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CHAP. CCV.-An Act for the relief of Thomas Mollay, Road
Overseer of Brooklyn Road District, Alameda County.

[Approved March 14, 1878.]

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

tion author

SECTION 1. The Auditor of Alameda County is hereby Appropriadirected to draw his warrant upon the Brooklyn District Road ized. Fund for the sum of one thousand dollars, in favor of Thomas Molloy, Road Overseer of said district, in consideration of services rendered from June, eighteen hundred and seventyfour, to January, eighteen hundred and seventy-eight, and in addition to the amount already allowed; said warrant to be paid in the same manner as other warrants drawn upon said fund.

SEC. 2. All Acts or parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

SEC. 3. This Act shall be in force from and after its passage.

CHAP. CCVI.-An Act to regulate the salary of the Road Overseer of Brooklyn Road District, Alameda County.

[Approved March 14, 1878.]

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

SECTION 1. From and after January first, eighteen hun- Salary dred and seventy-eight, and so long thereafter as Brooklyn of Road Road District, in Alameda County, as now constituted, shall remain undivided, the Road Overseer of said road district shall receive for his services, from moneys coming into his hands as such Road Overseer or into said fund, the sum of five hundred dollars per annum, to be allowed and ordered paid by the Board of Supervisors of said county, one-half of said sum to be paid in July and one-half in December of each year; provided, that if, at any time after the passage of this Act, said Brooklyn Road District shall be divided into two or more road districts, the Road Overseer, of said last mentioned road district shall receive for their services the same compensation as other Road Overseers in said county. SEC. 2. All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

SEC. 3. This Act shall be in force from and after its passage.

Money appropriated for chari

table societies.

CHAP. CCVII.-An Act relative to the appropriation of moneys by the Common Council of the City of Oakland to certain benevolent societies out of the public funds of said city.

[Approved March 14, 1878.]

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

SECTION 1. The Common Council of the City of Oakland may, at its discretion, appropriate monthly out of the moneys now or hereafter to be collected as fines in the Police Court of said city, one-fourth of said amounts so collected, for the use and benefit of the Oakland Benevolent Society and the Ladies' Relief Society of said city, and each society shall receive an equal portion of the amount so appropriated; provided, the same shall be expended for charitable purposes exclusively.

SEC. 2. This shall take effect immediately.

Presentation

CHAP. CCVIII.-An Act amendatory of and supplementary to an Act entitled "An Act appointing and empowering Chas. F. Irwin a Trustee to execute certain trusts, directing the manner of executing the same, and the use of the funds issuing therefrom," approved March eighth, eighteen hundred and seventysix.

[Approved March 14, 1878.]

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

SECTION 1. Section two of said Act is hereby amended so of affidavit. as to read as follows: Section 2. Every person, company, or corporation, claimant of any lot or parcel of land within the limits of said city, who, prior to the passage of this Act, shall not have complied with the provisions of the said Act of March twenty-fourth, one thousand eight hundred and sixtyeight, or with the provisions of an Act of the Legislature of this State entitled "An Act to authorize the City Clerk of the City of Placerville to execute certain trusts in relation to the lands granted to said city," approved March twenty-eight, one thousand eight hundred and seventy-four, may at any time prior to the first day of June, A. D. one thousand eight hundred and seventy-eight, present to said Trustee, Charles F. Irwin, an affidavit, verified in person, or by duly authorized agent or attorney, in which affidavit shall be concisely stated the facts constituting the possession or right of possession of the claimant, and showing to the best of affiant's knowledge and belief that said claimant is entitled to the possession of such lot or parcel of land as against all other persons or associations, to which affidavit shall be attached a copy of so much of the plat of said city as will fully

assessment.

exhibit the particular lot or parcel of land so claimed, with
the abuttals. And every such claimant, at the time of present- Payment of
ing such affidavit, shall pay to said Trustee, for the uses
hereinafter prescribed, such sum of money as shall be due
thereon for assessment, as mentioned or required by section
six of said Act of March twenty-fourth, one thousand eight
hundred and sixty-eight, or by any other Act or Acts relat-
ing to the same subject; and said Trustee shall thereupon
give to such claimant a certificate, containing a description
of the lot or parcel of land claimed, and setting forth the
amount paid thereon by said claimant.

SEC. 2. Section three of said Act is hereby amended so as Deed of
to read as follows: Section 3. At the expiration of thirty premises.
days from and after the first day of June, one thousand eight
hundred and seventy-eight, any person, association, or claim-
ant to whom a certificate shall have been issued, as provided
in the preceding section, or who may heretofore have received
a similar certificate from the corporate authorities or City
Clerk of said city, may present the same to said Trustee, and
if no adverse claim shall have been presented to said Trus-
tee, he shall execute and deliver to such claimant, or to his,
her, or their heirs, administrators, assigns, or legal repre-
sentatives, a deed of the premises described in such certifi-
cate, designating and describing the same by number of the
lot and block, as shown upon the official plat and map of
said city; and that all deeds heretofore executed and Certain
delivered by said city authorities, or by any de facto Trustee deeds
of said trust, to any claimant or claimants, his, her, or their
assigns and legal representatives, are hereby legalized, con-
firmed, and established, and shall be taken, deemed, and
adjudged as good and sufficient conveyances, in fee simple,
of the lot or lots, land or lands therein described.

legalized.

settled.

SEC. 3. Section four of said Act is hereby amended so as Adverse to read as follows: Section 4. In case of any adverse claim claims, how to any such lot or parcel of land, or conflict of boundary lines relating thereto, the party out of possession shall commence his action in a Court of competent jurisdiction, within thirty days from and after said first day of June, one thousand eight hundred and seventy-eight, and shall, within said time, serve a notice of the pendency of such action upon said Trustee; and said Trustee shall execute and deliver a deed in accordance with the final judgment rendered in such action; provided, if no such action shall be commenced within thirty days from and after said first day of June, one thousand eight hundred and seventy-eight, a deed shall be executed and delivered by said Trustee to the party in possession, who shall have made the proof and payment as herein before provided.

quent land.

SEC. 4. If any person, association, or corporation claim- Sale of delinant of any of said lands, who has not already made proof and payment for the same as required by law, shall fail, neglect, or refuse to make application to said Trustee for a deed of conveyance to the lands so claimed, and to make the proofs and payment for the same as hereinbefore provided, on or before the first day of June, one thousand eight hundred

7

Trustee

to give certificate of purchase.

Redemption of land;

and seventy-eight, the same shall be deemed delinquent for the amount of assessments due thereon, to be determined in accordance with the provisions of said Act of March twentyfourth, A. D. one thousand eight hundred and sixty-eight. The said Trustee shall proceed to offer, at public auction, in front of the Court-house in said city, to the highest bidder, for gold and silver coin, all such parcels of land so delinquent, after first giving notice of the time and place of sale, by publication in a weekly newspaper published in said city, if there be one, if not then by written or printed notices, posted in three public places in said city, for a period of not less (than) twenty days. Such notice shall state the number of the lot and block, and the amount of the assessment due upon each lot so delinquent. Said Trustee shall give to the purchaser at such sale a certificate of his purchase, setting forth therein the number of the lot sold, and the number of the block in which the same is situated, the amount paid therefor, and that the same is subject to redemption as prescribed in the next section; provided, that no sale shall be made for less than the whole amount of assessments and the costs of making the sale, which costs shall be divided pro rata among the several parcels offered for sale.

SEC. 5. At any time within three months after such sale, how made. the original claimant or his successor in interest of any lot so sold, may redeem the same by paying to the purchaser, or the said Trustee for the purchaser, in gold or silver coin, the amount of such purchase money, with ten per cent. thereon added; but in case no redemption be made, the purchaser, his heirs, or assigns shall be entitled to demand and receive from said Trustee a deed of such premises, which deed shall be absolute against the parties delinquent, and shall entitle the grantee, his heirs and assigns to a writ of assistance from the District Court having jurisdiction in the premises. In case a redemption be made as herein provided, said Trustee shall, from the money received of the purchaser at such sale, deduct the amount of the delinquent assessment upon any such lot, together with the costs of sale, and pay over the residue, on demand, to the redemptioner or his assigns.

School

district formed.

CHAP. CCIX.-An Act to authorize the formation of a new school district out of portions of other school districts in Lake County.

[Approved March 14, 1878.]

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

SECTION 1. The Board of Supervisors of Lake County may at their option, and if they shall deem it for the best interest of all the parties concerned, form a new school district of the western portion of Uncle Sam School District,

and portions of adjoining districts, when the parents or guardians of fifteen census children residing in such proposed new district present a petition to the Board of Supervisors, setting forth the boundaries of the said district asked for, and an actual necessity therefor.

SEC. 2. This Act shall take effect immediately.

CHAP. CCX.-In relation to the collection of licenses in Alameda
County.

[Approved March 14, 1878.]

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

Constables.

SECTION 1. It is hereby made the duty of the Constables Duty of of Alameda County to enforce the collection of licenses in their respective townships, and to require any person who carries on or attempts to carry on business to first procure a license, as is now provided by law, from the License Collector; provided, nothing in this Act shall apply to any incorporated city or town.

SEC. 2. In case any Constable in said county discovers Power of any person or persons within his township violating any of same. the provisions of the Political Code of the State of California in relation to the collection of taxes he shall have the same power to enforce the collection and receive the same compensation as allowed the Collector and as provided in section three thousand three hundred and sixty of said Code.

SEC. 3. Any license tax recovered under the provisions. of this Act shall, within ten days from its receipt, be paid over to the License Collector of said county.

SEC. 4. This Act shall be in force from and after its passage.

CHAP. CCXI.-An Act to amend an Act entitled an Act to fix the salary and bonds of the Treasurers of Fresno and Kern Counties, approved March the third, eighteen hundred and seventyfour.

[Approved March 14, 1878.]

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

Treasurers.

SECTION 1. The Treasurers of Fresno and Kern Counties Compensashall receive, in full compensation for all their official services in of as Treasurers, as required by law or by virtue of their offices, the sum of fifteen hundred dollars per annum; provided, that they shall also receive for their own use and benefit all commissions, percentage, and mileage, now allowed by law.

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