Theater license.

statement to the License Collector of the total amount of sales made or business done by them respectively during the three months next preceding the expiration of the last license, which statement shall determine the amount for which such license shall be renewed.

SEC. 11. Every proprietor or lessee of any theater, concert hall, or of any place of amusement, entertainment, or exhibition, shall pay licenses according to the seating capacity of such theater, concert hall, or other place of amusement, entertainment, or exhibition. One seat is twenty-two inches.

First-Those seating nine hundred and seventy-five persons, or more, shall pay a license, if issued for one year, three hundred dollars per annum; if for three months, one hundred dollars per quarter; if for one month, fifty dollars per month; if for one day, four dollars per day.

Second-Those seating less than nine hundred and seventyfive persons shall pay a license, for one year, of two hundred dollars; for three months, seventy-five dollars; for one month, forty dollars; for one day, four dollars.

Third-All licenses issued under the provisions of this section shall be known and designated as "theater license." SEC. 12. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 13. This Act shall take effect immediately.

Trustees

may order work done

CHAP. CCCXXXIV.-An Act to amend an Act entitled "An Act to re-incorporate the Town of Woodland," approved March twenty-fourth, eighteen hundred and seventy-four.

[Approved March 23, 1878.]

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

SECTION 1. Section nineteen of said Act is hereby amended. so as to read as follows: Section 19. The Board of Trustees after notice. may order any of such work to be done after a notice of their intention so to do, signed by the Town Clerk, and published for two weeks. Such notice shall specify in general terms the work to be done, and may refer to preliminary specifications on file for more definite description. At the expiration of such publication the Board shall be deemed to have acquired jurisdiction to order the doing of the work described in such notice, or of any part thereof, and all persons objecting shall, at or before the expiration of such publication, file with the Town Clerk a written statement of their objections, which objections shall be considered by the Board, and the determination of the Board shall be final and conclusive. All proceedings of the Board in relation to the works herein authorized may be had at either regular, adjourned, or called meetings; provided, that persons filing objections shall have

at least one day's written notice or verbal notice of the time of the meeting at which such objections are to be considered.

survey to

Clerk.

SEC. 2. Section twenty of said Act is hereby amended so Trustees as to read as follows: Section 20. Upon ordering the doing may cause of any such work, the Board of Trustees may, if necessary, be made. cause a survey of the same to be made by some competent surveyor, who shall, within such time as may be directed by the Board, return to the Board the field notes, map, or diagram thereof, together with full working specifications therefor, and if no survey be necessary, the Board shall cause only such specifications to be made. If the Board approve the specifications, and if a survey has been made, the field notes, map, or diagram, they shall publish for not less than one week a notice, inviting sealed proposals for doing such work either as a whole or in parts, and may provide by order or by ordinance the terms and conditions upon which contracts may be awarded, except as herein otherwise provided. At the time fixed in the notice for opening the bids, the Board may award the contracts, or may postpone the time of such award, and may also reject all bids, but in no case shall the contract be awarded to any but the lowest bidder. If all the bids are rejected, or if none are presented, the Board shall proceed to re-advertise for proposals. On the completion of Duty of the work, the same shall be inspected by the Town Clerk, and if he find the same to be done in accordance with the contract and specifications, he shall deliver to the contractor a certificate accordingly, and shall publish, at least twice, a notice of the giving of such certificate at any time before the next regular meeting of the Board. After such publication, any person objecting to the acceptance of such work by the Board may file his objections in writing, and the reasons therefor. At such meeting the Board shall hear all objections, and may accept or reject such work, or any part thereof, or may postpone the hearing not more than one week. If the work be accepted, the Board shall cause a warrant for the amount due the contractor to be drawn in his favor, to be paid out of the first money in the treasury applicable thereto. SEC. 3. Section twenty-one of said Act is hereby amended Cost of surso as to read as follows: Section 21. The cost of the sur- whom paid. veys, maps, diagrams, and specifications of any such work, together with the cost of all work done within the space bounded by the side lines of two intersecting streets, shall be paid by the town. The cost of all other work shall be paid in the first instance by the town, but shall be at once collected by the town from those liable therefor, as provided in the next section. The provisions of this and the next section shall also apply to any work heretofore ordered, but for which no contract has been let.

SEC. 4. Section twenty-two of said Act is hereby amended so as to read as follows: Section 22. The cost of all work, except as provided in the preceding section, shall be borne by the owners of the real estate fronting on the street where such work is done, and the cost of the work in each block shall be apportioned between the owners therein in proportion to their respective frontages, such costs to constitute a

vey; by

prepare

roll.

lien upon such real estate from and after the date of the Marshal to order for such work. Upon the acceptance of any such work assessment by the Board, the Marshal shall prepare an assessment roll of the cost thereof, apportioned as herein provided, which roll shall contain a description of each parcel assessed, the amount of the charge assessed thereon, and the name of the owner, if known, or if the owner be unknown, the words "unknown owners" shall be written opposite such parcel. The Marshal shall complete such roll within such time as may be allowed by the Board; and upon the completion of the same shall publish, for one week, a notice that the roll is completed and the assessments thereon due and payable, and that all assessments not paid within three weeks from the first publication of the notice will be delinquent, and that Action com ten per cent. will be added to the amount thereof. At the expiration of the time so fixed, the Marshal shall commence civil actions in the name of the town to foreclose the lien of all delinquent assessments, together with the percentage thereon and the costs of the suits, which percentage and costs shall constitute a lien on such real estate in like manner to the assessment. All moneys collected by the Marshal on such assessment roll shall be paid into the town treasury, in the same manner as other moneys.

menced.

Dangerous sidewalks,

etc.

Power of Trustees to lay out and

SEC. 5. Section twenty-three of said Act is hereby amended so as to read as follows: Section 23. When any street or sidewalk, or any portion thereof, becomes in a condition to be dangerous, the owner of the real estate in front of which such danger exists shall immediately repair the same without notice, and in default thereof shall be personally liable to any person suffering loss or damage by reason of such neglect, for the full amount of such loss or damage; and shall also forfeit to the town a penalty of five dollars per day for each and every day that such repairs remain unexecuted after written notice by the Marshal, which notice may be delivered personally, or posted on such real estate. Said amounts of damages and penalties shall also be liens on such real estate from and after the service of such notice.

SEC. 6. Section twenty-six of said Act is hereby amended so as to read as follows: Section 26. The Board of Trustees open streets. shall have power to order the laying out, opening, alteration, or vacation of any street or alley in said town, after proceedings had as required in this section. They shall first publish for a period of three weeks, in some newspaper published in said town, a notice of their intention to order such laying out, opening, alteration, or vacation, which notice shall be a copy of the resolution of the Board, and shall particularly describe the street or alley to be laid out, opened, altered, or vacated. At the first regular meeting of the Board after the expiration of said publication, the Board may proceed to powers and hear the matter, and may adjourn the hearing from time to time; and if, at the final hearing, the Board shall find that such proposed laying out, opening, or alteration is a public necessity, they shall order the same to be done, and shall appoint three disinterested citizens of the town as Commissioners to estimate the value of the damages and benefits

Commissioners appointed;

duties of.

Trustees.

to

resulting from such work. Said Commissioners, before proceeding to the discharge of their duties, shall be sworn to their faithful performance, and shall publish a notice of their appointment, which notice shall specify the places and times, not less than two, at which any person may appear and give evidence before them touching the value of such damages and benefits; the first of which times shall be not less than two weeks from the publication of such notice. Immediately after such publication they shall proceed to view the street or alley proposed to be laid out, opened, or altered, and may employ the services of a surveyor. After hearing such evidence as may be offered, for which purpose either Commissioner may administer an oath, the Commissioners shall appraise the value of each parcel of land taken by such improvement, and the amount of damage to any tract which, though not taken, or taken only in part, may be injuriously affected. They shall then estimate the amount of benefit to each tract of land to be benefited by such improvement, and shall apportion the gross sum to be paid for compensation and damages among the tracts benefited in proportion to the amount of benefit accruing to each. They shall return their report and appraisement to the Board at least five days before. the next regular meeting thereof, if they were appointed at a regular meeting; otherwise, at least five days before the next regular meeting but one. Any person considering him- Appeal may self aggrieved by the award of the Commissioners may appeal be made to the Board of Trustees, by filing with the Clerk, before the day of such regular meeting, a notice stating the award appealed from and the grounds of appeal. The award of the Commissioners shall be final and conclusive against any person not so appealing. At such regular meeting the Board shall proceed to hear and determine all such appeals, and may correct or modify the awards so as to make the same just and equal. They shall then, by order, award to the persons whose property is taken or injuriously affected the amounts of damages or compensation, respectively, awarded by the Commissioners or by the Board on Appeal, and provide for the payment of the same. They shall also, by the same order, direct the Clerk to make, from the report of the Commissioners as corrected on appeal, an assessment roll of the property assessed for benefits, on which roll each tract shall be specifically described and assessed to the owner, if known, and if not, to "unknown owners." Within such time as may be directed in such order, the Clerk shall complete said roll and place the same in the hands of the Marshal for collection. Upon his receipt of said roll the Marshal Collection of shall proceed to collect said assessments, in the manner how made. provided in section twenty-two of this Act for the collection. of assessments for street work, and all the provisions of said section concerning such collection shall apply to the collection herein provided for, except that the lien of said assessments and costs shall date from the final award of the Board upon the report of the Commissioners. All assessments when collected shall be paid into the town treasury, and all

assessments;

condemna

tion to be

filed.

damages and compensation awarded shall be paid out of the town treasury. Upon the payment or tender of the amounts awarded for damages and compensation, the right of way for such street or alley over each parcel taken shall be deemed to be condemned and to have vested in said town; provided, that when any person assessed for benefits is also entitled to receive any damages or compensation awarded, he may have such damages or compensation set off pro tanto against such benefits, upon filing with the Marshal his receipt for the amount of damages or compensation so set Certificate of off. Immediately after such payment or tender the Clerk shall file, in the office of the Recorder of Yolo County, a certificate of such condemnation, which certificate shall particularly describe each tract condemned and state the name of the owner thereof, and the Recorder shall record the same in the books in which deeds are recorded. Such certificate, or the record thereof, shall be prima facie evidence of the title of the town to the right of way for such street or alley over the tracts therein described. The compensation of the Commissioners and surveyor shall be fixed by the Board, and the same, together with the expenses of the Commission, shall be paid by the town. If the proposed improvement consist solely in the vacation of any street or alley, or of any part thereof, the same may be ordered by the Board at their first regular meeting after the publication of their resolution of intention, without the appointment of Commissioners.

Ordinances; requirements of.

Act not to impair cer

SEC. 7. Section twenty-eight of said Act is hereby amended so as to read as follows: Section 28. All ordinances passed by the Board of Trustees shall be signed by the President and Town Clerk, and published in some newspaper published in the town. In pleading any ordinance of said town it shall be sufficient to refer thereto by its title, number, and date of passage.

SEC. 8. Nothing in this Act contained shall operate to tain rights destroy or impair any right vested in the town, or in any individual, by virtue of the sections hereby repealed or amended, or to put an end to any proceeding heretofore commenced, but the continuation of such proceedings shall conform to the provisions of this Act, saving such vested rights.

Repeal.

SEC. 9. An Act entitled "An Act amendatory of and supplemental to an Act entitled an Act to re-incorporate the Town of Woodland," approved March twenty-fourth, eighteen hundred and seventy-four, approved April first, eighteen hundred and seventy-six, is hereby repealed. SEC. 10. This Act shall take effect immediately.