Vacancies; how filled. Demands entitled to payment only. exceeding the amount fixed by ordinance. Upon his failure to do so, at the time fixed, his office shall be declared vacant, and such vacancy shall be filled by appointment of the Board of Trustees. SEC. 28. If any vacancy shall occur in any of the offices created by this Act, they shall be filled by appointment of the Board of Trustees. Should any of the officers herein mentioned fail to qualify and give the bond required, for the period of ten days after receiving notice of their election, the office shall be deemed vacant, and the same shall be filled as provided in this Act. The official bond of every officer named in this Act shall be filed with the President of the Board of Trustees. SEC. 29. All demands that shall lawfully arise against the town, in order to be entitled to payment, shall, after upon what being verified by the oath of the claimant, be presented to and allowed for such an amount as shall be deemed just by the Board of Trustees; and no bill, demand, or warrant shall be paid out of the town treasury, unless the same be allowed by the Board of Trustees, signed by the President of said Board, and countersigned by the Clerk; provided, that all demands or warrants upon the School Fund may be signed by the President of the Board of Education, countersigned by the Clerk. Duty of Clerk. Duty of Town Marshal. SEC. 30. It shall be the duty of the Town Clerk, in addition to any duties required of him by the Board of Trustees, to attend all meetings held by said Board, and keep a correct journal of their proceedings; and on receiving the official returns of the charter elections held, shall, without delay, after the result of the election has been declared by the Board of Trustees, issue certificates of election to the persons elected; and he shall receive such compensation for his services as said Board of Trustees may, by ordinance, fix; and for a failure to comply, shall be liable to all such penalties as are herein set forth, and be subject to removal from office and forfeiture of his official bond as Town Clerk. The Town Clerk shall keep a book, to be entitled "Register of Papers Filed," in which he shall enter in the order of the date of filing, respectively, a brief note of the filing of all papers, maps, surveys, diagrams, assessments, or other matters filed in his office, and of the contents of the same, and by whom presented for filing; nor shall he file in his office any of his such matters without indorsing upon the same the date of filing, attested by his official signature. SEC. 31. It shall be the duty of the Town Marshal, in addition to any duties required of him by the Board of Trustees, and he is hereby authorized to enforce all ordinances passed by the Board of Trustees, and arrest all persons guilty of a violation of the same, to collect all taxes and licenses that shall at any time be due said town, to receive the tax list, and upon receipt thereof to proceed and collect the same at the time and in the manner as may, by ordinance, be provided; the said Marshal being hereby vested with the same powers to make collections of taxes as are or shall be conferred upon the Tax Collectors for the collection of State and county revenue; and it shall be the duty of said Marshal to collect, in the same manner, any tax list placed in his hands for that purpose, without any unnecessary delay, and pay all taxes to the Town Treasurer monthly, taking his receipt therefor. Said Marshal shall receive such compensation for Compensa his services, rendered under the provisions of this Act, as tion." the Board of Trustees may, by ordinance, fix. He shall have Power of the same power in all civil and criminal cases, within the Marshal. limits of said town, as Constables have within the respective townships for which they are elected, and be entitled to the same fee; and for failure to comply with the duties required of him shall be liable to all such penalties as are herein set forth, and subject to removal from office. SEC. 32. It shall be the duty of the Town Treasurer to Duty of receive and safely keep all moneys that shall come into the Treasurer. town treasury, and pay out the same on the order of the Board of Trustees, countersigned by the President and Clerk; or, if from the School Fund, upon the order of the Board of Education, signed by the President, and countersigned by the Clerk, and take receipts therefor, and to perform such other duties as may be required of him by said Board of Trustees; and shall make out a quarterly statement of his receipts and expenditures, verified by his oath, and file the same with the Town Clerk, and at the end of his official term shall deliver over to his successor in office all moneys, books, papers, other property in his possession belonging to the town. SEC. 33. It shall be the duty of the Town Assessor, in addi- Duty of tion to any duties required of him by the Board of Trustees, Assessor. between the second Monday in May and the first Monday in August of each year, to make out a true list of all taxable property within the limits of said town, which list, certified by him, shall, on the third Monday of August, be by him placed in the hands of the Board of Trustees for equalization. The mode of making out such list and ascertaining the value of the property shall be the same as that prescribed by law for assessing State and county taxes; and also make assessment for street work, as provided in this Act. And the Assessor shall receive for his services such sum as shall be fixed by ordinance. No levy of taxes shall be made upon real and personal property within the limits of the town by the Board of Supervisors of Alameda County for road purposes, and no taxes shall be collected by the Tax Collector of said county on property situate within said town for such purposes. Said Clerk, Marshal, and Assessor shall have power the same to administer and certify to an oath as has a Justice of the Peace. town taxes. SEC. 34. Town taxes shall be collected in the same man- Manner of ner that State and county taxes are collected within the collecting County of Alameda; provided, that the publication of the delinquent tax list shall be made in some newspaper published within said town, if there be one; if there be none, then in some newspaper published within said county; provided, all sales for delinquent taxes shall be made in front of the Town Hall, and by the Town Marshal. Appointment and duty of Attorney. Jurisdiction of Justices. Taxes, etc.; payable in what. Power and duty of Board. SEC. 35. The Board of Trustees of said town may appoint a Town Attorney, to hold office during the pleasure of said Board, whose duty it shall be to prosecute all suits brought in behalf of the town, and to defend all suits brought against it, and to do such other duties as the Board of Trustees may direct, and whose compensation shall be such sum as said Board may determine. SEC. 36. The Town Justices of the Peace shall have the same jurisdiction, and the Constables shall have the same powers within the limits of said town, in all civil and criminal cases, as any other Justice and Constable has within the township for which he is elected. SEC. 37. All taxes, assessments, and fines, payable to the town treasury, and the cost of the improvements on any sidewalk, street, or other town improvement, shall be payable only in gold and silver coin of the United States. SEC. 38. The President of the Board of Trustees shall President of preside at all meetings of said Board when he shall be present; and in the absence of the President the Board may appoint one of their number to act as President pro tem., and for their services said Trustees and President shall receive no compensation. The acting President of the said Board of Trustees shall have the power to administer oaths and affirmations concerning any demand upon the town treasury other than for school purposes, and to witnesses examined in any investigations had by said Board, or by a committee thereof duly appointed by it for that purpose. He may issue subpoenas under his hand and the seal of said town to compel the attendance of such witnesses, who shall be entitled to the same fees as witnesses in civil cases, and may be punished for contempt for non-attendance or refusal to be sworn, or to answer, by the County Judge, in the same manner as witnesses duly summoned are authorized by law to be punished in the respective case by the County Court. Style of ordinances. Action to be SEC. 39. The style of the ordinances of the Town of Berkeley shall be: The Trustees of the Town of Berkeley do ordain as follows. SEC. 40. The Town Trustees are hereby authorized to procure the necessary books for the official records of the town. SEC. 41. Any person claiming to be the owner of any lands situated in said town may file with the Town Clerk an affidavit, taken before any officer authorized to take affidavits, specifying the lands so claimed, by such person, and designating some person, resident in said town, as his agent, on whom any of the notices specified in this Act may be served, and if such affidavit be filed, and the owner of the respective land cannot be personally served, then, in addition to posting such notice on the respective lands, as hereinbefore provided, the same shall be personally served on such designated agent, if he can be found after diligent search. No service by posting on the respective lands, as provided in this Act, shall be of any avail for any purpose, unless the Town Marshal shall file an affidavit with the Town Clerk, attached to a copy of such notice, stating the time and mode against invalid ex of such posting, and also that previous to such posting he made diligent search without success to find the owner of the respective lands in order to make personal service of such notice. No assessment against unknown owners, as Assessmient authorized by this Act, shall be valid unless the person unknown making the same shall add at the end of the assessment roll owners his affidavit, in writing, subscribed by him, and attested by cept when. an officer authorized to take affidavits to be used in Courts of record, to the effect that he has in all cases searched diligently for the owners of the respective lands described in such assessment, and has always assessed such lands to such owners when they could be ascertained. SEC. 42. In any action brought to recover any claim for work done on any public improvement, as provided in this Act, the defendant may plead in bar of the same that the respective work was not done as prescribed by the contract, and the acceptance of the work, by the Town Marshal, or Board of Trustees, shall be only prima facie evidence for the plaintiff. SEC. 43. This Act shall take effect and be in force from and after its passage. CHAP. DLXVI.-[See volume of Amendments to the Codes.] CHAP. DLXVII.-An Act in relation to certain swamp land in the County of Sacramento. [Approved April 1, 1878.] The People of the State of California, represented in Senate and district de clared and defined. SECTION 1. All that portion of the County of Sacramento, Reclamation bounded and described as follows, viz.: Beginning on the township line at the southeast corner of the northeast quarter boundaries of section one, in township five north, range four east, of Monte Diablo base and meridian; thence west through the center of sections one and two of said township to the east -boundary line of Reclamation District Number Two Hundred and Five (205); thence in a northwesterly direction along said boundary of District Two Hundred and Five (205) through the northwest quarter of said section two (2) to a point one and eighty-eight one-hundredths (1.88) chains east of the southeast corner of section thirty-four (34), in township six (6) north, range four (4) east; thence west one and eighty-eight one-hundredths (1.88) chains to the southeast corner of said section thirty-four (34); thence north eighty (80) chains to the northeast corner of said section thirty-four (34); thence west fifty-six (56) chains, more or less, to the district de clared and defined. Reclamation Southeast corner of swamp land survey number two hundred and seventeen (217) of Sacramento County; thence boundaries north fifty-three degrees (53°) west along the line of said survey two hundred and seventeen (217) forty-five (45) chains to the slough separating Rand Allis [Randall's] Island from the main land; thence up said slough to the Sacramento River; thence up the Sacramento River to the north line of survey number one hundred and forty-four (144), in the southeast quarter of section eleven (11), township seven (7) north, range four (4) east; thence in a northwesterly direction along the north line of said survey one hundred and forty-four (144) to east boundary of survey number ninety-two (92); thence north to the northwest corner of said survey ninety-two (92); thence east one hundred and forty (140) chains to the northeast corner of the northwest quarter of the southwest quarter of section eight (8), in township seven (7) north, range five (5) east, said point being the northeast corner of survey number two hundred and ninety-one (291); thence south forty (40) chains; thence east twenty (20) chains; thence south one hundred (100) chains; thence west sixty (60) chains; thence south forty (40) chains; thence west twenty (20) chains; thence south sixty (60) chains; thence west twenty (20) chains; thence south two hundred and twenty (220) chains; thence east twenty (20) chains; thence south one hundred and twenty (120) chains; thence west twenty (20) chains; thence south forty (40) chains; thence east twenty (20) chains; thence south twenty (20) chains; thence west forty (40) chains; thence south forty (40) chains; thence east twenty (20) chains; thence south twenty (20) chains; thence east forty (40) chains; thence south twenty (20) chains; thence west forty (40) chains; thence south twenty (20) chains; and thence west twenty (20) chains to the township line between township six (6) north, range four (4) and five (5) east; thence south along the township line one hundred and forty (140) chains to the place of beginning, containing sixteen thousand six hundred thirty-four and fifty-eight one-hundredths (16,634.58) acres, is hereby constituted and declared to be a reclamation district of the State of California, to be known and designated as Reclamation District Number Two Hundred and Fifty-four (254); provided, that if the boundary line of the district herein provided for should conflict with the boundary line of Reclamation District Number Two Hundred and Five (205), then and in that case the boundary line of said Reclamation District Number Two Hundred and Five (205) shall govern and control, and the boundary line of the district herein provided for shall be changed to correspond with the boundary line of said Reclamation District Number Two Hundred and Five (205). Powers of said district. SEC. 2. The lands embraced within said boundaries, and the owners thereof, shall hereafter, for all purposes of reclamation and of the protection of said lands from overflow by water, be a body politic and corporate, under the name of Reclamation District Two Hundred and Fifty-four, under which name it may control, sue and be sued, and possess, exercise, and enjoy all the powers which are now possessed |