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thence easterly along Barrow's south line to the northwest cor- Boundaries ner of lot of O. W. Childs; thence southerly along Childs' west line to the south west corner thereof; thence westerly along the north line of J. W. Hellman's to the north west corner thereof; thence south along Hellman's west line to a point in the north line of a lot owned by J. G. Downey and W. Cardwell; thence westerly parallel to the north line of Commercial Street and about sixty (60) feet distant therefrom to a point in the northwest corner of a lot owned by C. Ducommun; thence southerly along the division line between the lots of C. Ducommun and Josephine Griffins to a point in the north line of Commercial Street; thence southerly across Commercial Street to the northwest corner of the lot of Jean Barre; thence southerly along the west line of Jean Barre's and the lot belonging to the estate of John Goller, deceased, to the southwest corner of the last mentioned lot; thence westerly along the north line of a lot owned by Arthur J. Hutchinson to the northwest corner thereof; thence southerly along the west line of lots belonging to Arthur J. Hutchinson, Josefina Mellus, and C. W. Bush to a point in the north line of Requena Street; thence easterly along the north line of Requena Street and across Los Angeles Street to the point of beginning. The above description is intended to embrace and include those parcels of land lying on the east and west sides of Los Angeles Street and the proposed extension thereof, from the northerly line of Requena Street to the westerly line of Alameda Street, also all lots or parcels of land on cross streets within one hundred (100) feet of the east and west sides of Los Angeles Street; reference being had to a list of assessments on the Book of Liens for the City of Los Angeles in the matter of the extension of Los Angeles Street.

SEC. 3. For the payment of all damages and compensa- Issuance of tion fixed, determined, and allowed by the final confirma- bonds. tion of the report of the Commissioners in said petition and proceeding of the City of Los Angeles vs. H. Newmark, et als., the Council of the City of Los Angeles shall cause to be prepared and issue bonds of the City of Los Angeles, in such form as it may prescribe, no sums not less than one hundred dollars each, and not more than one thousand dollars each, for such an amount as shall be necessary by the sale of such bonds to pay and discharge all such damages and compensation. Said bonds shall be known and designated as the Los Angeles Street Bonds, and shall be payable in twenty years from their date, unless sooner redeemed as in this Act provided, and shall bear interest at seven per cent. per annum, payable semi-annually at the office of the City Treasurer in the City of Los Angeles. Coupons for the interest shall be attached to each bond, so that they may be removed without injury or mutilation to the bond. Such bonds and coupons, consecutively numbered, shall be signed by the Mayor of the City of Los Angeles and the Clerk of the Council, and the seal of said city shall be affixed to each bond. The lithographed signature of the Mayor may be affixed to the coupons.

Sale of

bonds.

Payment of damages.

SEC. 4. The Council of said city may, at any time after the issuance of said bonds, advertise at least one week in some daily newspaper published in the City of Los Angeles that said bonds have been issued, and that the same will be delivered at their par value to the owners of the property sought to be condemned in said proceeding, and if, after thirty days, all the owners of property described in the petition in said proceedings agree to accept the same, the Council shall, on the receipt of the proper deeds and acquittances, deliver to said parties a sufficient amount in bonds to pay said compensation; and the title of said land shall hereupon vest in said city, but if, after thirty days from the last advertisement, the Council shall determine that all of the owners of the property sought to be condemned in said proceedings have not agreed to accept said bonds, then the Council shall cause the same to be sold, but at a price not less than eighty per cent. of their par value, and it shall be the duty of the Mayor of said city, the City Treasurer, and Clerk of the Council of said city to make out and return to the Council of said city, within thirty days after the disposal of said bonds, a list thereof, showing the number and amount of each, and to whom delivered, and for what purpose, which report shall be entered in full upon the minutes of the Council, and the original preserved in the office of said Clerk; and it shall be the further duty of the City Treasurer to enter such lists in a suitable book, which shall be preserved in his office, and in the event of said bonds not being disposed of, as herein contained, within one year from the issuance thereof, then the Council of said city shall proceed with the original proceedings for the collection of the assessment, as if this Act had not been enacted; and all persons are prohibited from taking advantage of any limitation of time by reason of failure to act of the Council of said city, or any of its officers, in any matter relating to the collection of the assessment now levied.

SEC. 5. If the bonds are sold, it shall be the duty of the Council of said city to direct the Treasurer to pay the amount received therefor, or so much thereof as may be necessary, into the said County Court, in payment of damages and compensation awarded by said Commissioners and confirmed by said Court in said action or proceeding of said City vs. H. Newmark et als.; and the Court shall, at any time, on proof being made that the respective amounts of damages awarded and confirmed to the parties in interest in said suit have been paid to them or into Court, shall cause or order to be entered in the minutes, describing the property, setting forth the ascertainment of compensation and the payment as aforesaid, and adjudging and decreeing that said City of Los Angeles have, hold, and enjoy the said property for public use and as decreed in said order, as fully as if the same had been conveyed to it by the owners and other parties in interest and made parties to such proceedings. A certified copy of the order, as entered, may be recorded in the Recorder's office of the county, in like manner and with

like effect as if it was a deed of conveyance to the corporation from the parties defendant to such proceedings.

SEC. 6. There shall be levied, assessed, and collected Interest tax. annually by the Council of said city, through its Surveyor, Assessor, or other employé, at the time other taxes are levied assessed, and collected in said city, a tax upon the lands described in section two (2) of this Act, sufficient to pay the interest on said bonds as the same matures; said tax to be collected out of said land only. The levying of the tax therefor, however, shall be adjusted and distributed according to the front feet of the respective parcels of land as at present determined and described in the assessment, as declared and defined by the Council of said city and entered on the docket of city liens, January 12th, 1878, which is hereby referred to. When collected, the said moneys shall be paid over to the Treasurer of said city, and constitute a part of the Los Angeles Street Fund, and to be paid out by said Treasurer only in payment of the coupons attached to said bonds, as the same from time to time become due. There shall be also levied, assessed, Redemption and collected annually, at the time and in the manner, and Fund. upon the same lands, and in accordance with the same rule of assessments as provided in this section, an additional tax upon each hundred dollars valuation, sufficient to raise onetwentieth of the the principal of said bonds, which shall constitute a sinking fund for the redemption of said bonds. Said moneys, when collected, shall be paid over to the Treasurer of said city, and shall constitute the Los Angeles Street Fund, and shall only be paid out in redeeming the bonds issued in pursuance of the provision of this Act. Whenever the said Treasurer shall have in his custody five Redemption thousand dollars or more belonging to said Los Angeles of bonds. Street Fund as a sinking fund, it is hereby made his duty, and he shall advertise daily for the surrender of said bonds, for the space of ten days, Sundays and legal holidays excepted, in three daily newspapers published, one in the ' City of Los Angeles and two in the City of San Francisco, for sealed proposals, to be opened after the expiration of ten days, by the Treasurer, in the presence of the Council, for the surrender of bonds issued under this Act, which advertisement shall state the amount of money in the custody of said Treasurer for the purpose of redemption, and he shall accept the lowest proposals, at rates not exceeding par value, as may redeem the greater amount of bonds, until the amount of cash on hand for redemption is exhausted; provided, however, that if a sufficient amount of bonds shall not be offered, as aforesaid, to exhaust the sinking fund to a less amount than one thousand dollars, then it is hereby made the duty of said Treasurer to advertise in two daily newspapers, one of which shall be published in the City of Los Angeles and the other in the City of San Francisco, for the period of sixty days, Sundays and legal holidays excepted, which advertisement shall state the amount in the sinking fund and the number of bonds, numbering them in the order of their issuance, which such fund is set apart to pay and discharge; and if said bonds so numbered in such adver

Duty of
Treasurer.

Removal of

tisement shall not be presented for payment and cancellation within thirty days after the expiration of the publication of said advertisement, then said fund shall remain in the treasury to discharge such bonds whenever presented; but they shall draw no interest after publication of said last mentioned notice shall have expired. All bonds and coupons redeemed, as aforesaid, shall be canceled by the Treasurer, in the presence of the Council. The Treasurer shall keep a full and accurate account and record of all his proceedings under this Act, and of the bonds redeemed and surrendered; and all books and papers pertaining to matters provided for in this Act shall, at all times during office hours, be open to public inspection. Taxes levied to pay the interest on said bonds may be paid by the surrender, to the Tax Collector of said city, of such coupons as shall mature within the then current fiscal year; and the said Tax Collector shall turn the same over to the Treasurer, who shall receive the same as cash.

SEC. 7. After the order of condemnation shall have been obstructions. entered by said Court the Council shall, at the expense of said City, proceed to remove any and all buildings and obstructions on the line of said Los Angeles Street, as widened and extended, and any person interfering with or attempting to prevent any person duly authorized by the Council to remove said buildings or obstructions, shall be deemed guilty of a misdemeanor.

Disposal of materials.

Lien to remain.

Council may

pursue action.

SEC. 8. The material composing the buildings and obstructions so removed may be disposed of as the Council of said City may see fit, and the proceeds of all sales to be applied as far as it will go to the payment of the expense of so removing said buildings and obstructions, and the balance, if any, to be deposited in the General Fund.

SEC. 9. And it is hereby provided that the lien now existing upon the land described in section two of this Act, by reason of the assessment declared by the Council of said city, on account of said proceedings and confirmation of the report of the Commissioners therein and docketed on the Book of Liens of said city, shall remain a lien upon the land described in section two of this Act until the payment of the amount for which it is therein assessed, but the owner or owners of the respective pieces of land subject to such lien contained in the description specified in said section two shall have the right at any time to pay the amount assessed and remaining due and unpaid, and thereupon the respective piece or parcel shall be free from such lien, and it shall be the duty of the Clerk of the Council to mark in said Book of Liens, opposite the parcel of land described and on which the assessment is paid, the words "paid in full and lien discharged."

SEC. 10. And it is further provided, that nothing in this Act contained shall prevent the Council of said city from pursuing the said action or proceeding against said H. Newmark et als., or any of the defendants therein, as by law provided when said action or proceeding was commenced, provided there should be a failure to collect within the time provided by law or act of the Council. The assessments

provided for by this Act, by reason of the refusal of the owner of the land assessed to pay the assessment levied, or by payment under protest, and on such failure to collect for such cause, or if the amount assessed is paid under protest, the Council of said city may proceed to collect the assessments as now provided by law, and warrants may be issued in form now provided for in charter of said city, and on failure to pay the amount of the assessment levied, the same proceedings may be taken as if this Act had not been enacted, and all rights and powers in the premises for the assessment and collection of said assessment remain in force and effect the same as if this Act had not been enacted, and the owners of the land assessed are hereby estopped and prohibited from taking advantage of any limitation of time regarding any act or failure to act on the part of the Council, of the city, or any of its officers in any matter or thing relating to the collection of said assessment now levied, and all the acts and proceedings in said proceeding of the City of Los Angeles vs. the said H. Newmark et als., including the order of confirmation and assessment, are hereby declared valid and binding on all the parties named in said proceeding. SEC. 11. This Act shall take effect immediately.

CHAP. CCCXVIII.-An Act for the relief of bondsmen herein named.

[Approved March 23, 1878.]

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

SECTION 1. That Wong Sing and Wong Mow, of the City Release from and County of San Francisco, be and they are hereby released liability. and relieved from all liability on those two certain bail bonds, each in the sum of three thousand five hundred dollars, payable to the people of the State of California, dated and approved September 13th, A. D. 1877; the one conditioned for the appearance of one Wong Ah Ping, and the other conditioned for the appearance of one Tong Yek, in whatever Court the charge in said bail bonds mentioned should be prosecuted.

SEC. 2. This Act shall take effect from and after its passage.

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