execute and thirty-eight (638), each for the sum of thirty-five dollars, Bank to said coupons having been lost; provided, that said payment deliver bond. shall not be made until said Bank of California shall execute and deliver to said Treasurer an undertaking, approved as to form and sufficiency by the Attorney-General, to the effect that they will at all times hereafter protect and save harmless the people of the State of California against said coupons, and against all persons lawfully claiming them or either of them, and against all damages and expenses for or on account thereof. SEC. 2. This Act to take effect immediately. CHAP. CCLXXV.-[See volume of Amendments to the Codes.] Amount to be paid. CHAP. CCLXXVI.-An Act for the relief of Wells, Fargo & Co. The People of the State of California, represented in Senate and SECTION 1. The State Treasurer is hereby directed to pay to Wells, Fargo & Co. the sum of seven hundred and thirty-five dollars, being the amount due on coupons number twenty-five, due January first, eighteen hundred and seventy-seven, upon Central Pacific Railroad bonds, the payment of which coupons are guaranteed by this State, numbered respectively eight hundred ninety-two, three, four, five, six, ten hundred and seventy-seven, eight, nine, eighty, eleven hundred and one, two, three, four, five, six, seven, eight, nine, ten, and eleven, which coupons were each for the sum of thirty-five dollars, and have been lost; Bond to be provided, that said payment shall not be made until said Wells, Fargo & Co. shall execute and deliver to said Treasurer an undertaking bond, approved as to form and sufficiency by the Attorney-General, to the effect that they will at all times hereafter protect and save harmless the people of the State of California against said coupons, and against all persons lawfully claiming them, or either of them, and against all damages for or on account thereof. executed. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCLXXVII.-An Act to consolidate certain funds and to create therefrom a permanent endowment for the University of California, of which the interest only shall be used by the Board of Regents to meet current expenses. [Approved March 19, 1878.] The People of the State of California, represented in Senate and placed to i SECTION 1. That the entire principal sums which have Money to be been or may be hereafter realized from the several sources of credit of Income and Endowment Funds of University of California, University, to wit, the principal sum derived from the sale of lands granted to the State of California by Act of Congress, approved July 2, 1872, and amendments thereto, and the principal sum derived from the sale of the seventy-two (72) sections of land granted to the State of California for the use of a Seminary of Learning, by Act of Congress, approved March 3, 1853, and the principal sum derived from the sale of the ten (10) sections of land granted to the State of California for public buildings, by said Act of Congress, approved March 3, 1853, and the principal sum which the Treasurer of the State of California was directed, by Act of the Legislature, approved April 2, 1870, to place to the credit of the University Fund, and which, being invested in the bonds of the State or of the United States, should yield an annual income of fifty thousand dollars, and the principal sum now remaining on hand derived from the sale of the real estate in Oakland, Alameda County, and State of California, known as the "Brayton property," shall be from time to time, as the same is realized, invested in stocks of the United States or of the State, or other safe stocks or bonds, yielding not less than five (5) per centum upon the par value of said stocks or bonds, and the money so invested shall constitute a perpetual fund, to be known and designated as the "Consolidated Perpetual Endowment Fund of the University of California," the capital of which shall remain forever undiminished; provided, that any moneys realized from said sources of Income or Endowment Funds, or either of them, which have been heretofore invested according to law, may remain so invested; and it is further provided, that all such stocks and bonds as aforesaid shall be deposited in the State treasury to the credit of said fund, and shall be kept separate and apart from all other funds by the State Treasurer, who shall pay over from time to time all interest, profits, income, or revenue arising from such stocks or bonds to the Treasurer of said University upon the demand or order of the Regents of the University. SEC. 2. That all interest, profits, or revenue arising from or growing out of the said "Consolidated Permanent Endowment Fund of the University of California" shall be placed in the General Fund of the University, and subject to disbursement to meet the current annual expenses of the University of California. SEC. 3. That all Acts or parts of Acts or parts of Acts in conflict herewith are hereby repealed. Order ratified and confirmed. CHAP. CCLXXVIII.-An Act to ratify and confirm Order No. 1404 of the Board of Supervisors of the City and County of San Francisco. [Approved March 19, 1878.] The People of the State of California, represented in Senate and SECTION 1. Order number fourteen hundred and four (1404) of the Board of Supervisors of the City and County of San Francisco, approved November 10th, 1877, is hereby ratified and confirmed, and said Board of Supervisors are hereby authorized and directed to include in their tax levy, for the fiscal year 1878-79, an amount sufficient to make the payment provided to be made in section one of said order; which taxes under said levy shall be levied the same as other municipal taxes are, and shall be paid into the General Fund and disbursed in discharge of said indebtedness, as provided in said order; provided, that no payment shall be made on account of said purchase until a clear title to the said road is vested in the City and County of San Francisco. Assessment and levy of taxes legalized. CHAP. CCLXXIX.-An Act to legalize the assessment of taxes in the City and County of San Francisco, and to ratify and confirm a resolution of the Board of Supervisors of the City and County of San Francisco. [Approved March 19, 1878.] The People of the State of California, represented in Senate and SECTION 1. The assessment of taxes upon all personal property in the City and County of San Francisco, whether for State or city and county purposes, for the 27th fiscal year ending on the 30th day of June, 1876, and for the 28th fiscal year ending on the 30th day of June, 1877, as equalized by the Board of Supervisors of the City and County of San Francisco, setting as a Board of Equalization in said fiscal years, are hereby legalized and confirmed and rendered valid and binding, both in law and equity, against the persons and property assessed, and the duplicate assessment rolls for said fiscal years shall be prima facie evidence of such assessment. The levies of taxes by said Board of Supervisors for said fiscal years are and each of them is hereby made valid and binding, effectual and legal, and are validated, ratified, legalized, confirmed, and adopted; and no error, informality, or irregularity, of whatsoever kind or nature, in the acts or proceedings of the Assessor, Board of Supervisors, Board of Equalization, Auditor, or any other officer or officers of said city and county, in assessing, equalizing, levying, or preparing original or duplicate assessment rolls, shall vitiate the assessment or levy of taxes for said fiscal years, or either of them, but the same are for all purposes affecting the assessment, equalization, and levy of taxes for each of said fiscal years, validated, ratified, legalized, confirmed, and adopted. SEC. 2. In any action to be commenced under the provis- Form of ions of this Act, for (the) collection of delinquent taxes, the complaint. complaint may be in the following form, and shall be legally sufficient; and on the trial the duplicate assessment rolls of taxes of said city and county for said fiscal years, or either of them, or a copy of any entry therein duly certified, showing unpaid taxes against the defendant, or in cases where the defendant is sued in a representative capacity, against the person or estate he represents, shall be prima facie evidence of the plaintiff's right to recover: (Title of Court.) The City and County of San Francisco, vs. (naming the defendant). Plaintiff avers that defendant is indebted to plaintiff in the sum of $-, (naming the amount), for city and county taxes, with five per cent. penalty added thereto for the non-payment thereof, and interest thereon at the rate of two per cent. per month from the day of —, $187-, (giving date), and $, costs of advertising and is also indebted in the further sum of $ (naming the amount), for State taxes, with five per cent. penalty added thereto for the non-payment thereof, and interest thereon at the rate of two per cent. per month from the - day of 187-(giving the date), and $, costs of advertising which said taxes were duly assessed and levied upon personal property, to wit, (enumerating the property), for the fiscal year (naming it); wherefore, plaintiff prays judgment for said several sums, with interest thereon as aforesaid and costs of suit, all in U. S. gold coin. (Signed by said special counsel.) And in any case where the defendant is sued in a representative capacity, such other, further, or different allegation as may be necessary to charge the defendant in such capacity; provided, that in all cases where the amount of tax sued on is ten ($10) or less, the costs of Court shall not exceed the amount of tax, and no answer shall be filed in any such case unless the same be verified by oath. fee. SEC. 3. All officers of said city and county shall perform officers to such services as may be required of them under this Act with- act without out without the payment to them of fees in advance, but they may charge and receive, to the use of said city and county, such fees as are allowed for similar services in other cases; provided, such fees are collected of the defendant, and in no case shall the city and county be liable for services rendered under this Act. SEC. 4. The provisions of the Act entitled "An Act to a certain Act not applicable. Provisions of provide for the increasing the law library of the corporation known as 'The San Francisco Law Library,' and to secure the same to the Courts held at San Francisco, the bar, the city and county government, and the people of the City and County of San Francisco," and all Acts amendatory thereof and supplementary thereto, shall not apply to proceedings under this Act; but the fees to which said San Francisco Law Library is entitled by law shall be taxed as other costs of suit, and when collected from the defendant to be paid to the Treasurer of said library. Resolution ratified. SEC. 5. Resolution number eleven thousand six hundred and twenty-seven (11,627), new series, of the Board of Supervisors of the City and County of San Francisco, adopted November 15th, 1877, and the employment of special counsel pursuant thereto, is hereby authorized, ratified, confirmed, and adopted, and said special counsel therein named is hereby authorized, empowered, and directed to commence civil actions in any Court of competent jurisdiction of the City and County of San Francisco for the collection of all delinquent personal property taxes for the fiscal years in said resolution and herein before named, whether the same be due for State, city and county taxes, or either of them. SEC. 6. This Act shall take effect and be in force from and after its passage. Apportionment authorized. CHAP. CCLXXX.-An Act for the relief of Klamath School [Approved March 19, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Superintendent of Common Schools of Siskiyou County is hereby authorized and directed to apportion from the last apportionment of county school funds of the present school year to Klamath School District the sum of three hundred dollars, the amount which said district. would have received from State and county funds during the present school year had said district been able to procure a teacher during the school year 1876-1877. SEC. 2. This Act shall take effect immediately. |