Treasurer to to the State Treasurer; and said surplus shall be placed by him to the credit of the Bond Fund of the district. The District Treasurer of the district shall report, in writing, to the Board report each month, the amount of money in the treasury, the amount in amount of receipts for the month, and the amount and items of expenditures. Said report shall be filed with the Secretary of the Board. treasury. paid out Fund. Board to fix SEC. 40. The cost and expense of purchasing and acquir Costs and ing property, and constructing the works and improvements exposes, herein provided for, shall be wholly paid out of the Construc- Construction tion Fund. From time to time, as portions of said work are so completed as to be put into convenient operation and use, the water mentioned in this Act shall be first applied to Waters, how purposes of irrigation; and in making such application the use. Commissioners shall allow to the owners or possessors of all irrigable lands within the district such quantities of such Irrigation. water as shall be fair, equitable, and in proportion to their needs and requirements as such land owners or possessors. All water not needed for irrigation, or which can be applied to other purposes without interfering with or preventing the complete irrigation of all irrigable land in the district for which water is applied, shall be used for and applied to pur- Transportaposes of transportation, navigation, and such other purposes tion. as the Commissioners may direct; and whenever it can be done, without failing to accommodate the necessities and requirements of irrigation, and navigation, and transportation, the Commissioners may sell the use of said water for manufacturing or other purposes. The Board may fix the Manufac rates of tolls and charges, and collect the same from all ring persons using said canal or works for transportation, irriga- tolls, etc. tion, and other purposes, subject, however, to the power of the Legislature to change, alter, or modify such water rates, tolls, and charges. The proceeds of all collections made for Proceeds tolls or charges made for water used for any other purposes water. than irrigation shall be deposited in the district treasury, and be applied: first, to the payment of the expenses of the care, operation, management, repair, and improvement of such portions of said canal and works as are completed and in use, including salaries of officers and employés; second, to the payment of the interest on said bonds; and third, to the payment of the principal of the bonds. If said proceeds Deficiency be insufficient to pay said expenses of care, operation, agement, repair, and improvement, the Board of Com- plied. missioners may collect from persons using said water for irrigation such rates and charges as will suffice to pay said deficiency, charging each person benefited, as near as practicable, equally and uniformly, according to the water used; but shall, as near as practicable, only collect from irrigators sufficient revenue to pay said deficiency; and from time to time, as it deems best, the Board shall fix the amount of said charges upon irrigators, so as to raise only the revenue aforesaid. man from sales of proceeds, how sup railroads, SEC. 41. The Board of Commissioners shall have power Crossing to construct the said works across any stream of water, water- canals, etc. course, bay, street, avenue, or highway, railway, canal, ditch, Railroad company to grant privileges. Damages, how or flume, which the route of said canal shall intersect or cross, in such manner as to afford security for life and property; but said Commissioners shall restore the same, when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by said works shall unite with said Commissioners in forming said intersections and crossings, and grant the privilege aforesaid; and if such railroad company and said Commissioners, or the owners and controllers of the said property, thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as Right of way is herein provided in respect to the taking of lands. The right of way is hereby given, dedicated, and set apart, to locate, construct, and maintain said works over and through any of the swamp and overflowed lands belonging to this State, or any other lands which are now or may be the property of this State; and also there is given, dedicated, and set apart, for the uses and purposes aforesaid, all waters and water rights belonging to this State within the district, necessary for said purposes. determined. given. Officers' salaries. Misdemean or to damage canal, etc. Felony, officer interested SEC. 42. The Commissioners shall each receive four dollars per day, and mileage at the rate of twenty cents per mile, in attending meetings, and actual expenses paid while engaged in official business under the order of the Board. The Assessor shall receive a salary of twelve hundred dollars per annum; and the Tax Collector shall receive a salary of fifteen hundred dollars per annum for his services as Tax Collector, and the Treasurer shall receive one thousand dollars per annum, to be paid out of the treasury of the district. SEC. 43. The cutting or willful damage of any canal, ditch, or other works of the district, or unauthorized taking of water therefrom, or the drainage of cess-pools or other filth into such canal, ditch, or other works, is hereby declared to be a misdemeanor, punishable by a fine of not less than ten nor more than two hundred dollars, or by imprisonment in the County Jail not less than five nor more than one hundred days, or by both such fine and imprisonment, at the discretion of the Court. SEC. 44. If any Commissioner, or any other officer holding office under and by virtue of this Act, shall in any in contract. manner be interested, directly or indirectly, in any contract awarded or to be awarded by the Board, or in the profits to be derived therefrom, he shall be deemed guilty of a felony, and such conviction shall work a forfeiture of his office, and he shall be punished by imprisonment in the State Prison for a period of not less than one year nor more than five years. Extent of liability to be incurred. SEC. 45. In case the tax is voted, as provided in this Act, to facilitate the organization of the district the Board of Commissioners are hereby authorized and empowered to borrow upon the credit of the district a sum not exceeding ten thousand dollars, to be repaid out of any money realized from the first sale of bonds. The Commissioners and officers of the irrigation district herein provided for shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the bonds in this Act provided for; and any debt or liability in excess of said amount shall be and remain absolutely void. labor. SEC. 46. No Chinese labor shall be employed in the con- Chinese struction of any canal or ditch provided for in this Act. This Act shall take effect from and after its SEC. 47. passage. CHAP. CCCCXCII.-An Act making appropriations for the support of the government of the State of California for the twentyeighth and twenty-ninth fiscal year. [Approved April 3, 1876.] The People of the State of California, represented in Senate and State gov SECTION 1. The following sums of money are hereby appro- Appropriapriated, out of money in the State treasury not otherwise tions for the appropriated, for the objects hereinafter expressed, and for ernment. the support of the government of the State of California for the twenty-eighth and twenty-ninth fiscal years: For per diem and mileage of Lieutenant-Governor and Legislative. Senators, fifty-two thousand dollars. For per diem and mileage of Assemblymen, one hundred and two thousand dollars. For pay of officers and clerks of the Senate, thirteen thousand (13,000) dollars. For pay of officers and clerks of the Assembly, fourteen thousand five hundred dollars. For contingent expenses of the Senate, twenty thousand dollars. For contingent expenses of the Assembly, twenty-five thousand dollars. For salary of Governor, fourteen thousand dollars. For special contingent fund for Governor's office (secret service), five thousand dollars. For salary of Private Secretary of the Governor, four thousand eight hundred dollars. For salary of Executive Clerk, four thousand eight hundred dollars. For pay of Porter in office of Governor, twelve hundred dollars. For postage, expressage, and telegraphing in office of Governor, one thousand dollars. Office of Secretary of For salary of Secretary of State, eight thousand dollars. For salary of Deputy Secretary of State, four thousand State. eight hundred dollars. For salaries of Clerks in office of Secretary of State, seventeen thousand seven hundred dollars. Controller. Treasurer. Attorney- Surveyor- Register of For pay of Porter in the office of Secretary of State, three hundred dollars. For contingent expenses of Secretary of State, two hundred dollars. For postage, expressage, and telegraphing in office of Secretary of State, two thousand eight hundred dollars. For salary of Controller, eight thousand dollars. For salary of Deputy Controller, six thousand dollars. For salary of Book-keeper for the Controller, four thousand eight hundred dollars. For salaries of Clerks in office of Controller, eighteen thousand dollars. For pay of Porter in office of Controller of State, six hundred dollars. For contingent expenses in office of Controller of State, two hundred dollars. For postage and expressage in office of Controller of State, one thousand dollars. For salary of Treasurer, eight thousand dollars. For salaries of Clerks in office of Treasurer, eight thousand four hundred dollars. For salary of Watchmen in office of State Treasurer, four thousand eight hundred dollars. For postage and expressage in office Treasurer, three hundred dollars. For pay of Porter in office of Treasurer, three hundred dollars. For salary of Attorney-General, eight thousand dollars. For salary of Clerk for the Attorney-General, three thousand six hundred dollars. For pay of Porter in office of Attorney-General, two hundred dollars. For postage of Attorney-General, two hundred dollars. For costs and expenses of suits, where the State is a party in interest, eight thousand dollars. For salary of Surveyor-General, four thousand dollars. For salary of Deputy Surveyor-General, four thousand eight hundred dollars. For salaries of Clerks in office of Surveyor-General, ten thousand eight hundred dollars. For pay of Porter in office of Surveyor-General, six hundred dollars. For postage and expressage in office of Surveyor-General, two hundred and fifty dollars. For purchase of maps in Surveyor-General's office, four hundred dollars. For copying of maps in office of Surveyor-General, three hundred dollars. For salary of Register of Land Office, four thousand dol-. lars. For salaries of Clerks in Land Office, seven thousand two hundred dollars. For postage and expressage for Register of State Land Office, five hundred and fifty dollars. For salary of Superintendent of Public Instruction, six thousand dollars. For salary of Deputy Superintendent of Public Instruction, three thousand six hundred dollars. For salary of Clerk of Superintendent of Public Instruc- Superintend tion, three thousand dollars. For contingent expenses of Superintendent of Public Instruction, two hundred dollars. For pay of Porter of the office of Superintendent of Public Instruction, four hundred dollars. For postage and expressage in office of Superintendent of Public Instruction, one thousand six hundred dollars. For traveling expenses of Superintendent of Public Instruction, three thousand dollars. ent of Public Instruction. For salary of Secretary of State Board of Health, five thou- State Board sand dollars. For mileage and contingent expenses of State Board of Health, three thousand dollars. of Health. For salaries of members of State Board of Examiners, Board of seven thousand dollars. For salary of Clerk of State Board of Examiners, two thousand four hundred dollars. For salary of State Librarian, six thousand dollars. For salaries of Deputies to State Librarian, seven thousand two hundred dollars. For pay of Porter in State Library, twelve hundred dollars. For postage and expressage for State Library, four hundred dollars. Examiners. State Adjutant For salary of Adjutant-General, six thousand dollars. For salary of Assistant Adjutant-General, four thousand General dollars. For pay of Porter in office of Adjutant-General, six hundred dollars. For postage and expressage in office of Adjutant-General, two hundred dollars. For cleaning and transportation of arms, one thousand five hundred dollars. For salaries of Justices of Supreme Court, sixty thousand Supreme dollars. For salary of Reporter of Supreme Court, twelve thousand dollars. For salary of Clerk of Supreme Court, eight thousand dollars. For postage and expressage for Clerk of Supreme Court, three hundred dollars. For salary of Deputy Clerk of Supreme Court, three thousand six hundred dollars. For pay of Porter of Clerk of Supreme Court, four hundred dollars. For postage and contingent expenses of Supreme Court, five hundred dollars. For salary of Phonographic Reporter for the Supreme Court, six thousand dollars. For salary of Secretary for the Justices of the Supreme Court, six thousand dollars. Court. |