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provided, however, that at the first election held after the passage of this Act but five days' notice thereof by publication shall be required.

SEC. 2. This Act shall take effect and be in force from and after its passage.

CHAP. XCV.-An Act to authorize the Trustees of the First Congregational Religious Society of Oakland to convey certain real estate belonging to said society in the Township of Oakland and County of Alameda.

[Became a law by operation of the Constitution, February 22, 1876.]

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

SECTION 1. The Trustees of the First Congregational Relig- Trustees ious Society of Oakland are hereby authorized and empowered to execute to execute a deed of gift to the First Congregational Society of deed. Berkeley, of that certain real estate in said Township of Oakland, being lot numbered one, in block seven, according to the map of the property of the College Homestead Association of Oakland, Alameda County, California, recorded in the office of the Recorder of said County of Alameda, bounded one hundred and fifty feet on the northern line of Dwight Avenue, and three hundred feet on eastern line of Chote Street, together with all the buildings and appurtenances.

executed.

SEC. 2. Said deed shall be executed in the name of the Deed, how First Congregational Religious Society of Oakland, and signed and acknowledged by the Moderator and Secretary of the Board of Trustees of said society, and when so signed and acknowledged and delivered, said deed shall transfer Transfer of and convey to the said First Congregational Society of Berkeley all the title of the said First Congregational Religious Society of Oakland, of, in, and to the said real estate. SEC. 3. This Act shall take effect from and after its passage.

This bill remaining ten days in the possession of the Governor without receiving his approval, becomes a law by constitutional provision.

T. BECK, Secretary of State.

title.

CHAP. XCVI.-An Act to legalize the acts of the Board of Education of Placerville School District, and to provide for maintaining schools therein.

[Approved February 25, 1876.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

The borrow

SECTION 1. The act of the Board of Education of Placer- ing of money legalized and ville School District, in the County of El Dorado, in borrow-confirmed.

Tax levied.

Assessor to

be elected.

Mode of election.

Notices of.

Form of ballots.

Board to canvass returns.

Assessor and
Collector to
execute
bond.

Duty of
Assessor.

Education to

ing the sum of two thousand dollars, for the purpose of completing the Grammar School-house in said district, is hereby legalized, confirmed, and declared valid, and the amount of said sum remaining unpaid, together with the interest thereon, is a valid and binding debt against said district.

SEC. 2. An ad valorem tax of sixty cents on each one hundred dollars value of taxable property of said school district is hereby levied each year, not exceeding two years, for the purpose of paying the amount of said indebtedness, and to provide additional school facilities for said school district.

SEC. 3. The property in said school district shall be assessed and the taxes collected by an Assessor to be elected by the qualified electors of said district, at the election held for School Directors, on the third Tuesday in April, eighteen hundred and seventy-six.

SEC. 4. The election for such Assessor and Collector must be called as provided in section eighteen hundred and thirty-one of the Political Code.

SEC. 5. The notices must specify the time and place of holding the election, and the purpose for which it is held.

SEC. 6. At such election, the ballots must contain the name of one person as Assessor, and one as Collector; provided, that the same person may be elected to both offices, and discharge the duties appertaining to the same.

SEC. 7. The officers of the election must deliver the returns to the Board of Education of said school district, who shall canvass and declare the result, and issue a certificate to the persons having a plurality of legal votes cast for each office respectively.

SEC. 8. The Assessor and Collector must each execute an official bond in an amount to be fixed by said Board of Education, and receive for their services such compensation as may be fixed by said Board, to be paid out of the moneys collected.

SEC. 9. The Assessor must assess to the owners, or where the owners cannot be ascertained, to unknown owners, all the taxable property in said district, and within thirty days return his roll, footed up, to the Board of Education. Board of SEC. 10. The Board of Education, upon receiving the assit as Board sessment roll from the Assessor, must give five days' notice of Equaliza- by posting written or printed notices in three public places in said district, and sit for at least three days as a Board of Equalization at such time and place as was named in said posted notice; and said Board are hereby declared to have the same power with reference to said assessment roll as have County Boards of Equalization with the assessment roll of the county, and may make changes in said district assessment roll.

tion.

Board to deliver assessment roll to

Collector.

SEC. 11. As soon as the assessment roll has been equalized as provided in the preceding section, the Board must deliver the same to the Collector, who must proceed to collect the tax, and within thirty days return the roll to said Board with the word "Paid" marked opposite the name of each person

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or description of property from whom or on which he has received the tax, and also file with said Board the County Treasurer's receipt to the credit of said Placerville School Fund for all money by him collected; and the persons and property in said roll not marked "Paid" are hereby declared delinquent. Every tax levied and declared delinquent by or according to the provisions of this Act has the effect of a judgment against the person and property of the delinquent. In case of a vacancy in the office of Assessor or Collector, Vacancy to from any cause mentioned in section eighteen hundred and election. forty-two of the Political Code, the Board of Education must call an election to fill such vacancy.

be filled by

publish

list.

SEC. 12. Within ten days after the return of the tax-roll Collector to of the Tax Collector, the Board must make out a list of all make and persons and property delinquent, and deliver the same to delinquent the Collector. The Collector must publish the delinquent list, and append a notice thereto, by publication once a week for three successive weeks in some newspaper published in the county, which list must contain the names of the persons and a description of the property delinquent, and the amount of taxes due, with fifteen per cent. added, opposite each name and description, with the taxes due on personal property added to the taxes due on real estate, when by the revenue laws of this State the real estate is liable therefor, or the several taxes are due from the same person, and that unless the taxes delinquent, together with the percentage, are paid, the real property upon which such taxes are a lien will be sold at public auction. The publication must designate Time of sale. the time of sale, which must not be less than twenty-one, nor more than twenty-eight days from the first publication, and said sale must be in front of the Tax Collector's office, which must be specified in said publication.

SEC. 13. On the day fixed for the sale, or on some subse- Hour of sale. quent day to which he may have postponed it, of which he must give notice, the Collector must, at the hour of ten o'clock A. M., commence the sale of the property advertised, upon which the taxes and percentage have not been paid, commencing at the head of the list and continuing alphabetically until completed. He shall continue the sale from day to day, if necessary, but it must be completed within six days from the first day fixed.

SEC. 14. The person who will take the least quantity of Terms of the land, or in case an individual interest is assessed, then sale. the smallest portion of the interest, and pay the taxes and percentage due, including two dollars to the Collector for the certificate of sale, shall be deemed the purchaser.

SEC. 15. After receiving the amount of the taxes and Collector to costs the Collector must make out, sign, and deliver to the certify facts. purchaser, a certificate dated on the day of sale, stating (when known) the name of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for taxes, giving the amount and year of assessment, and designating the time when the purchaser will be entitled to a deed.

Redemption,

SEC. 16. A redemption of any property sold under this when made. Act may be made by the owner, or any party in interest, within twelve months from the date of the purchase, by the payment to him of the purchase money, and fifty per cent. thereon.

Collector to make deed.

Deed to convey absolute

SEC. 17. If property is not redeemed within twelve months from the sale, the Collector must make the purchaser, or his assignee, a deed of the property, reciting in the deed substantially the matters contained in the certificate, and that no person redeemed the property during the time. allowed by law for its redemption.

SEC. 18. Such deed, duly acknowledged or proved, is, title. except as against actual fraud, conclusive evidence of the regularity of all proceedings, from the assessment by the Assessor inclusive, to the execution of the deed, and conveys to the grantee the absolute title to the lands described therein, together with the improvements thereon, free of all incumbrances, except where the land is owned by the United States or this State, in which case it is a prima facie evidence of the right of possession.

SEC. 19. This Act shall take effect froin and after its passage.

Granting to
Board

borrow

money and execute mortgage.

CHAP. XCVII.-An Act to authorize the Board of Education of Vallejo Township, in the County of Solano, to borrow money for school purposes.

[Approved February 25, 1876.]

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

SECTION 1. The Board of Education of Vallejo Township, authority to County of Solano, composed of Job G. Lawton, Isaac S. Halsey, Andrew J. McPike, John Q. Adams, and David Rutherford, and their successors in office, are hereby authorized and empowered to borrow five thousand dollars for the purpose of paying a certain promissory note held by the Vallejo Savings and Commercial Bank against the Vallejo School District; and for the securing the repayment of the same, to execute and deliver a promissory note, together with a mortgage upon lots numbered one, two, three, four, and five, in block numbered three hundred and forty-nine, in the City of Vallejo, in the County of Solano; provided, that the promissory note to be secured by the said mortgage shall not run for a longer period than three years.

SEC. 2. This Act shall take effect immediately.

CHAP. XCVIII.-An Act to provide for refunding the debt of the County of Tehama, funded under an Act approved March thirtieth, eighteen hundred and sixty-four.

[Approved February 25, 1876.]

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

Treasurer to

SECTION 1. In order to refund the debt of the County of Auditor and Tehama, funded under an Act approved March thirtieth, eighteen hundred and sixty-four, the County Auditor and County Treasurer of said county, and their successors in office, shall issue and sell one hundred and twenty bonds of the County of Tehama, in sums of two hundred and fifty dollars each, payable in gold coin of the United States, at the office of the County Treasurer of the County of Tehama, on or before the first day of February, eighteen hundred and ninety-five, and bearing interest at the rate of eight per cent. per annum, and payable annually on the first day of February of each year, in gold coin of the United States, at the office of the County Treasurer of said county. Said bonds shall be signed by the Auditor and Treasurer of said county, and shall have the seal of the County Court affixed thereto. Coupons for the interest shall be attached to each bond, signed by the Auditor and Treasurer of said county.

notice of

sale.

SEC. 2. Before the sale of said bonds the Auditor and Must give Treasurer shall appoint a day and hour for such sale, and shall give notice thereof by publication at least three weeks in each and all of the newspapers printed and published in said County of Tehama, and a notice that sealed proposals will be received by the said Auditor, for the purchase of said bonds, at any time before the hour of sale. On the day and hour named in said notice, the Auditor and Treasurer of said county shall open all sealed proposals received, and shall award the purchase of said bonds to the highest responsible bidder or bidders; provided, they may reject any and all bids; and provided further, that no bonds shall be sold for less than ninety cents in gold coin on the dollar, par value; and provided further, that they may sell said bonds at private sale, but for not less than par value in gold coin.

SEC. 3. The proceeds of the sale of said bonds shall be paid in to the County Treasurer and appropriated for the Disposition payment of the said funded debt, which was due on the first of the funds. day of January, eighteen hundred and seventy-five. And the overplus, if any there be, after paying all of said bonds, shall be paid into the General Fund; and should there be any deficiency in the payment of said bonds, it shall be made up from the General Fund of said county.

SEC. 4. For the payment within nineteen years of the Supervisors principal and interest of the bonds issued under this Act, to levy tax. the Board of Supervisors of said county is hereby authorized, and it shall be their duty to levy annually, at the same time and manner as other county taxes are levied, a sufficient amount to pay the interest on all the bonds sold and unre

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