the account approved, payable out of the fund belonging to the district. Such warrants shall be paid out of any money in the county treasury belonging to the district, in the order of their presentation, and they shall be receivable by the Tax Collector in payment of any tax levied in said district under the provisions of this Act. CHAP. DXII-An Act supplemental and amendatory of an Act entitled an Act to incorporate the Town of St. Helena, approved March twenty-fourth, eighteen hundred and seventy-six. [Approved March 30, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section two of said is hereby amended so as Corporate to read as follows: The corporate limits of the Town of St. limits. Helena shall be as follows, to wit: Commencing at a point. in the center of Napa River in a direct line northeasterly from the continuation of the westerly side of Sulphur Springs Avenue (being the easterly line of Dr. G. B. Crane's homestead); thence southwesterly in a direct line to the end of Sulphur Springs Avenue to the county road; thence following the said westerly and northerly line of said Sulphur Springs Avenue until the intersection of said line with the line of the Tracy survey in the foothills; thence northwesterly following the line of said Tracy survey until the same intersects that part of A. B. Forbes' land which lies easterly of said Tracy line; thence easterly along the line between said Forbes' land and J. York's land to the York Creek; thence up said York Creek to the said Tracy line; thence northerly along said Tracy line to a point opposite the most westerly boundary of Charles Krug; thence northwesterly to said Krug's westerly line; thence on said line to the center of Napa River; thence down said river to the place of beginning. The said territory so described shall form a separate road district in Napa County, and all the public highways, streets, roads, and alleys within the same, that are now open as such, are hereby declared public highways, and under the control of the said corporation. Trustees; powers of SEC. 2. Section twelve of said Act is hereby amended so Board of as to read as follows: The Board of Trustees are hereby authorized and empowered to enact such by-laws and ordinances, not inconsistent with the Constitution and laws of the United States and of this State, as they may deem necessary or proper in the exercise of the powers herein conferred upon them. The Board of Trustees shall have power: First-To manage and take care of the property and finances of the town. Second-To provide for laying out, opening, widening, Streets, etc., extending, altering, vacating, working, grading, improving, worked. to be Gas and water to be provided. Places of amusement; license of. Immoral amusements and repairing streets, avenues, and alleys, and public parks and squares, and for preventing and removing nuisances or obstructions therein, and for acquiring or condemning lands for town purposes and highways, by purchase or by proceedings prescribed by this Act. Third-To establish the grade of all streets, avenues, and alleys, and to require conformity thereto. Fourth-To provide for the drainage and sewerage of the town. Fifth-To establish and regulate a fire department, and provide such means, measures, or material for the prevention or extinguishment of fires as they may deem necessary to protect the town from fire. Sixth-To provide the streets and town buildings with all gas and water necessary for their proper use, and to grant to any gas or water company authority to lay down pipes in the streets, avenues, and alleys of the town, for the supply of gas or water for the streets and buildings, for a term not exceeding twenty-five years; but they shall reserve the right to grant similar privileges to other companies, and shall require the laying down of pipes to be under the reasonable direction of the town authorities, and to be so laid as to do no injury to the proper use of the paving, planking, or macadamizing of the streets, avenues, or alleys, nor to property situated thereon, and they shall impose such restraints and conditions upon the location and construction of gas and water-works, and pipes, as shall secure the least possible public or private inconvenience, and they shall provide for the enforcement of such restrictions and conditions; they may contract with gas and water companies for supplying the streets, public buildings, and cisterns with necessary gas and water for the public use; but no contract shall extend beyond the term of office of the members of the Board making such contract; provided, that the town shall not contract nor become liable to pay more than one-half of the expense of lighting streets, and no street, avenue, or portion thereof shall be lit with gas until the persons petitioning for the same shall contract with the company furnishing gas to pay at least one-half the expense of lighting. Seventh-To license, and impose, and collect a license tax upon theaters, concerts, circuses, shows, and other entertainments and exhibitions to which an admission fee is charged; also, upon bars at which spirituous or malt liquors are sold; also, upon billiard tables and bowling alleys kept for gain or hire; and they may impose a license tax upon any and all businesses not prohibited by law. Eighth-To prohibit and suppress gaming and gambling suppressed. houses, and dance-houses, fandangos, disorderly houses, and houses of ill-fame, immoral or indecent amusements, exhibitions, or shows, nuisances of every description, and all kinds of vice, immorality, and disorderly conduct. Property tax. Ninth-To levy and collect, annually, a tax on all property in the town, not exceeding fifteen cents on each one hundred dollars of the assessed valuation thereof, and to provide the manner of making assessments and of collecting such tax; taxes so levied shall become a lien upon the real estate chargeable therewith, from the first Monday in March preceding the levy and until paid, and such lien shall take precedence of all mortgages and other liens, except the lien for State and county taxes. how constructed. Tenth-To construct sidewalks in said town as follows: Sidewalks; When the owners of more than one-half of the frontage on any street, between the center lines of two cross streets, shall petition for a sidewalk along said frontage, and for the whole distance between said cross streets, the Board of Trustees shall determine the kind of sidewalk to be constructed, give notice thereof to all the property holders fronting on said sidewalk, and require each of them, within a time prescribed by said Board, to construct the same the whole distance of his frontage. If any property holder fails so to construct his part of said sidewalk within said time, then said Board shall have the same constructed and collect from him, by an action in the name of the Town of St. Helena, the expense of said construction, in any Court having jurisdiction thereof; provided, that the cost of all other works and improvements in said town provided for in this Act shall be paid out of the General Fund in the town treasury. Eleventh-To impose and collect a poll tax, not exceeding three dollars per annum, on every male inhabitant between the ages of twenty-one and sixty years, and to enforce the payment thereof by the sale of the property or otherwise, and also to impose and collect a road poll tax, not exceeding said sum, from the same class of persons. Twelfth-To impose and collect a tax of not exceeding five Poll tax. dollars per annum on every dog found at large within the corporate limits of the town, which said dog tax shall be collected by the Town Marshal. Thirteenth-To regulate or prevent the keeping of gunpowder and other dangerous or inflammable substances within the town. Fourteenth-To require any land or building to be cleaned Land to be at the expense of the owner or occupant, and upon his cleaned. default, after notice, to cause the work to be done, and to assess the expense upon the land or building. at large Fifteenth-To prohibit and prevent the running at large Animals of any or all domestic animals within the limits of the town, running and to establish and maintain a pound for such animals, prevented. and to appoint a Poundmaster, or confer the duties of Poundmaster upon the Marshal, who shall be paid out of the fines collected from the owners of animals impounded, or from sale of such animals, and from no other source. feitures. Sixteenth-To prescribe penalties and forfeitures for the Penalties breach or non-observance of the town ordinances; but no and for penalty shall be imposed on any person for any one breach of any ordinance exceeding one hundred dollars; such penalties may be recovered before any Justice of the Peace having his office within the corporate limits of the town, or before the Town Recorder, by civil suits brought by the Town Attorney in the name of the corporation and against Trustees to provide the person violating an ordinance; and an execution to collect the same shall be issued as in other civil cases; and in such cases, persons living in the town, if in other respects competent and qualified, shall be competent jurors; and when judgment is rendered in any such action, for the town, there shall be taxed, as costs, against the defendant, in addition to other costs, the sum of ten dollars, which the Town Attorney shall receive as his fee. All fines so collected shall, by the officer receiving the same, be paid over to the treasury of the town; provided, that under no circumstances shall the town be liable for the fees of the Attorney. Seventeenth-The Board of Trustees may provide for the punishment. punishment, by fine or imprisonment, of an act prohibited by an ordinance; in which case such act is hereby declared to be a misdemeanor, which may be prosecuted and punished in like manner as misdemeanor created by statute; provided, that no fine for any one offense shall exceed one hundred dollars, and no judgment of imprisonment for any one offense shall exceed fifty days. Repealed. Trustees to construct drains, SEC. 3. Eleven sections, from nineteen to thirty, inclusive, of said Act, are hereby repealed. SEC. 4. Section thirty-one of said Act is hereby amended so as to read as follows: The Board of Trustees may at any sewers, etc. time, without petition, provide for establishing grades, and for constructing and laying down drains, sewers, and culverts, and for repairing streets, avenues, or alleys, or portions thereof, so as to render them susceptible of convenient use; provided, that all such improvements, costing each not more than fifty dollars, may be awarded on private contract by the Board on the best terms to be obtained, and that if such improvement cost more than said sum, it shall be awarded to the lowest bidder, to be ascertained by publishing a notice two weeks in some newspaper, or posting in five public places in said town, inviting sealed bids, describing the work to be done, and naming the time when the bids will be opened by the Board. But the Board shall require bond, with good personal security, from any bidder, for the performance of his contract, and if he fail to give such bond, Trustees to may reject his bid; and the said Board of Trustees may, at any time, with or without petition, proceed to open a new street, or widen any of the existing streets in said town; provided, that they shall give notice to all property holders on such street or streets of their intended action, and requiring said property holders, if they claim damages, to appear before said Board at a time to be fixed in said notice, at which time said property holders, or either of them, may petition said Board to appoint three Commissioners to examine and report Commis- on the said improvement. The Board shall immediately appointed; appoint three disinterested property holders to act as such Commissioners, who shall immediately proceed to estimate the damages, if any, of all such property holders claiming the same, and make report in writing thereof to said Board; whereupon said Board shall appoint a time and place for hearing testimony on oath, to be administered by any member of said Board, and allegations of said Commissioners and open street. sioners duties of. property holders on the question of damages, of which hearing notice shall be given to said claimants of damages. After hearing the testimony and allegations, said Board shall decide whether said improvement shall be made, and to what amount of damages each claimant shall be entitled. If the said Board shall decide to make such improvement, they shall tender to each claimant the amount so found by them before commencing said improvement. But said Board, for good reason, before a final decision, shall have power to appoint other Commissioners, qualified as aforesaid, in which case the proceedings shall be the same in deciding all questions relating to said improvement as above set forth. In cases in which no claim for damages shall be made, said Board may open new and widen existing streets, with or without petition, and with or without appointing Commissioners, at their option. Said Street Commissioners shall serve without pay, and shall take and subscribe an oath before a competent officer, prior to entering upon the discharge of their duties, to faithfully perform the same according to the best of their ability. how estimated. SEC. 5. Section thirty-two of said Act is hereby amended Damages; so as to read as follows: Whenever Commissioners are appointed by the Board of Trustees, as aforesaid, to view the location of a new street, or the widening of an existing one, it shall be their duty in assessing damages to estimate and take into the account the benefits of the improvement to the claimants. The decision of the Board of Trustees of said town shall be final, and the parties to whom damages are awarded, as aforesaid, shall forfeit all right to recover the same, if they shall refuse to accept the same tendered for ten days. of Road SEC. 6. The Town of St. Helena shall constitute Road Duty and District Number Nineteen, and the Roadmaster of said dis- anthority trict shall collect all road poll taxes in said district and issue master. receipts therefor; such receipts shall be issued to the Roadmaster by the Treasurer of said town, and said Roadmaster shall settle with said Treasurer, from time to time, as directed by the Board of Trustees of said town. All the authority conferred by the road law of Napa County upon Roadmasters, for enforcing the collection of the road poll tax, is hereby conferred upon and made applicable to the Roadmaster in the Town of St. Helena. Said Roadmaster shall give bonds, within ten days after his appointment, with two or more sureties, to be approved by said Board of Trustees, in such sum as they may fix; and said Roadmaster shall not be required to give bond or make settlement with any other officer of Napa County. SEC. 7. Whenever, in this Act, publication in some news- Publication paper is required, it shall be lawful to post in three public necessary. places instead of said publication. into treas ury. SEC. 8. In said Act section thirty-eight is hereby amended Moneys paid so as to read as follows: All taxes levied upon property or persons, within the limits of the said corporation, for road purposes, under the laws of Napa County (except such taxes as may be levied for the Contingent Road Fund, and to pay off |