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Salary of
Deputy
Sheriffs.

said institutions, and shall make a monthly report to the Treasurer of the City and County of San Francisco of all moneys expended and received by him; and if any surplus remain of the moneys so received, over and above the actual expenses incurred, the same shall be paid into said treasury monthly.

SEC. 6. The Deputy Sheriffs acting as Bailiffs in the District Courts shall receive a salary of one hundred and fifty dollars per month.

SEC. 7. All Acts and parts of Acts, so far as they may be in conflict herewith, are hereby repealed.

SEC. 8. This Act shall take effect immediately.

Authorizing
Board to

examine

and pay certain claims.

CHAP. CCLXXXVIII.-An Act conferring additional powers upon the Board of Supervisors and the Auditor and Treasurer of the City and County of San Francisco.

[Approved March 20, 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 to examine the claims represented by warrants and demands enumerated in section two (2) of this Act; and if upon examination said warrants and demands, or any of them, are found to be a just claim against said city and county, and have not been paid, then the said Board of Supervisors are authorized and empowered to appropriate and allow, the Auditor to audit, and the Treasurer to pay out of the General Fund, a sum or sums not to exceed the several amounts specified in section two (2) of this Act.

SEC. 2. The claim of Henry W. Seale, or his assigns, for City Controller's warrant number eight hundred and thirtynine, for the sum of two hundred dollars, being forty per cent. of the face of said warrant of five hundred dollars, and in full for the same. The claim of Henry W. Seale, or his assigns, for City Controller's warrant number eight hundred and forty-two, for the sum of two hundred dollars, being forty per cent. of the face of said warrant of five hundred dollars, and in full for the same. The claim of Soulé and Page, or their assigns, for City Controller's warrant number thirty-three hundred and two, for the sum of two hundred and forty-six dollars and nine cents, being forty per cent. of the face of said warrant of six hundred and fifteen dollars and twenty-three cents, and in full for the same. The claim. of Soulé and Page, or their assigns, for City Controller's warrant number thirty-three hundred and seven, for the sum of one hundred and ninety-three dollars and forty-one cents, being forty per cent. of the face of said warrant of four hundred and eighty-three dollars and fifty-three cents, and in

full for the same.

examine

certain

The claim of C. K. Smith, or his assigns, Authorizing for City Controller's warrant number two hundred and Board to eighty-one, for the sum of four hundred dollars, being forty and pay per cent. of the face of said warrant of one thousand dollars, claims. and in full for the same. The claim of C. K. Smith, or his assigns, for City Controller's warrant number two hundred and eighty-two, for the sum of four hundred dollars, being forty per cent. of the face of said warrant of one thousand [dollars], and in full for the same. The claim of Abend Zeitung, or assigns, for City Controller's warrant number five hundred and twenty-six, for the sum of four dollars, being forty per cent. of the face of said warrant of ten dollars, and in full for the same. The claim of R. E. Kerrison, or his assigns, for City Auditor's warrant number one hundred and forty-one, for the sum of twenty-four dollars and sixty cents, being forty per cent. of the face of said warrant of sixty-one dollars and fifty cents, and in full for the same. The claim of James Grant, or his assigns, for City Auditor's warrant number two hundred and sixty-three, for the sum of four hundred dollars, being forty per cent. of the full face of said warrant of one thousand dollars, and in full for the same. The claim of James Grant, or his assigns, for City Auditor's warrant number two hundred and sixty-four, for the sum of four hundred dollars, being forty per cent. of the face of said warrant of one thousand dollars, and in full for the same. The claim of James Grant, or his assigns, for City Auditor's warrant number two hundred and sixty-eight, for the sum of forty dollars, being forty per cent. of the face of said warrant of one hundred dollars, and in full for the same. The claim of James Grant, or his assigns, for City Auditor's warrant number two hundred and sixty-nine, for the sum of forty dollars, being forty per cent. of the face of said warrant of one hundred dollars, and in full for the same. The claim of James Grant, or his assigns, for City Auditor's warrant number two hundred and seventy, for the sum of forty dollars, being forty per cent. of the face of said warrant of one hundred dollars, and in full for the same. The claim of James Grant, or his assigns, for the City Auditor's warrant number two hundred and seventy-one, for the sum of forty dollars, being forty per cent. of the face of said warrant of one hundred dollars, and in full for the same. The claim of James Grant, or his assigns, for City Auditor's warrant number nine hundred and five, for the sum of one hundred dollars, being forty per cent. of the face of said. warrant of two hundred and fifty dollars, and in full for the same. The claim of James Grant, or his assigns, for City Auditor's warrant number nine hundred and seven, for the sum of one hundred dollars, being forty per cent. of the face of said warrant of two hundred and fifty dollars, and in full for the same. The claim of Dr. J. T. Hyde, or his assigns, for City Auditor's warrant number seven hundred and sixtyone, for the sum of thirty dollars, being forty per cent. of the face of said warrant of seventy-five dollars, and in full for the same. The claim of Benjamin Lockheart, or his assigns, for County Auditor's warrant number three hundred and

Board to ex

amine and pay certain

claims.

Authorizing thirty-one, the sum of nineteen dollars and sixty cents, being forty per cent. of the face of said warrant of forty-nine dollars, and in full for the same. The claim of John Benson, assignee, or his assigns, for audited demand on the treasury number three thousand nine hundred and twenty-eight, for the sum of one hundred dollars. The claim of John Benson, assignee, or his assigns, for audited demand on the treasury number three thousand nine hundred and thirty, for the sum of one hundred dollars. The claim of John Benson, assignee, or his assigns, for audited demand on the treasury number three thousand nine hundred and thirtyone, for one hundred dollars. The claim of John Benson, assignee, or his assigns, for audited demand on the treasury number three thousand nine hundred and sixty-eight, for the sum of one hundred dollars. The claim of H. E. Perry, or his assigns, for audited demand on the treasury number three thousand nine hundred and thirty-seven, for one hundred dollars. The claim of H. E. Perry, or his assigns, for audited demand on the treasury number three thousand nine hundred and forty-one, for one hundred dollars. The claim of H. E. Perry, or his assigns, for audited demand on the treasury number three thousand nine hundred and forty-two, for one hundred dollars. The claim of H. E. Perry, or his assigns, for audited demand on the treasury number three thousand nine hundred and forty-four, for one hundred dollars. The claim of H. E. Perry, or his assigns, for audited demand on the treasury number three thousand nine hundred and forty-five, for one hundred dollars. The claim of Henry Leffingwell, assignee, or his assigns, for audited demand on the treasury number three thousand nine hundred and fifty-six, for one hundred dollars.

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

Preamble.

CHAP. CCLXXXIX.-An Act to provide for determining the rights of parties in certain swamp and overflowed lands, in Fresno and Kern Counties.

[Approved March 20, 1878.]

WHEREAS, The Legislature of the State of California by three Acts, approved, respectively, April 11th, 1857, April 10th, 1862, and April 25th, 1863, granted to W. F. Montgomery and others certain lands, in what was then the Counties of Fresno and Tulare, upon certain conditions in said Acts named, and thereafter and on the 11th day of November, 1867, the Governor and the Register of the State Land Office, claiming to act under said statutes or some of them, issued a certain document purporting to be a patent for a portion of said lands to the grantees in said Acts named; and whereas, an action has been brought by the Attorney-General, in the name of the people of this

State, in the District Court of the 12th Judicial District of the State of California, in and for the City and County of San Francisco, for the purpose of having the said patent adjudged to be null and void, which said action is numbered 19,140 upon the Register of said Court; and whereas, certain persons claim that they have legal or equitable interests under the grantees, in said Acts of the Legislature mentioned, which they have purchased in good faith; and that since the said document or patent was issued the said last named persons have expended large sums of money in reclaiming and improving said lands, and that they have paid State and county taxes thereon for many years, and that said lands are substantially reclaimed; now, therefore,

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

to appear

answers.

SECTION 1. All persons claiming title, legal or equitable, Persons under said grantees, in the said Acts of the Legislature given right mentioned, shall have the right, within sixty days after the and file: passage of this Act, to appear in the said action in the preamble herein mentioned, and file their respective answers therein, which shall describe the said lands so claimed by them, respectively, and each of said persons shall be permitted, upon the trial of said action, to introduce evidence. for the purpose of showing that he is a claimant, under the said grantees, in the Acts of the Legislature mentioned, for any portion of the lands described in the said patent, and has paid State and county taxes thereon; and has, also, since the date of said patent, to wit, November 11, 1867, made expenditures for the reclamation of the same, whether in connection with swamp land districts or otherwise, and for fencing upon, or inclosing the same, and other improvements and expenditures upon or for its benefit, a sum, with the taxes paid thereon by himself and his grantors, shall amount to the sum of one dollar per acre for the whole of the land so claimed by him.

claimant;

SEC. 2. Upon proof being made to the satisfaction of the Judgment Court that any party to said action is a claimant, under the rendered to grantees, in said Acts of the Legislature mentioned, and has when. paid State and county taxes on the lands claimed by him; and has, also, since the said 11th day of November, 1867, made expenditures for the reclamation of the same, whether in connection with swamp land districts or otherwise, and for fencing upon or inclosing the same, and other improvements and expenditures upon or for its benefit, a sum which, with the taxes paid thereon by himself and his grantors, shall amount to the sum of one dollar per acre for the whole of the said land so claimed by him, then a judgment shall be rendered in said action for such party for the said lands, describing them. And, thereupon, a patent shall be issued by the Governor and Register of the State Land Office, over the great seal of the State, to such person for his said lands, and the title of the State of California to said lands shall

Claimant may be preferred purchaser.

vest in the said person, his heirs and assigns, as of the date
of the said judgment.

SEC. 3. In case it shall appear upon the said trial, in
regard to the lands claimed as aforesaid, that the claimant
cannot prove to the satisfaction of the Court the facts above
permitted him to prove, and it shall also be made to appear to
the satisfaction of the Court that application has been made
under the general laws relating to swamp and overflowed
lands to purchase from the State the lands in regard to which
there is such failure of proof, and that such applicant has
expended in reclaiming said land the sum of one dollar per
acre, judgment shall be entered accordingly, and such appli-
cant shall be a preferred purchaser as to such land.

SEC. 4. All intendments shall be in favor of the judgments and orders of the Court in the premises, and any party may appeal to the Supreme Court of this State as in other cases.

SEC. 5. The Attorney-General of this State is hereby directed to take such action as shall carry into effect the purposes of this Act.

SEC. 6. This Act shall take effect and be in force from and after its passage.

Owners of trespassing animals liable for

damages.

Owner of

land shall

animals.

CHAP. CCXC.-An Act to prevent the trespassing of animals
upon private property in the County of Yolo.

[Approved March 20, 1878.]

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

SECTION 1. If any horse, mare, mule, jack, jenny, hog,
sheep, goat, or head of neat cattle, or any number of such
animals, shall break into or enter upon any private lands,
whether inclosed or not, the owner of or person keeping,
harboring, or controlling such animals, shall be liable to
the owner or possessor of such lands for the amount of all
damages caused by such trespass; or, when the trespass is con-
tinuing in its nature, for all damage caused by such continu-
ing trespass; such damages to be recovered in a civil action
brought for that purpose.

SEC. 2. The owner or possessor of any lands upon which have lien on any such trespass shall be committed shall, in addition to the remedy given by section one of this Act, have a lien upon the animals so trespassing so long as he shall retain them in his possession, as security for the payment of any judgment that may be recovered in such action, as well as for the costs of keeping the same, as hereinafter provided; which lien shall have the same force and effect as, and no other, than the lien of any attachment duly levied on such property. No such lien shall continue in force for a longer period than ten days from the date of such trespass, or, where the trespass is a continuing trespass, ten days from the

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