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poles, and a ditch or ditches, the fence must be equally strong and secure as a fence made as described in the last subdivision.

Fifth-If made of wire, posts and poles, ditch, pickets, hedge, brush, or any other materials, the fence, to be lawful, must be equal in strength and capacity to turn stock as the fence described in the third subdivision of this section.

SEC. 2. This Act shall be in force from and after its passage and approval.

Appropriation.

CHAP. CCCCXCII.—An Act for the relief of Edward Christy.
[Approved March 30, 1878.]

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

SECTION 1. The sum of three hundred and ninety dollars is hereby appropriated, out of the General Fund in the State treasury, for the purpose of paying Edward Christy interest on claims allowed him in eighteen hundred and seventy-six by the State Board of Examiners, amounting in the aggregate to nineteen hundred and eighty dollars, and which said claims were not paid until the twenty-seventh day of February, eighteen hundred and seventy-eight.

SEC. 2. This Act shall take effect immediately.

Appropriation; conditions of.

CHAP. CCCCXCIII.-An Act granting to John C. Boggs a reward for the capture of Ah Sam, alias Gee Ah You, a noted murderer.

[Approved March 30, 1878.]

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

SECTION 1. The sum of six hundred dollars is hereby appropriated, out of any money in the State treasury not otherwise appropriated, as a reward to John C. Boggs, in full compensation for the capture of Ah Sam, alias Gee Ah You, a murderer, for whose arrest and conviction the Governor of this State offered a reward, but who committed suicide at the time of his capture. Said sum shall not be paid until said Boggs shall have proven, to the satisfaction of the Board of Examiners, the fact of the arrest and suicide of said Ah Sam, and his identity as the person for whom said reward was offered. Upon said proof and the certification thereof by the Board of Examiners, the Controller shall draw his warrant in favor of said John C. Boggs for said sum of six hundred dollars, and the State Treasurer shall pay the same.

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

CHAP. CCCCXCIV.-An Act in relation to the State Insane

Asylum.

[Approved March 30, 1878.]

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

assistant to

al meetings;

expenses,

SECTION 1. The Superintendent of the State Insane Asy- Superinlum, at Stockton, or one of his assistants, may attend the tendent and annual meetings of the Superintendent of the American attend annuInstitutions for the Insane, and the expenses, not to exceed four hundred dollars per annum, must be audited and how paid. allowed by the Board of Examiners, and paid out of the State treasury. The Resident Physician of the Napa State Asylum for the Insane, or one of his assistants, may also attend such annual meetings, and the expenses, not to exceed four hundred dollars per annum, shall also be audited by the Board of Examiners, and paid out of the State treasury; provided, that the Medical Superintendent, or one of his assistants, of the Stockton Asylum, may attend said meeting in the year eighteen hundred and seventy-eight, and the Resident Physician, or one of his assistants, of the Napa Asylum, may attend said meeting in the year eighteen hundred and seventy-nine, and thereafter the said physicians shall attend said meeting alternately.

SEC. 2. An Act entitled an Act in relation to the Super- Repealed. intendent of the State Insane Asylum, approved April first, eighteen hundred and seventy-two, is hereby repealed. SEC. 3. This Act shall take effect immediately.

CHAP. CCCCXCV.-An Act to amend an Act entitled an Act to incorporate the Town of San Rafael, approved February eighteenth, eighteen hundred and seventy-four.

[Approved March 30, 1878.]

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

SECTION 1. Section seven of said Act is hereby amended Section to read as follows: Section seven. The Board of Trustees amended. shall choose a President and Vice-President from their number. It shall be the duty of the President to attend and preside over all meetings of the Board of Trustees, to exercise a general supervision over the other officers of the corporation, and to sign all warrants drawn upon the Treasurer by order of the Board of Trustees; he shall have power to enforce order and decorum at the meetings of the Board, and shall approve all bonds. The Vice-President, in the absence of the President, shall perform all the duties of the President. The Board of Trustees shall appoint a Town Clerk,

Section amended; powers of Trustees.

not of their number, whose duties shall be to keep the journal of their proceedings and all records of the town; to keep the accounts of the town, and countersign all warrants issued in pursuance of the order of the Board, and keep a true account thereof; to attend all meetings of the Board and record its ordinances, and file all the papers and documents of the Board. The ordinances shall be numbered in the order of their passage, and suitably indexed. He shall keep the seal of the corporation, and shall receive for his services such sum as the Board shall award him; and he is hereby authorized to administer oaths, and certify the same. SEC. 2. Section seventeen of said Act is hereby amended to read as follows: Section seventeen. The Board of Trus

tees shall have power:

First-To make laws and ordinances not repugnant to the Constitution and laws of this State.

Second-To lay out, alter, open, and keep open, and repair, the streets and sidewalks of the town; to determine the width and grade of all streets and sidewalks; to set out and cause to be set out shade trees along the streets, and to regulate the planting of the same, but no street shall be laid out or opened except with the consent of two-thirds of the property holders and frontage along the line of the same; and no street shall be made wider than seventy feet, without the consent, in writing, of all the property holders along the line of said street.

Third-To provide means to protect the town from injuries by fire.

Fourth-To levy and collect, annually, a road poll tax, of not exceeding three dollars, on every male inhabitant of the age of twenty-one years and upwards.

Fifth-To levy and collect, annually, a tax, not to exceed five dollars, on overy dog owned within the limits of the town, and no other dog tax shall be collected within such limits.

Sixth-To provide for the establishing of grades and improvement of streets, the construction of sidewalks, drains, and sewers, and the keeping of the same in repair; to prevent the erection of slaughter houses and the business of slaughtering animals within the town, and to remove all slaughter houses and pig or hog pens; to provide for the prevention and summary removal of all nuisances, and of all occupations detrimental to the public health, comfort, and safety.

Seventh-To provide for the lighting of streets, the laying of railroad tracks, the running of cars thereon, and to regulate the same.

Eight-To provide for the prevention of the running at large in the town of horses, mules, sheep, goats, swine, and cattle, and for impounding the same, and selling them to pay fines, and expenses, and costs, as may be imposed; to compel the muzzling and licensing the keeping of dogs, and to authorize their being killed.

Ninth-To regulate and prohibit the storage of gunpowder, hay, or other explosive or combustible materials.

Tenth-To license, tax, and regulate all business and Powers of employments, and to prevent and forcibly remove and close Trustees. up any place where any thing is done or carried on prejudicial to the public health or public morals.

Eleventh-To provide for the removal of all dirt, filth, and obstructions from the streets and sidewalks of the town, and to punish by fine and imprisonment, or by either, the depositing of dirt, filth, or obstruction in such streets or on such sidewalks.

Twelfth-To prevent and punish disorderly conduct or disturbance within the town, and to establish and enforce sanitary measures for the health of the town, or to prevent the spread of infectious disease within the same.

Thirteenth-To borrow, on the faith and credit of the town, but no loans shall be made at any one time for a sum exceeding ten thousand dollars, nor without the consent to such loan of the electors of the town previously obtained in the manner hereinafter provided.

Fourteenth-To provide for the good order and government of the town, and to appoint and pay policemen, watchmen, and other officers when deemed necessary so to do.

Fifteenth-To prevent animals being herded, or picketed, or allowed to run at large upon the streets or public grounds of the town.

Sixteenth-To appoint an Attorney, and allow him such compensation as may be deemed proper.

Seventeenth-To levy and collect annually taxes on all property, real and personal, within the town, not exceeding the rate of one per cent. for the purposes of the General Fund.

Eighteenth-To impose fines, penalties, and forfeitures for the breach of ordinances, and appropriate the same.

Nineteenth-To purchase such real estate for a cemetery and other public uses as may be necessary for the purposes of said town, and to control and regulate the same; provided, that such land shall not necessarily be within the limits of the town.

Twentieth-To purchase or lease such building or buildings, with the land on which the same may be erected, or purchase the land and erect such building or buildings thereon as may be necessary for the public meetings of the Board of Trustees or of the Town Clerk, and the proper keeping of the books and records of the town, or for the uses of the fire department connected with the town.

Twenty-first-To pass all ordinances necessary and proper for fully carrying into effect the powers hereby and herein granted or incident thereto.

Twenty-second-To fix the time of holding the meetings of the Board; provided, that a meeting may be called at any time by the President of the Board.

amended;

SEC. 3. Section twenty-seven of said Act is hereby amend- Section ed to read as follows: Section twenty-seven. The Board of Trustees to Trustees, whenever they deem it to be a public necessity, order streets may order the whole or any part (but not less than one block)

graded, etc.

Inviting sealed proposals.

Duty of

person fails

written

contract.

of any street, of which the grade has been officially declared, to be graded and planked, or paved, or graveled, or macadamized, in manner following: They shall cause to be made a survey, plan and specification of the work to be done, and to be submitted to them; if the same be approved by them, they shall be forthwith filed with the Town Clerk, and the Board may thereupon pass an ordinance directing the said work to be done according to such survey, plan, and specification, within such time as may be limited, both as to the commencement of the work and its completion. The Board shall then, by resolution, direct the Town Clerk to publish a notice in some newspaper published in said town, for two consecutive weeks, as often as such newspaper shall be published, inviting sealed proposals to do the work according to such survey, plan, and specification. At the time fixed by such notice, the proposals shall be opened, and the Board shall thereupon, by resolution, award the work to be done to the lowest responsible bidder, and the President of the Board, in the name and on behalf of the town, shall enter into a contract, in writing, with such bidder to do such work, according to said survey, plan, and specification, within a time limited therein, for the sum offered by his proposal; provided, however, that the Board may reject any and all bids Board when should they deem it best so to do, and in such case, or should to enter into no bids be received, or if the person to whom any contract may be awarded should fail to enter into a contract, in writing, to do the work, or should fail to complete the work, then the Board may again, and as often as may be necessary, advertise for proposals to do said work, or to complete the same; and provided further, that no contract so entered into shall bind the town, or said Board of Trustees, or any of them, to pay for the work done, or to be done thereunder; the contractor to look solely to the property liable to pay, and such provision shall be inserted in all contracts made on behalf of said town. When the work shall be fully completed and accepted by the Board, the Board shall make an assessment of the cost thereof to and among the lots of ground fronting on the street, on each side of the work done, according to the frontage of each lot, and shall accompany the same with a diagram showing the several lots assessed, which assessment and diagram shall then be filed with the Town Clerk, and notice shall thereupon be given by the Town. Clerk, by publication for one week in such newspaper, as often as it is published during such week, that such assessment and diagram have been filed with him, and that on a day and hour fixed by such notice, which shall not be less than ten days from the first publication of such notice, the Board will sit to equalize such assessment. At the time fixed by such notice all persons owning lots affected by such assessment may appear and object that the lots severally owned by them are not correctly set forth upon such assessment and diagram, but not otherwise, and the Board shall hear and dispose of the same, and may alter the said assessment and diagram as may be equitable and just as among the several lots assessed or bound for the work done, taking

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