Surplus to be returned to owner. to pay the taxes, percentage, and costs. The salé must be made after one week's notice of the time and place thereof, given by posting in three public places. For seizing or selling personal property, the Tax Collector may charge, in each case, the sum of three dollars, for the benefit of the district, and mileage at the rate of twenty cents per mile. On payment of the price bid for any property sold, the delivery thereof, with a bill of sale, vests the title thereto in the purchaser. All excess over the taxes, per cent., and costs of the proceedings of any such sale, must be returned to the owner of the property sold, and until claimed must be deposited in the treasury of the district, subject to the order of the owner, his heirs or assigns. The unsold portion of any property may be left at the place of sale at the risk of the owner. SEC. 35. Interest at the rate of one per cent. per month must be collected on all delinquent taxes from the time they Validity of were first delinquent until paid. When land is sold for taxes correctly imposed, as the property of a particular person, no misnomer of the owner, or supposed owner, or other mistake relating to the ownership thereof affects the sale, or renders it void or voidable. Interest. sale not affected by mistakes. Duty of Tax Redemption of bonds. SEC. 36. On the first Monday in each month the Tax Collector must settle with the Secretary of the Board for all moneys collected for taxes, and pay the same over to the State Treasurer, and within six days thereafter he must deliver to and file in the office of the Secretary a statement under oath showing: First-An account of all his transactions and receipts since his last settlement. Second-That all money collected by him as Tax Collector has been paid. The Tax Collector shall also file in the office of the Secretary the receipt of the State Treasurer for the money so paid. SEC. 37. Upon the presentation of the coupons due to the State Treasurer he shall pay the same from said Bond Fund. Whenever, after ten years from the issue of said bonds, said fund shall amount to the sum of ten thousand dollars, the Board of Commissioners may direct the State Treasurer to pay such an amount of the said bonds as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising for three weeks in some daily newspaper published in the City and County of San Francisco, and State Capital, for sealed proposals for the redemption of said bonds. Said proposals to be opened by the Board in open meeting at a time to be named in the notice, and the lowest bid for said bonds shall be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided, said money shall be invested by the State Treasurer, under the direction of the Board, in United States gold interest-bearing bonds, or the bonds of the State, which shall be kept in said Bond Fund, and may be used to redeem said district bonds whenever the holders thereof may desire. work. SEC. 38. After adopting a plan of said canal and works, Advertisedivided into convenient sections, the Board of Commis- ment to do sioners shall give notice, by publication thereof not less than twenty days in one newpaper published in each of the counties comprising the district, and one daily newspaper in the City and County of San Francisco, and in such other newspapers as they may deem advisable, calling for bids for the construction of each separate section of the work so advertised, including the furnishing of any material required therefor, and that plans and specifications can be seen at the office of the Board, and that the Board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposals, which, at the time and place appointed, shall be opened in public, and as soon as convenient thereafter the Board shall let said work, either in sections or as a whole, but said canal and works shall be completed so that water can be carried to a point in said canal within twentyfive miles of Los Baños before work shall be commenced north of Los Baños. If there are two bids equally low, then and in that case if one of such bidders is a resident of the district he must have the preference. Contracts for the purchase of material shall be awarded to the lowest responsible bidder. Any person to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the Board, payable to the State of California for the use of said district, for one-fourth the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the Chief Engineer, and be approved by the Board. allowed by SEC. 39. No claim shall be paid by the State or District Claims to be Treasurer until allowed by the Board, and only upon a Board before warrant signed by the President and countersigned by the paid. Secretary; provided, that the Board may draw, from time to time, from the Construction Fund, and deposit in the district treasury, such sums as shall be required to meet the current expenses of said canal and works; but there shall not be at any time more than fifty thousand dollars in the district treasury. The Board shall, at each regular meeting, ascertain the amount of money in the treasury of the district, and estimate, as near as may be, the amount required to meet all warrants to be presented before the next regular meeting, and shall then order the surplus, if any, to be paid to the State Treasurer; and said suplus shall be placed by him to the credit of the Bond Fund of the district. The Duty of Treasurer of the district shall report, in writing, to the District Board each month the amount of money in the treasury, and amount of receipts for the month, and the amount and items of expenditures. Said report shall be filed with the Secretary of the Board. Treasurer. SEC. 40. The cost and expense of purchasing and acquir- Expenses; ing property, and constructing the works and improvements how paid. herein provided for, shall be wholly paid out of the Construction Fund. From time to time, as portions of said work of water. Disposition are so completed as to be put into convenient operation and use, the water mentioned in this Act shall be first applied to purposes of irrigation; and in making such application the Commissioners shall allow to the owners or possessors of all irrigable lands within the district such quantities of such water as shall be fair, equitable, and in proportion to their needs and requirements as such land owners or possessors. All water not needed for irrigation, or which can be applied to other purposes without interfering with or preventing the complete irrigation of all irrigable land in the district for which water is applied for, shall be used for and applied to such other purposes as the Commissioners may direct; and whenever it can be done, without failing to accommodate the necessities and requirements of irrigation, the Commissioners may sell the use of said water for manufacturing or Board to fix other purposes. The Board may fix the rates and charges, and collect the same from all persons using said canal or works for irrigation and other purposes, subject, however, to the power of the Legislature to change, alter, or modify such Application water-rates and charges. The proceeds of collections made of proceeds. for water used for any other purpose than irrigation shall be deposited in the district treasury, and be applied: rates, etc. If proceeds are insuffi then. First-To the payment of the expenses of the care, operation, management, repair, and improvement of such portions of said canal and works as are completed and in use, including salaries of officers and employés. Second-To the payment of the interest on said bonds; and If said proceeds be insufficient to pay said expenses of care, cient, what operation, management, repair, and improvement, the Board of Commissioners may collect from persons using said water for irrigation such rates and charges as will suffice to pay said deficiency, charging each person benefited, as near as practicable, equally and uniformly, according to the water used; but shall, as near as practicable, only collect from irrigators sufficient revenue to pay said deficiency; and from time to time, as it deems best, the Board shall fix the amount of said charges upon irrigators so as to raise only the revenue aforesaid. Power of Board to construct works; where. SEC. 41. The Board of Commissioners shall have power to construct the said works across any stream of water, watercourse, bay, street, avenue, or highway, railway, canal, ditch, or flume, which the route of said canal shall intersect or cross, in such manner as to afford security for life and property; but said Commissioners shall restore the same, when so crossed or intersected, to its former state, as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by said works shall unite with said Commissioners in forming said intersections and crossings, and grant the privilege aforesaid; and if such railroad company and said Commissioners, or the owners and controllers of the said property, thing, or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to the taking of lands. The right of way is hereby given, dedicated, and set apart to locate, construct, and maintain said works over and through any of the swamp and overflowed lands belonging to this State, or any other lands which are now or may be the property of this State; and also there is given, dedicated, and set apart, for the uses and purposes aforesaid, all waters and water rights belonging to this State within the district, necessary for said purposes. tion of Com SEC. 42. The Commissioners shall each receive four dol- Compensalars per day, and mileage at the rate of twenty cents per mile missioners. in attending meetings, and actual expenses paid while engaged in official business under the order of the Board. The Assessor shall receive a salary of twelve hundred dollars per annum, and the Tax Collector shall receive a salary of fifteen hundred dollars per annum for his services as Tax Collector, and the Treasurer shall receive one thousand dollars per annum, to be paid out of the treasury of the district. SEC. 43. The cutting or willful damage of any canal, ditch, Felony. or other works of the district, or unauthorized taking of water therefrom, or the drainage of cesspools or other filth into such canal, ditch, or other works, is hereby declared to be a felony, punishable by a fine of not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding two years, or by both such fine and imprisonment, at the discretion of the Court. SEC. 44. If any Commissioner, or any other officer hold- Same. ing office under and by virtue of this Act, shall in any manner be interested, directly or indirectly, in any contract awarded, or to be awarded, by the Board, or in the profits to be derived therefrom, he shall be deemed guilty of a felony, and such conviction shall work a forfeiture of his office, and he shall be punished by imprisonment in the State Prison for a period of not less than one year nor more than five years. authorized SEC. 45. To facilitate the organization of the district, the Board Board of Commissioners are hereby authorized and empow- to borrow ered to borrow, upon the credit of the district, a sum not money. exceeding twenty-five thousand dollars, to be repaid out of any money realized from the first sale of bonds. The Commissioners and officers of the irrigation district herein provided for shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the bonds in this Act provided for; and any debt or liability in excess of said amount shall be and remain absolutely void. SEC. 46. No Chinese labor shall be employed in the con- No Chinese. struction of any canal or ditch provided for in this Act. SEC. 47. This Act shall take effect from and after its pas sage. Appropria tion authorized. CHAP. CCCXLVI.—An Act to pay the claim of Mary M. Springer, widow and heir of Thomas A. Springer, late State Printer, deceased. [Approved March 23, 1878.] The People of the State of California, represented in Senate and SECTION 1. The sum of seven thousand dollars is hereby appropriated out of any money in the General Fund, in the State treasury, to Mary M. Springer, widow and heir of Thomas A. Springer, late State Printer, deceased, for balance of a claim, unpaid, for State printing. SEC. 2. The Controller of State is hereby directed to draw his warrant on the Treasurer of State, in favor of said Mary M. Springer, for the sum of seven thousand dollars, in payment of said claim, and the Treasurer of State is hereby directed to pay the same; provided, that this shall be in full compensation for all claims of the late Thomas A. Springer against the State of California, as State Printer. SEC. 3. This Act shall take effect and be in force from and after its passage. Organization of district legalized. CHAP. CCCXLVII.—An Act ratifying and legalizing Reclamation District Number Fifty-four of this State, in Sacramento County, and the by-laws and proceedings thereof. [Approved March 25, 1878.] The People of the State of California, represented in Senate and SECTION 1. The organization of Reclamation District reclamation Number Fifty-four, effected and adopted in the year eighteen hundred and sixty-five, and the reorganization thereof had and effected in the year eighteen hundred and sixty-eight, and the by-laws adopted in said district, and all elections of Trustees had therein subsequent to such organization, are approved, confirmed, and declared valid and binding in law, notwithstanding any defect or irregularity in such organization, elections, or adoption of by-laws; and the said district is declared to be a regular[1]y organized reclamation Boundaries district of this State. The said district is situate on Sherman Island, in the County of Sacramento, and is embraced within the following boundaries, to wit: Commencing at the intersection of Sacramento River and Three-mile Slough, running thence down the bank of said slough to the San Joaquin River; thence down the San Joaquin River to the center of Mayberry Slough; thence up and along the center of said slough to its natural head; thence in a northwesterly direction to a stake on the bank of the Sacramento River, marked "fifty," and established by the County Surveyor of the County of Sacramento; thence up and along the Sacramento defined. |