damages as may be awarded by the Court. The officer selling property under this Act shall give Sale of ani a bill of sale to the purchaser, describing the animal or ani- mals, overmals sold, the price paid therefor, and stating that it or they money. 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 owner or owners of the animals sold, if demanded within three months from the date of sale, otherwise it shall be, at the expiration of three · months, paid into the county treasury for the benefit of the County School Fund.
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, demand and shall be entitled to the possession of such animal or animals, upon making satisfactory proof of ownership, and paying his or their proportion of damages, charges, and fees, and after the sale may, at any time within three months, redeem said animal or animals, upon making proof of ownership, and paying the purchaser the amount of purchase money, with ten per cent. added thereto, and expense of keeping at the rate of one dollar and fifty cents per month per head for hogs, and seventy-five cents per month per head for sheep and goats, and three dollars per month per head for all other animals.
SEC. 6. The Justice of the Peace shall make record in Justice's his docket of all animals sold under the provisions of this Act, which shall be open to inspection, which record 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 if said surplus money shall be received by the owner, he shall receipt for it on the margin of the docket.
SEC. 7. The fees of the Justice and Constable for services Fees.