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the purpose of taking advantage of any provision of this Act, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than twenty-five nor more than three hundred dollars, or be imprisoned in the County Jail not less than ten nor more than sixty days.

SEC. 13. The owner or occupant of any lands, whether action for inclosed or not, upon which damage has been done by any damages. of the animals referred to in section one hereof, may, instead of pursuing the remedy given in this Act, have an action for damages in any Court of competent jurisdiction against the owner of such animals.

SEC. 14. If the owner or occupant of land intends to institute proceedings under the preceding section, he must first, within ten days after the damage has been done, cause the same to be viewed and estimated, and the estimate reduced to writing by two residents of the county, competent to be witnesses on the trial of such actions, and he shall commence his action within two months after the damage was done.

SEC. 15. Any animal or animals sold under the provisions of this Act shall not be removed from the county until after the expiration of the time given for redemption in section eight hereof.

SEC. 16. This Act shall take effect on and after the first day of September, A. D. eighteen hundred and seventy-six.

same.

issued.

CHAP. CCCXCV.-An Act to authorize the Mayor and Common

Council of Salinas City to build a school-house in said city, to issue bonds therefor, and to provide for the payment of the

(Approved March 29, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The Mayor and Common Council of Salinas Bonds to be City are hereby authorized and empowered to issue the bonds of said city, for an amount not exceeding ten (10) thousand dollars, bearing interest at the rate of seven per cent. per annum. Coupons for semi-annual interest shall be attached to each bond, and said bond and coupons shall be signed by the Mayor, and countersigned by the City Treasurer and City Clerk of said city.

SEC. 2. The money arising from the sale of said bonds Proceeds, shall be used for the building of a school-house or houses how applied. in said city, and furnishing said house or houses with the proper school furniture, apparatus, and outfit, so as to be made most efficient for school purposes under the general school laws of this State.

SEC. 3. The bonds authorized to be issued by the provis- Bouds, when ions of this Act shall be due and payable in gold coin of the payable.

Cancellation.

Special

United States, at Salinas City Bank, on the first day of July, one thousand eight hundred and ninety-four; provided, that the Mayor and Common Council of said city shall have power, and they are hereby authorized to redeem said bonds before their maturity, as hereinafter provided. The interest on said bonds shall be due and payable in gold coin of the United States, on the first days of January and July, in each year, at the Salinas City Bank.

SEC. 4. All coupons for interest, when paid, shall have the word canceled written across the face of the same, with the date of said payment, by the City Treasurer, who shall deliver them to City Clerk, taking his receipt therefor. Said City Clerk shall file and preserve such coupons, and upon the books of his office record the transaction.

Sec. 5. For the purpose of paying the interest on the interest tax. bonds authorized to be issued by this Act, the Mayor and

Common Council, at the time of levying city taxes in each year, shall levy a special tax on the taxable property in said city sufficient to pay interest on the bonds outstanding, as said interest falls due. Said taxes shall be assessed and col. lected in the same manner as other city taxes, and by the City Treasurer set apart as a special fund to be known as the Salinas City School Building Fund, and it shall be the duty of the City Treasurer to pay said coupons out of said fund, as the same shall fall due.

SEC. 6. If the special tax authorized by section five of this Act shall be insufficient to pay all the interest due in any one year, then the City Treasurer shall pay the same out of the General City Fund, and he shall retain on hand suffi

cient of such fund to meet such payments. Redemption SEC. 7. In and for the year eighteen hundred and eighty,

and annually thereafter until all of said bonds are redeemed, the Mayor and Common Council of said city shall levy and cause to be collected annually, a tax sufficient to pay ten per cent. on the amount of said bonds. The tax to be levied and collected under the provisions of this section shall be assessed and collected as other city taxes, and by the City Treasurer set apart as a special fund to be known as the Salinas City

School Building Fund. Notice of SEC. 8. Whenever there is in said Redemption Fund the redemption.

sum of one thousand dollars or over, the City Treasurer shall advertise in some newspaper printed in Salinas City, once a week for four consecutive weeks, that he is prepared to receive proposals for the redemption of an amount of said bonds

equal to the money in said fund, specifying the time and Proposals. place for opening said proposals. Said proposals shall be

opened publicly, in the presence of the Mayor and City Clerk; provided, that no bid above par value shall be considered, and the bonds shall accompany all bids. In case of the proposals for the surrender of said bonds, at par value or less, should not absorb the whole amount in said Redemption Fund, then the City Treasurer shall advertise in the same manner as provided for in this section for advertising for proposals for redemption of bonds, that he is prepared to redeem, at par value, a certain amount of said bonds, in the

tax.

bonds.

numerical order in which they were issued, stating the numbers. The interest upon the bonds so advertised by the City Treasurer to be redeemed shall cease from and after the date of said advertisement. On the redemption of any of the said bonds, the City Treasurer shall cancel the same by writing across the face the word paid, with the date of redemption and the amount paid, and also sign said statement, deliver said bonds, and any coupons that may be thereto attached, to the City Clerk, taking his receipt for the same; and the City Clerk shall file said bonds and coupons in his office, and make a record of the same.

SEC. 9. Before the sale of any of said bonds, the Mayor Sale of and Common Council shall, at a regular meeting, cause to be entered upon the record of the Council an order directing the sale of a specified amount of bonds, and shall cause to be inserted in a newspaper published in Salinas City, a notice that sealed proposals will be received by the Mayor and Common Council for the purchase of said bonds. Said notice to be published once a week for four successive weeks, and shall state the time and place for the opening of said proposals. At the time and place named in said notice, the Mayor and Common Council shall publicly open said proposals and award the purchase of said bonds to the highest responsible bidder; provided, that said Mayor and Common Council may reject any and all bids; and provided further, that no bond shall be sold for less than ninety-five cents on the dollar, par . value; and provided, that nothing but gold coin of the United States shall be received for said bonds.

Sec. 10. A full and complete record shall be kept by the Record. Mayor and Common Council of the number, date, and amount of each bond, and all proceedings relating thereto.

SEC. 11. The proceeds of the sale of said bonds shall be paid into the city treasury, and used only for the purposes mentioned in this Act.

SEC. 12. The Mayor and Common Council are hereby authorized to pay out of the moneys arising from the sale of said bonds the necessary expenses attending the preparation, advertisement, and sale of said bonds.

SEC. 13. This Act shall take effect immediately.

CHAP. CCCXCVI.- An Act concerning water ditches and water privileges for irrigating, mining, and manufacturing purposes, in the Counties of Fresno, Tulare, and Kern.

[Approved March 29, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follou's : SECTION 1. The Board of Supervisors of the Counties of Water ComFresno, Tulare, and Kern, are hereby made ex officio Water missioners. Commissioners in and for said counties; they shall have the power and shall perform the duties hereinafter set forth.

Duties.

Right of way; damages.

SEC. 2. They shall procure a suitable book, and their Clerk shall keep therein a full record of all their official acts as such Water Commissioners, which shall be open to the inspection of any citizen.

SEC. 3. No ditch shall hereafter be taken out of any stream in the waters of which different persons have an interest by virtue of prior appropriation, without leave of said Commis

sioners. Petitions for SEC. 4. Any person or persons desiring to construct a use of water. ditch and appropriate water for irrigation, manufacturing, or

mining purposes, shall file a petition with said Commissioners, setting forth the stream from which they intend to take the water, the point where the proposed ditch will commence its general course, and the proposed size thereof; whereupon the said Commissioners may grant the right to construct said ditch, and to use water sufficient to fill the same, for the uses and purposes set forth in said petition; provided, that nothing herein contained shall be so construed as to affect the right and privileges of those who, by prior appropriation and by actual use, have secured the right to the use of water from the several rivers and streams of Fresno, Tulare, and Kern Counties.

SEC. 5. Said Commissioners shall have power to grant the right of way to lay out and construct ditches through any lands in said counties, and any person damaged thereby, or by the water of any ditch, shall be entitled to such compensation as may be agreed upon between the parties interested; and in case the parties cannot agree, each party shall choose an arbitrator, and the two chosen shall choose a third; and such arbitrators shall assess the damages sustained under oath, which sum shall be paid before the ditch is constructed, by the parties using the water, in proportion to their several interests therein; and the decision of said arbitrators shall have the force and effect of a judicial decision; provided, that in case any of the parties herein shall refuse to choose an arbitrator, then the parties desiring the right of way may apply to the District Court of such county and have such right of way condemned under Title Seven, Part Three of the Code of Civil Procedure; and in all cases when the right of way to construct ditches, and fill the same with water, the right to fix maximum rates to be charged by ditch owners for water per inch is expressly reserved to such Board.

SEC. 6. The owners of water ditches may make such rules and regulations for the government of their several companies, not repugnant to the Constitution and laws of the State of California, as a majority of them may deem just and proper, and elect such officers for the transaction of their business as they may require; provided, that in all meetings of water ditch companies each owner shall be entitled to a vote in proportion to his or her interest therein.

SEC. 7. All water ditches shall be kept in good repair by the owners thereof; and any member of the said Board of Commissioners shall have power to close or authorize any other person to close and shut off the water from any ditch not in good repair; and any person opening or turning in

Misdemeanor.

the water into such ditch before the same is repaired shall be deemed guilty of a misdemeanor. SEC. 8. When any ditch shall break so as to cause a loss Action for

damages. or wastage of water, or shall overflow its banks, any person shall have a right to notify, either verbally or in writing, any owner in the said ditch; and if the said ditch is not repaired within forty-eight hours after the time when such notice is given, then any person shall have the right to repair said ditch, and shall have the right of action to recover in any Court of competent jurisdiction, from the owners of said ditch, or any of them, double the cost of suit.

SEC. 9. Whenever a majority in interest of the owners in Extension of any ditch company, or their authorized agent, shall deem it ditches, etc. necessary to repair, enlarge, or extend their ditch, they shall owners. cause a notice, either written or verbal, to be served upon each owner therein, specifying a time to commence work therein; and any owner therein neglecting or refusing to perform his proportion of such labor, or pay his proportion of the cost thereof, shall forfeit his right to the use of any water from such ditch until such time as he pays the same to the person or persons performing his proportion of such labor, together with ten per cent. per month thereon additional. The number of hours constituting a day's labor, and the value thereof, shall be determined by the respective water ditch companies in the rules and regulations they may severally adopt. Leaving the notice contemplated in this section at the residence of any owner in a ditch company, with any member of his or her family over the age of fifteen years, shall be deemed a sufficient service for the purposes of this Act. Every person owning an interest in any water ditch, or owning any interest in the use of the water therein, shall be considered a member of such water ditch company.

Sec. 10. The Board of Water Commissioners of the said counties are hereby authorized to fix by order, and make a sioners to fix record of the same, in a book kept for that purpose, the maximum rate to be charged by ditch owners for water, per inch, for irrigation, manufacturing, or mining purposes, which rate shall apply to ditches heretofore as well as to those hereafter constructed, whether under and by virtue of this Act or any previous law of this State.

SEC. 11. All Acts and parts of Acts, so far as they conflict with the provisions of this Act in the counties herein named, are hereby repealed.

SEC. 12. This Act shall take effect and be in force from and after its passage.

Commis

rates.

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