CHAP. LXXIV.-[See volume of Amendments to the Codes.] Appropria ized. CHAP. LXXV.-An Act to pay the claims of the County of [Approved February 16, 1878.] The People of the State of California, represented in Senate and SECTION 1. There is hereby appropriated out of the Gention author- eral Fund in the State treasury the sum of three thousand six hundred and fifty-three and sixty-seven one-hundredths dollars in favor of the County of Sacramento, to reimburse said county for the State's portion of taxes repaid by said county upon a judgment in favor of the Odd Fellows' Bank vs. J. W. Houston. Appropriation not subject to certain laws. Board of Supervisors to loan Trustees to SEC. 2. This appropriation shall not be subject to the laws relative to the State Board of Examiners, but upon its passage the Controller shall draw his warrant upon the Treasurer in favor of said county for said sum, and the Treasurer shall pay the same to the order of the Board of Supervisors of said county. SEC. 3. Whenever said sum is paid into the county treasury of said county, the Board of Supervisors thereof must at once loan to the Trustees of Swamp Land District Number Two Hundred and Eighty-seven, two thousand one hundred ($2,100) dollars thereof. SEC. 4. The Trustees of said district must appropriate appropriate. said sum to the payment of the indebtedness contracted for levee repairs and wing dams in the years eighteen hundred and seventy-seven and eighteen hundred and seventy-eight. SEC. 5. The Trustees of said district must repay the sum so loaned to them out of the first assessment levied and collected in said district. Repayment. SEC. 6. passage. This Act shall be in force from and after its Acts declared lawful. CHAP. LXXVI.-An Act to legalize and enforce the collection of a district school tax, and to render lawful the acts of the Board of Trustees of North Butte School District, pursuant to an election held therein. [Approved February 16, 1878.] The People of the State of California, represented in Senate and SECTION 1. The election held in North Butte School District, in the County of Sutter, on the second day of April, A. D. eighteen hundred and seventy-seven, for the purpose of voting a tax to build a school house, and to authorize the Board of Trustees to sell and dispose of certain property belonging to said school district is hereby legalized, and all agreements and contracts made and entered into, and all acts done by said Board pursuant to the authority intended to be conferred at said election, are hereby made and declared to be lawful and binding upon said district. SEC. 2. The assessment of property as made by William Assessments T. Spillman, the duly elected, qualified, and acting Assessor legalized. of said North Butte School District, in the months of April and May, A. D. eighteen hundred and seventy-seven, the equalization thereof, and the levy of a tax thereon, by the Board of Trustees of said school district, are hereby legalized, comfirmed, and rendered valid and binding against the persons and property assessed, and the delinquent assessment list as certified and returned to the District Attorney, on the sixth day of August, A. D. eighteen hundred and seventy-seven, is hereby made conclusive evidence of the legality of the several sums charged against the persons and property in said list described, notwithstanding any irregularities or informalities therein contained. school property. SEC. 3. The Board of Trustees of said North Butte School Sale of District are hereby authorized and empowered to sell, at public auction, to the highest bidder for cash, in gold coin, all the right, title, and interest of said school district of, in, and to the old school building, and the real property on which the same is situate, described in a certain indenture of deed bearing date the twentieth day of April, A. D. eighteen hundred and sixty-nine, made and delivered by William Powell to the Trustees of said school district; provided, that Notices to be written notices specifying the terms, time, and place of such published. sale must be posted in three public places in said school district at least ten days prior to such sale. SEC. 4. This Act shall take effect and be in force from and after its passage. CHAP. LXXVII.-An Act in relation to the Assessor of the [Approved February 19, 1878.] The People of the State of California, represented in Senate and Assembly, do enact as follows: how paid. SECTION 1. The Board of Supervisors of the County of Expenses of Sacramento are hereby empowered and authorized, if they Assessor: deem the same advisable, to pay the Assessor of the County of Sacramento a sum, in gross, yearly, for all expenses and salaries of himself and deputies in making and preparing the assessment and assessment roll of taxable property in Sacramento County for State and county taxation; provided, Contract of the said Assessor, by contract duly drawn and approved, Assessor. shall satisfy said Board that he will accept said payment and Compensa do said work; and provided further, that the amount so paid tion. Appoint ment of deputies. shall not exceed the sum of eight thousand dollars per annum, and shall be paid in such manner as may be agreed upon by and between the said Board and said Assessor. SEC. 2. If said Board elect to make the contract and payment, as provided in section one of this Act, the said Assessor shall have the power to appoint and pay his own deputies, with power of removal, and the County of Sacramento shall not in any manner be held responsible for the pay of the deputies of said Assessor; provided, that all appointments of Deputy Assessors must be submitted to and confirmed by the Board of Supervisors of Sacramento County. SEC. 3. This Act shall take effect and be in force from and after its passage, and all Acts and parts of Acts inconsistent herewith are hereby repealed. Appropria ized. Filing of claim. CHAP. LXXVIII.-An Act to authorize and require the Board of Supervisors of San Joaquin County to allow a claim of S. G. S. Dunbar, and to authorize and require the Auditor of said county to draw a warrant therefor, and to authorize and require the Treasurer of said county to pay the same. [Approved February 20, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of San Joaquin tion author County are, by this Act, authorized and required to allow the claim of S. G. S. Dunbar, of said county, for two thousand three hundred and thirty-three dollars and thirty-three cents, payable in the gold and silver coin of the United States, for his services in performing the duties of School Superintendent of said county, from March sixth, eighteen hundred and seventy-six, to May the eighth, eighteen hundred and seventy-seven, and the said claim, when allowed, shall be paid out of the moneys in the General Fund of the treasury of said county. The said S. G. S. Dunbar is authorized, at any time after the passage of this Act, to file with the said Board of Supervisors, or with the Clerk thereof, in writing, his claim against said county for said sum of money, for said services as School Superintendent of said county, and, for the purpose of allowing said claim, the Board of Supervisors may meet in special session, and such session shall be called by a notice of the Chairman of the Board, specifying the time and purpose of such session, which notice, signed by the Chairman of the Board, shall be published, for not less than five successive days before such session, in some daily newspaper published in said county, to be selected by the Chairman of the Board. SEC. 2. As soon as the Board of Supervisors of San Joaquin warrant. County shall have allowed the claim of S. G. S. Dunbar, Auditor mentioned in section one of this Act, the Auditor of said wit county is authorized and required to issue to said Dunbar a warrant of said county, for two thousand three hundred and thirty-three dollars and thirty-three cents, payable in the gold and silver coin of the United States, and directed to the Treasurer of said county, and made payable out of the moneys in the General Fund of the treasury of said county, and the Treasurer of said county is hereby authorized and required to pay said warrant, in the gold and silver coin of the United States, out of the moneys in the General Fund of the treasury of said county. SEC. 3. Whereas, a suit against the County Auditor of the Bond County of San Joaquin is now pending, in which T. O. required. Crawford claims the pay of County Superintendent of the schools of the County of San Joaquin, for the same time as is claimed by S. G. S. Dunbar, it is hereby enacted that, at the time of receiving the money hereinbefore provided to be paid to the said Dunbar, he shall give to the County of San Joaquin a good and sufficient bond, conditioned that if said T. O. Crawford shall recover the same from the county said S. G. S. Dunbar will repay the same to the County of San Joaquin, on the demand of the Board of Supervisors of said county. SEC. 4. This Act shall take effect from and after its passage. CHAP. LXXIX.-An Act to incorporate the Town of Alameda. The People of the State of California, represented in Senate and SECTION 1. The people of the Township of Alameda, in Name of corthe County of Alameda, are hereby constituted a municipal poration. corporation by the name of the Town of Alameda, and the boundaries of said town shall be the same as now form the said Township of Alameda. whom SEC. 2. The government of said town shall be vested in a GovernBoard of five Trustees, an Assessor, who shall also act as ment, in Auditor of said town, a Treasurer, who shall also act as Tax vested. Collector of said town, a Surveyor and Civil Engineer, who shall act as the Superintendent of Streets, a Town Attorney, a Chief of Police, and a Superintendent of Schools. The Justices of the Peace and Constables elected in and for the Township of Alameda, from time to time, shall perform their respective duties in said town, and shall respectively give effect to all ordinances that may be enacted by the said Board of Trustees in pursuance of the powers given to said Board by this Act, and said Constables, and such other police officers as may be appointed as is hereinafter pro Election. Duty of Meetings. Failure to qualify. Vacancy, how filled. Same. Trustees, powers of. Streets opened. Improve ment of streets. vided, shall, with and under the direction of the Chief of Police, perform the police duty of said town. SEC. 3. The officers named in the preceding section shall be elected by the qualified electors of said town on the first Monday in May, A. D. eighteen hundred and seventy-eight, and their successors on the first Monday in May of each succeeding year, at an election to be held for that purpose. SEC. 4. The Board of Trustees shall assemble within ten days after their election and shall choose a President from their number. They shall meet on Tuesday of each week, but special meetings may be called by the Clerk upon the request of two members of the Board, by a written notice delivered personally to each member. All meetings shall be in public. Three members of the Board shall constitute a quorum for the transaction of business, but no ordinance directing any public improvement, or any ordinance or resolution directing the payment of money, shall be valid unless the same is passed by four affirmative votes; and no ordinance of any nature shall have legal force unless it shall receive a majority vote of all members elected or appointed. In case of failure of a member of said Board, or of any officer elected under this Act, to qualify, a new election shall be ordered by said Board to fill the vacancy, upon giving twenty days' notice by advertisement in a paper printed and published in said town. In case of death or resignation of any member of said Board, or officer of said town, excepting a Director of the Board of Education, or Superintendent of Schools, or Assessor, such vacancy may be filled by the other members of said Board, at a regular meeting. In case of vacancy in the office of Assessor, the same shall be filled for the unexpired term by the calling by said Board of an election for said purpose, as in the case of failure to qualify. The Board of Trustees shall keep a journal of their proceedings, which shall always be open to the inspection of any taxpayer of said town, or his legal representative, during the usual business hours of each day. SEC. 5. The Board of Trustees shall have power: First-To declare any streets now open, or such as may be hereafter opened by any owner of land within said town, to be public streets for the ordinary uses and easements of the public, and not otherwise; provided, nothing contained in this subdivision shall be held to apply to the location of the railroad track of the Bay and Coast Railroad Company in said town, which is now constructed, or is being constructed under an ordinance of said town, and which said ordinance is hereby ratified and confirmed, but such ratification and confirmation shall not in any manner alter, change, or affect any pending suit, or the rights of the parties thereto; but said ordinance or its ratification shall not operate as an exclusive franchise to said company. Second-To establish the grade of said streets, to provide for the improvement, repair, lighting, and watering the same, and the erection of sidewalks thereon, and the construction of sewers, all in the manner hereinafter provided, and to provide for watering all such streets as shall have |