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next after the first general election held subsequent to the passage of this Act, at which time the Supervisors elected under this Act shall go into office.

SEC. 4. The Supervisors of said county, for all services Per diem of required of them by law or by virtue of their office, shall Supervisors. receive each five dollars per diem when in session, and twenty cents per mile traveled from their place of residence to the Court-house; provided, that only one mileage shall be allowed at each term, and the compensation during any one year, including mileage, shall not exceed, in the aggregate, to any member of the Board, the amount of three hundred dollars.

SEC. 5. All Acts or parts of Acts, in so far as the same may conflict with the provisions of this Act, are hereby repealed.

CHAP. DXVII.-An Act for the relief of Henry F. Williams, and to provide for the payment of certain money equitably due said Williams.

[Approved March 30, 1878.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

claim.

SECTION 1. The Board of Supervisors of the City and AppropriaCounty of San Francisco is, in its discretion, authorized and tion to pay empowered to appropriate, allow, and order paid out of the General Fund of the City and County of San Francisco, the sum of thirty-six thousand eight hundred and seventy-five (36,875) dollars, to Henry F. Williams, interest equitably due him by reason of neglect, refusal, and non-fulfillment of contract on part of the executive officers of the City and County of San Francisco, from the fifteenth day of November, A. D. eighteen hundred and sixty-nine, up to the thirteenth day of April, A. D. eighteen hundred and seventy-two, upon the sum of money allowed him, and specified in the report of O. F. Willey, Charles F. Hamilton, and John Mason, Commissioners appointed under an Act of the Legislature of the State of Californa entitled "An Act to authorize the Board of Supervisors of the City and County of San Francisco to modify the grades of certain streets,' approved March thirtieth, eighteen hundred and sixty-eight, and their report filed under and in pursuance of the Act of said Legislature amendatory thereof and supplementary thereto, approved February 1st, A. D. eighteen hundred and seventy, and which said report was filed January sixth, A. D. eighteen hundred and seventy-one, and confirmed by the judgment of the County Court on the fourth day of April, A. D. one thousand eight hundred and seventy-one.

SEC. 2. The Auditor of said City and County of San Sum; how Francisco may, on said sum being directed to be paid by the paid. said Board of Supervisors, audit the same, and draw war

rants on the Treasurer of the City and County of San Francisco, payable out of the General Fund, for the sum of money allowed; said warrants payable, respectively, in one, two, three, and four years after date, and drawing interest at the rate of six per cent. per annum-interest to be paid semiannually; and the Treasurer of the City and County of San Francisco may pay each of said warrants and interest, at maturity, out of the General Fund of the treasury of the City and County of San Francisco, and it shall be the duty of the Board of Supervisors aforesaid, at the time they make the annual levy of taxes, to include a sum sufficient to pay said warrants and interest aforesaid.

SEC. 3. This Act shall take effect and be in force from and after its passage.

Street extended.

CHAP. DXVIII.-An Act to provide for the opening and extending of Tehama Street, in the City and County of San Francisco.

[Approved March 30, 1878.]

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

SECTION 1. The following described pieces of land, situated in the City and County of San Francisco, that is to say: First, commencing at a point on the northerly line of Hubbard Street, distant one hundred and sixty-five (165) feet southeasterly from the northerly corner of Hubbard and Howard Streets; thence in a northeasterly direction parallel with Howard Street one hundred and twelve (112) feet six (6) inches; thence in a southeasterly direction and parallel with Hubbard Street thirty-five (35) feet; thence in a southwesterly direction and parallel with Howard Street one hundred and twelve (112) feet six (6) inches; thence in a northwesterly direction and along the line of Hubbard Street thirty-five (35) feet, more or less, to point of beginning. Second, commencing at a point on southerly line of Hubbard Street, distant one hundred and sixty (160) feet in a southeasterly direction from southerly corner of Hubbard and Howard Streets; thence in a southwesterly direction and parallel with Howard Street one hundred and twelve (112) feet six (6) inches; thence in a southeasterly direction and parallel with Hubbard Street thirty-five (35) feet; thence in a northeasterly direction and parallel with Howard Street one hundred and twelve (112) feet six (6) inches to Hubbard Street; thence along said line of Hubbard Street in a northwesterly direction thirty-five (35) feet, more or less, to point of beginning, are hereby taken and dedicated as a part of an extension of Tehama Street, an open and public street, and when paid for, as hereinafter provided, the title thereto shall vest in said city and county, for such purpose, forever, as the title of the other portions of said Tehama Street and of other public streets in said city and county now is vested.

SEC. 2. The said street, so as above dedicated, shall be Street; how paved, sewered, and sidewalked in the same manner as is worked. now provided by law to pave, grade, sewer, and sidewalk similar streets in said city and county.

SEC. 3. The value of the land taken for the opening and Cost of extending of Tehama Street, as aforesaid, and the damages to opening. improvements thereon, or adjacent thereto, injured thereby, and all expenses whatsoever incident to the opening of said street as aforesaid, shall be held to be the cost of opening and extending said street, and shall be assessed upon the district hereinafter described as benefited by said opening, in the manner hereinafter described.

SEC. 4. The district benefited by said improvement, and District upon which the cost of making the same shall be assessed, described. is hereby described and designated as follows: Commencing at the northeasterly corner of Third and Tehama Streets, thence easterly and parallel to the south line of Howard Street to the west line of Hubbard Street; thence northerly along the west line of Hubbard Street sixty feet; thence at right angles easterly and parallel to the south line of Howard Street across Hubbard Street to the east line of said Hubbard Street; thence southerly along the east line of Hubbard Street sixty feet; thence at right angles easterly and parallel to the south line of Howard Street to the northwesterly corner of Tehama and Second Street; thence southerly along the west line of Second Street to the southwesterly corner of Second and Tehama Street; thence westerly and parallel to the north line of Folsom Street to the east line of Hubbard Street; thence southerly along the east line of Hubbard sixty feet; thence at right angles westerly and parallel to the north line of Folsom Street across Hubbard Street to the west line of said Hubbard Street; thence northerly along the west line of Hubbard Street sixty feet; thence westerly and parallel to the south line of Folsom Street to the southeasterly corner of Tehama and Third Streets; thence northerly along the east line of Third Street to the northeasterly corner of Third and Tehama Street, the point of commencement.

missioners;

SEC. 5. The County Court of the City and County of San Court to apFrancisco shall appoint three persons, who are hereby point Com constituted a Board of Commissioners, for the purpose of their duties, carrying out the provisions of this Act, shall possess all the powers, etc. powers and perform all the duties prescribed in this Act. Before entering upon the discharge of their duties, each of said Commissioners shall take and subscribe an oath, before the County Judge of said city and county, that he will, to the best of his ability, and without fear or favor, perform all the duties required of him by this Act, and that he has no interest in any of the land designated as taken, or assessed for, or injured by said proposed street; which oath shall be filed by the Clerk of the County Court. Any vacancy occurring in said Board shall be filled by the County Court of the City and County of San Francisco, by an order to be made on the application of the surviving or remaining member or members of said Board, after ten days' notice, by advertise

missioners;

powers, etc.

Court to ap- ment published in such newspaper as said Court shall direct, point Com of the time and place appointed for the hearing of such their duties, application. Upon the day appointed for such hearing, or upon any day to which the same may be adjourned, said Court shall hear all parties interested, who may desire to be heard upon or in regard to said application, and shall thereupon appoint some suitable person, who shall be a resident and property owner in said city and county, whose property is not taken or liable to be assessed for said street, to fill such vacancy, and the person so appointed shall thereupon enter upon the duties of his office as such Commissioner, with like power and authority, and qualify in like manner as if herein named as such. Each of the members of said Board may administer oaths to any person to be examined by or before them touching any of the matters embraced in the provisions of this Act, but no charges shall be made therefor. Said Commissioners shall receive a compensation, to be fixed by the County Court, for their services. The said Board may also allow and pay such sums as may be necessary and reasonable for clerks, draughtsmen, surveyors, attorneys, and other incidental expenses. The said Board shall adopt and procure an official seal, which may be used to verify their official acts. The said Board may issue certificates of indebtedness under their official seal, and the signatures of a majority of said Commissioners, for preliminary and incidental expenses; provided, that the entire fees, costs, and expenses of Commissioners, clerks, assistants, attorneys, and all other matters, exclusive of the damages allowed for land taken, shall not exceed one thousand dollars; and provided further, that no claim against the City and County of San Francisco shall ever arise under or in consequence of this Act, or the proceedings under the same.

Board to

employ cer

and rent

office.

SEC. 6. Said Board may employ a Secretary, and such tain officers, attorneys, clerks, draughtsmen, searchers of records, and other assistants, as they may deem necessary and proper, and shall allow them a reasonable compensation, but at the rates not exceeding those ordinarily paid for like services by private parties. They shall rent and furnish a suitable office for the transaction of its business; provided, that the rent of said office shall not exceed fifty dollars per month, and the cost of furnishing the same shall not exceed two hundred dollars; and provided further, that no allowance for rent or services shall be made for a longer period than six months.

Commissioners to publish notice.

SEC. 7. As soon as convenient after their appointment, said Commissioners shall publish a notice, for not less than thirty days, in two of the daily papers printed in the City of San Francisco, informing property owners along the line of said proposed street, and within the district to be assessed, that the Board is organized, and inviting all persons owning land which is to be taken for the opening of said street, or which is to be assessed for the cost thereof, as the same is defined in this Act, within 10 days from the date of the first publication of said notice, to file with said Board maps of their respective subdivisions of land and copies of the deeds, leases, mortgages, or other instruments, under which they

respectively claim, or a description of their property, with a specification of their interests therein, and a reference to the place and books of record of the instruments under which they so claim; and said advertisement shall also notify all persons owning, or claiming, or occupying, or having any title to property which they consider will be injuriously affected in value by the opening of said street, over and above the benefits accruing to their property from such opening, to file like maps, and copies of deeds, and other instruments, or specifications and descriptions, with a brief statement of the reasons why, or respecting which, their property will be affected.

Commis

contain.

SEC. 8. At the expiration of the 30 days mentioned in Powers of section (7) of this Act, the said Board of Commissioners may comers to cause to be made, or may adopt such surveys, plans, diagrams, adopt surdeeds, abstracts of title of property, or any other matter for etc. data as, after examination, shall meet its approval; it may also alter, modify, or reject the same, or any part thereof, and cause to be made new surveys, plans, maps, abstracts of title, or other exhibits, necessary or convenient for the prosecution of its duties under the provisions of this Act. The said Board of Commissioners, having adopted surveys, plans, maps, or other working exhibits, as herein before mentioned, shall proceed to ascertain, and determine, and separately state and set down in a written report to be signed by at least a majority of said Board, the description and actual cash value of the several lots and subdivisions of land included in the land taken for said opening of Tehama Street, and the amount of damages that will be occasioned to the property along the line, and within the course of said. street, and within said district. In making said report, said Report; Board shall severally specify and describe each lot, sub- what to division, or piece of property taken or injured, and shall set against each lot, subdivision, or piece of property, the names of the owners, occupants, and claimants thereof, or of persons interested therein, as lessees, incumbrancers, or otherwise, and the particulars of their interests, respectively, so far as the same can be reasonably ascertained, and the amount of value or damages determined upon for the same, respectively. If, in any case, said Board shall find that conflicting claims of title exist, or shall be in ignorance or doubt as to the ownership of any parcel of land, or of any interest therein, it shall be set down as belonging to unknown owners. Said Board shall also proceed to ascertain, and determine, and separately state and set down in the report, a description of the several subdivisions and lots of land included in the district defined in this Act, and opposite to such description shall set against each lot or subdivision the sum or amount in which, according to the judgment and determination of said Board, the said lot or subdivision has been, or will be, benefited by reason of the taking and opening of said Tehama Street, relatively to the other lots or subdivisions, respectively, within said district. Said Board shall also set against each lot or subdivision, as aforesaid, the names of the owners, occupants, and claimants thereof, as far

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