Record of bonds. Apportionment of proceeds. Same Surplus funds. intention to redeem bonds, that they are prepared to redeem certain bonds, which bonds shall be designated in said notice by number consecutively, and by date, commencing at the lowest number and farthest date of such bonds as are not redeemed; and no interest shall be payable on any bonds so published, after ten days from and after the date of the first published notice. SEC. 9. The Clerk of the Board of Supervisors of the said county shall keep a register, in which shall be kept a correct record of all the bonds issued under this Act. The said record shall show the number and amount of said bonds, and date of issuance, and date of sale, the number and amount of coupons, when the interest, as due, is paid, and the number and amount of bonds redeemed, and time of redemption, and bonds published as being redeemable, and such other matter as may be pertinent or necessary in such record. SEC. 10. The money derived to the County of San Luis Obispo from the sale of the bonds issued under this Act, must be used as is provided in this Act; provided, that the sums named, to be paid for the improvement or construction of the several roads mentioned in this Act, shall be considered as the proportionate amount to be paid to the several roads as named, out of the money remaining after the necessary expenses of issuing the said bonds and payment of discount on the bonds has been made; that is to say, as the amount apportioned to the several roads named is to the total sum of the bonds, so shall be the amount of money paid to the amount of money realized from the sale and discount of bonds. SEC. 11. There shall be paid for the improvement or construction of the following-named roads the several amounts as named in this section, to wit: For the Cambria and Paso Robles public road, fifteen thousand dollars; for the Cambria and San Simeon public road, two thousand dollars; for the Cambria and San Luis Obispo public road, three thousand dollars; for the Old Creek and Paso Robles public road, five thousand dollars; for the public road intersecting the Cambria and Paso Robles and the Old Creek and Paso Robles public roads, at or near the Josephine Post-office, seven hundred and fifty dollars; for the proposed new public road from Morro to the main stage road, in the Salinas Valley, five thousand dollars; for the Morro and Cañada de los Osos public road, seven hundred and fifty dollars; for the San Luis Obispo and Avila public road, two thousand dollars; for the San Luis Obispo and Guadalupe public road, eight thousand dollars; for the building of a bridge across the Paso Robles Creek, on the main stage road, a sum not to exceed two thousand dollars; for the proposed public road from the main stage road in the Salinas Valley to Bakersfield, in Kern County, ten thousand dollars; the balance of money remaining, after the payment of the several amounts as herein named and enumerated, shall be placed in the county treasury, to the credit of the "General Road Fund," and must be used: First-In payment of the outstanding warrants which may have been drawn against the said fund, and for the payment of which there exists an obligation. Second-In payment of such general work upon the various public roads of the said county as may, to the said Board, appear expedient or necessary. to appoint SEC. 12. Before any of the money appropriated to the Supervisors several roads named in this Act shall be used in payment engineer. for the construction or improvement of roads in said county, the Board of Supervisors must select and appoint a competent civil engineer or surveyor, who shall examine the particular road intended to be improved or made, and make an estimate of the cost of building or improving the particular road, the said estimate to be for all work, such as grading, bridging, making culverts, and any other work necessary to make a good and useful first-class wagon road; and said engineer must be required to report, under oath, to the said Board, within a specified time, of the estimated cost, together with estimates and specifications as to work to be done. The Board may pay to the said engineer, for his services, such sum as to them may seem just and right; in every case payment to be made from the amount of money apportioned to the particular road upon which the said engineer's estimate and specifications have been made. proposals. SEC. 13. As soon as practicable after the receipt of the said Board to engineer's report, the said Board must advertise, for at least receive three weeks, in all the newspapers printed and published in the said county, for proposals to do the work upon the particular road named in the advertisement, in accordance with the estimates and specifications of the engineer above mentioned; the said advertisement must state the road upon which the work is to be done, the length of road to be made, and must state that the Board reserves the right to reject any and all bids. At the time named in the said advertisement, the Clerk of the said Board, in the presence of a majority of its members, must open all proposals that may have been received for doing the work on the road named in the said advertise- Award of ment, and said Board must award the contract to the lowest contract. bidder; provided, that no contract shall be let to any person for a sum in excess of ninety per cent. of the amount of money in the said Special Road Bond Fund, to the credit of the particular road to be made or improved. The said Board must require from the person to whom the award is made, a bond, with good and sufficient sureties satisfactory to the said Board, in a penal sum of not less than fifty per cent, more than the sum named in his proposal for doing the work on the particular road. All work on any contract under this Act must be done within six months from the date of the contract, but the Board of Supervisors may require the work on any contract to be done in less time than six months, if, in their judgment, the work can or ought to be done in less time. contractor. SEC. 14. The Board of Supervisors may, from time to Payments to time, during the progress of the work under any contract under this Act, pay such part of the contract price as may to them appear just and right; provided, however, that they Purchase of private roads. must retain twenty per cent. of said contract price for building or improving any road under this Act, until the work is completed and the road accepted by the said Board. The acceptance of the said Board shall be given upon the certificate of the engineer above named, that the work has been well and fully performed according to the terms of the contract, and upon such certificate, made in writing, the remaining twenty per cent. of the contract price shall be paid. SEC. 15. If, upon the certificate of the said engineer, it shall appear to the Board of Supervisors that the best interests of the people will be promoted by the purchase of the whole or any part of any road lying or being upon the general route of any one of the roads named in this Act, and which road is now owned or being constructed by any private corporation or individuals, the said Board may purchase such part as is, in their opinion, best or necessary; provided, that no greater sum may be paid for any such private road than is equal to ninety per cent. of the sum of money in the Special Road Bond Fund, to the credit of the road to which such private road may be parallel. SEC. 16. This Act shall take effect and be in force from and after its passage. Per diem and mileage of jurors. CHAP. DCXI.-An Act amendatory of and supplementary to an [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section fourteen of the above-mentioned Act is amended so as to read as follows: Section 14. Grand and trial jurors shall receive two dollars and fifty cents per day for attendance upon a Court of record, with mileage at the rate of twenty cents per mile for each mile traveled in going from their residence to the county seat of the said county. No juror shall be entitled to any per diem if he be excused upon the first day of the term, upon his own motion, but shall be entitled to mileage, as provided by this section. Every juror, upon being excused for the term by the Court, shall be entitled to receive from the County Clerk a certificate, under seal, of the number of days served and number of miles traveled as such juror; and upon presentation of the said certificate to the County Auditor, he shall be entitled to receive a warrant upon the County Treasurer, payable out of the General Fund of the county, for the amount due him, according to the receipt above named. In civil cases, the party in whose favor a verdict is rendered, before the same be entered, shall pay the jury fees, but the same may be recovered as costs from the party losing the case. If, in any trial in a civil case, the jury be from any cause discharged without finding a verdict, the fees shall be paid by the party demanding a jury, but may be recovered as costs if he afterward obtain judgment, and until they are paid no further proceedings shall be had in the action. Jurors in a Justice's Court, in civil cases, shall receive two dollars per day, without mileage, to be taxed against the party losing the suit. No persons shall receive fees for serving on a Coroner's jury, or in a criminal case before a Justice of the Peace. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. DCXII.-An Act to incorporate the Town of Livermore, [Approved April 1, 1876.] The People of the State of California, represented in Senate and name. SECTION 1. The people residing within the boundaries of Corporate that tract of land in Murry Township, in Alameda County, described in section two of this Act, are hereby constituted a body politic and corporate, by the name of the "Town of Livermore;" and by that name shall have perpetual succession, may sue and be sued in all Courts and in all actions whatsoever, and shall have and use a common seal, and alter the same at pleasure, and may purchase, receive, hold, and enjoy real and personal property, and sell and dispose of the same for the common benefit, subject to the provisions and limitations of this Act, and in no other way whatsoever. SEC. 2. The boundaries of said town shall be as follows: Town boundCommencing at the southeast corner of the north half of the aries. northwest quarter of section nine, township three south, range two east, Mount Diablo base and meridian; running thence along the southerly line of said north half of the northwest quarter of section nine, township three south, range two east, and along said line produced, one and onefourth miles to a point; thence southerly, and at right angles to said last-named line, one and one-fourth miles, or thereabouts, to a point in the southerly line of plot eighteen of the Rancho El Valle de San José, as defined and laid down in the final decree of the partition of said rancho; thence easterly and along said last-named line one and one-fourth miles to a point; thence northerly in a direct line to the point of commencement. SEC. 3. The government of said town shall be vested in Town gova Board of Trustees, to consist of five members; an Assessor, ernment. a Marshal, who shall be ex officio Tax Collector; and a Clerk, and a Treasurer. City officers, SEC. 4. Said Board of Trustees, Assessor, and Marshal, election of. Town elections. Clerk and Trustees' meetings. Powers and duties of Trustees. shall be elected by the qualified electors of said town on the second Monday in May of each year, and shall enter upon their duties upon the first succeeding Monday thereafter; and they shall hold their offices for one year, and until their successors are elected and qualified. Said Board of Trustees shall appoint said Clerk and Treasurer, and shall have the power to remove and put others in their stead, when in their judgment the interest of the town may require it. SEC. 5. All elections held under the provisions of this Act shall be in accordance with the general election laws of this State. All the duties of an Election Board, which are or may be prescribed by the statutes of the State regulating and governing elections, shall be performed by the Board of Election of said town, who shall be appointed by the Board of Trustees of said town, and have the same power as a Board of Election under the general laws of the State. When the returns shall have been completed, they shall be sealed and delivered by the Board of Election to the Town Clerk, who shall safely keep the same, not allowing any person to open said returns, and deliver them to the Board of Trustees at their meeting on the first Wednesday subsequent to the election. The Board of Trustees shall meet on the first Wednesday subsequent to the election, and duly canvass the election returns, in the manner prescribed by the general election laws of the State, declare the result, and direct the Town Clerk to issue certificates of election to the persons elected; provided, that the notice of the first election of officers. of said town must be given by the County Judge of the County of Alameda, by publishing the same in a newspaper published in said county, three weeks successively, which said notice shall designate the time when said election will be held, the boundaries of said town, the officers to be elected, the polling-places, and the officers of election. The returns of said first election must be to said County Judge, who must count and declare the vote, and issue the certificates of election. SEC. 6. The Board of Trustees shall meet on the first Monday after their election, qualify, and choose a President from their number, and appoint a Town Clerk, and a Treasurer. The time and place of holding their stated meetings shall be as provided by ordinance, and they may be convened by the President at any time, by written notice, delivered to each member, and all meetings of the Board shall be within the corporate limits of the town, and shall be public. In case the Clerk shall not be present the President may appoint one of their number as Clerk pro tem. SEC. 7. At the meetings of the Board a majority of the Trustees shall constitute a quorum to do business. A smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the Board previously, by ordinance, may have prescribed. SEC. 8. The Board of Trustees shall judge of the qualifications of their own members, and of all election returns, except of the first election herein provided for, and determine |