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CHAP. CCCCXCIX—[See volume of Amendments to the Codes.]

Commis

tablish .

Powers of Commissioners.

CHAP. D. - An Act amendatory of and supplementary to an Act

to establish water rates in the City and County of San Francisco, approved March first, eighteen hundred and seventy-six.

[Approved April 3, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section four of the said Act is hereby amended sioners to e* so as to read as follows: Section 4. The Commissioners, before

entering upon their duties, shall take and subscribe an oath or affirmation, that they will faithfully perform such duties and establish such rates as shall be just and reasonable to the consumers, which rates shall be confirmed by ordinance of the Board of Supervisors before taking effect; and it shall be the duty of any individual, company, or association engaged in, or who may hereafter engage in the business of supplying water to the inhabitants of San Francisco, to furnish the same at the rates which may be established under the provisions of this Act, and to furnish water to the extent of their means to said city and county in case of fire or other great necessity, free of charge.

SEC. 2. The said Board of Water Commissioners of the City and County of San Francisco, and the Clerk thereof, shall have free access to any records, books, and papers in the offices of any individuals, corporations, companies, or associations engaged, or that may hereafter engage, in the business of supplying water to the inhabitants of the City and County of San Francisco; and said Board of Water Commissioners of the City and County of San Francisco, and the several members thereof, and the Clerk thereof, shall have the same power as Courts of record to administer oaths and affirmations, to examine witnesses and compel their attendance before the Board last aforesaid, and the production of papers, by subpæna, and attachment for contempt in case of their refusal to appear or to testify when lawfully required for the purposes of said Act and of this Act.

Sec. 3. The Board of Supervisors of said city and county are hereby empowered, by ordinance, to provide regulations to prevent waste, by consumers, of the waters supplied for their use, as hereinbefore mentioned; and any violation of the provisions of such ordinance is hereby declared to be a misdemeanor, punishable by such penalty as may be prescribed by said Board of Supervisors.

SEC. 4. The provisions of the Act to which this Act is amendatory and supplementary, and this Act, shall be applicable to all corporations engaged in, or which may hereafter engage in the business of supplying water to the inhabitants of the City and County of San Francisco.

SEC. 5. This Act shall take effect immediately.

Misdemeanor.

CHAP. DI.-An Act to pay the claim of George W. Wheelock

[Whitlock.]

[Approved April 3, 1876.) The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. The sum of four hundred and fifty dollars is appropriahereby appropriated out of the General Fund in the State treasury, of any moneys not otherwise appropriated, to pay the claim of George W. Whitlock for services rendered the State as messenger and porter in office of State Board of Equalization, from July first, eighteen hundred and seventyfour, to January first, eighteen hundred and seventy-six, at the monthly rate of twenty-five dollars.

SEC. 2. This Act shall take effect immediately.

tion.

CHAP. DII.—[See volume of Amendments to the Codes.]

CHAP. DIII.--- An Act to transfer certain funds in the State treasury belonging to the State Harbor Commission.

[Approved April 3, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The State Treasurer is hereby directed to close Treasurer to the account in his office known as the “San Francisco Harbor Protection Fund,” and to transfer the money to its credit to the account of “San Francisco Harbor Improvement Fund.”

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

transfer funds,

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

CHAP. DV.—[See volume of Amendments to the Codes.]

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

Extension line of street established.

CHAP. DVII.-An Act to open, establish, grade, and macadamize

a public street in the City and County of San Francisco, known and to be called Fifteenth duenue Extension, and to take private lands therefor, and to build and construct a bridge over and across Islais Creck, in said city and county.

(Approved April 3, 1876.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The street known as Fifteenth Avenue, South San Francisco, in the City and County of San Francisco, shall, subject to the provisions of this Act, be extended northwesterly in a straight line across Islais Creek, to the easterly line of the San Bruno Road, in said city and county, so that the northern and southern lines of said extension shall be the prolongation of the northern and southern lines of said Fifteenth Avenue, as laid down upon the official map of said city and county, from the present terminus of Fifteenth Avenue on “S” Street, to the easterly line of said San Bruno Road, and all the private lands lying, being, and situate within and between said lines so prolonged and the said easterly line of the San Bruno Road, are hereby taken and dedicated for an open and public street, and when paid for as hereinafter provided, the title thereto shall vest in said City and County of San Francisco for such purposes, forever, as the title of other public streets in said city and county is now vested; and said street shall hereafter be known and designated as "Fifteenth Avenue Extension." The grade of said extension shall be established and adjusted by the Board of Supervisors of said city and county, which is hereby empowered to pass all necessary orders for that purpose.

SEC. 2. The value of the land taken for said Fifteenth

Avenue Extension, and the damages to improvements grading, etc. thereon, or adjacent thereto, injured thereby, the expenses of

filling, grading, and macadamizing said Fifteenth Avenue
Extension, and Fifteenth Avenue, from the westerly line of
Railroad Avenue to "S" Street, and all other expenses what-
soever incidental to the taking and opening thereof, and the
construction of a bridge across Islais Creek, and all other
work provided for in this Act, shall be held and considered
to be the cost of opening said Fifteenth Avenue Extension,
and shall be defrayed and paid by assessment, not to exceed
thirty thousand dollars, gold coin, which shall be made by ·
the Board of Commissioners hereinafter provided for, on
the lands mentioned and described in the following section
of this Act, in proportion to the benefits accruing therefrom
to the several lots, pieces, and subdivisions of said land,
respectively, which said lands are hereby declared to be
benefited by the opening of said Fifteenth Avenue Extension,
the filling, grading, and macadamizing aforesaid, and the
construction of said bridge over Islais Creek; and the assess-
ment, when collected, shall be kept by the Treasurer of said
city and county as a separate fund, to be known and desig-

Damages to рrореrtу. and costs of

essed for

nated as the “Fifteenth Avenue Extension Fund," and the same shall not be used or paid out except as by this Act provided.

SEC. 3. The cost and expense of the opening, filling, Lands grading, and macadamizing of said Fifteenth Avenue Exten- improved sion, and Fifteenth Avenue from Railroad Avenue to “S”ments. Street, and of the construction of a bridge across Islais Creek, including all costs and expenses whatsoever incidental thereto, shall be assessed on all the lots, pieces, and subdivisions of lands included within the following described area of lands, improvements excepted—that is to say : Commencing at the northeasterly corner of Eighteenth Avenue and “S” Street, and running thence easterly along the northerly line of Eighteenth Avenue to the easterly line of Railroad Avenue; thence southerly along said easterly line of Railroad Avenue to the northerly line of Twenty-first Avenue; thence southeasterly along said northerly line of Twenty-first Avenue to the Bay of San Francisco; thence along the shore of said bay to the southerly line of Fourteenth Avenue; thence north westerly along said southerly line of Fourteenth Avenue to the westerly line of "L" Street; thence northerly along said westerly line of “L” Street to the southerly line of Eleventh Avenue; thence northwesterly along said southerly line of Eleventh Avenue to Street next easterly of Islais Creek; thence southwesterly along the easterly line of said Street to a point thereon three hundred feet north of the northerly line of Fifteenth Avenue; thence northwesterly across Islais Creek, on a line parallel with the northerly line of Fifteenth Avenue prolonged northwesterly, and three hundred feet therefrom, to the easterly line of the San Bruno Road; thence at right angles southerly six hundred feet; thence at right angles southeasterly to the easterly line of "S" Street; and thence southwesterly along said easterly line of "S" Street to the northeast corner of Eighteenth Avenue and “S" Street, and the point of commencement.

SEC. 4. If within the period of ninety days from and when after the passage of this Act it should appear to the satisfac- protests. tion of the Board of Supervisors that the owners of one-fourth in value of the property described in section three of this Act are opposed to the prosecution of the work, then and in that event the proceedings shall cease till the parties objecting withdraw their protest. The Mayor of said City and Mayor to County of San Francisco is hereby authorized and empow-uppointComered to appoint three citizens of said city and county, who shall, upon acceptance of said appointment, constitute and become a Board of Commissioners, to be known and designated as the "Board of Fifteenth Avenue Extension Commissioners;” and said Board of Commissioners are hereby authorized, empowered, and directed to perform all and singular the duties and acts herein enjoined upon it, which shall be performed as herein provided. Each of the members of said Board shall, before entering upon the duties of Commissioner, take the usual oath of office, and give a bond, with two sureties, to be approved by said 'County Judge, in

Bonds.

Salaries.

Powers and duties of Commissioners.

the penal sum of five thousand dollars, payable to the people of the City and County of San Francisco, for the faithful performance of his duties. Each of said Commissioners shall receive a compensation of six hundred dollars for his services. The said Board shall elect one of the members thereof President of said Board. Each of the members of said Board may administer oaths to any person to be examined by or before them, but no charges shall be made therefor. The said Board of Commissioners may cause to be made, and may adopt such surveys, plans, diagrams, maps, block-books, abstracts of title of property, or any other matter for data, as, after examination, shall meet its approval ; it may also alter, modify, or reject the same, or any part thereof, and make new surveys, plans, maps, block-books, or other exhibits necessary or convenient for the prosecution of its duties, under the provisions of this Act. And the said Board, for the better execution of its duties and functions as defined in this Act, may employ such surveyors, clerks, draughtsmen, or other persons, as in its judgment and discretion shall be necessary, but at rates of compensation not exceeding those ordinarily paid for like services by private parties; and such expenses and the expenses of all such employés shall be paid out of the fund herein and hereby created.

SEC. 5. The said Board of Commissioners, having adopted surveys, plans, maps, block-books, or other working exhibits, as hereinbefore mentioned, shall proceed to ascertain and determine, and separately state and set down in a written report, to be signed by at least a majority of said Board, the description and actual cash value of the several lots and subdivisions of land included in the land taken for said Fifteenth Avenue Extension, and the amount of damages that will be occasioned to the property along the line and within the course of said avenue; also, the cost of filling and grading to the official grade and inacadamizing said Fifteenth Avenue Extension, and of the construction of a bridge across Islais Creek. In making said report, said Board shall severally specify and describe each lot, subdivision, or piece of property taken or injured, and shall set against each lot, subdivision, or piece of property the names of the owners, occupants, and claimants thereof, or of persons interested therein, as lessees, incumbrancers, or otherwise, and the particulars of their interests, respectively, so far as the same can be reasonably ascertained, and the amount of value or damage determined upon for the same, respectively. If in any case said Board shall find that conflicting claims of title exist, or shall be in ignorance or doubt as to the ownership of any parcel of land, or of any interest therein, it shall be set down as belonging to unknown owners. Said Board shall also proceed to ascertain and determine, and separately state and set down in the report, a description of the several subdivisions and lots of land included in the district defined in this Act, and opposite to such description shall set, against each lot.or subdivision, the sum or amount in which, according to the judgment and determination of said Board, the

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