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give notice.

shall determine equity may require, with reference to the difficulties or costs of exterminating squirrels thereon, and fix and prescribe a price per acre which shall be allowed the land owners poisoning and exterminating the squirrels upon Inspector to his land as so classified. The Squirrel Inspector in each district shall give to every land owner in his district at least ten days' notice, in writing, of the time when and within which he is required to poison the squirrels upon his land, under this Act, and the price per acre which shall be allowed him therefor. Such notice shall be given by delivery of the same to the land owner in person, or leaving the same at his residence, if he resides within the district; otherwise, by posting the same in some safe and conspicuous position upon the land.

Inspector to give

Demands; how paid.

SEC. 6. If the land owner shall, within the period so certificate, fixed and prescribed, poison and exterminate the squirrels upon his land, it shall be the duty of the Squirrel Inspector, upon being satisfied thereof by examination and inquiry, to give to the land owner a verified certificate of the fact, stating the quantity of land and the sum of money, at its proper class rate, to which the land owner is entitled on account thereof, which certificate shall accompany the demand which may be presented to the Board of Supervisors, by the land owner, for the payment of the sum to which he may be entitled under this Act. Such demand, when approved and allowed by the Board of Supervisors, shall be payable out of the Squirrel Fund of the county; provided, that when land is included in any district, such as tule, or low, or swamp, or overflowed land, not occupied by squirrels, the owners thereof, who pay taxes on same for Squirrel Fund, shall receive from the Squirrel Inspector, after satisfactory examination, a certificate that such land is free from squirrels, giving the number of acres, and price per acre, and gross sum, which certificate shall be treated the same as the other bona fide certificates; and provided further, if said Board has reason to believe the Inspector, in any case, may have certified without sufficient examination, or falsely, in collusion with any land owner, or other interested person, then the claim shall not be allowed until inquiry and evidence shall have satisfied the Board that the certificate was properly granted in conformity with the intention and purpose of this Act and the ordinances of the Board of Supervisors thereunder; and it is further required, when it shall be found that an Inspector has knowingly, or negligently, certified falsely to the extermination of squirrels on any tract. or tracts of land, his appointment shall be revoked, and he shall be prosecuted upon his bond, and shall also be subject to prosecution for perjury.

Penalty.

Inspector to poison squirrels when

SEC. 7. If any land owner shall fail or neglect to poison or exterminate the squirrels upon his land, within the period owner fails. so fixed (as provided in Section 5), it shall be the duty of the Squirrel Inspector of the district, immediately upon the expiration of such period, to enter upon the land and thoroughly poison and exterminate the squirrels thereon, and also upon all public lands and highways in said district;

destroying

provided, however, that the Board of Supervisors may, under Contracts for resolution declaring it advisable for the public interest, squirrels. which shall be entered upon their records of proceedings, enter into contract or contracts for destruction of squirrels upon lands of negligent owners, and the public lands and highways; and it shall be the duty of the Inspectors herein provided to certify to the performance of such contracts, as is provided in case of extermination by land owners, and as may be prescribed by the ordinances and regulations of the Board of Supervisors; and the Inspector shall be allowed the per diem compensation for such service as for service of notices and other examinations.

SEC. 8. The Squirrel Inspector shall be allowed, for his Per diem of services under this Act, payable out of the Squirrel Fund, Inspector. three dollars per day for the time actually employed in giving the notices and certificates herein provided for, and poisoning squirrels on lands of negligent owners, the public lands and public highways, such allowance as shall be equal to that, the per diem compensation, for his own time when necessarily so employed, besides actual expenses or obligation incurred for materials and assistants, an itemized and verified account of which shall be rendered before approval or allowance of such claims; and no allowance of more than two dollars per day shall be made for the hired assistants of any Inspector. Warrants upon the Squirrel Fund may be drawn in anticipation of the levy and collection thereof, for the years eighteen hundred and seventy-eight and eighteen hundred and seventy-nine.

to pass ordinances.

repealed.

SEC. 9. The Board of Supervisors may pass such orders Supervisors and ordinances as may be proper and necessary to fully carry into effect and accomplish the purposes of this Act. SEC. 10. All Acts and parts of Acts in conflict with the Acts provisions of this Act are hereby repealed as to any county in the State, that through action, as herein provided, elects to apply the provisions of this Act; but this repealing effect shall not be construed as arresting or forbidding proceedings for enforcement of penalties or obligations incurred under other Acts.

SEC. 11. This Act shall take effect and be in force from and after its passage.

CHAP. DXXIV.-An Act to authorize the Council of the City of Los Angeles to audit and pay to John S. Griffin the amount of a warrant, and heretofore drawn in his favor.

[Approved March 30, 1878.]

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

SECTION 1. The Council of the City of Los Angeles are Council to authorized to audit a warrant drawn by the Mayor and audit President of the Council, in favor of John S. Griffin, for the

warrant.

sum of one hundred and sixty-one dollars and twenty-five cents, numbered 1,198, and dated April 16, 1869; and if it finds the same to be due, to cause a warrant to be drawn in favor of the said Griffin, upon the Cash Fund of said city, for the amount of said warrant.

SEC. 2. This Act shall take effect immediately.

Right

granted to construct railroad.

Streets to be worked.

CHAP. DXXV.—An Act to grant the right of way for a railroad
track within the limits of 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 right is hereby granted to John H. Turney, Joseph Britton, John Harrold, Charles N. Felton, Charles W. Smith, John Siebe, James L. King, their associates and assigns, to construct, lay down, and maintain an iron railroad within the City and County of San Francisco, commencing at the intersection of Stockton and Bay Streets of said City and County of San Francisco, and extending thence along the line of said Bay Street westerly to the Presidio Reservation; thence across the said Reservation and near the shore of the Bay of San Francisco, at the most suitable points; thence around the shore of the Bay and of the Pacific Ocean to the Cliff House, and thence to the point where the Golden Gate Park meets the Pacific Ocean; provided, that until the said Bay Street shall have been graded, the said tract may be laid down and operated on the most accessible street now graded, connecting with Stockton Street and skirting the Bay of San Francisco. The said grantees, their associates and assigns, are hereby authorized and empowered to construct, lay down, and maintain, upon the streets and route mentioned in this Act, a single or double track railroad, at their option, with the proper and necessary switches and turn-outs along the entire route, with the right to run cars, and to carry passengers thereon; said cars shall be run at convenient hours of every day and night for the transportation of passengers. The rails to be of the most. improved pattern used for steam railroads, and known as the Trail.

SEC. 2. The owners of said railroad shall pave, plank, or macadamize, as the proper authorities of. said City and County of San Francisco shall direct, the street through which said railroad shall run, along the whole length thereof southeast of the Presidio Reservation, for a width extending two feet on each side of said track, and shall keep the same constantly in repair; provided, that on such streets where said railroad shall run the same are not graded, paved, planked, or macadamized, then the grantees herein named, their associates and assigns, shall not be compelled to pave,

plank, or macadamize as aforesaid, until said streets shall be graded and paved, planked or macadamized.

SEC. 3. The tracks of said railroad shall not be more than Track; how five feet eight and a half inches wide within the rails, with laid. a space between the double tracks sufficient for the free passage of the cars, and shall be laid as nearly as possible in the middle of the streets, and flush with the level of the streets, and so as to offer as little obstruction as possible to the crossing of vehicles; and when the road herein provided for shall intersect any other road, the rails of each shall be so cut or altered as to permit the cars to pass without obstruction; and nothing in this Act shall be so construed as to prevent any other railroad company hereafter formed from crossing the road herein mentioned, at any point, in like manner, in the City and County of San Francisco.

of road.

SEC. 4. For the purpose of laying down or repairing the obstruction said railroad, not more than the length of one block, in any one street, within the present fire limits of the said city and county, shall be obstructed at any one time, nor for a longer period at any one time than twelve working days.

fare.

overcharg

SEC. 5. The rates of fare for each passenger upon said Rates of railroad shall not exceed five (5) cents each way, for any distance east of and inside of the line of the Presidio Reservation, and for any distance beyond said line of said Reservation (10) cents; and it is further provided, that it shall be unlawful Penalty for for any person or persons, corporation, joint stock company, ing. or association, running a passenger car upon any railroad laid down or maintained by virtue of the franchise herein. granted, to demand of or receive from any person desiring to be conveyed, or being conveyed, or purchasing tickets for passage on such railroad, a sum of money greater than is allowed by the provisions of this Act, and for each and every violation of the provisions of this section such persons or persons, corporation, joint stock company, or association, so demanding or receiving such sum, or whose agent or agents, employé or employés, shall demand or receive such sum, shall forfeit to the person so overcharged the sum of fifty dollars, to be recovered in a civil action in any Court of competent jurisdiction.

propelled.

SEC. 6. The cars upon said railroad shall be of the most Kind of approved construction for the comfort and convenience of cars; how passengers, and shall be provided with sufficient brakes and other means of stopping the same, when required; they shall be moved by steam; and inside, being east of Devisadero Street, by what is known as dummy steam engines, and inside of said Devisadero Street, shall not run at a speed exceeding eight miles an hour; provided, that outside and west of Devisadero Street, the speed may be increased, not to exceed twenty-five miles an hour.

SEC. 7. Any person willfully obstructing the said railroad Penalty. shall be deemed guilty of a misdemeanor, and shall be punished accordingly.

SEC. 8. The franchise and privilege hereby granted shall Franchise; continue for the period of twenty-five years, to date from and how long to after the passage of this Act; provided, that the grantees

continue.

Authorities

not pre

repairing

streets.

herein, or their associates or assigns, shall, within one year from the date of the passage of this Act, commence the construction of said railroad, and have the same completed throughout its entire length at least upon a single track, and passenger cars running thereon, within two years from and after the first day of July, eighteen hundred and seventyeight, but no time during which they shall be prevented therefrom by legal process shall be counted as a part of said time.

SEC. 9. Nothing in this Act shall be so construed as to vented from prevent the proper authorities of the said City and County of San Francisco from sewering, grading, paving, planking, altering, or repairing any of the streets before mentioned, or any of the streets upon which said railroad shall run, but all such work shall be done, if possible, so as not to obstruct the free passage of cars upon the said railroad; and when the same shall not be possible, the said authorities, before the commencement of said work, shall allow to the owners of said railroad time sufficient to enable them to shift the rails, or take other means so as to avoid said obstruction during the continuance thereof, which they, the said owners, are hereby authorized to do.

License tax.

Supervisors

to grant additional rights.

SEC. 10. The owners of said railroad shall pay to the said City and County of San Francisco an annual license tax, to be fixed by the Board of Supervisors of said city and county, not exceeding the sum of fifty dollars on each car used by them upon said railroad, which payment shall be made quarterly to the said city and county.

SEC. 11. The Board of Supervisors of the City and County of San Francisco, and their legal successors, are hereby authorized and empowered to grant to the said parties named in the first section of this Act, their associates or assigns, such additional rights, privileges, and grants as said parties, their associates and assigns, may desire and deem necessary for the full and complete enjoyment of the franchise and privileges created and granted by this Act.

SEC. 12. This Act shall take effect and be in force from and after its passage.

District created; its

CHAP. DXXVI.-An Act to create an Irrigation District, to be called the Modesto Irrigation District.

[Approved March 30, 1878.]

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

SECTION 1. All that certain territory, situated in the boundaries. County of Stanislaus, and bounded as follows, viz.: On the south by the Tuolumne River, commencing at the junction of said river with the San Joaquin River, and running thence up and along said Tuolumne River to the point where the county line between the Counties of Stanislaus and

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