date of the last trespass, unless an action for the damages herein given be commenced within that time. against unknown brought. SEC. 3. If the name of the person owning, harboring, or Actions controlling such animals be unknown and cannot, after due inquiry, be ascertained, the complaint shall state that fact owners; how and shall be verified, and the action shall be brought against all owners and claimants of such animals, designating them by fictitious names. The animals shall be described in such complaint with reasonable certainty, giving their number, and color, and marks or brands that may be upon them, and the summons shall contain the same description, and shall be served by posting copies thereof, for the period of five days, in two conspicuous places in the township in which such lands are situated, and one copy, for the like period of time, at the place where the Court is held. The judgment shall be against all owners and claimants of such animals, unless some owner shall appear and defend, in which case the judgment shall be also against him by name. Nothing in this section contained shall apply to any case where the owner of such animals is sued by name. land to when SEC. 4. When the owner of, or person keeping, harboring, owner of or controlling such trespassing animal or animals is known, notify owner the owner or possessor of the land trespassed upon shall, of animals within three days after such trespass, or continuing trespass, known. as the case may be, either verbally or in writing, notify the owner of, or person keeping, harboring, or controlling such trespassing animal or animals in substance that said animal or animals have trespassed upon him; that he has suffered damage by such trespass (naming the amount), and that he holds a lien upon said animal or animals for the amount of damage sustained by him. On paying, either with or without notice, the amount of damage sustained, together with the cost of keeping then accrued, the lien herein provided for shall cease, and the owner of, or person entitled to the possession of, such trespassing animal or animals, shall be restored to his or their possession. SEC. 5. Upon the issuance of an execution upon any Execution, judgment obtained under the provisions of this Act, the how levied. officer to whom the same is directed shall levy the same upon any animal or animals upon which a lien shall have been obtained under the provisions of section two of this Act, and shall thereafter proceed as in cases of other executions. If the judgment be against any person by name, the execution may also be levied upon any other property of the judgment debtor not exempt from execution. No statute exempting property from execution or forced sale shall apply to animals taken under the provisions of section two of this Act. surplus money. SEC. 6. When the owner of, or person keeping, harboring, Disposal of or controlling the trespassing animal or animals is unknown, and action is brought in a Justice's Court against fictitious persons, and after satisfying the execution there shall be a surplus of the proceeds remaining in the hands of the officer, such officer shall return the same to the Justice issuing the Fees for keeping animals. Misdemeanor. Repeal. execution, who shall, without delay, after making a minute SEC. 7. In any action in which any lien is obtained upon SEC. 8. Nothing in this Act contained shall be so construed as to prevent the person liable for such damages and costs of keeping from protecting himself by tender of the same, as in other cases. SEC. 9. Nothing in this Act contained shall be so construed as to prohibit persons who may be driving stock from one place to another from driving the same across uncultivated lands not inclosed, nor from watering such stock at natural watering-places on such lands. SEC. 10. Every person who shall drive, or procure to be driven, any stock to or upon his lands for the purpose of taking advantage of any provisions of this Act, or who shall drive, or procure to be driven, any stock not lawfully in his possession or under his control upon the land of any person, with intent to create any liability against the owner of such stock, under any provision of this Act, is guilty of a misde meanor. SEC. 11. The Act entitled "An Act to protect agriculture, and to prevent the trespassing of animals upon private property in the County of Yolo," approved March eleventh, eighteen hundred and seventy-four, and all Acts concerning estrays, animals running at large, and the trespassing of animals upon private property, and all Acts and parts of Acts inconsistent with the provisions of this Act, are hereby repealed so far as they affect the County of Yolo. SEC. 12. This Act shall apply only to the County of Yolo. SEC. 13. This Act shall take effect and be in force from and after its passage. 1 CHAP. CCXCI.-An Act to quiet title to town lots in the City of Visalia. [Approved March 20, 1878.] The People of the State of California, represented in Senate and declared SECTION 1. All deeds of conveyance heretofore executed certain to the purchasers and holders of town lots in the City of deeds Visalia, sold at public auction by the County of Tulare, valid. which deeds were executed by the County Clerk of said county, and purport to be made under and by virtue of a certain order made and entered of record by the Board of Supervisors of said Tulare County, on the fourth day of November, A. D. 1858, on the minutes of said Board, are hereby declared valid and effectual in law, to vest in the grantee or grantees named in any such deed, his or their heirs and assigns, all the right, title, and interest of said County of Tulare, in and to the land and premises mentioned and described in such deed of conveyance. SEC. 2. This Act shall take effect from and after its passage. CHAP. CCXCII.-An Act to amend an Act entitled "An Act to amend an Act entitled an Act to incorporate the Town of Watsonville, Santa Cruz County, California," approved March 30th, 1868. [Approved March 20, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section one of said Act is hereby amended so Power of as to read as follows: Section 1. Section four of said Act is Trustees. hereby amended so as to read as follows: Section 4. The Trustees of said town may adopt rules for its proceedings, shall judge of the qualifications of its own members, and shall have power to remove for good and sufficient cause, after a notice to the party accused, by a unanimous vote, any and all town officers, whether elected or appointed, and to fill any vacancy so caused; said Trustees shall also have power to make such by-laws and ordinances, not inconsistent with the constitution and laws of the United States and of this State, as they may deem necessary; to prevent and remove nuisances; to prohibit disorderly conduct; to license, tax, and regulate all such business and employments as the public good may require and as may not be prevented by law, and fix the terms and price thereof; to grant permission for the laying of railroad tracks through the town and the running of cars, drawn by horses or steam thereon, and to regulate the same; to provide for the care and regulation of prisoners, for the employment of vagrants and prisoners Power of upon the public streets and works of the town; to construct works necessary for supplying said town with water; to provide such means as they may deem necessary to protect said town from injury by fire; to levy and collect annually a tax on all property in said town, not exceeding one per cent. on the assessment valuation thereof; to impose and collect a poll tax, of not exceeding one dollar per annum on every male inhabitant of the town, twenty-one years of age and upwards; to impose and collect a tax, of not exceeding six dollars per annum, on the owner of every dog, owned and kept within the limits of the town, and to pass such other by-laws and ordinances for the regulation and police of said town, and for carrying into effect the foregoing powers, as they may deem necessary; but shall not have power to contract any debt or debts, which, singly or in the aggregate, shall exceed the sum of five hundred dollars, unless by the consent of a majority of the voters of said town voting at a special election, ordered for that purpose by said Trustees, and of which election notice shall be given, either by notices posted in at least five public places in said town, or published in a newspaper, if there be one in such town, for at least ten days prior thereto. SEC. 2. This Act shall take effect and be in force from and after its passage. Duty of Road Commissioners. Same. CHAP. CCXCIII.-An Act to amend certain sections of an Act entitled "An Act to provide for the location, construction, and maintenance of public roads in the County of Nevada," approved March twenty-first, eighteen hundred and seventy-two. [Approved March 20, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section two of said Act is hereby amended to read as follows: Section 2. The Supervisors of Nevada County shall be ex officio Road Commissioners in the several districts in which they are elected, whose duty it shall be to take general charge and supervision of all roads in said district. Each Commissioner shall, before entering upon the discharge of his duties, file with the County Clerk a bond in a sum not less than five thousand dollars, with not less than two sureties, conditioned for the faithful performance of his duties as such Road Commissioner, which bond shall be approved by the County Judge, and made payable to the people of the State of California. SEC. 2. Section three of said Act is amended to read as follows: Section 3. It shall be the duty of each Commissioner, in his district, to take charge of and keep, or cause to be kept in good condition for travel, the roads used as public highways. He shall have power to cause the necessary work to be done upon the public roads, either by labor missioners. employed by him for that purpose, and under his imme- Duty of diate supervision and direction, or may, if he deem it advis-Roomable, have such work performed under contract; provided, that if he shall conclude to have any such work done under contract, he must give notice thereof by publication in the newspaper having the contract for county advertising, or by posting notices in not less than five public places in the township where such work is required to be done, or by both such publication and posting of notices, inviting proposals for doing such work; such notice must specify the particular work required to be done, the place where, and the time when, such work must be completed; said publication, or posting of such notices, must be not less than ten days before the time appointed for awarding a contract for such work. At the time appointed the Road Commissioner shall open and examine all the proposals that shall be submitted, and must award the contract for such work to the person or persons making the lowest offer; provided, that if the Commissioner shall deem that all the proposals are too high, he may reject all the bids made, and may have said work or repairs done with labor and material procured under his direction. The Commissioner of each district is authorized to purchase all material and tools that may be necessary for working or making repairs upon the public roads or bridges in his district; he must keep an account of all such purchases, and must turn over to his successor in office all tools or materials in his hands, taking a receipt therefor. The Commissioner of each district is hereby authorized, by and with the consent of the contractors, to terminate, annul, and abrogate all existing contracts for keeping in repair or constructing public roads; provided, that the approval of the Board of Supervisors therefor shall first be obtained. contractor. SEC. 3. Section four of said Act is hereby amended to read Bond of as follows: Section 4. The Road Commissioner shall, in all cases, require a bond from the contractor for any work contracted to be done under the provisions of this Act, in such sum as shall amount to at least double the sum named in the contract, with not less than two sureties, made payable to the people of the State of California, to be approved by such Road Commissioner; such bond shall be conditioned for the faithful performance of the contract, and must be filed with the County Clerk. contractor. SEC. 4. Section five of said Act is amended to read as fol- Duty of lows: Section 5. Whenever a contract is let under the provisions of this Act, it shall be the duty of such contractor to diligently and faithfully perform and complete the work specified in such contract, in accordance with the terms and conditions thereof, and should any person or persons neglect or refuse to make the improvements, or keep in good repair any road or other work so contracted for, it shall be the duty of the Road Commissioner to notify such contractor to immediately do the required work according to the terms of his contract, and if he or they shall refuse or neglect to comply with said notice for five days after being so notified, then it shall be the duty of the Commissioner to have such work |