to be removed, all obstructions from any public highway heretofore declared such, or any that may be hereafter declared as a public highway. Any person or persons resisting or offering to resist the Commissioner, or any person or persons acting under his authority or direction, in the removal of obstruction, shall be deemed guilty of a misdemeanor, which shall be punished as other misdemeanors are punished by law; provided, that the Commissioner may, on public highways passing through thinly populated and little traveled districts, and where he may decide that the damages to the owners of the land through which the road passes, in consideration of the necessity of erecting fences along the line thereof, shall be greater than the benefits to be derived by the public, authorize the erection and maintenance of gates thereon, and any one who leaves open such gate shall forfeit to the injured party double damages. be fined. SEC. 21. If any person shall willfully destroy or injure Persons can any bridge, plank road, or causeway, or remove or cause to be removed any of the plank or timber thereof, or cut down or injure any tree planted or growing as a shade tree in any highway, street, or lane, or damage such highway, street, or lane, by digging in it, he shall be liable to be prosecuted before a Justice of the Peace of the township in which such. road, street, or lane is situated, by the Road Commissioner, contractor, or any citizen of the township, and on conviction shall be fined in any sum not less than ten nor more than fifty dollars. to County SEC. 22. All fines collected under the provisions of this Fines paid Act shall be paid into the county treasury for the benefit of Treasurer. the County Road Fund of Amador County. SEC. 23. The Board of Supervisors shall have power to Property tax levy a property tax, which shall not exceed twenty-five cents to be levied. on each one hundred dollars of real and personal property in the county, for road purposes, to be levied and collected at the same time and in the same manner as other property taxes are levied and collected, and the property tax thus levied and collected shall be paid into the county treasury for the benefit of the public roads of the county. And it is hereby made the duty of the Tax Collector, upon paying into the treasury the moneys so collected, to furnish to the Auditor and Treasurer of said county a statement showing the amount of such tax collected in each of the townships of said county. Said Auditor and Treasurer shall thereupon apportion and place to the credit of the District Road Fund of each Commissioner's District the respective amounts so collected in said district. All work done or repairs made upon the public Work, etc.; roads in the several districts, or material or tools purchased how paid, therefor, shall be paid by warrants drawn against the particular District Road Fund in which said work was done; said amounts or claims to be first audited and allowed at a regular meeting of the Board of Supervisors; provided, that no warrants shall be audited or drawn against any District Road Fund so as to make the outstanding warrants of said district, in the aggregate, exceed the money placed to the credit of such district over one thousand dollars. Moneys disbursed. Maps, etc. Road Com missioners pass free. Sheriff ex officio Road Tax Collector. file bond. SEC. 24. All moneys disbursed by the County Treasurer from the County Road Fund shall be paid out on orders drawn by the Board of Supervisors, sitting as an auditing board, in the manner now provided by law. SEC. 25. All maps and field notes made and compiled under the provisions of this Act shall be deemed and considered public records, and the original and certified copies thereof shall be prima facie evidence of the contents and correctness thereof in all the Courts of this State. SEC. 26. The Road Commissioners shall be and they are hereby authorized, entitled, and privileged to pass over all toll-roads, turnpike roads, ferries, and bridges within their several districts, with animal and vehicle, free of toll at all times when in the performance of their official duties. SEC. 27. The Sheriff of Amador County shall be ex officio Road Tax Collector, and shall collect the road poll tax of two dollars from each person, as in this Act provided, with power to appoint such number of deputies as he may require, and shall be entitled to receive ten per cent. upon all sums Assessor to collected, as provided in section seventeen. The Assessor must file a bond, conditioned for the faithful discharge of his duties as Road Tax Collector, in the sum of five thousand dollars, with sufficient sureties; such bond to be approved by the County Judge and filed with the County Clerk, before entering upon the discharge of such duties. He must make a report to the Auditor on the first Monday of each month, verified by his oath, showing the amount of road poll taxes collected during the preceding month, and must pay such amount, less his fees for collecting the same, to the County Treasurer, taking his receipt therefor, and file a duplicate receipt with the Auditor. Sheriff fees. SEC. 28. The Sheriff of Amador County, elected prior to the passage of this Act, shall be ex officio Road Tax Collector for the term for which he was elected Sheriff, with power to appoint deputies, and shall be entitled to receive ten per cent. upon all sums collected, as provided in section seventeen of this Act. SEC. 29. All Acts or parts of Acts in conflict with this Act are hereby repealed. SEC. 30. This Act shall take effect and be in force from and after its passage. Corporate name and rights. CHAP. CCCCLXII.-An Act to incorporate the Town of Dixon. The People of the State of California, represented in Senate and SECTION 1. The people residing within the boundaries of that tract of land in Silveyville Township, Solano County, California, described in section two of this Act, are hereby constituted a body politic and corporate, by the name of the Town of Dixon, and by that name shall have perpetual succession, may sue and be sued in all Courts and in all actions whatsoever, and shall have and use a common seal and alter the same at pleasure, and may purchase, receive, hold, and enjoy real and personal property, and sell and dispose of the same, subject to the provisions and limitations of this Act, and in no other way whatsoever; provided, that this Act shall not take effect unless at the first election mentioned in section three of this Act a majority of the legal voters residing within the corporate limits of said town, as described in section two of this Act, shall vote in favor of the incorporation of said town. boundaries. SEC. 2. Commencing at a point on the north line of the Corporation southeast quarter of section fourteen, township seven north, range one east, where the land of John S. Mayes and Thomas Dixon intersect, running thence due south to the section line dividing sections fourteen and twenty-three; thence west along said section line to the northwest corner of the northeast quarter of section twenty-three; thence south along the west line of said northeast quarter of section twenty-three a distance of four hundred feet; thence due east to the west line of the land of the California Pacific Railroad Company; thence southwesterly along said west line of said railroad land to the south line of Mayes' Addition to the Town of Dixon, as shown by official plat of said addition now on file in the Recorder's office of Solano County; thence east along said south line of said Mayes' Addition to the said east line of northeast quarter of section twenty-three; thence north along said east line of said quarter section to the south lineof the land of Henry Smith; thence east along said south line of said Smith's land to the east line of the same; thence north along the said east line to the south line of the land of Ferguson and Coleman; thence east along said south line of said Ferguson and Coleman's land to the east line of the same; thence north along said east line to a point six hundred and seventy-five feet south of the north line of the northeast quarter of section twenty-four; thence east to the east line of said northeast quarter of section twenty-four; thence north along said east line of said quarter section and continuing along the east line of the southwest quarter of section thirteen to the north line of the land of W. A. Dashiell; thence west along said north line of said Dashiell's land to the east line of the piece of land belonging to Peter Timm; thence north along said east line of said Timm's land to the north line of the same; thence west along said north line of said Timm's land to a point due south of where the east line of the California Pacific Railroad Company's land crosses the north line of the southwest quarter of section thirteen; thence due north to said north line of said southwest quarter of said section; thence due west to the place of beginning. City govern ment; official terms. Board of Trustees to meet. Marshal. Power of Board of Same. SEC. 3. The government of said town shall be vested in a Board of Trustees, to consist of five members, a Treasurer, Assessor, Collector, and Marshal, who shall be elected by the qualified electors of said town on the first Monday of February, A. D. 1879, and shall hold office for one year; provided, that the first Board of Trustees, Treasurer, Assessor, Collector, and Marshal shall be chosen in like manner, at a time. to be designated by the County Judge of Solano County, which time shall not exceed sixty days after the passage of this Act, and four weeks' notice thereof must be given, by publication in some newspaper published in said town, and the officers so chosen shall hold office until the first Monday in February, A. D. 1879, and until their successors are elected and qualified. SEC. 4. Within five days after their election and qualification the Board of Trustees of said town shall meet and organize, by electing one of their members President, another Secretary, and another Treasurer. All orders drawn on the treasury must be signed by the President and Secretary. SEC. 5. The Marshal of said town shall be ex officio Assessor and Collector, and shall receive such compensation for his services as the Board of Trustees may prescribe by ordinance. SEC. 6. The President of the Board of Trustees shall be ex officio Street Commissioner. But no member of the Board of Trustees shall receive any compensation for his services. SEC. 7. The Board of Trustees shall have power to make such by-laws and ordinances, not inconsistent with the laws of this State or of the United States, as they may deem necessary; to prevent and remove nuisances; to prohibit disorderly conduct; to provide for licensing public shows, lawful games, and business and mercantile establishments; to provide protection against fire; to levy and collect, annually, a tax on all property in said town, not exceeding one-half of one per cent. of the assessment valuation thereof; to impose and collect a tax on dogs, not exceeding two dollars and fifty cents per annum, and to provide for the killing of said dogs if said tax is not paid; to pass ordinances prohibiting drunkenness, profanity, vulgarity, indecent exposure of person, and vice of all kinds; to prevent the leaving of the carcass of any dead animal on any street, alley, or lane in said town; to prevent the discharge of firearms of any kind within the town limits, except on public occasions; to prevent the immoderate riding or driving of any animal on the highways in said town; to prevent the cruel treatment of any useful animal; to compel the owners of property to remove any nuisances therefrom; and to regulate generally the moral, sanitary, and public interests of the town. SEC. 8. The Board of Trustees shall have power to lay out, open, widen, and improve any public street or alley in said town, and to regulate the width, grade, and construction of the same; to compel property owners to build and maintain sidewalks in front or on either side of their premises, when joining on any public street and when petitioned for Power of by parties representing a majority of frontage on such street, Board of and to regulate the size and construction of the same; provided, that the improving or grading of any street must be done in accordance with the provisions of Section 4,409 of the Political Code; and provided further, that no tax in any one fiscal year levied for this purpose shall exceed the sum of fifty cents per front foot. SEC. 9. The Board of Trustees, in the event of a tax being same. levied under this Act, and an assessment made, shall sit as a Board of Equalization for not less than two days, notice of which sitting shall be given by posting notice in three public places in said town for ten days next preceding the time fixed for such sitting, that the assessment roll is open for inspection, and that said Board will sit as a Board of Equalization to hear all complaints. They may require testimony and may increase or diminish the assessment of property or add any property that may have been omitted as may be just and equitable. SEC. 10. The Board of Trustees shall be the judges of the same. qualification of their own members, and of all election returns, and shall determine contested elections of town officers. They may prescribe such rules and regulations governing themselves, not inconsistent with this Act, as may best suit their convenience, including the manner of drawing orders on the treasury, holding meetings-provided, that they shall hold at least one meeting every month-and all other matters pertaining to the duties of their office. SEC. 11. The Board of Trustees may provide for a pound same. and Poundmaster, and for the taking up and impounding of any horse, mule, jack, jennet, cattle, goats, sheep, or swine found at large within the town limits, and for the sale of the same by the Poundmaster, also for the reclaiming or redemption of any such animal or animals by the owner, if he appear and claim the same, and may, by proper ordinance, establish rules and laws governing all proceedings under this section. Police SEC. 12. For the purposes of this Act, the Justices of the Justices' Peace of Silveyville Township are clothed with all the power of authority of Police Judges under the general statutes of this Judges. State, and all moneys collected by them for a violation of any town law or ordinance, after deducting costs, must be turned over to the Board of Trustees for the use and benefit of the town. SEC. 13. The Board of Trustees are prohibited from con- Debt. tracting any debt on the credit of the town. SEC. 14. The Board of Trustees may provide for a chain- Chain-gang. gang, and may cause parties who have been fined for the violation of any ordinance of the town to work therein on the public streets of said town, not exceeding one day for every two dollars of such fine until it has been paid. SEC. 15. This Act shall take effect from and after its passage. |