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Berths and slips.

Wharfage

and tolls; how enforced.

Harbor Commissioners, in the name of the people of the State, for the estates and rights, and in the manner provided in Part Three, Title Seven, of the Code of Civil Procedure; and said Commissioners are authorized to pay out of the Harbor Improvement Fund any compensation and damages assessed in such proceedings. But said Commissioners, for the purpose of obtaining the material for such construction, may enter into contract without resorting to such proceedings.

SEC. 8. The Commissioners are authorized to assign berths and slips for the exclusive use of sea-going steamers, ferry boats, and steamboats navigating the waters of the Bay of San Francisco and its tributaries, and to construct suitable offices, sheds, and inclosures for the accommodation of their business, and may charge for such exclusive use, a reasonable sum, irrespective of their tonnage or the number of days such berth is occupied.

SEC. 9. For the purpose of enforcing the charge for wharfage or tolls on goods, wares, and merchandise landed on any wharf, pier, or thoroughfare, or remaining thereon longer than the time prescribed by the Harbor Regulations, the said Commissioners are authorized to take possession of such goods, wares, and merchandise, and if such charge be not paid within two days thereafter, may remove and store the same at the charge, risk, and expense of the owner or consignee thereof, or may sell the same by public auction, with Removal of or without notice, at their discretion; and for the purpose of obstruction. keeping the wharves, piers, and thoroughfares free of obstructions, the said Commissioners shall cause a written notice to be served on the owner, agent, consignee, or person in possession of any such obstructing material or structure, or may post a notice thereon, at their discretion, requiring its removal within twenty-four hours thereafter; and, on failure to comply therewith, the Commissioners may remove, store, or sell the same by public auction, at their discretion. From the proceeds of any such sale, they shall retain all the wharfage and tolls due, with ten per cent. thereon, and in case of obstructions, twenty-five dollars for each and every [day] during which the wharf, pier, or thoroughfare has been obstructed, and also all the expenses attending such sale, and the surplus, if any, shall be paid to the proper party. Such sale shall be made subject to immediate removal.

Penalty for

non-payment

SEC. 10. Any water-craft that shall leave any wharf, pier, of wharfage. quay, landing, thoroughfare, slip, dock, or basin, unless forced to do so by stress of weather, without first paying the dockage due from such vessel, shall be liable to pay, in addition to the penalty prescribed by Section 2524 of the Political Code, the sum of ten dollars.

SEC. 11. This Act shall take effect from and after its passage.

CHAP. CCXX.-An Act to amend an Act in relation to the government of the County of Sacramento, approved March thirtieth, eighteen hundred and seventy-four.

[Approved March 16, 1878.]

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

SECTION 1. Section 2 of an Act in relation to the govern- Salary of ment of the County of Sacramento, approved March 30th, Sheriff. 1874, is amended to read as follows: Section 2. The Sheriff of Sacramento County shall receive an annual salary of eight thousand dollars for services as such Sheriff, and an annual salary of one thousand dollars for services as ex officio Tax Collector, and five per cent. for commissions upon all delinquent taxes collected; and the per cent. now allowed the Tax Collector for collection of licenses, which shall be in full for all services rendered by him or his deputies as such Sheriff or Tax Collector.

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Auditor.

SEC. 2. Section 3 of said Act is amended to read as fol- Salary of lows: Section 3. The Auditor of Sacramento County shall receive an annual salary of three thousand five hundred dollars, which shall be in full compensation for all services rendered by him or his deputies as either Auditor and Recorder.

SEC. 3. Section 5 of said Act is amended to read as follows: Section 5. The Treasurer of Sacramento County shall receive an annual salary of two thousand dollars.

Clerk.

SEC. 4. Section 6 of said Act is amended to read as fol- Salary of lows: Section 6. The County Clerk of Sacramento County County shall receive an annual salary of six thousand dollars, which shall be in full compensation for all services rendered by him or his deputies as such County Clerk, or as Clerk of any Court, Clerk of the Board of Supervisors, or Swamp Land Commissioners, or as Commissioner.

District

SEC. 5. Section 7 of said Act is amended to read as Salary of follows: Section 7. The District Attorney of Sacramento Attorney. County shall receive an annual salary of thirty-six hundred dollars.

SEC. 6. This Act shall be in force from and after the first Monday in March, 1880.

Fees of

County
Recorder.

Fees of same as ex officio Auditor.

CHAP. CCXXI.-An Act to regulate the fees and establish the compensation of the County Recorder of the County of Placer, and to repeal an Act entitled "An Act to fix the salary of the County Recorder of the County of Placer," approved March twenty-seventh, eighteen hundred and seventy-four.

[Approved March 16, 1878.]

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

SECTION 1. The County Recorder of Placer County shall receive to his own use for his services as County Recorder, and for the services of all deputies and assistants, and to that end may lawfully charge and collect, in the gold and silver coin of the United States therefor, the fees following, to wit: For recording any instrument, paper, or notice, when required, for each folio, fifteen cents; for copies of any record or paper, per folio, fifteen cents; for filing or receiving every instrument for record, and making the necessary entries thereon, fifteen cents; for making in the several indexes required all the entries required of the filing and recording any instrument, paper, or notice, and for each name thereon so indexed, twenty-five cents; for each certificate under seal, fifty cents; for the entry and taking acknowledgment of every discharge of mortgage or other instrument on margin of record, or for entering credit thereon, or witnessing same, fifty cents; for searching records and files in his office, for each year, when required, twenty-five cents; for abstract of title, for each conveyance or incumbrance certified, fifty cents; for recording every plat or map, for each course, ten cents; for figures and letters on plats or maps, per folio, twenty-five cents; provided, the fees for the recording any town plat shall not exceed one hundred dollars; for taking acknowledgments, including seal, for the first signature, fifty cents; for each additional signature, ten cents; for recording marriage license and certificate, to be paid by the County Clerk, one dollar; for recording transcript, and for all other services in estray cases, fifty cents; for recording each mark or brand, fifty cents; for administering oath or affirmation and certifying same, twenty-five cents; for recording mining claims and water rights, the same fees as are allowed for recording other instruments; for filing, indexing, and keeping each document not by law required to be recorded, fifty cents. For all services not herein enumerated, said Recorder shall be entitled to receive therefor such compensation as is prescribed by law.

SEC. 2. Said County Recorder, who is and shall be ex officio Auditor of Placer County, shall be entitled to demand and receive in said coin, to his own use, for his services as such Auditor, the fees and compensations following, to wit: On all moneys paid into the county treasury of said county during any fiscal year, on the first twenty thousand dollars, two per centum; on all sums over twenty thousand dollars and less than forty thousand dollars, one and one-half per

centum; on all sums over forty thousand dollars and less than sixty thousand dollars, one per centum; on all sums over sixty thousand dollars, one-half of one per centum; provided, that he shall not receive any percentage on moneys paid into the county treasury for school purposes. For all other services not herein enumerated, said Auditor shall be entitled to receive therefor such compensation as is prescribed by law.

SEC. 3. An Act entitled "An Act to fix the salary of the County Recorder of the County of Placer," approved March twenty-seventh, eighteen hundred and seventy-four, is hereby repealed.

SEC. 4. This Act shall take effect and be in force on and after the first Monday of March, A. D. 1880.

CHAP. CCXXII.-An Act to fix the fees of Justices of the Peace for the County of Contra Costa.

[Approved March 16, 1878.]

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

Justices of

SECTION 1. Each Justice of the Peace in and for the County Fees of of Contra Costa shall be allowed in a civil action before him, the co for all services required to be performed by him, before trial, two dollars, and for the trial and all proceedings subsequent thereto, including all affidavits, swearing witnesses and jury, and the entry of judgment and issue of execution thereon, three dollars; and in all cases where judgment is rendered by default or confession, for all services, including execution and satisfaction of judgment, three dollars; for all services and proceedings in a criminal action or proceeding, whether on examination or trial, three dollars; for taking bail after commitment by another Magistrate, fifty cents; for certificates, and transmitting transcript and papers on appeal, one dollar; for copies of papers or docket, per folio, fifteen cents; for issuing a search warrant, to be paid by the party demanding the same, fifty cents; for celebrating a marriage, and returning a certificate thereof to the County Recorder, three dollars; for taking an acknowledgment of any instrument, for the first name, fifty cents, for each additional name, twentyfive cents; for taking depositions, and for taking down testimony, per folio, fifteen cents; for administering an oath, and certifying the same, twenty-five cents; for issuing a commission to take testimony, fifty cents; for all services connected with the posting of estrays, including the transcript for the Recorder, two dollars. In cases before said Justices of the Peace, where the venue shall be changed, the Justice before whom the action shall be brought, for all services rendered, including the making up and transmission of the transcript and papers, shall receive two dollars; and

the Justice before whom the trial shall take place, shall receive the same fees as if the action had been commenced before him.

SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act, as far as they relate to fees of Justices of the Peace in and for the County of Contra Costa, are hereby repealed.

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

Powers conferred on Board.

Acceptance

sewer.

CHAP. CCXXIII-An Act to confer additional powers on the Board of Supervisors of the City and County of San Francisco, to provide for the opening of Army Street, and the condemnation of private property therefor.

[Approved March 16, 1878.]

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

SECTION 1. The Board of Supervisors of the City and County of San Francisco are hereby authorized and empowered:

First-To receive and accept from the owners or claimants of land for of the lots and lands lying contiguous to "Precita Creek, from the old San José road to the San Bruno road of said city, a deed or deeds of a tract of land, not less than sixtyfour feet in width and without abrupt curves or short angles, to be located on a line to be located by and to be satisfactory to said Board of Supervisors, for the construction of a sewer therein and for the purposes of a public street.

Purchase of land for sewer.

Condemnation to acquire title.

Second-The said Board of Supervisors are hereby authorized and empowered to acquire (by purchase, for such consideration as to said Board shall seem reasonable,) any of the lots or lands herein before described, for the purposes of said sewer and street, as cannot be acquired by voluntary gift or donation, and to order payment of such considerations out of the General Fund of the treasury of said city and county. Third-For the purpose of acquiring title to all such portions of said lots and lands as may not be acquired under the provisions of the first and second subdivisions of this section, the said Board of Supervisors are hereby authorized and required to cause the same to be condemned and appropriated to public uses for the purposes of said sewer and street; the Mayor, Assessor, and Surveyor of said city and appointed. county are hereby appointed and constitute Commissioners, with power to ascertain and determine the value of the lands and the sums to be paid therefor to the owners thereof; in case of a vacancy in said Commission, by reason of any member thereof being disqualified from acting, or for other cause, the County Judge of said city and county shall fill such vacancy by appointment of some competent and disinterested person. The moneys to be paid for any lands,

Commissioners

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