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said county in section six of the Act to which this Act is amendatory and supplementary. The Commissioners shall pay over to the County Treasurer of their respective counties the sums so apportioned, which shall be set apart by the said counties for the payment of the principal and interest of said assumed indebtedness of Klamath County.

actions,

County.

SEC. 6. All suits and proceedings, of whatever kind or Transfer of nature, now or at any time pending in the District, County, records, etc., or Probate Courts of Klamath County, and all suits, judg- to Humboldt ments, orders, and proceedings, of whatever kind or nature, heretofore at any time had or determined in or by any of said Courts, which have not been already transferred to some other county, are hereby transferred to the appropriate Courts of Humboldt County, which last-named Courts shall have the same and as ample jurisdiction thereof as if such suits and proceedings had been originally commenced and such judgments and orders had been originally made in said Courts; and all of the records of said Courts not heretofore transferred to some other Court, shall be delivered to the County Clerk of Humboldt County by the present custodians thereof; and the Clerk of Humboldt County shall have the same power and perform the same duties touching all suits, judgments, orders, and proceedings originally had in said Courts of Humboldt County.

of Klamath.

SEC. 7. The Board of Supervisors of Humboldt County Allowance and the Board of Supervisors of Siskiyou County shall allow J. to Assessor Nally, the Assessor of Klamath County, such sums as he shall be entitled to for services performed in assessing the territory of Klamath County, during the years A. D. eighteen hundred and seventy-four and five, and the Commissioners herein provided for shall certify to their respective Boards of Supervisors such amount as, in their judgment, they shall find the said Assessor entitled to; provided, that the sums so allowed by the said Board of Supervisors shall not exceed in the aggregate the salary allowed by law to said Assessors for

any one year.

SEC. 8. The said Commissioners are hereby authorized and fully empowered to do all acts necessary to carry into effect the provisions of this Act, and the Act to which this is supplementary and amendatory.

of Humboldt

SEC. 9. Section seven of the Act to which this is amend- Supervisors atory and supplementary is amended to read as follows: and Siskiyou Section 7. The Board of Supervisors of Humboldt, and the to levy tax. Board of Supervisors of Siskiyou, each is hereby authorized to levy a tax upon the taxable property of the county, not exceeding ten cents nor less than five cents on each one hundred dollars value per annum, for the purpose of paying the indebtedness assumed under this Act. The said tax shall be assessed, levied, and collected at the same time, in the same manner, and by the same officers as other county taxes are assessed, levied, and collected. The funds raised by such tax shall be set apart and used by said respective Boards of Supervisors only for the payment of the principal and interest of said assumed indebtedness.

SEC. 10. All provisions in the Act to which this is amend

atory and supplementary, in conflict with the provisions of this Act, are hereby repealed, so far as they are in conflict. SEC. 11. This Act shall take effect from and after its passage.

Alteration

notice of.

CHAP. CCCCXXXI.-An Act to amend an Act entitled "An Act concerning roads and highways in the County of Santa Clara," approved March eighteenth, eighteen hundred and seventy-four.

[Approved March 31, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section six of said Act is hereby amended to and location, read as follows: Section 6. Any person or persons proposing to apply for the location, alteration, or vacation of any road or highway, shall give notice of such intention by posting at least three notices in public or conspicuous places along the line of the road or highway proposed to be located, altered, or vacated, one of which shall be posted at each terminus, and one such notice shall be posted at the door of the Court-house in which the Board of Supervisors of said county hold their meetings, at least twenty days previous to the time of making such application, and in such notice shall be set forth, with reasonable certainty, the place of beginning, the terminus, and a general description of the proposed route, and the time at which the application will be made.

Supervisors

to appoint

SEC. 2. Section ten of said Act is hereby amended to read Viewers. as follows: Section 10. Upon filing the undertaking herein provided for, and proof of the giving the notices required in this Act, and at the time specified in the notice for hearing said application, the Board of Supervisors shall appoint as Road Viewers three citizens of the county, as follows: One from their own number, one a practical surveyor, and one disinterested person from the body of the county; and shall place in the hands of such Road Viewers the petition for the road which they are to view, and all applications for damages in the premises. Upon a day named by the Supervisors, or within five days thereof, and after taking severally an oath to perform faithfully the duties devolving upon them as Road Duties and Viewers, they shall proceed to view the proposed location, alteration, or vacation, and shall decide whether the same is required for public convenience, taking into consideration private as well [as] public interests. If, in the opinion of the Viewers, the prayer of the petitioners is reasonable, and the location, alteration, or vacation is necessary, they shall take to their assistance two chainmen and a marker, who shall be sworn by the Road Viewers, or some one of them, to faithfully discharge their duties as chainmen and marker, and shall proceed to survey the proposed location or alteration, and shall distinctly mark the commencement, the courses, distances, and termination of said route. The Road Viewers shall

powers of Viewers.

have power and authority to make a departure from the line
of road as prayed for in the petition, whenever, in their judg-
ment, it would be to the public interest so to do, from any
cause whatever. The surveyor shall make a plat and field
notes of said survey or surveys, when more than one route is
surveyed, which shall be filed as a part of the report of said
Viewers. On or before the first day of the regular meeting of Report of
the Board of Supervisiors next after that at which such Road Viewers, to
Viewers were appointed, or on or before such day as the Board
of Supervisors may name, the Viewers shall file with the Clerk
of the Board of Supervisors a report of their proceedings, in
which they shall set forth:

First-Who of them were present at the view.
Second-That they were sworn.

Third-Whether such location, alteration, or vacation is or is not advisable, or whether any departure from the line, as proposed by the petitioners, is necessary, and the reasons that render such departure necessary, if they conclude to recommend any departure.

Fourth-A plat and field notes of the survey or surveys, if two be made, which shall indicate the lines of inclosures and possessions cut or touched by the projected road or alterations of road. Not more than one survey and plat shall be made, unless the Viewers shall deem a departure from the line prayed for to be necessary.

Fifth-The expenses of the view and survey.

Sixth-The amount of damages sustained, separately, by each and every person owning, or having any right, title, or interest in or to the lands through or upon which said location, alteration, or vacation is proposed to be made, which said damages the said Viewers are hereby authorized and directed to assess and determine.

Seventh-The width of the road, which shall not exceed seventy feet, nor be less than forty feet.

contain.

for damages.

Eighth-Said Viewers, in making their report of damages, Applications shall take into consideration the benefits arising from every road to the parties to whom they allow damages, and they shall report as to what the benefits consist of; provided, that in all cases where the Road Viewers shall make a departure from the line of road as prayed for in the petition, any person or persons affected by such departure shall have ten days, after receiving written notice of such departure and change of route, in which to file their application for damages by reason thereof, and the Road Viewers shall, on or before the day of filing their report, as provided herein, cause written notice of such departure to be served upon all persons affected thereby, in the manner provided in section seven of said Act.

services, etc.

SEC. 3. Section twenty-eight of said Act is hereby amended Claims for to read as follows: Section 28. All claims for services done, teams or materials furnished, and certified to by the Roadmasters, shall be audited by the Board of Supervisors, and upon approval, in whole or in part, they shall order a warrant for the amount of each claim as approved, to be drawn upon the proper road fund or funds. Roadmasters are

Trespass by

stock.

hereby authorized to take for the use of the road service any timber, earth, gravel, rock, or other material growing or being on any uninclosed and uncultivated lands in the vicinity of a public road, except trees planted or preserved as shade or ornamental trees, and upon application of the owner thereof they shall make such allowance therefor as may be just, and shall give such owner a certificate for the amount due for such property; and upon the presentation of such certificate, and the approval of the Board of Supervisors, such Board shall order a warrant to be drawn for the amount approved, payable out of the proper road fund or funds.

SEC. 4. Section thirty-seven of said Act is hereby amended to read as follows: Section 37. No stock of any kind whatever shall be allowed to pasture upon any highway, and it shall be the duty of all Roadmasters within their respective districts to take up, or cause to be taken up by some person or persons acting for and under the direction of such officer, all animals found pasturing upon the public highways, and to deal with said animals as provided in an Act entitled "An Act to amend an Act concerning estrays and animals found running at large in the County of Santa Clara," passed April twenty-seventh, eighteen hundred and sixty-three, approved March twenty-seventh, eighteen hundred and seventy-two; and said Roadmasters are hereby empowered and directed to proceed under said Act against all animals so found running or trespassing on the public highways.

SEC. 5. Whenever any road district heretofore existing has been or may hereafter be divided into two or more districts, all warrants heretofore or hereafter legally drawn and unpaid upon the Road Fund of such district, from which said two or more new districts may have been or shall hereafter be created, shall be paid in equal sums out of the Road Funds of such new road districts; and whenever two or more road districts heretofore existing in said county have heretofore been or shall hereafter be consolidated so as to form but one road district, all warrants heretofore or hereafter legally drawn upon the respective funds of said road districts so consolidated shall be paid out of the Road Fund of such new road district.

SEC. 6. This Act shall take effect from its passage.

CHAP. CCCCXXXII.-An Act fixing the salaries and compensation of certain officers of San Luis Obispo County.

[Approved March 31, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The following officers of the County of San
Luis Obispo are salaried officers, and shall receive the follow-

sessor, Clerk,

Superin

District

ing salaries respectively, payable out of the county treasury Salaries of of said county: The County Judge, eighteen hundred dol- Judge. As lars per annum. The County Assessor, fifteen hundred dol- Sheriff, lars per annum for himself, and he may receive twelve hun-endent of dred dollars per annum in addition for the payment of all Schools, and his deputies, but no payment shall be made for deputies Attorney. except for the time they are actually employed. The County Clerk, eighteen hundred dollars per annum. The Sheriff, forty-five hundred dollars per annum. The County Superintendent of Common Schools, six hundred dollars per annum. The District Attorney, one thousand dollars per annum, and he shall be allowed to retain to his own use all fees allowed by law for convictions, and all commissions on forfeited recognizances when collected by him from defendants, but in no case shall such fees and commissions become a county charge, or be paid to him from the county treasury.

Recorder.

SEC. 2. The County Clerk may appoint one Deputy County Deputy Clerk to act as Deputy County Clerk, whose salary is nine Clerk and hundred dollars per annum, and he must appoint one Deputy County Clerk to act as Deputy County Recorder, whose salary is nine hundred dollars per annum. The Board of Supervisors of said county from time to time, whenever they may deem it necessary, may authorize the County Clerk to appoint one additional Deputy Recorder, whose salary will be at the rate of nine hundred dollars per annum, but the deputy so appointed may be dismissed, and his salary discontinued, at the option of said Board, whenever said Board may determine his services are not required by the exigencies of the business of the office, and said deputy shall be paid only for the time he actually serves.

Assessors.

SEC. 3. The salaries to Deputy Assessors must be audited Deputy and allowed by the Board of Supervisors for the time they actually serve, but such allowance shall not exceed in the aggregate twelve hundred dollars per annum, and no one deputy shall be paid a greater sum than at the rate of five dollars per day for the time actually served by him.

and mileage.

SEC. 4. No other compensation shall be allowed or paid Other fees any of the officers aforesaid, other than the salaries and compensation prescribed in this Act, except that the Sheriff may retain to his own use all mileage allowed by law for the conveyance of prisoners to the State Prison and of insane persons to the State Insane Asylums, and except that the Assessor may retain to his own use the commissions allowed by law for collecting personal property taxes. The officers mentioned in this Act, with the exceptions herein provided, who are entitled to charge, collect, or receive any fees, commissions, percentage, or other compensation, of whatever kind or nature heretofore allowed by law, or which hereafter may be allowed by law, for services rendered by them or their deputies in their several official capacities, or for the performance of duties appertaining to said offices, must collect and safely keep the same, and on the first Monday in each month must pay the total amount by them received into the county treasury. All moneys paid into the county treasury, under

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