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CHAP. CLXVIII.-An Act to authorize the Controller and
Treasurer of State to transfer certain funds.

[Approved March 9, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Controller and Treasurer of State are Transfer of hereby authorized to transfer the balance remaining to the funds. credit of the State Capitol Fund, the State Normal School Building Fund, the Military Fund, and the Special Insane Asylum Fund to the General Fund.

SEC. 2. Whenever the holder of any warrant drawn on Duty of either of the funds mentioned in section one of this Act, that Controller. has been canceled under the provisions of section five of an Act entitled an Act prescribing certain duties to be performed by the State Controller, State Treasurer, and State Board of Examiners, approved February twentieth, eighteen hundred and seventy-two, demands such warrant from the Controller, it shall be the duty of the Controller to issue a new warrant for the same amount, in the name of the same person, and payable out of the General Fund.

certain

SEC. 3. All money hereafter paid into the State treasury, Disposal of arising from delinquent property tax which, under existing money. laws, would be placed in the funds mentioned in section one of this Act, must be placed in the General Fund. SEC. 4. This Act shall take effect immediately.

CHAP. CLXIX.-An Act to ratify and confirm ordinance number sixty-four, passed by the City Council of the City of Stockton and approved by the Acting Mayor of said city on the eighth day of December, A. D. eighteen hundred and seventy

seven.

[Approved March 9, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Whereas, the City Council of the City of Stock- Preamble. ton passed an ordinance, which was approved by the Acting Mayor of said city on the eighth day of December, A. D. eighteen hundred and seventy-seven, which ordinance is in words and figures following: Ordinance number sixty-four, authorizing the receipt and disposal of certain lands. The Mayor and City Council of the City of Stockton do ordain as follows: Section 1. The City of Stockton hereby agrees Agreement. to receive from R. B. Lane a deed in due form of law, conveying to the City of Stockton that certain piece, parcel, or tract of land situate, lying, and being in the said City of

recorded.

Stockton, and known and described on the official maps and plats thereof as being that certain portion of block number nine and one-half, south of Mormon Channel, described as Description. follows, viz.: Commencing for the same at a point on the northeast corner of lot number three, in said block number nine and one-half, south of Mormon Channel, and running thence north one hundred feet to the northeast corner of said block; thence west one hundred feet; thence southeasterly in a direct line to the point of beginning. Section 2. Deed to be The President of this Council, as Acting Mayor of said City of Stockton, is hereby authorized to receive said deed, and to cause the same to be recorded in the office of the County Recorder of San Joaquin County, State of California, Conveyance Section 3. In consideration of the execution and delivery of of land. said deed by said Lane, and of the corporate benefit thereby secured, the City of Stockton hereby agrees to convey to the said R. B. Lane, by proper deed, the following piece, parcel, or tract, of block number five, south of Mormon Channel, in said City of Stockton, and described as follows, viz.: Description. Commencing for the same at a point on the northeast corner of lot number five, in said block number five, south of Mormon Channel; thence running south one hundred feet to the northwest corner of lot number fifteen, in said block number five; thence easterly along the north line of said lot number fifteen one hundred feet; thence northwesterly in a direct line to the point of beginning. The conveyance by the City of Stockton, in section three hereof named, shall be executed in the corporate name aforesaid, and have the seal of the corporation thereto affixed; and the President of this Council, as Acting Mayor of said city, is hereby empowered and directed to affix the corporate name and the common seal aforesaid to such deed, and to acknowledge and deliver the same to said R. B. Lane, and the said deed shall be in all other respects sufficient to pass the title of the City of Stockton in and to the premises described therein to the grantee aforesaid. Passed the third day of December, A. D. eighteen hundred and seventy-seven. J. Salz, President of City Council, Acting Mayer; Julius Steiny, City Clerk. It is therefore enacted that said ordinance is hereby ratified and confirmed, and that the conveyance made under and pursuant to the terms of said ordinance, and the exchange of real property therein provided for, are hereby ratified and confirmed.

CHAP. CLXX.-An Act to amend an Act entitled an Act to widen English Street, in the City of Petaluma, and to take private lands therefor, approved March twenty-fifth, eighteen hundred and seventy-six.

[Approved March 9, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

928.177

SECTION 1. Section one of said Act is hereby amended to Street to be read as follows: Section 1. The Board of Trustees of the widened. City of Petaluma shall have power to determine, by order, to widen English Street, from Main Street to Howard Street, to a uniform width of seventy (70) feet, and Western Avenue, from Howard Street to the city limit, to a uniform width of seventy-two feet six inches, and that it will be necessary to take private lands for that purpose, and for that purpose shall enter in their minutes a resolution or ordinance declaring such determination, containing a description of the lands so deemed necessary, and also all that part of said City of Petaluma which they adjudge will be benefited by said improvement and which ought to bear the expense thereof. Such descriptions to be made with like certainty, as is required by law in complaints in actions in ejectments, to refer to all such lands by the numbers of the lots of which they are composed or form a part, as the same are laid down upon the official map of said city. Such resolutions or Publication ordinance of their intention shall be published for two successive weeks, in a newspaper published in the Town of Petaluma, with notice to all parties interested to file remonstrances with the City Clerk on or before the day of the next regular meeting of the Board of Trustees.

of resolu

tions.

SEC. 2. Section six of said Act is hereby amended to read as follows: [Section 6.] The said Commissioners shall be Duty of Com sworn to faithfully discharge their duties according to the missioners. provisions of this Act. They shall proceed to view the lands and tenements mentioned and described in the notice, ordinances, resolutions, and map aforesaid, and may examine witnesses on oath, to be administered by either of them, and shall keep minutes of the testimony so taken. They shall appraise the damages which the owner or owners, or those having a less than freehold estate of the lands and tenements to be taken for such public improvement, will severally receive by being deprived thereof, and shall assess and apportion the whole amount of such damages, together with the costs and charges of said Board of Trustees, and the costs of said proceedings in Court, and of said Commission, to be taxed and allowed by the said Court upon the owners of lands and tenements within the territory deemed by the resolution and ordinance of said City Board of Trustees to be benefited by such improvement, as near as may be in proportion to the benefit which each shall be deemed to acquire by the making thereof; provided, that no damage shall be allowed for the injury or removal of any building

erected on any of said lands after the filing of said map;
and provided further, that all proceedings instituted or to be
instituted under and by virtue of this Act shall be continued
or commenced in the Twenty-second Judicial District.
SEC. 3. This Act shall take effect immediately.

Salary of Superintendent.

CHAP. CLXXI.-An Act to fix the salary of the Superintendent of Public Schools in the County of Calaveras.

[Approved March 9, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Superintendent of Public Schools in the County of Calaveras shall receive the sum of four hundred dollars per annum as his salary as Superintendent, and a further sum of one hundred dollars for traveling expenses in visiting the schools of said county, which shall be in full for all services rendered by him as such Superintendent.

SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 3. This Act shall take effect and be in force on and after the first Monday of March, A. D. eighteen hundred and eighty.

Taxes, how

collected.

CHAP. CLXXII.-An Act in relation to road, poll, and property tax in the Town of Crescent City, in Del Norte County.

[Approved March 9, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows :

SECTION 1. The Town of Crescent City, in Del Norte County, levied and for the purposes of levying and collecting road, poll, and property tax, shall not be deemed to be an incorporated town or city, within the meaning of section two thousand six hundred and sixty-four of the Political Code, but road and poll taxes shall be levied and collected in said town in the manner provided for places in the State not incorporated.

SEC. 2. All Acts or parts of Acts in conflict with the provisions of this Act is hereby repealed.

SEC. 3. This Act shall take effect immediately.

CHAP.-CLXXIII.-An Act to provide for the building of a school house in the Fresno City School District, in the County of Fresno, State of California.

[Approved March 9, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

ment for

tions.

SECTION 1. The Board of Trustees of Fresno City School AdvertiseDistrict, in the County of Fresno, State of California, must, plans and as soon as is expedient after the passage of this Act, cause to specificabe advertised, în one or more newspapers published in this State, a notice, for at least the period of twenty days, that said Board will receive plans and specifications, at a time and place therein mentioned, for a school house to be built in the Town of Fresno City, Fresno City School District, in said county, the Board reserving the right to reject any and all of the plans and specifications presented by any architect for the construction of said school house. And in the event of the adoption of any plan and specification presented said Board may allow such architect such compensation for the same as shall be reasonable.

ment for

SEC. 2. Immediately after the adoption of the plans and Advertisespecifications for said school house, said Board of Trustees proposals. must cause to be advertised in one or more newspapers published in this State a notice, for the period of at least twenty days, that said Board will receive sealed proposals and bids, at a time and place therein designated, for the building of said school house in the Town of Fresno City, in said district, in accordance with the plans and specifications adopted; the Board reserving the right to reject any or all of the proposals and bids for the construction of said school house which, in its judgment, may be too high in price; and in the event of the acceptance of any of the proposals and bids of any person or persons for the building of said school house, said Board must award the contract to build said school house to Bond of such contractor, on his furnishing a good and sufficient bond contractor. in double the amount of his bid, conditioned to perform said. contract in a skillful and workmanlike manner, and in strict conformity with the plans and specifications. Said bond must be approved by the County Judge of said County of Fresno. EmploySEC. 3. The Board of Trustees may, if they deem it neces- ment of sary, employ an attorney at law, whose duty it shall be to advise them upon all matters arising under this Act, and to draw up the contract for the erection of said school house, and they are hereby authorized to pay such attorney a reasonable compensation for his services.

attorney.

tendent

SEC. 4. Immediately after awarding the contract for the Superinbuilding of said school house the said Board of Trustees must appointed. appoint a skillful person to superintend the construction of said building, whose duty it shall be to see that the material used in the construction of the same is of the kind and quality contracted for, that the work thereon is done in a good, skillful, workmanlike manner, and generally that all

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