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CHAP. CCXXXIII.—An Act to amend an Act entitled an Act to create a Board of Auditors for El Dorado County, and fix the powers thereof, approved March thirtieth, eighteen hundred and seventy-four, and the Act amendatory thereof, approved April first, eighteen hundred and seventy-six.

[Approved March 16, 1878.]

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

SECTION 1. Section five of said Act is amended so as to Duty of read as follows: Section 5. It shall be the duty of the Board. Board:

County

First-To supervise the official conduct of all county offi- Supervise cers, of all districts and other subdivisions of the county, officers. charged with collecting, safe keeping, management, or disbursement of the public moneys; to see that they faithfully perform their duties, and, when necessary, require them to renew their official bonds, to make reports, and to present their books and accounts for inspection.

Second-To examine and audit the accounts of all officers Examine having care, management, collection, or disbursement of accounts. moneys belonging to the county or appropriated by law or otherwise for its use and benefit.

Third-To examine, settle, and allow accounts legally chargeable against the county for services rendered and material and supplies furnished the county (except the salaries of officers), and to order warrants to be drawn on the County Treasurer therefor and provide for the issuing of the same. Fourth-To divide the county into townships, school, road, and other districts required by law; change the same, and create others, as convenience may require.

Fifth-To establish, abolish, and change election precincts and to appoint Inspectors and Judges of Election, canvass all election returns, declare the result, and certificates thereof.

Sixth-To lay out, alter, change, control, and manage public roads, turnpikes, ferries, and bridges, and to fix annually the rates of toll which may be collected on all toll roads and toll bridges within the county.

Seventh-To provide for the care and maintenance of the indigent sick or the otherwise dependent poor of the county, erect, officer, and maintain hospitals therefor, or otherwise provide for the same.

Eighth-To provide a farm in connection with the County Hospital, and make regulations for working the same.

Ninth-To purchase, receive by donation, or lease any real Purchase or personal property necessary for the use of the county; property. preserve, take care of, manage, and control the same; but no purchase of real property must be made unless the value of the same has been previously estimated by three disinterested citizens of the county, appointed by them for that purpose, and no more than the appraised value must be paid therefor.

Erect buildings.

Sell prop

erty.

Fill vacancies.

Publish

statement of

Tenth-To cause to be erected and furnished a Court-house, Jail, Hospital, and such other public buildings as may be necessary, including a vault for the protection of the county records and treasure, such vault to be paid for by warrants drawn on the Current Expense Fund.

Eleventh-To sell at public auction, at the Court-house door, after thirty days' previous notice given by publication in a newspaper of the county or posted in five public places of the county, and convey to the highest bidder, for cash, any real or personal property belonging to the county and for sale, of which provision has been made by law, paying the proceeds into the county treasury for the use of the county.

Twelfth-To equalize the assessments.

Thirteenth-To insure the county buildings in the name of and for the benefit of the county.

Fourteenth-To grant licenses and franchises, as provided by law, for constructing, keeping, and taking tolls on roads, bridges, ferries, and chutes.

Fifteenth-To fix the compensation of all county officers not otherwise in the Political Code or by general or special law fixed and provided for the payment of the same.

Sixteenth-To fill, by appointment, all vacancies which may occur in county or township officers except those of County Judge, Supervisor, and member of the Board of Auditors. Seventeenth-To contract for the county printing, and provide books and stationery for county officers.

Eighteenth-At the adjournment of each session of the proceedings. Board, to cause to be published, in a newspaper or otherwise, a fair statement of all their proceedings, and semiannually a statement of the financial condition of the county. Nineteenth-To make and enforce such rules and regulations for the government of their body, the promotion of order, and the transaction of business, as may be necessary. Twentieth-To adopt a seal for their Board, a description and impression whereof must be filed by their Clerk in the office of the County Clerk and Secretary of State.

Twenty-first-The Board shall not have any control over any suits brought for or against the county, nor can any summons or other writs against the county, in any suit or proceeding whatever, be served upon the Board or any member thereof; and the service of any writ or order upon the Board, or any member thereof, shall not in any manner be binding upon the county.

CHAP. CCXXXIV.-An Act to legalize a tax for building a school house in the New York School District, in Contra Costa County.

[Approved March 16, 1878.]

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

SECTION 1. The assessment and levy of taxes heretofore Tax legalmade upon all property, real and personal, in the New York ized. School District, in the County of Contra Costa, for the purpose of building a school house in said district, is hereby legalized and validated in every respect, and no defect or informality, or failure to comply with any statute or law regulating elections or assessments or levy of taxes, shall be held to invalidate said tax, nor to constitute a defense to any action or proceedings brought to enforce the payment of such taxes.

SEC. 2. This Act shall be in force and effect from and after its passage.

CHAP. CCXXXV.-An Act to fund certain indebtedness of
Solano County.

[Approved March 16, 1878.]

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

to fund in

SECTION 1. The County of Solano is hereby authorized to county fund the indebtedness represented by warrants outstanding authorized against the Road Fund of said county at the date of the pas- debtedness. sage of this Act, and to that end the Auditor, County Clerk, County Treasurer, and the Chairman of the Board of Supervisors of said county, are constituted a Board to be styled "The Commissioners of the Funded Road Debt of Solano County."

SEC. 2. The Commissioners shall cause to be prepared Issuance suitable bonds of said county to be denominated on their face of bonds. "Solano County Road Fund Bonds." They shall be of the denominations of fifty dollars, one hundred dollars, and five hundred dollars each, and payable only in gold coin of the United States, and shall bear interest in like gold coin at the rate of seven (7) per cent. per annum from the date of their issue, interest payable semi-annually at the office of the County Treasurer of Solano County, on the fifteenth day of January and July of each year; provided, that the first payment of interest shall be on the fifteenth day of January, one thousand eight hundred and seventy-nine. The principal sum of said bonds shall be payable at the office of the said County Treasurer on the fifteenth day of January, A. D. one thousand eight hundred and eighty-nine. The said county shall have

Interest coupons.

Exchange of warrants.

Clerk of
Board to

ter.

the right to pay and discharge said bonds at any time after their date, which right of payment and discharge shall be specified in said bonds.

SEC. 3. Said bonds shall be signed by the Chairman of the Board of Supervisors, and countersigned by the County Treasurer and County Auditor, and shall have the seal of the County Auditor of said county stamped thereon.

SEC. 4. Coupons for the interest must be attached to each bond, and must be signed by the County Treasurer. Each of said coupons shall be for the semi-annual interest on the bond to which it is attached, and must bear on its face the number of its bond, the date when it will be due, and the amount of interest to be paid. When the semi-annual interest upon a bond shall be paid, the coupon for the interest paid shall be detached and delivered to the Treasurer of the county who must, after canceling the same, deliver it to the County Auditor and take his receipt for it, and the Auditor must file and safely keep in his office all coupons so delivered to him. The first coupons upon each bond must be for the interest from the date of such bond up to the fifteenth day of January after its issue.

SEC. 5. All persons holding warrants drawn upon the Road Fund of said county must present the same to said Commissioners, and shall receive in exchange said bonds for the full amount of principal and interest due on the first day of June, A. D. one thousand eight hundred and seventy-eight, and all bonds issued under this Act shall be issued as of said date. The Commissioners must give to each person a certificate for any fractional amount less than the smallest denomination of bonds; and such certificate must be received and funded in the same manner as the original warrants when presented with other certificates or warrants in sufficient amounts to make up a bond authorized by this Act. Holders of certificates, when funding is impracticable, may present them to the Board of Supervisors who may allow them with interest as a claim against the General Fund, and issue warrants thereon in lieu of such certificates. It shall be the duty of the Commissioners to cause all such warrants or certificates for which bonds shall be issued as herein provided, to be immediately canceled after issuing bonds therefor.

SEC. 6. The Commissioners must keep an account of the number, denomination, and amount of all bonds signed by them, and to whom the same were issued.

SEC. 7. The Clerk of the Board of Supervisors of said keep regis- county shall keep a register in which shall be a correct record of all the bonds issued under this Act. The said record shall show the number and denomination of said bonds, the date of issue, to whom issued, 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 redeemable, and such other matter as may be pertinent or necessary in such record.

Commission

SEC. 8. The said Commissioners' duties under this Act ers' duties. shall be deemed a part of their official duties respectively for the performance of which they shall be responsible individ

tion.

ually, and on their bonds respectively. They shall be allowed Compensafor the performance of their duties under this Act the sum of fifty dollars each, which, with the expense of the preparation and issue of said bonds, shall be allowed by the Board of Supervisors and paid out of the General Fund of the county.

fund in

SEC. 9. Before the first day of June, A. D. one thousand Notice to eight hundred and seventy-eight, the Commissioners must debtedness. cause notice to be given of their readiness to fund said indebtedness in one newspaper published in said county, which notice must be published at least once a week for at least four weeks. The Commissioners must complete their labors by the first day of September, one thousand eight hundred and seventy-eight, and within ten days thereafter must deposit with the County Auditor all their books, vouchers, etc., and their office as Commissioners must cease.

Fund.

SEC. 10. The Board of Supervisors of said county must Sinking create a fund to be known as the "Road and Interest Sinking Fund." After the passage of this Act all moneys which by provision of section six of "An Act in relation to highways in the County of Solano," approved March sixteenth, one thousand eight hundred and seventy-six, would be applied to the payment of the outstanding road indebtedness of said county, shall be paid into the said "Road and Interest Sinking Fund," and shall be used for no other purpose than the payment of the principal and interest of the bonds provided for in this Act. At the time of the levy of the county taxes for said county, the Board of Supervisors must make an estimate of the amount of money which will come into said fund from the source herein mentioned. And if said amount is insufficient to pay the interest upon said bonds and ten per cent. of the principal, they shall then and there levy, in addition to the other taxes required to be levied, a tax on all the taxable property of the county sufficient to make up an amount, together with the other moneys which will come into said fund, to pay the interest and at least ten per cent. of the principal of said bonds. The said Board may provide by taxation as aforesaid for the payment of the principal and interest of all said bonds in five years from their date, but not earlier.

SEC. 11. Not less than two weeks before the fifteenth day Redemption of January, A. D. eighteen hundred and seventy-nine, and of bonds. each and every year thereafter, the Board of Supervisors of said county shall give public notice by publication in not less than one paper printed and published in 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 aforesaid. 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 pub

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