to be published for twenty days in at least one newspaper published in Solano County, and one published in the City and County of San Francisco, and in any other newspaper in the State at their discretion. The notice shall state that sealed proposals will be received by the Board for the purchase of said bonds on the day and hour named in the resolution, and that no bid will be entertained for less than ninety-five per cent. of the par value of said bonds, and that the Board reserves the right to reject any and all bids. bonds. SEC. 13. The Board of Supervisors, at the time appointed, Sale of shall open the proposals and award the purchase of the bonds to the highest responsible bidder. If the bid of the highest bidder does not equal in amount all the bonds offered for sale, then and in that case the said Board may award the purchase of the remaining bonds to the next highest bidder, in accordance with this section. If no bidder attend on the day fixed for the sale of the bonds, or if from any cause the sale of the bonds be not made on said day, then the Board of Supervisors may again advertise for bids in the same manner and for the same time above provided, and shall award the bonds in all respects as herein before provided; but in no event shall any bonds be sold for less than ninety-five per cent. of their par value, and in all cases the Board shall have power to reject any and all bids. SEC. 14. Said bonds shall be sold for gold coin of the United States, which fact must be stated in the notice above provided for. SEC. 15. The Board may sell said bonds, at not less than their par value, without the notice provided for in section twelve (12) of this Act. SEC. 16. Within ten days after the acceptance of any bids for the purchase of bonds the Board shall receive from the bidder the amount bid, and shall deliver to him the bonds purchased. SEC. 17. The County Treasurer and County Auditor shall each keep an account of the bonds issued and the moneys received and disbursed under this Act. SEC. 18. The proceeds of the sale of said bonds shall be Improvedeposited in the county treasury, to the account of a fund to ment Fund. be called the "Court-house Improvement Fund," and shall be applied to the payment of the cost of construction of said fire-proof building and furnishing the same, and the other expenses enumerated in this Act, to be paid out of the moneys resulting from the sale of said bonds; and all moneys remaining in said fund, after paying said several sums, shall be transferred to the General Fund of said county. taxes to be SEC. 19. The Board of Supervisors of the said county are Interest and hereby authorized and directed to levy annually, at the time redemption and in the manner provided by the general revenue laws of levied. the State for general county purposes, a tax on the assessed valuation of the property of said county sufficient to pay the interest on said bonds; and on and after the year eighteen hundred and eighty-two, twenty per cent. of the principal of said bonds; and the County Treasurer of said county is Redemption of bonds. hereby directed to set apart, of the money so raised as aforesaid, an amount sufficient to pay the interest, and also an amount sufficient to pay each and every year, on and after the year eighteen hundred and eighty-three, a sum sufficient to pay one-fifth part of said bonds, and the money so set apart shall be designated and known as the "Court-house Improvement Bond Sinking Fund," and shall not be used in any other way or for any other purpose than above specified. SEC. 20. Not less than two weeks before the first day of January, A. D. eighteen hundred and eighty-three, and each and every year thereafter, the Board of Supervisors of the said county shall give public notice by publication, in not less than one paper printed and published in the said county, and in other papers if, in the opinion of the said Board, such additional published notice is expedient or necessary, that they will redeem a specified amount of the bonds issued under the provisions of this Act. Said published notice shall invite sealed proposals for the surrender of bonds in accordance with the said notice, at the time and place to be set forth in the said publication and notice aforeOpening of said. The County Treasurer of the said county shall, in the presence of the Board of Supervisors, and such other persons as may desire to be present, open the sealed proposals for the surrender of bonds in accordance with the aforementioned published notice, and the said Board may accept only such bids as will redeem the greatest amount of said bonds; provided, that no bonds shall be redeemed at a higher rate than one hundred cents on the dollar. If, at the time set forth in the published notice mentioned in this section, no proposals have been offered for the surrender of bonds in accordance with said notice, the said Board must give notice by publication, in the same manner as is provided for on notice of 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 thirty days from and after the date of the first published notice. proposals. Clerk to keep record of bonds. SEC. 21. The Clerk of the Board of Supervisors of 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, 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. 22. This Act shall take effect immediately. CHAP. CXXVIII.—An Act to ratify and confirm the acts of the [Approved March 4, 1878.] The People of the State of California, represented in Senate and street. SECTION 1. The Mayor and Common Council of the City Opening of of San José are hereby authorized and empowered to open Market Street, in said city, through the plaza known as Market Plaza. Said street shall be opened to the same width as other portions of Market Street contiguous to said plaza, to wit, fifty feet on each side of a line running through said plaza, said line to commence at a point in the center line of Market Street, where said Market Street forms a junction. with San José Street and Guadalupe Street, on the northerly line of said plaza, and running thence southerly through said plaza to a point in the center line of said Market Street where said Market Street forms a junction with San José Street and Guadalupe Street, on the southerly side of said. plaza; the whole width of the street to be opened to be one hundred feet. of SEC. 2. The said Mayor and Common Council, after the Sale of opening of said street, may sell the ground of the plaza groun fronting on either side of said street to parties who own lands around said plaza, and between their respective lots and said street, and said owners of land shall have the privilege of buying such portions of said plaza grounds as are in front of their lots, in preference to all others, provided they do so within the time prescribed by section four of this Act. The Valuation. price demanded for said lands shall be based upon the actual value thereof, and not on the prices at which other lands belonging to said city have been heretofore sold. Said lands may be sold at either public or private sale, and the proceeds thereof shall be paid into the General Fund of said city, and shall be used only for the purpose of building and maintaining public sewers in said city. SEC. 3. The Mayor and Common Council shall, after the Street to be passage of this Act, direct the City Surveyor to survey said surveyed. Market Street through said plaza, according to the description contained in this Act, and also such cross street or streets as may come into or be connected therewith, and shall make plans, diagrams, and specifications of said survey, and present the same to the Mayor and Common Council of said city. Immediately upon the receipt of the plans, diagrams, and specifications of said survey, the Mayor and Common Council shall order the Street Commissioner to proceed at once and open said street, and remove therefrom all fences and other obstructions which may hinder or impede travel thereon. chase of SEC. 4. Those parties wishing and having the privilege of Applica buying said plaza shall make application in writing to the tin for purMayor and Common Council, and, after paying the purchase plaza. money, the said Mayor and Common Council shall make deeds of conveyance to said purchasers; but if the parties owning land around said plaza shall fail, for a period of six months from the passage of this Act, to make such application, then it shall be lawful for any party to make such application, and, by complying with the conditions of this Act, such party shall be entitled to such conveyance. SEC. 5. All Acts or parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. SEC. 6. This Act shall take effect immediately upon its passage and approval. Animals distrained. Expense. Notice to owners. Statement of CHAP. CXXIX.-An Act to protect Agriculture and to provide for the distraining of trespassing animals in the Counties of Los Angeles and Stanislaus. [Approved March 4, 1878.] The People of the State of California, represented in Senate and SECTION 1. Animals found trespassing on lands owned or occupied by any one may be distrained by the party injured, and kept by him at the expense of the owner of such animals until released or sold as hereinafter provided. SEC. 2. The expense of keeping animals so distrained shall be computed as follows, viz.: For horses, mares, jacks, mules, jennets, and horned cattle, twenty cents; for hogs, ten cents, and for sheep and goats, five cents per day for each animal; and said expense shall constitute part of the damages suffered by the distrainor, and may be recovered by him as part of the damages in any action brought by him for the trespassing of said animals. SEC. 3. Within three days after distraining any animals under this Act, the party distraining them shall cause the damage done to be viewed and estimated in writing by two disinterested residents of the county. SEC. 4. If the owner of any animals distrained is known. to the distrainor, he shall cause notice to be given to said owner personally, if he reside within six miles, and otherwise by mail. SEC. 5. The distrainor shall also, within five days after distrainor distraining, give a statement in writing to a Justice of the Peace of the township; which statement shall contain a description of the animals and of their marks and brands, the place where and the date when distrained, and the place where to be held, and the amount of damages assessed by the viewers. It shall also state whether or not the owner of the animals is known or unknown to the distrainor, and shall be verified by him. Publication of notice. SEC. 6. The Justice shall file said notice, and shall post at the front door of the nearest post-office, or as near thereto as practicable, and also at the front door of the place where he holds Court, a written notice containing all the matters spec ified in the preceding section to be contained in the distrainor's statement, and also a statement that unless the animals are reclaimed and released, as hereinafter provided, within seven days from the date of said notice, which shall be the day of posting, the said animals will be sold at the place specified in the notice as the place where they were to be kept, at twelve o'clock M. of the second day after the expiration of said seven days. animals, how made. SEC. 7. The owner of any animals distrained may at any Release of time before their sale pay to the Justice, to whom notice shall o have been given as aforesaid, the amount of the expense of keeping said animals incurred by the distrainor and the damages suffered by him as assessed by the viewers, and the costs of said Justice; or he may give to said Justice an undertaking of two sufficient undertakers, residents of the county, to be approved by him, in double the amount of said expenses, damages, and costs, that they will pay to the distrainor the amount of any judgment that may be recovered by him for the trespassing of said animals and the expense of keeping them, and that they will also pay to the Justice his fees, in the event of such judgment. Whereupon the Justice shall give him an order reciting the receipt of said money or undertaking, and directing the distrainor to release said animals, and upon the presentation of said order the same shall be released. animals. SEC. 8. If the animals be not reclaimed and the expenses, Sale of damages, and costs paid, or the undertaking given, as speci- stained fied in the last section, within the seven days specified in the notice aforesaid, the Justice shall issue an order to a Constable of the township to sell said animals at the time and place specified in the notice aforesaid, and said sale shall be made accordingly. SEC. 9. The animals sold shall be redeemable at any time Animals within two months by payment to the purchaser, or to the redeemable. Justice, the amount of the purchase money, with ten per cent. added thereto, and the expense of keeping said animals, estimated as specified in section two, but if not redeemed in two months the sale shall be absolute. SEC. 10. The Justice, after deducting the amount of his Duty of fees and those of the Constable, and the amount of any Justice. money taken in execution as hereinafter provided, shall, within two months, pay the surplus to the County Treasurer, accompanying the same with a detailed list of the animals sold and the amount received for each, which list shall contain all the matters specified in section five, and shall take duplicate receipts therefor, one of which shall be by him filed with the County Recorder. party. SEC. 11. The party injured shall have a lien upon the Lien of animals distrained until their sale, and afterwards upon the injured proceeds of their sale, after deducting the Justice's and Constable's fees, for the damages suffered and the expenses incurred by him; and an execution upon any judgment recovered by him may be levied upon said animals, or, after the sale, upon the proceeds of the sale thereof, as well as other property, and the proceeds of the sale, or so much. |