Page images
PDF
EPUB

Injury to highways.

To mile

boards.

Trees.

Misde meanor.

Fines, how applied.

Sidewalks, trespass upon.

Owners may plant trees

Roadmaster may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also, for each day the same remained after notice was complete, the sum of ten dollars, in an action for that purpose.

SEC. 44. Whoever obstructs or injures any highway, or obstructs or diverts any water-course thereon, is liable to a penalty of five dollars for each day such obstruction or injury remains, and must be punished as provided in section five hundred and eighty-eight of the Penal Code.

SEC. 45. Whoever removes or injures any mile-board, or mile-stone, or guide-post, or any inscription on such, erected on any highway, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section five hundred and ninety of the Penal Code.

SEC. 46. Whoever cuts down a tree so that it falls into any highway, must forthwith remove the same, and is liable to a penalty of ten dollars for every day the same remains in such highway, to be collected at the suit of the Road

master.

SEC. 47. The Roadmaster may put upon bridges under their charge notices that there is ten dollars fine for riding or driving on this bridge faster than a walk. Whoever thereafter rides or drives faster than a walk on such bridge is guilty of a misdemeanor, and, upon conviction, is punishable by a fine of ten dollars, or by imprisonment not exceeding five days in the County Jail. One-half of said fine shall be paid to the informer.

SEC. 48. Whoever digs up, cuts down, or otherwise injures or destroys any shade or ornamental tree planted and standing on any highway, forfeits twenty-five dollars for each such tree, and punishable as provided in section fifty-one of this Act.

SEC. 49. All penalties or forfeitures given in this Act, and not otherwise provided for, must be recovered by the Roadmaster of the respective road districts, and be applied on the highways in which they are collected, except as herein otherwise provided.

SEC. 50. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land, subject, however, to the authority conferred by law on the Board of Supervisors; and any person using such sidewalk with horse or team, without permission of the owner, is liable to such owner or occupant in the sum of five dollars for each trespass and for all damages thereby.

SEC. 51. Any owner or occupant of land adjoining a road not less than three rods wide, may plant trees on the side contiguous to his land. They must be set in regular rows, at a distance of at least twenty feet from each other, and not more than six feet from the boundary of the road. If the road is more than six rods wide, the rows must not be less than six nor more than twelve feet from the boundary of the road. Any person willfully injuring said trees shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not exceeding three hundred dollars,

or by imprisonment in the County Jail not exceeding three months.

defined.

SEC. 52. Roads laid out and recorded as such by order Highways of the Board of Supervisors, or laid out or established by others and dedicated to the public, or roads used as public roads for a period of five years, unobstructed, next preceding the passage of this Act, are roads or highways, within the meaning of this Act. Whenever any corporation owning a toll-bridge or a turnpike, plank, or common wagon road, is dissolved, or has expired by limitation, or discontinues the road or bridge, the road or bridge becomes a public highway..

SEC. 53. The road poll-tax herein provided for must not Cities be levied or collected from the inhabitants of incorporated excepted. towns and cities which, by municipal authority, levy such taxes for streets and alleys thereof. Bridges crossing the line between cities or towns and road districts must be constructed by the cities or towns and the road districts into which such bridges reach, proportionately.

Roadmas

⚫ters.

SEC. 54. For days actually employed on the road, Road- Salary of masters shall receive for their services three dollars per day. Assistant Roadmasters shall receive for their services two dollars and fifty cents per day, to be audited and allowed by the Board as other claims.

SEC. 55. All former Acts or parts of Acts applicable to public and private roads in the County of Santa Cruz, and all other Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed. Nothing in this Act shall be so construed as to conflict with the Acts incorporating the Towns of Santa Cruz and Watsonville.

SEC. 56. This Act shall take effect immediately.

CHAP. CCCCXXXV.-[See volume of Amendments to the
Codes.]

CHAP. CCCCXXXVI.-An Act concerning certain taxes in the
Counties of Placer and Nevada.

[Approved March 31, 1876.]

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

company.

SECTION 1. The Boards of Supervisors of the Counties of Compromise Placer and Nevada, with the consent and approval of the with railroad Attorney-General of said State, are hereby authorized and empowered to compromise and settle all State, county, and district taxes now due, or claimed to be due from the Central Pacific Railroad Company, on property in said respective

Meetings of
Boards.

counties, including the said taxes for the fiscal years A. D. eighteen hundred and seventy-two and three, and eighteen hundred and seventy-three and four, upon such terms as said Boards may deem for the best interests of said State and counties; and upon the like terms to compromise, settle, and dismiss any and all suits, actions, and special proceedings now pending, or which may hereafter be instituted in any Court, State or Federal, for the collection of, or in relation to said taxes or any part thereof.

SEC. 2. For the purposes of this Act said Boards of Supervisors may meet without previous notice, when the members thereof are all present at the county seats of said counties; and for the like purpose, the Presidents of said Boards may call a meeting of said Boards upon not less than two days' previous notice thereof to each member, at which last-named meeting a majority of said members shall constitute a quo

rum.

SEC. 3. For the purposes of this Act, but not otherwise, all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SEC. 4. This Act shall take effect from and after its passage.

Trustees to issue bonds

Fowle.

CHAP. CCCCXXXVII.-An Act to enable the City of Sacramento to settle a judgment obtained against it by Paulina C. Fowle.

[Approved March 31, 1876.]

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

SECTION 1. The Board of Trustees of the City of Sacramento to Paulina C. are hereby authorized and empowered to issue ten bonds of the said city, pledging its faith and credit for their payment, and payable in United States gold coin, one payable in one year from the first day of July, eighteen hundred and seventy-six, for eight thousand dollars, and nine other bonds for the sum of six thousand dollars each, payable respectively on the first day of July of each succeeding year up to and including the year eighteen hundred and eighty-six, with interest on each of said bonds at the rate of seven per cent. per annum, payable annually; such interest to be represented by coupons attached to each bond, and to be computed from the first day of July, eighteen hundred, and seventy-six. Each of said bonds shall be issued to Paulina C. Fowle, or her assigns, and signed by the Mayor of said city, and attested by the Clerk of said Board of Trustees, with the corporate seal of said city attached thereto.

Bond and

SEC. 2. The said Board of Trustees, in the year eighteen interest tax. hundred and seventy-seven, and in each of the nine succeeding years, shall levy a special tax upon all the taxable property of the said city sufficient to meet and pay the bond and interest due in such year, which taxes so levied shall be col

lected at the same time and in the same manner as the other taxes of said city, and shall constitute a special fund, to be devoted exclusively to the payment of such bonds and interest.

rendered.

SEC. 3. The judgment referred to in the preceding title Judgment was entered in the Circuit Court of the United States for the State of California on the eighth day of February, eighteen hundred and seventy-three, for the sum of fifty-nine thousand and ninety-eight dollars and eighteen cents damages, and eighty-one dollars and thirty cents costs, with interest thereon from date, at the rate of seven per cent. per annum, payable in gold coin of the United States, against the said city, and in favor of the said Paulina C. Fowle.

to be filed.

SEC. 4. Before issuing the said bonds, the said Paulina C. Stipulation Fowle shall file a stipulation in the Court wherein said judgment was entered, agreeing that no execution or proceeding of any kind shall be had upon said judgment, except to renew the same by action to avoid the bar of the statute of limitations, unless the Board of Trustees should fail to pay said bonds, and in the event the said Paulina C. Fowle shall not have any claim against said city, except for the amount of any bonds and interest on said bonds issued in pursuance of this Act that remain unpaid. The said stipulation shall conform to the provisions of this section, a copy of which stipulation shall be filed in said Court and another with the Clerk of said Board of Trustees.

or excess of tax.

SEC. 5. Should the tax authorized by this Act be insuffi- Deficiency cient to meet the payments of the bonds issued under this Act, the Board of Trustees are hereby authorized to draw upon the General Fund for such deficiency, and should said tax be in excess of the amount required to pay said bonds and interest, as they become due, the said Board of Trustees are authorized to pay the excess into said General Fund. SEC. 6. This Act shall take effect immediately.

CHAP. CCCCXXXVIII.-An Act to permit Nancy Wilson (a widow) to redeem certain lands sold to the State for delinquent taxes for the fiscal year eighteen hundred and seventy-four and five.

[Approved March 31, 1876.]

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

on payment of delin

SECTION 1. The south half of southwest quarter of sec- Redemption. tion twenty-two and the west half of northwest quarter of % section twenty-seven, in township five south of range seven quent tax. east, Mount Diablo base and meridian, situated in Stanislaus County, State of California, the property of one Nancy Wilson, a widow, having been sold to the State of California for delinquent taxes for the fiscal year eighteen hundred and seventy-four and five, and the time for redemption having

Quit-claim deed.

expired, now upon the payment by said Nancy Wilson, or her assigns, to the Sheriff of said Stanislaus County, of the sum of forty-seven dollars and fifty-two cents gold coin, the amount of such delinquent tax, said Nancy Wilson, or her assigns, shall be restored to all the title and rights in and to all said premises which she had in the same, on the sixth day of March, A. D. eighteen hundred and seventy-five, before the sale thereof for said delinquent taxes, and shall be entitled to a full release and quit-claim from the State of California of all interest of said State acquired by said sale for said delinquent tax.

SEC. 2. Upon the receipt of said forty-seven dollars and fifty-two cents delinquent taxes, as aforesaid, the said Sheriff of Stanislaus County is hereby authorized and directed to execute and deliver to said Nancy Wilson, in the name of the State of California, a quit-claim deed for the premises herein before described.

SEC. 3. This Act shall take effect immediately.

County

Judge to

CHAP. CCCCXXXIX.-An Act to provide for the first election in the Town of Haywards.

[Approved March 31, 1876.]

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

SECTION 1. Notice of the first election of town officers of give notice, the Town of Haywards must be given by the County Judge of Alameda County by publishing the same in a newspaper published in said county, for two weeks successively prior to such election, designating the officers to be elected, the polling-place, and the officers of election. The returns must be made to the County Judge, who must declare the vote and issue certificates of election.

SEC. 2. This Act shall take effect immediately.

Lots to be filled in.

CHAP. CCCCXL.-An Act to confer further powers on the Board of Trustees of the City of Sacramento.

[Approved March 31, 1876.]

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

SECTION 1. The Board of Trustees of the City of Sacramento are hereby authorized and empowered, and it is made their duty to require all lots and portions of lots, in the City of Sacramento, north of R Street, west of Fourteenth Street,

« PreviousContinue »