marking iron must be deposited with the County Recorder to be delivered to the successor of such Surveyor. puted; how SEC. 7. In case of dispute between interested parties as contents of to the contents of any raft or other lot of logs, the question logs dis may be settled by an actual test in a mill. Such test shall settled. be made as follows: Each party shall select an equal number of logs, not exceeding twenty logs in each raft or lot, which shall be taken to a mill and sawed into lumber. The sawing shall be done to the best practicable advantage, under the supervision of some competent person to be agreed upon by the parties, and from the result so obtained an average of the amount of merchantable lumber contained in each log of the lot sawed shall be computed, which shall be taken as the average amount contained in the raft or lot. credited. SEC. 8. In making such test, the log shall be credited Logs; how with the amount of merchantable lumber that can actually be sawed from it according to the course of good manufacturing, and this is defined to be the meaning of net contents whenever the term is used in this Act. Merchantable Merchantredwood lumber is defined to be all redwood lumber trim- able lumber. med and edged, twelve feet or more in length, six inches or more in width, and free from rots, rotten knots, sap, and shakes. Merchantable spruce and pine lumber is defined to be all spruce or pine lumber, trimmed and edged, twelve feet or more in length, six inches or more in width, and free from rots, rotten knots, sap, and shakes. All spruce and pine lumber, trimmed and edged, twelve feet or more in length, four inches or more in width, and free from rots, sap, knots, and shakes. SEC. 9. In case it is not convenient to make the test here- Extra tofore provided for, any interested person who shall dispute surveys the correctness of any survey shall have the right to call a second legally qualified Surveyor to make another survey of the logs. After this, either party may have the logs again surveyed by a third legally qualified Surveyor. The third Surveyor shall be final, and the expense of the two extra surveys shall be paid by the party against whom the decision is rendered, and shall be recovered as other debts are by law. recoverable. SEC. 10. All Act and parts of Acts in conflict with the provisions of this Act are hereby repealed.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. Fees for writing testimony. CHAP. DIV.-An Act relating to fees of Justices of the Peace in [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Justices of the Peace of Colusa County shall be entitled to fifteen cents per folio, in all criminal proceedings, when the testimony is by law required to be taken down in writing; provided, that by agreement of the parties the testimony need not be taken down in writing. SEC. 2. This Act shall take effect immediately. Act not to apply. CHAP. DV.-An Act in relation to the distribution of school moneys in Fresno County. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. The provisions of an Act entitled an Act to provide for the distribution of school moneys in certain counties, approved March eighteenth, eighteen hundred and seventy-six, shall not apply to the County of Fresno. SEC. 2. This Act shall take effect from and after its passage. Salary of Repealed. CHAP. DVI.-An Act to fix the salary of the County Judge of [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. The County Judge of San Joaquin County shall receive a salary of two thousand six hundred dollars. SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 3. This Act shall take effect from and after the first day of January, A. D. eighteen hundred and eighty. CHAP. DVII.-An Act to repeal an Act entitled an Act to extend the time for selling property for delinquent taxes in the County of Alpine, approved March twenty-second, eighteen hundred and seventy-six. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. An Act entitled an Act to extend the time for Repealed. selling property for delinquent taxes in the County of Alpine, approved March twenty-second, eighteen hundred and seventy-six, is hereby repealed. SEC. 2. This Act shall take effect immediately. CHAP. DVIII.-An Act to incorporate the Town of Yuba City. The People of the State of California, represented in Senate and SECTION 1. The inhabitants of that portion of the Town- Corporation ship of Yuba, in the County of Sutter, within the bounda- formed. ries hereinafter described, are hereby constituted a body corporate and politic, under the name and style of "The Town of Yuba City," and by that name they and their successors shall be known in law, have perpetual succession, and be invested with and have power to sue and be sued, grant, purchase, and receive property within said boundaries and no other, and may have a common seal. SEC. 2. The boundaries of the Town of Yuba City shall Boundaries. be as follows, viz.: Beginning on the right bank of Feather River at the intersection of the same by the south side of Oak Street, according to the map of the Hudson's tract part of Yuba City, Sutter County, California; and thence along the south side of said street to the east side of Sonoma Street of said Hudson's tract; thence along the east side of Sonoma Street southerly to the north side of "A" Street, according to the map of Joseph Ruth of the original survey of Yuba City; thence along the north side of said "A" Street forty feet, more or less, to a point in range with the west side of Fourth Street, according to said original map of Yuba City; thence across "A" Street and along the westerly side of said Fourth Street to the southerly side of "G" Street, according to the last mentioned map of Yuba City; and thence easterly along the southerly side of "G" Street to the right bank of Feather River; and thence up said right bank of Feather River to the place of beginning. SEC. 3. The corporate powers and duties of said town Corporate shall be vested in a Board of Trustees, to consist of three powers and members, who shall be elected by the qualified electors of vested. duties; how Trustees to assemble. Quorum. Board to judge of elections, etc. Powers and duties of Trustees. Marshal appointed. said town, on the first Saturday of May of each year, and shall hold their offices for the term of one year, and until their successors are elected and qualified; said term to begin on the second Monday after such election; provided, that the first Board of Trustees shall be chosen, in like manner, at some time and place to be designated by an order of the Board of Supervisors of said county, which time shall not exceed twenty days from the date of said order, and the Trustees so chosen shall hold their offices until the second Monday after the first Saturday of May, and until their successors are elected and qualified. SEC. 4. The Board of Trustees shall assemble within ten days after the first election thereof, and choose a President from their number, and some person as Clerk, and shall, by ordinance, fix the times and places of their regular meetings, but they may be convened by the President, by written notice, at any time. SEC. 5. At the meetings of the Board a majority of the Trustees shall constitute a quorum for the transaction of business. A smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as may have been previously prescribed by ordinance of the Board. SEC. 6. The Board shall judge of qualifications, elections, and returns of their own members; provided, however, that the qualifications, election, and returns of the members of the first Board shall be determined by said Board of Supervisors. The Board shall establish rules for their own proceedings, and may punish any member or other person for disorderly behavior in their presence. SEC. 7. The Board shall have power to pass such ordinances, not inconsistent with the Constitutions and laws of the United States and of this State, as they may deem necessary, for the government of said town, especially to declare what are nuisances, and to prevent or remove the same; to prevent any and all domestic animals from running at large within the corporate limits of the town; to regulate slaughter houses, and exclude them from the town limits; to prohibit disorderly conduct and punish the same; to license shows, and lawful games, and every kind of business carried on within the town, the rate of license not to exceed that fixed by law for State and county purposes; to regulate markets; to protect the town from fire; to lay out, alter, keep open, and repair the streets and alleys of the town; to levy and collect, annually, for town purposes, a tax on all property in the town, not exceeding one-half of one per cent. on the assessment of such property; to impose and collect a poll tax, not exceeding one dollar per annum, on every male inhabitant of said town of the age of twenty-one years or upwards. SEC. 8. Said Board shall have power to appoint some suitable person to act as Marshal, to fix his compensation, prescribe his duties, and remove him at pleasure; provided, that before entering upon his official duties, said Marshal shall enter into a bond, with sufficient sureties, in an amount to be fixed by the Board and approved by them, conditioned for the faithful performance of his official duties, and payable to the town of Yuba City. officers to SEC. 9. At the election of Trustees, under the said order Other of the Board of Supervisors, there shall also be elected be elected. Town Assessor, who shall be ex officio Town Tax Collector, who shall hold his office until the election and qualification of his successor. At each regular election of the Town Trustees there shall be elected a Town Assessor, who shall be ex officio Town Tax Collector, and who shall hold his office for one year from the second Monday after such election, and until his successor is elected and qualified. The Board of Trustees shall fix the compensation of such Assessor, who shall enter into a bond similar to that required of the Town Marshal. tion. aliza SEC. 10. The Board shall sit as a Board of Equalization, Board of to equalize the town assessment. Ten days' notice of said sitting shall be given, by publication and posting in three conspicuous places in the town, for not less than ten days. next preceding the time fixed, and said sitting shall continue for at least two days. and col SEC. 11. The manner of making assessments, collecting Manner of the town revenue, keeping and disbursing the same, shall be assig fixed by ordinance, and the tax levied under this Act is lecting. hereby made a lien against the property assessed, which lien shall attach on the day of the levy, and shall not be satisfied or removed until such taxes are paid or the property has vested absolutely in a purchaser, under a sale for such taxes. SEC. 12. The Board shall have power to fix a fine, not Board to fix exceeding five hundred dollars, or a term of imprisonment, punishment. not exceeding six months, as a penalty for the violation of an ordinance. The Sheriff of Sutter County shall receive. and safely keep, until the expiration of his term of imprisonment, or until discharged by due process of law, any person delivered to him by said Marshal under a commitment from a Justice of the Peace, the town paying the expenses thereof; provided, that whenever sentence of imprisonment is passed upon such offender, the Justice of the Peace shall include in such sentence that such offender shall be subject to labor under the charge of the Marshal, provided any provision has been made by ordinance for carrying such sentence into effect. They may also, in any suit, tax the costs thereof against the defendant, if judgment be rendered against him. SEC. 13. The Board shall create no debt nor incur any Board not to pecuniary liability beyond the amount of the town funds in create debt. their hands. count. SEC. 14. The Board shall keep an accurate account of all Board to receipts and expenditures of town moneys, and make and keep ac publish a full report thereof one month before the annual town elections. SEC. 15. The several Justices of the Peace within said Jurisdiction town shall have jurisdiction: First-Of an action or proceeding for a fine, penalty, or forfeiture imposed by a breach of any ordinance of said town. of Justices of Peace. |