such compensation for their services in this behalf as the Mayor and Common Council shall determine, to assess the benefits to each separate lot of land fronting on said proposed street and the extension thereof, and half the distance of the adjoining blocks on each cross street; and in case any street so improved, or the extension thereof, passes through lands not designated by blocks, then, in that case, 137 feet from the corner of any cross street. Commis SEC. 5. The said Commissioners shall, without delay, be Duty of severally sworn by the County Judge or other person com- sioners. petent to administer oaths. They shall thereafter proceed to assess two-thirds of the amount of such damages, expenses, and costs upon said lots, which are hereby declared to be benefited, as near as may be in proportion to the benefits which shall be deemed to accrue to each lot respectively; and said assessment shall be made in United States gold coin. The City of San José shall be liable for and pay the amount of the remaining one-third of said assessment. SEC. 6. Said Commissioners shall make their report, in writing, within sixty days after their appointment, and file it in the office of the City Clerk, with a special designation of the amount assessed against each lot or parcel of land, which should be paid by the owner or occupant of the same, together with a description of each parcel so assessed, and the name of the owner or occupant thereof, if known. On filing such report, the City Clerk shall give notice thereof for ten days in some newspaper published in said city. appointed report. SEC. 7. It shall be the duty of the Mayor, at the next reg- Referee' ular meeting of the City Council after the making of the committee publication directed to be made in the last preceding section, for hearing to appoint a committee of three members of said Common objections to Council, to whom said report or reports shall be referred, which said committee shall hear any objections to the con-firmation of said report or reports, upon a day to be appointed by them, said day not to exceed fifteen days after their appointment, and upon such day or days as the hearing may be adjourned to, but no adjournment of such hearing to be for more than three days. Such committee shall hear the allegations of the parties interested who may appear before them, and may take proof in relation thereto, and shall recommend the confirmation or rejection of said report or reports, and said committee shall make said recommendation within thirty days after their appointment. The Mayor and Common Council may, thereupon, confirm the report of said Commissioners, or may set it or any one of them aside and refer the matter back to the Commissioners to readjust the same, if, in their judgment, it shall appear best, and upon the filing of their report or reports thereafter, the same proceedings shall be had as is herein provided for the first report or reports, and the action of the Mayor and Common Council herein shall be final and conclusive. to become lien. SEC. 8. Upon the confirmation of said Commissioners' Assessment report or reports by the Mayor and Common Council, as aforesaid, the amount assessed against each lot or parcel of land therein described shall immediately become a lien Form of assessment roll. upon the respective lots and parcels upon which the same may be assessed; and the Mayor of said city shall thereupon cause an assessment roll or rolls, as the case may be, to be made, in the form used for assessment rolls in said city, except in such assessment roll or rolls to be made from such report or reports as confirmed, shall be set down in separate columns: First-The name of all persons or corporations, being the owners or occupants of the lands benefited, when the same is known, and if not known, then that fact to be stated. Second-The description of the tract, lot, or parcel of land in respect to which said person or persons, or corporation, or unknown owner is assessed. Third-The amount, in United States gold coin, which has been assessed against such described tract, lot, or parcel of land. Collection of To which said assessment roll or rolls the Mayor shall assessments. annex his warrant and cause the same to be delivered to the Duty of Tax Collector of said city, who shall proceed to collect the same, in the United States gold coin, in the manner prescribed by law for the collection of general taxes in said city, including the same penalties for a failure to pay the same when due and payable that is prescribed for a like failure in the payment of general taxes in said city, and the same proceedings shall be had to enforce the collection of said several amounts as may be returned delinquent as is provided for the collection. of delinquent taxes due said city; provided, that the Collector shall cause notice to be published, in some daily newspaper published in said city, of the time and place for the payment to him of such assessment, and the time that the same shall become delinquent, which shall be thirty days after he shall have received said assessment roll. SEC. 9. The Tax Collector of said city shall, at the end of every ten days after the receipt by him of said assessment roll or rolls, or either of them, reported to the Mayor and Common Council the amount of money collected by him within the preceding ten days upon such assessment, and as soon as a sufficient sum has been received the said Mayor and Common Council shall direct the payment to the persons named in said decree of confirmation as are entitled to said compensation so decreed to be paid for said tract or tracts of land; and thereupon, the real estate, or the right, title, and interest thereon described in said report, shall be and become the property of said city, and shall be deemed to be acquired for and appropriated to public use as a highway or street of said city. SEC. 10. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 11. This Act shall take effect and be in force from and after its passage. CHAP. CCCCXIX.-An Act to provide for the refunding of the funded debt of Siskiyou County, California. [Approved March 28, 1878.] The People of the State of California, represented in Senate and authorized. SECTION 1. The Chairman of the Board of Supervisors Refunding and the County Auditor of Siskiyou County shall constitute a of debt Board of Funding Commissioners, who are hereby authorized to refund the outstanding funded debt of said county, upon the terms and conditions hereinafter provided. SEC. 2. The Board of Funding Commissioners shall cause Issuance to be prepared bonds equal in amount to the principal of the of bonds. present outstanding bonded indebtedness of the County of Siskiyou, falling due on the first of January, A. D. eighteen hundred and eighty-nine. Said bonds shall be of the respective denominations of one hundred and five hundred dollars each, shall bear date of January first, A. D. eighteen hundred and seventy-nine, and shall be made payable on or before the expiration of ten years from the date of their issue. Said bonds shall bear interest at the rate of seven per cent. per annum, payable annually, on the first day of January of each year, at the office of the County Treasurer of said Siskiyou County. Said bonds, when issued, shall be numbered consecutively, signed by the Chairman of the Board of Supervisors, countersigned by the County Auditor, and impressed with the seal of said county. SEC. 3. Coupons for the interest falling due each year Interest shall be annexed to each bond. Said coupons shall be signed coupons. by the Chairman of the Board of Supervisors and countersigned by the County Auditor of said county. Whenever coupons are presented for payment and paid as provided in this Act, it shall be the duty of the County Treasurer to cancel the same by writing or printing across the face thereof the words" canceled," sign his name thereto, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. SEC. 4. It shall be the duty of the Board of Funding Com- Duty of missioners to keep a correct record of the number, date, and Board. amount of all bonds issued by them under the provisions of this Act, and to refund no bonds, except the bona fide bonds of the County of Siskiyou falling due January first, A. D. eighteen hundred and seventy-nine, and the Auditor shall certify to the Treasurer the date, amount, and number of each bond issued under the provisions of this Act, who shall file the same in his office for convenient reference. SEC. 5. The Board of Funding Commissioners shall meet Meeting of at the Auditor's office, at the county seat of said county, Board for on certain the first day of January, A. D. eighteen hundred and seventy- purposes. nine, for the purpose of receiving and canceling the then outstanding bonds of said county, and issuing new bonds therefor, as provided in this Act, and said Board shall continue in session so long as necessary to accomplish that Payment of interest; object, not exceeding six days. They shall cause to be published, in some newspaper published in said county, once a week for thirteen consecutive weeks next preceding said meeting, a notice stating the time, and place, and purpose of said meeting, and such publication shall be held to be sufficient notice to all persons holding any of the bonds of Siskiyou County to present the same for refunding, in conformity with the provisions of this Act. All bonds not presented, in accordance with the terms of this Act, for refunding, shall cease to bear interest from that time until so presented, and no suit shall be maintainable for the recovery thereof against the county for ten years thereafter. The Board of Funding Commissioners shall draw how made. their order on the Interest Fund of said county, or on the General Fund, if there be not sufficient moneys in the Interest Fund to pay the same, for all interest due and payable on the first day of January, A. D. eighteen and seventy-nine, on the bonds presented for cancellation and refunding, as herein provided. They shall also cancel all bonds so presented, and cause the same to be filed in the office of the Auditor of the county. Interest tax. Interest; how paid when amount of tax is SEC. 7. The Board of Supervisors of the County of Siskiyou shall annually thereafter, for ten years, commencing with the year eighteen hundred and seventy-nine, levy, in addition to the ordinary taxes of said county, a special tax of not to exceed thirty cents on each one hundred dollars valuation of taxable property, to be termed "interest tax," which tax shall be assessed and collected in the same manner as other State and county taxes are assessed and collected. The fund derived from said tax shall be known as the "Interest Fund," and shall only be applied to the payment of the interest and principal of said bonds until they shall be fully paid and discharged. SEC. 8. Should the amount raised by the interest tax in any given year be inadequate to the payment of the interest falling due on the succeeding January, in order to protect insufficient. the faith of the county, it shall be the duty of the Board of Supervisors to make ample provision for the payment of said interest as it becomes due and payable, and for that purpose may transfer from the General Fund of said county the amount requisite to meet the deficiency, or, in the event of there being no money in the General Fund, may loan the same for a period not exceeding one year, and at a rate of Payment of interest not exceeding ten per cent. per annum. In the event of said deficiency being met by loan, it shall be the duty of the Board of Supervisors to authorize and direct the County Auditor to draw his warrant on the General Fund of the county for the amount so loaned, in favor of the party or parties so loaning the amount required to meet said deficiency as aforesaid, expressing therein the rate of interest , agreed upon, not exceeding ten per cent. per annum, and made payable on a day certain, and it shall be the duty of the Treasurer to pay the same, and for the payment of which the Board shall make provision in the amount of taxes levied for that year. loan; how made. Fund. SEC. 9. The Board of Supervisors shall, annually, cause sinking to be set apart as a sinking fund all moneys of the Interest Fund that may remain, if any, after paying the interest due and payable for the current year, and all moneys of the General Fund, if any, that may remain after paying all the outstanding liabilities of the year. The Treasurer shall keep an account, to be designated the "Sinking Fund Account,' in which shall be entered a correct account of all moneys transferred to said fund, the date of the transfer, and the fund from whence transferred. of bonds. SEC. 10. Whenever at any time there shall be in the Redemption Sinking Fund a sum equal to one thousand dollars or more, the County Treasurer shall advertise, in a newspaper published in the county, once a week for four consecutive weeks, for sealed proposals for the redemption of said bonds; said proposals to be filed with the County Treasurer on or before the hour of nine A. M. of the day stated in the notice for opening the same. At twelve o'clock M., pursuant to notice, the Treasurer, at his office, in the presence of the Auditor and such others as may desire to be present, shall proceed to open said sealed proposals and to accept such bids as propose to surrender bonds at the lowest valuation, not exceeding par value, to the amount then on hand in the Sinking Fund. Should there be no proposals offering to surrender bonds at less than par value, it shall be the duty of the Treasurer to pay said bonds, in the order of their issue, to the amount then on hand in the Sinking Fund; and said bonds, if not surrendered in pursuance of the notice aforesaid, shall thereafter cease to bear interest. At any time when there shall be money enough in the Sinking Fund to pay off and discharge all of the outstanding bonds issued under the provisions of this Act, it shall be the duty of the County Treasurer to publish a notice for thirteen consecutive weeks, in some newspaper published in said county, notifying the holders of said bonds then outstanding to present the same for payment; and all bonds not presented for payment in accordance therewith shall cease thereafter to bear interest. SEC. 11. Whenever any bonds shall have been paid and Cancellation redeemed, the County Treasurer shall mark the same and of bonds. each of the coupons thereto attached "canceled," affixing the date of cancellation, and shall sign his name thereto and forthwith deliver the same to the County Auditor, taking his receipt therefor, who shall make an entry of such payment and cancellation opposite to the record of the issuance of said bonds, and shall file said canceled bonds and coupons in his office. payment of SEC. 12. The Board of Supervisors shall make provision Provision to for the payment of the necessary expenses in preparing said be made for bonds, and shall audit and allow such sum to the Chairman expenses. of the Board of Supervisors and County Auditor, for their services as Funding Commissioners, as shall be reasonable, not exceeding five dollars per day to each of said Commissioners for all time actually and necessarily employed as such, not exceeding six days as aforesaid, and to the Chair |