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and shall be by the Treasurer set apart into a fund to be known as the Road Bond Redemption Fund.

SEC. 8. Whenever there shall be five hundred dollars or over in said Redemption Fund, the Treasurer shall cause a notice to be issued once a week for four weeks in some paper printed in the town that he is prepared to redeem bonds to a certain amount, specifying said amount. And on the day specified in the notice the Treasurer shall, in the presence of a quorum of the Board of Trustees, open all the proposals for the surrender of bonds, and he shall proceed to redeem such bonds as may be offered at the lowest figure; provided, that no bid above the par value shall be accepted. If no bids shall be put in at par or less, or if a sufficient amount shall not be offered to absorb all the money in the said Redemption Fund, then the bonds shall become due and payable in the order in which they were issued, and the Treasurer shall give notice in the manner provided above that certain bonds, describing them, are due and payable, and the interest thereon shall cease from the date of the notice.

SEC. 9. The Board of Trustees of said town may sell any Sale of of the bonds authorized by this Act, after having published bonds. a notice for thirty days in one paper printed in Colusa and one paper printed in San Francisco, inviting proposals for the purchase of the same upon a day to be named in said. notices. The Board shall meet to consider said proposals, and they shall deliver the bonds, with the coupons attached, to the person or persons bidding the highest therefor in gold coin; provided, that the Board may have power to reject all bids.

SEC. 10. All moneys derived from sale of said bonds shall be paid into the town treasury, and shall be set apart as a special fund, to be known as the Town Road Fund, and shall be drawn therefrom, by order of the Board of Trustees, for the purposes hereinafter mentioned.

missioners

of.

SEC. 11. The Board of Trustees shall appoint three citi- Road Comzens of said town, who shall constitute a Board of Road appointed, Commissioners for the purposes herein specified. The Road and duties Commissioners shall examine all the roads leading into said Town of Colusa, for a distance of eight miles, and shall determine what work is necessary to be done for the best interest of said town, and they shall cause plans and specifications to be made for such work. The Commissioners may have work done by contract by the lowest bidder or by the day's work, as they may deem best, and on the certificate of the Commissioners of work performed to their satisfaction, the Board of Trustees shall order the contract price paid for the same out of the Town Road Fund. The Road Commissioners shall receive no salary.

be submitted

SEC. 12. At the election for town officers, on the first Question to Monday in May, eighteen hundred and seventy-eight, the to people. question of issuing said bonds shall be submitted to the qualified voters of the town. The tickets shall contain the words "Road Bonds-Yes," or "Road Bonds-No." If it shall be found that a majority have voted in favor of issuing

said bonds, then the Trustees may issue such amount, not exceeding the limit herein contained, as the Road Commissioners may estimate the necessary work to cost. If the vote shall be against issuing bonds, then no bonds shall be issued.

SEC. 13. The Town Secretary and the Treasurer shall each keep an account of the money received and disbursed under the provisions of this Act.

SEC. 14. This Act shall take effect and be in force from and after its passage.

Construc

tion of bridge

authorized.

CHAP. CCXCVI.-An Act to empower and direct the Board of
Supervisors of the City and County of San Francisco to build
a draw-bridge over Channel Street, at the intersection of Sixth
Street.

[Approved March 20, 1878.]

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

SECTION 1. It is hereby made the duty of the Board of Supervisors of said City and County of San Francisco, within one year from the passage of this Act, to construct a bridge across Channel Street of said city, at the intersection of Sixth Street, of said City and County of San Francisco, and that said bridge shall be constructed with a draw, and shall be made of such dimensions and material as to said Board of Supervisors shall seem best, at a cost not to exceed seven thousand dollars, and that said bridge be a free public bridge, and suitable for the accommodation of the traveling public.

SEC. 2. The Board of Supervisors of said city and county are hereby authorized and directed to order paid from the General Fund of said city and county all the cost of the construction of said bridge, and it is hereby made the duty of the Auditor of said city and county to audit all such demands for the construction of said bridge, and of the City and County of San Francisco to pay the same.

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

Fees of
Sheriff.

CHAP. CCXCVII.-An Act to amend an Act to regulate the traveling fees of the Sheriff of the Counties of Inyo and Alpine, and of the Constables within said counties.

[Approved March 20, 1878.]

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

SECTION 1. In the Counties of Alpine, Inyo, and Mono, the Sheriff shall receive for traveling the fees hereinafter

specified: For traveling, to be computed in all cases from the Court-house, to serve any summons and complaint, or any other process by which an action or proceeding is commenced, motion, rule, order, subpoena, attachment on property, to levy an execution or other order of sale, to execute an order for the delivery of personal property or writ of restitution, to hold an inquest on trial of the rights of property, or in executing a writ of habeas corpus, for each mile necessarily traveled, in going only, forty cents; provided, that if any two or more papers required to be served in the same suit, at the same time and in the same direction, one mileage only shall be charged to the most distant points to complete such service. For every mile necessarily traveled, in going only, in executing any warrant of arrest, subpoena, or venire, bringing up a prisoner on habeas corpus, taking prisoners before a Magistrate or to prison, or for mileage in any criminal case or proceeding, forty cents; provided, that in serving a subpoena or venire, when two or more witnesses or jurors reside in the same direction but one mileage shall be charged.

SEC. 2. Section two is hereby amended so as to read as Fees of follows: Section 2. In said Counties of Alpine, Inyo, and Constables. Mono, the traveling fees of Constables, to be computed in all cases from the Justice's office, shall be forty cents per mile for each mile necessarily traveled, in going only; for serving any summons, writ, warrant, or other paper issued out of a Justice's Court, either in a civil or criminal action or proceeding; provided, that if any two or more papers required to be served in the same suit, at the same time, and in the same direction, one mileage only shall be charged to the most distant points to complete such service; provided, that in serving a subpoena or venire when two or more witnesses or jurors reside in the same direction but one mileage shall be charged.

SEC. 3. Section three is hereby amended so as to read as follows: Section 3. All Acts and parts of Acts, so far as they relate to the Counties of Alpine, Inyo, and Mono, in conflict with the provisions of this Act, are hereby repealed. SEC. 4. This Act shall take effect and be in force from and after its passage.

CHAP. CCXCVIII.-[See volume of Amendments to the Codes.]

CHAP. CCXCIX.-[See volume of Amendments to the Codes.]

Irrigation district constituted.

Government.

Appointment of Commis

Overseer.

CHAP. CCC.-An Act to provide for and regulate irrigation in the Township of Los Nietos, in the County of Los Angeles.

[Approved March 20, 1878.]

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

SECTION 1.

The Township of Los Nietos shall constitute one irrigation district, and for the purposes of this Act be known as Los Nietos Irrigation District.

SEC. 2. There shall be in said Los Nietos Irrigation District a Board of Water Commissioners consisting of three members, one Overseer of Water, all of whom shall be elected or appointed, and shall qualify as hereinafter provided.

SEC. 3. It shall be the duty of the Board of Supervisors of the County of Los Angeles, upon the filing of a petition sioners and signed by thirty or more of the irrigators of said Los Nietos Township, to appoint three persons, resident irrigators of said district, who shall act and constitute a Board of Irrigation Commissioners, and also, upon petition as is required for the appointment of Commissioners, appoint an Overseer of Water, who shall be a resident of said district. The Board of Supervisors shall cause to be issued to each person appointed a certificate of his appointment. All officers so appointed shall, within ten days after receiving certificates of appointment, take the usual oath of office, to be indorsed on said certificate of appointment and filed in the office of the Clerk of the County Court of the said county. Said Commissioners and Overseer so appointed shall hold office until their successors are elected and qualified, which election shall be at the general election every two years thereafter. The Commissioners appointed in compliance with the provisions of the last section shall meet within fifteen days after their appointment and qualification and elect one of their number as President, and one Treasurer, and one Clerk, after which time they shall be known as the Board of Water Commissioners of Los Nietos Township, Los Angeles County. Said Commissioners, before entering upon the discharge of their duties, shall each make and execute to the people of the State a good and sufficient bond in the sum of one thousand dollars, conditioned for the faithful performance of their duties.

Officers to give bond.

SEC. 4. The Overseer of Water and the Treasurer shall each, before taking charge of their several offices, make and execute to the Los Nietos Irrigation District a good and sufficient bond, in the sum of two thousand dollars, with two or more sureties, conditioned for the faithful performance of their duties as such officers, said bond to be approved by the County Judge of the county and filed with the Clerk of the County Court of said county, all of which shall be done within ten days after the organization of said Board.

SEC. 5. It shall be the duty of the Board of Supervisors of the said County of Los Angeles, whenever they issue their

proclamation for the election for county and township officers for said county, to insert in their said proclamation an order for the election of three Commissioners and one Overseer of Water, for said water district, and said election of said Commissioners and Overseer of Water shall be voted for at the same time and places and in all respects as township officers.

Commis

SEC. 6. As soon as the Commissioners are appointed or Duty of elected and qualified as in this Act provided, they shall pro- sioners. ceed to take possession of and control of all the water-courses, ditches, dams, aqueducts, flumes, reservoirs, and irrigating structures and works in said district (except such as are owned by private parties, or by companies or corporations legally organized under the laws of this State), and shall determine the amount of water which shall be given and used as an irrigating head, and cause the same to be measured and issued to the irrigators; to use all means necessary to cause the water of said district to be utilized to the best interest of the irrigators. The Board of Commissioners shall have power to receive conveyances for rights of way for ditches or dams, reservoirs, and canals, and shall have power to maintain an action for the condemnation of an easement or right of way for any ditch, etc., over any lands in the district in the same manner as is now or may hereafter be provided by law for the condemnation of rights of way for public roads when, in their judgment, the necessity of the district, for the benefit of irrigation, requires it.

SEC. 7. Cause to be made out in alphabetical form, and Same. entered of record, a list of all the irrigators in the district, the amount of land each desire to irrigate, and the number of acres heretofore irrigated; make and declare such rules and regulations as may be just in regard to the time of irrigation, and the number of times required for the proper assurance of a crop, and for the purposes of determining the necessity of any second, third, or fourth irrigation of any one crop may visit and examine the said crop; hear and determine as a Board of Arbitrators all differences arising between irrigators and the Overseer of Water, or between irrigators, when submitted to them; order the distribution of the water to those entitled by the Overseer, beginning nearest the head or main source of the ditch, and thence to the next, and so on throughout the district; provided, that the supply of water is sufficient to water the entire district within thirty days; and in case the supply is insufficient, then the Board must determine the amount of water and the time to be used, so as to insure a crop to the greater number, and not allow the water to be wasted by wetting long ditches or the watering of stock. When the water is turned in at the head of the main ditch, persons on the side ditches must receive the same by some representative of the side ditch selected by the irrigators of the said side ditch, from the Overseer, and notice in writing of the time each irrigator on said side ditch is entitled to use the same; and when the water is so turned in to a side ditch, any person using the water from said side ditch who neglects or refuses to use

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