Homeopathic Practitioners, shall be compelled to procure a new certificate. And all powers and privileges of said Boards of Examiners, under the Act to which this Act is supplemental and amendatory, are hereby transferred to the Boards of Examiners created by this Act. SEC. 8. Any person assuming to act as a member of a MisdeBoard of Examiners, under this Act or under the Act to meanor. which this Act is supplemental and amendatory, or who shall sign, or subscribe, or issue, or cause to be issued, or seal, or caused to be sealed, a certificate authorizing any person to practice medicine or surgery in this State, except the person so acting and doing be appointed by one of the societies mentioned in section two of this Act, or be authorized so to do by a Board of Examiners appointed by one of said societies, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, or by imprisonment in the County Jail for a period of not less than thirty nor more than three hundred and sixty-five days, or by both such fine and imprisonment. certificates made null. SEC. 9. Should either of the said Boards issue a certificate Certain to any person whose application for a certificate has been previously rejected by another of the said Boards, within one year after the rejection of said application, then in such case the certificate issued as aforesaid to said rejected applicant shall be null and void and of no effect. plicants to medicine. SEC. 10. If any person not a graduate or licentiate of Examinamedicine has been unable to present himself for examina- tion of aption to any of said Boards, as provided in section one of this practice Act, then and in such case it shall be lawful for either of said Boards, on good cause shown why said person was unable so as to present himself for examination, to examine such person touching his qualifications to practice medicine or surgery, and if said examination shall be satisfactory to the Board, it shall thereupon issue its certificate in accordance with the facts, and the lawful holder thereof shall be entitled to all the rights and privileges of graduates or licentiates to whom certificates have been issued under this Act and the Act to which this Act is amendatory and supplementary, but no such examination shall be had after the expiration of sixty days from the time this Act shall take effect. SEC. 11. This Act shall be in effect from and after its passage. This bill having remained with the Governor ten days (Sundays excepted), and the Legislature being in session, it has become a law this first day of April, A. D. eighteen hundred and seventy-eight. THOMAS BECK, Secretary of State. CHAP. DLXXVII.-[See volume of Amendments to the Codes.] Special tax. Tax to be used for what. CHAP. DLXXVIII.-An Act to authorize the purchase of land and the erection of a County Hospital. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of San Joaquin County is hereby authorized to levy and cause to be collected, at the same time and in the same manner as other county taxes are levied and collected, a special tax not exceeding fifteen cents on the one hundred dollars' valuation, upon all the taxable property in the county, according to the assessment roll for the year one thousand eight hundred and seventy-eight, and the County Treasurer shall set apart the moneys accruing therefrom into a separate fund, to be called the "Land Purchasing and Hospital Buildings Fund," to be used for buying a farm and erecting thereon suitable buildings and conveniences for a County Hospital, and to equip the said farm with the necessary tools and implements to turn to good account the labor of such patients as may be of sufficient health and ability to work, having regard to age and sex; also to furnish the building or buildings with such furniture as may be necessary for comfort and convenience. SEC. 2. Nothing in this Act shall be construed so as to impair or in any way restrict the powers now possessed by the Board of Supervisors of San Joaquin County to care for and maintain the dependent poor and indigent sick of said county. SEC. 3. This Act shall go into effect immediately. CHAP. DLXXIX.-[See volume of Amendments to the Codes.] Fees of CHAP. DLXXX.-An Act relative to the powers and duties of the Sheriff of Alameda County, in the matter of attachments of property in said county. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. In all cases where a keeper is required, by either the plaintiff or defendant, to take charge of property seized on attachment, execution, or other process, the Sheriff shall be allowed, and be paid by the party requiring such keeper, the sum of three dollars per day as compensation for such keeper; and in case no keeper is required, then the Sheriff shall be allowed to charge, collect, and retain, to his own use, such sums of money as he shall reasonably and necessarily incur and disburse in the taking, keeping, preserving, removing, and storing any property so seized as aforesaid, and he shall not be required to release or re-deliver said property until all such expenses are refunded. The Sher- Mileage. iff shall also be allowed to retain to his own use one-half of the mileage provided for in his fee bill, to cover in part the necessary traveling expenses of himself and his deputies, in the discharge of their official duties; provided, no mileage shall be charged or collected by the Sheriff or his deputies for services performed by them for the County of Alameda. SEC. 2. This Act shall take effect immediately. CHAP. DLXXXI.-An Act to authorize the Board of Supervisors of the City and County of San Francisco to open Valencia Street, in said city and county, from a point about four hundred feet north of Mission Street to the northwesterly line of Mission Street, and to condemn property for the roadway of said street. [Approved April 1, 1878.] The People of the State of California, represented in Senate and opening authorized. SECTION 1. The Board of Supervisors of the City and ContinuaCounty of San Francisco are hereby authorized and required tion and to cause Valencia Street, in said city and county, to be con- of street tinued, opened, and made and declared a public highway, from a point on said Valencia Street where the same turns westerly, said point being about four hundred feet north of the northwesterly line of Mission Street; thence south (and on a right line with Valencia Street north of said point, and of the same width thereof) to said Mission Street, as shown upon the diagram of said Valencia Street, hereto annexed; and wherever the line of said street, as herein projected, Condemnacrosses or passes over land or improvements, the private property of any person or persons, which has not heretofore been dedicated to the public as a part of said street, and any portion of said land is necessary to be included within the limits of said street, it shall be the duty of said Board of Supervisors to proceed as hereinafter described for the condemnation of said land or improvements so included within the limits of said street. tion of land. cause Attor ney to file SEC. 2. The said Board of Supervisors shall, within forty Board to days after this Act takes effect and goes into force, cause the City and County Attorney of said city and county to file in petition. the office of the Clerk of the County Court of said city and county a petition on behalf of said city and county, setting forth the description by metes and bounds, or by some accu Who shall be defendants. Hearing of petition. Notification of owner of petition. rate designation, of the tract or tracts of land or improvements which it may be necessary to have condemned for the purpose of opening of said street, together with the names of the persons in possession of said tract or tracts of land or improvements, and of those claiming any right, title, or interest therein, as far as the same can be ascertained by reasonable diligence. SEC. 3. The persons in occupation of said tract or tracts of land, or improvements, and those having any right, title, or interest therein, whether named in the petition or not, shall be defendants thereto, and may appear and be heard before the Commissioners herein provided for, and in the proceedings herein provided for, and in the proceedings subsequent thereto, in the same manner as if they had appeared and answered said petition. SEC. 4. The said Court, or the Judge thereof, whether in term time or vacation, shall, by order, appoint the time for hearing of said petition, and such hearing may be had, and all orders in said proceedings may be made by said Court, or the Judge thereof, either in term time or vacation. SEC. 5. The said Board of Supervisors shall cause all the pendence of Occupants and owners of said tract or tracts of land, or improvements, so far as the same can be ascertained by reasonable diligence, who reside in said city and county, to be notified of the pendence of said petition at least ten days before the hearing thereof, and if any of said occupants or owners are unknown, or do not reside in said city and county, and have not been notified of pendence of said petition, said Board of Supervisors shall cause a notice, stating the filing of said petition, the object thereof, the tracts of land and improvements sought to be appropriated, and the time and place of the hearing of the said petition, to be published for two successive weeks previous to the time of hearing of said petition, in a newspaper published in the said city and county. Commissioners of Appraisal ment. SEC. 6. The defendants of said petition may appear on or before the time of hearing thereof, or at such other times and Assess as the hearing may be continued to, and upon satisfactory proof being made that the defendants have been duly notified of the pending of said petition, as herein provided, and upon the hearing of the allegation and proof of said parties, if the County Court, or the Judge thereof, shall be satisfied that the said lands, or any part thereof, are necessary and proper for the opening of said street, then such Court or Judge shall appoint three disinterested persons as Commissioners of Appraisal and Assessment, to ascertain and award the compensation to be paid to the person or persons having or holding any right, title, or interest in or to each of said. tracts of land or improvement, for and in consideration of the appropriation of said land to the use of the public as a public highway, and to apportion and to assess the whole amount of compensation, together with the costs and charges and expenses of these proceedings, including the Commissioners' fees and expenses, to be fixed, taxed, and allowed by the said Court or Judge upon all the lots of land within the territory affected by the opening of said street, and hereafter designated, as near as may be, in proportion to the benefit which each of said lots shall be deemed to acquire by the opening of said street; both said award and said assessments to be made in United States gold coin; provided, the total Proviso. assessment shall not exceed sixteen thousand (16,000) dollars; and provided further, that not more than one thousand dollars, in all, shall be paid under this Act as, or as for, cost and charges of the proceedings, Commissioners' or attorneys' fees, clerk hire, and all the expenses thereof, exclusive of compensation for land taken; and provided further, that no claim against the City and County of San Francisco shall ever arise out of this Act, or by reason thereof, or in any manner whatsoever as the result of the same. If any vacancy occur among said Commissioners, by reason of one or more of them refusing or neglecting to act, or by any other means, one or more Commissioners may be appointed by said Court or Judge to fill such vacancy. sioners. SEC. 7. The said Court or Judge shall appoint the time Meeting and place for the first meeting of said Commissioners, and of Commisthe time for filing their report or reports, and may give such further time as may be necessary for the purpose, if they shall not then have complied with their duties. The said Commissioners, or a majority of them, shall meet at the time and place as ordered, and before entering on their duties shall be duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them, and any one of them may issue subpoenas for witnesses, and may administer oaths, and said Commissioners may adjourn from place to place, and from time to time, as may be necessary for the proper discharge of their duties. Commis SEC. 8. The said Commissioners shall proceed to view Powers and the tract or tracts of land, or improvements described in duties of the petition, and shall hear the allegations and proofs of sioners. said parties, and ascertain and award the compensation, in United States gold coin, for the land and improvements sought to be appropriated, to be paid, as is hereinafter provided, to the person or persons having or holding any right, title, or interest in or to each of said tracts of land or improvements; and in ascertaining and awarding such compensation they shall only take into consideration the actual cash value of that part of said land or improvement within the limits of said street at the time of said inquiry, and independent of any value that may be deemed to accrue to the same by means of the opening of said street or the adoption of any measures looking to the opening and grading of the same, and shall apportion and assess the whole amount of such compensation, together with the cash charges and expenses of these proceedings, including the Commissioners' fees and expenses, to be fixed and taxed and allowed by said Court or Judge, upon all the lots of land within the territory affected by the opening of said street, and hereinafter designated, as near as may be, in proportion to the benefit which each of said lots shall be deemed to acquire by the opening of said street, both said award and assessments to be made in United States |