Actions, how brought. Sec. 4. The actions provided for in sections two and three may be brought by any or either of the parties injured, and may be joint or several. Sec. 5. This act shall take effect from and after its passage. TITLE 72. DOGS. Dogs killing sheep, liability for: See post, Sheep. An act to protect sheep and Cashmere and Angora goats against the ravages of dogs. [Approved March 13, 1866; 1865-6, 225.7 Dog tax. Section 1. Every owner, claimant, or keeper of a dog or dogs of the age of four months or over, shall hereafter pay an annual tax on all dogs owned, claimed, or kept by him or her; for the first male dog, one dollar; for every additional male dog, two dollars; and for every female dog, three dollars. Collection. Sec. 2. It shall be the duty of the county, district, or township assessors, as the case may be, at the time of making their annual assessment of real estate and personal property, to ascertain by diligent inquiry and examination the names of all persons owning, claiming, or keeping any dog or dogs, and they shall assess all such dogs in the amounts respectively, as provided in the first section of this act, to the person or persons owning, claiming, or keeping the same, and shall make lists and delivery thereof on their annual tax lists or assessment rolls at the same time and in the same manner as their lists and delivery of other personal property are made and delivered; and the proper officers are hereby empowered and required to collect such tax on dogs in the same mode and manner as other taxes are collected, and to pay over the same into the county school fund. Ownership. Sec. 3. Every dog kept or staying at any house shall be deemed sufficient evidence of ownership to authorize the assessor to return the person inhabiting the house as the owner of such dog; and any person sending his or her dog from house to house or from place to place in order to evade said tax shall pay double rates therefor; and every dog not so returned shall be deemed to have no owner, and may be lawfully killed by any person seeing the same running at large. Damages. Sec. 4. The owner or owners of any dog or dogs which shall worry, wound, or kill any sheep, Cashmere or Angora goats, shall be liable to the owner or possessor of such sheep, goat or goats, for the damages and costs of suit, to be recovered before any court having jurisdiction in the case. Killing. Sec. 5. Any person finding any dog or dogs, not on the premises of its owner, worrying, wounding, or killing any sheep, or Cashmere or Angora goats, may kill the same, and the owner thereof shall sustain no action for damages against any person so killing any dog or dogs under such circumstances. The following special and local acts were passed in 1878: An act to repeal an act entitled an act restricting the herding of sheep to certain pastures in the counties of Sonoma and Marin, passed April 21, 1857, and the acts amendatory thereof, so far as they relate to the counties of Mendocino and Humboldt, approved February 14, 1878; 1877-8, 79. An act restricting the herding of sheep to certain pastures in the county of Modoc, approved March 14, 1878; 1877-8, 241. An act to prevent sheep and goats from being herded or running at large in certain portions of Lake county, approved March 29, 1878; 1877-8, TITLE 73. DONATIONS TO STATE, COUNTY, CITY, OR TOWN. Consult the following acts: An act to provide for the receipt and appropriation of donations to the state, or counties, or cities and counties, or cities or towns therein. [Approved April 3, 1880; 1880, 20 (Ban. ed. 106).] An act to authorize the several counties, cities and counties, cities, and towns of this state, and the officers and boards of officers thereof, to receive property by gift, bequest, and devise, and to hold, manage, and dispose of such property, and the income and increase thereof. [Approved February 10, 1881; Stats. 1881, 2.] TITLE 74. DRAINAGE. An act to provide a system of irrigation, promote rapid drainage, and improve the navigation of the Sacramento and San Joaquin rivers. [Approved March 29, 1878; 1877-8, 634.] This act created the office of state engineer for the period of two years and prescribed the duties of the engineer. It was amended by renewing the office each session of the legislature up to 1889. An act to promote drainage. [Approved April 23, 1880; 1880, 123 (Ban, ed. 389).] Board of drainage commissioners. Section 1. The governor, surveyor general, and state engineer shall be ex officio members of and constitute a board of drainage commissioners to divide the state into several drainage districts, and organize the same as hereinafter provided. The governor shall be president of the board, and the office of the board shall be in the state engineer's office at the state capitol. The secretary to the state engineer shall be secretary of the board. Report of state engineer. Sec. 2. Within thirty days after the passage of this act, or as soon thereafter as may be practicable, the state engineer shall submit to said board a report or reports containing the result of his investigations as to drainage, having in view the control of debris from mining and other operations, the improvement and rectification of river channels, the erection of embankments or dikes necessary for the protection of lands, towns, or cities from inundation. He shall also make special examinations with reference to the division of the state into several drainage districts, each of which shall include a territory drained by one natural system of drainage, and shall report to the board of drainage commissioners the result of his examinations, and shall from time to time propose boundaries for such districts and recommend their formation. Board to consider the report. Sec. 3. After the state engineer has reported the boundaries and recommended the formation of one or more drainage districts, the board shall proceed to consider the same, and may adopt, amend, or reject said report; but if adopted by them, either in the original form or amended, they shall, by resolution entered upon the record of their proceedings, declare the said territory to be, and the same shall thereupon become, a drainage district, and shall be known as drainage district number one, two, or three, etc., as the case may be, numbering the districts in the order in which. they are formed; and they shall record, in a book to be kept for that purpose, the boundaries, which shall be clearly defined, with map accompanying of each separate district, its number and date of its formation, and shall file for record with the recorder of each county embraced, or in part embraced, in the district, a copy of the same, which shall be deemed sufficient notice of the formation of said district to all county officers, and to all parties concerned, that the said district has been formed. Board of directors-Term-Bond-Report. Sec. 4. Within ten days after the organization of any drainage district the governor shall appoint three persons, residents of the district, who shall constitute a board of directors for the district so formed. They shall hold office for four years [unless sooner removed for cause by the governor], and until their successors are appointed and qualified. They shall organize by electing one of their number president, and shall take the usual oath of office; and shall each give a bond in the sum of twenty-five thousand dollars for the faithful performance of his duties, to be approved by some superior judge of the district, and filed with the board of drainage commissioners. They shall, on or before the first day of January of each year, report to the governor all their proceedings, showing the amount of work done and amount of money they have expended. The governor shall transmit the same to the legislature. Secretary-Assistant engineer. Sec. 5. The board of directors shall appoint a secretary, and have an office in the district. The secretary shall receive a salary to be fixed by the directors, not exceeding one hundred dollars per month, payable out of the construction fund of the district; and his term of office shall be at the pleasure of the board of directors of such district. (They shall also appoint an assistant engineer, who shall be styled resident engineer, and whose duties are hereinafter stated.) Vacancies-Salary. Sec. 6. The governor shall fill all vacancies that may occur in the board of directors, and each di Gen. Laws-23. |