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Funds abolished.

Treasurer, duties of

Auditor, duties of

tion Fund and the Funded Debt Redemption Fund are hereby abolished, and all moneys now in, or which may hereafter come into either of said funds, shall be placed in said Interest and Sinking Fund of eighteen hundred and seventy-two, to be used as in this Act provided, and the Auditor is hereby required to balance said funds and close them. The funds in this section created shall be used only in the manner herein provided, except for the payment of the interest on the bonds issued for the creation of county buildings, as provided in said Act of March twenty-ninth, eighteen hundred and seventy. The Board of Supervisors shall not construe any portion of this section as giving them power to appropriate any of said funds, or to issue any bonds for the construction of any new county buildings, without an Act of the Legislature of this State.

SEC. 6. The County Treasurer may pay out county school moneys upon the warrant of the County School Superintendent, after said warrant has been charged and entered by the Auditor. He must pay all warrants drawn upon him in their numerical order, and must perform all of the duties required by the general laws, not in conflict with this section.

Sec. 7. The Auditor must furnish the Treasurer with a daily list of the warrants drawn on the county treasury, specifying in the said list the date, number, in whose favor, amount, and on what fund drawn. The statement required to be made by section four thousand two hundred and twenty-three of the Political Code must be made on the first Monday of January, April, July, and October of each year, instead of the dates therein mentioned.

SEC. 8. Every claim allowed by the Supervisors shall, after each allowance, be carefully examined by the Auditor to ascertain whether or not it is correct, whether the money is due, and if so, out of what fund it is payable. After such examination, he shall either approve or reject the claim, in whole or in part, and indorse over his signature his action thereon, and shall also make the record required by law. If he rejects the claim or any part of it, unless the party presenting it is willing to take the sum approved in full for the entire demand, he shall return it, with his reasons in writing for rejecting it, to the Board of Supervisors, when, if it is allowed by the vote of all the members, it shall be paid in the same manner and in the same order as if it had not been rejected. No claim which has been rejected by the Auditor, and on its final passage fails to receive the vote of all the members of the Board of Supervisors, shall ever again be considered by the Supervisors or the Auditor.

SEC. 9. No claim on the treasury shall be allowed by the Board of Supervisors, or be approved by the Auditor, in favor of any person or his assigns having the care, collection, custody, or disbursement of any public moneys, who withholds any part thereof, nor in favor of any officer who neglects to make his official returns or reports, as required by law, or any order or regulation of the Supervisors, nor of any officer who, after notice from the Board of Supervisors, fails, neglects,


Claims against county.

or refuses to comply with the provisions of any law, or legal order, or ordinance made by the Supervisors.

SEC. 10. The office of County Recorder of the County of Recorder to San Diego is hereby separated from the office of County Clerk be Auditor. of said county. The County Recorder shall be ex officio County Auditor, and before entering upon the duties of his said office he shall take the official oath and file the bonds required by law.

SEC. 11. Whenever the Board of Supervisors deem it Rond Viewnecessary, after being petitioned thereto by the residents of “r, salary of. any road district to lay out, alter, or establish any public highway, the County Surveyor and no other person shall be appointed Road Viewer; should he from any cause be unable to act, then some other competent civil engineer shall be appointed Road Viewer. The Road Viewer must perform the duties required of Road Viewers by the general laws. The Road Viewer, as such, shall receive the sum of five dollars per day, to be paid out of the Road Fund, for each and every day actually employed by him in viewing any road.

SEC. 13. No property belonging to the county shall be leases, leased for a longer period than two years, nor shall any ing, etc.?"

public printproperty belonging to other parties be leased for the use of the county for a longer period than two years. No contract or agreement shall be entered into or made with any person or persons for doing the county or public printing without first advertising for sealed proposals, in some newspaper published in the County of San Diego, for not less than ten days nor more than twenty days if in a daily, or not less than three weeks nor more than five weeks if in a weekly paper. The said sealed proposals shall not be opened until the Board of Supervisors organize for business, and then it shall be the duty of the Chairman of the Board to open the said sealed proposals in the presence of the members of the Board and bidders, and it is hereby made the duty of the said Board to make the award for doing said printing to the lowest responsible bidder, at the same meeting and before adjournment or taking a recess; said award not to exceed the sum of one thousand dollars per annum. All stationery and books Stationery. required by the county for the use of the county officers for county purposes must be furnished upon contract in the same manner. No Board of Supervisors shall make any contract for any purpose extending beyond their term of office.

SEC. 13. The fiscal year shall commence on the first day Fiscal year. of July in each year, and end on the thirtieth day of June in the year following. At the close of each fiscal year the Auditor shall furnish the Board of Supervisors with a list of all warrants drawn by him upon the treasury which have remained in his office uncalled for by the persons entitled to the same for a period of one year. The Supervisors shall order said warrants to be canceled, and the Treasurer to be notified of the same. All canceled or redeemed warrants or bonds shall be safely kept by the Auditor. Sec. 14. No receipts for money paid or purporting to be validity of

Official bonds.

Clerk as
and Auditor.

Coroner to report to Auditor,

paid into the county treasury or to the Treasurer, except the certificate of the Auditor, shall be valid for any purpose whatever, except as between the county and the Treasurer ; nor shall any other receipt be used in evidence in any case or for any purpose, excepting in an action by the county against the Treasurer or his bondsmen. This section shall be written or printed on the receipt furnished by the Auditor.

SEC. 15. All moneys derived from any source for which a fund is not specially provided in this Act shall be paid into the Contingent Fund of the county, except the moneys derived from the sale of licenses, which shall be paid into the County Hospital Fund.

SEC. 16. The Board of Supervisors shall fix the amount of the bonds for all county, district, and township officers.

SEC. 17. Until the next general election in eighteen hundred and seventy-seven, and until their successors are elected and qualified under the provisions of this Act, the Board of Supervisors of San Diego County shall consist of five members, as at present composed.

SEC. 18. Until the general election in eighteen hundred and seventy-seven, and until the Recorder is duly elected and qualified as provided for in this Act, the County Clerk shall perform all the duties of Recorder and ex officio Auditor of the County of San Diego.

SEC. 19. "This Act shall not be construed to alter or in any manner affect the compensation or term of office of any of the present officers of San Diego County.

SEC. 20. The Coroner and ex officio Public Administrator mentioned in this Act must, on the first Monday of each month, make out and file with the County Auditor a full and accurate transcript from his books of the entries for the preceding month, with an affidavit attached thereto, and by him subscribed and sworn to as follows: I, Coroner and es officio Public Administrator of the County of San Diego, do solemnly swear that the entire fees, mileage, compensation, commissions, percentage, or payments for all services rendered by me, or my deputies, or persons connected with my office, for me, have been returned by me in detail in this fee-book of my office, and added up, and the amount thereof is the full amount received or charged since the last par. ment, and that neither myself, nor to my knowledge any deputy for me has rendered any service for which fees or mileage are chargeable and payable to the county, which is not rendered in the fee-book and added up to make the sum paid to the Treasurer. Both the Treasurer's receipt and the affidavit named in this section shall be written on the face of the fee-book, following the records of the fees for the month. The fees receivable by the officer named in this section must be paid in advance; and it is hereby made the duty of said officer to collect all fees in advance, and if the Coroner shall credit any person for fees, percentage, and commissions for any service rendered in the discharge of his official duties, does so at his own risk, and the same shall be entered in the fee-book, and paid over the same as if it had not been credited.

Sec. 21. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 22. This Act shall take effect and be in force on the first day of April, eighteen hundred and seventy-six, A. D.

CHAP. CCCXCIX.-An Act to provide for the opening and

extending of Leidesdorf Street, in the City and County of San Francisco.

[Approved March 30, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. It shall be the duty of E. L. Sullivan, Howard CommisChapman, and Cornelius O'Connor, the Commissioners here- sioners may tofore appointed by the Board of Supervisors of the City and report. County of San Francisco, in the proceedings had by said Board for the opening and extending of Leidesdorff Street from a point one hundred and thirty-seven and one-half feet south of California Street to the north line of Pine Street, in said city and county, within thirty days from the passage of this Act, to file with the Clerk of the County Court of said city and county their report, in writing, heretofore made and filed by them with the Clerk of said Board of Supervisors; and to that end it is hereby made the duty of said Clerk of said Board of Supervisors, or any other person having possession thereof, to deliver said report to said Commissioners, and said Commissioners are hereby authorized and empowered to change or modify said report at any time before the filing of the same with the Clerk of said County Court, in such particulars as they shall see fit or proper; provided, that said Leidesdorff Street shall have a uniform width from said California to Pine Street.

SEC. 2. It shall be the duty of said Commissioners, imme- Notice of diately upon the filing of said report aforesaid with said Clerk filing report of the County Court, to give notice by publication, in at least two newspapers printed and published in said city and county, for ten days, daily, that said report has been filed with said Clerk of the County Court, and that any owner of property affected by said report, feeling aggrieved by or objecting to said report, may file in said County Court his objections, in writing, thereto, at any time within twenty days after the first publication of said notice, definitely stating therein the character of such objection.

SEC. 3. The said County Court shall take jurisdiction of County all matters pertaining to said report and objections made Court to thereto, and shall hear and determine, within thirty days diction. after the filing thereof, all objections to the same, if made and filed within the time and in the manner prescribed in this Act; and may make such orders and decrees in said matter as to it shall seem just and equitable, and to that end may hear testimony and pass upon all the questions arising in

Order ratified.





to city.

said proceedings; provided, however, that all orders and resolutions heretofore passed by said Board of Supervisors of the City and County of San Francisco for the opening of said street, appointing said Commissioners, and other matters relating thereto, except so far as such orders relate to the manner of appeal to the County Court, and providing for a

trial therein, are hereby ratified and confirmed. Decision, SEC. 4. At any time within twenty days after the decision

of the said County Court in any matter pertaining to the opening of said street, any party in interest who has filed objections to said report, or the said city and county, by said Commissioners may appeal to the Supreme Court of this State from such decision; and if no such appeal shall be taken within the time above prescribed, then the decision of said County Court shall be final. On such appeal, the practice prescribed by law in this State for appeals from the District Courts to the Supreme Court shall be followed, so far as the same is applicable, and except as herein otherwise provided; provided, however, that if no objections shall be made to the said report so made and filed by said Commissioners within the time prescribed in this Act, then the same shall be deemed final, and no hearing shall be had thereon by the said Court, except that said report shall, by the order of said Court, duly made and entered, be ratified, approved, and confirmed.

SEC. 5. Upon the confirmation of said report of said Comtom of report missioners, the said County Court shall enter an order that

the City and County of San Francisco shall be entitled to take the lands and tenements specified in the report of such Commissioners, as necessary for the making of such public improvement, on paying the amount of damages assessed to the owners and occupants thereof in such report, and where any damages shall be awarded and any assessments for benefits of the improvements, in respect to which such damages are awarded, shall be made upon the same person or persons, or in respect to the ownership of any entire parcel of land, a part of which shall be taken for such improvements, in that case the said City and County of San Francisco shall become vested with the title of such lands (free from all incumbrances), upon paying or depositing, according to law, the amount of the difference between the sums of money so awarded and assessed.

SEC. 6. Whenever the amount of any damages for taking the lands described in the orders and resolutions heretofore passed by the Supervisors of said City and County of San Francisco shall be finally ascertained and fixed by said report of said Commissioners, duly confirmed by order or decree of said County Court, as aforesaid, or by confirmation thereof by the Supreme Court, it shall be the duty of the said Board of Supervisors to cause the said damages and other expenses of said improvement to be collected upon the said report or assessment roll, as aforesaid, and for that purpose said Board of Supervisors of said City and County of San Francisco shall have full power, and it shall be its duty to pass all necessary resolutions or orders providing for the

Collection of damages.

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