gold coin; and the said Commissioners shall, on or before the time or times as ordered by said Court or Judge, file in the said Clerk's office their report, signed by them, setting forth their proceedings in the premises, and showing the amount awarded as compensation to every person having or holding any right, title, or interest in or to said tract or tracts of land and improvements so appropriated, the total amount of such compensation, together with the cash charges and expenses of the proceedings, including the fees and expenses of the Commissioners, the lots of land assessed for benefits, and the amount assessed upon each of said lots, Compensa respectively. In case there are adverse or conflicting claims tion pact to the compensation allowed for any tract or tracts of land or improvements, or any right, title, or interest therein, thus sought to be appropriated, the amount of such compensation may be paid to the Clerk of said Court, and be retained by him until, by the decree of some Court of competent jurisdiction, the right of such conflicting claimants shall have been adjudicated and determined in an action brought by some of said claimants for that purpose. Upon the entry of a final decree of Court in such action, the said Clerk shall pay over the said amounts to the party or parties entitled thereto, and in the proportion as stated and determined in and by said decree.

Clerk in case of conflicting claims.

Setting aside report in

SEC. 9. Any person or persons dissatisfied with the report case of dis- may, within twenty days after the filing of said report, move satisfaction. to set aside the same, or such portion thereof as they or he may be dissatisfied with; and if good cause therefor be shown to the said Court or Judge he shall set aside the said report, in whole or in part, and may recommit said report, or that portion thereof so set aside, to the same or other Commissioners, who shall be ordered to proceed in like manner as those first appointed. All of said report not expressly set aside shall be and remain effectual and valid.

Confirma. tion of report.

Judgment to

in favor of city when.

SEC. 10. Upon the expiration of twenty days from the filing of said report or reports, or at such further time as may be appointed therefor, if no such motion shall have been made, and if the proceedings of said Commissioners appear to have been correct and properly done, the said Court or Judge shall confirm the said report and certify such confirmation thereon.

SEC. 11. Upon the final confirmation of said report by be entered said Court or Judge, the County Court shall enter judg ment in favor of the City and County of San Francisco, and against each lot assessed for benefits, describing said lot as set forth in the report of said Commissioners. Such judgment shall be for the amount assessed by said Commissioners upon said lot, and shall be payable only in United States gold coin. Upon each of said judgments remaining unpaid for ninety days after the entering thereof, an execution, or order of sale, may issue by order of said Court, commanding the Sheriff of said city and county to collect the amount therein mentioned by sale of the lot assessed, in the manner prescribed by law for the sale of real estate on execution, the proceeds to be paid by the Sheriff to the Treasurer of

said city and county, who shall place the same to the credit of the "Opening of Valencia Street Fund," which name shall designate the account to be made and kept in the books of the Treasurer of all moneys received and disbursed by him in connection with the proceedings of this Act. All judgments entered in said County Court, as herein provided, shall be a lien upon the lot against which it was entered until the same is paid.

SEC. 12. Any party dissatisfied may, within thirty days Appeal. after said judgment, appeal therefrom to the Supreme Court, by giving notice of his intention, to the County Clerk, to appeal, and filing an undertaking or making a deposit as now provided by law in cases of appeal from judgment.

collect fees for execu

SEC. 13. The Sheriff shall collect fees for the execution, Sheriff to in case execution issues, as in other cases, but each party may pay to the Treasurer the amount of the judgment against tion when. him, and the Treasurer's receipt being produced to the County Court, before the issuance of the order of sale, satisfaction of judgment shall be entered by the Clerk. The Clerk shall not charge any fees for the proceeding unless execution issues, in which case he shall be authorized to charge five dollars for each execution, to be collected by the Sheriff on execution.

tion.

SEC. 14. After the final confirmation of the report of said Payment of Commissioners, the said Court or Judge shall make an Compensaorder directing the Treasurer of the City and County of San Francisco to pay to the persons named in said report, as entitled to compensation, either for land or improvements taken, or for fees as Commissioners, or for any service or disbursement in connection with these proceedings, or to the Clerk of said Court, in case there be conflicting claims thereto, as herein before provided, for the amount of said compensation, out of the moneys received by him under and by virtue of the assessments or judgments herein provided for and directed to be made; and upon payments of the amounts awarded, the real estate, and the right, title, and interest therein, described in said report, shall be and become the property of said city and county, and shall be deemed to be acquired for and appropriated to public use as a highway or street of the said city and county.

affected

defined.

SEC. 15. The district to be affected and deemed benefited District by the opening and continuance of said street, and the condemnation of said land, as herein provided for, is herein defined as that lying within and upon the easterly and westerly lines of Valencia Street, from its intersection with the southwesterly line of Market Street to the northwesterly line of Mission Street, and to the distance of seventy-five feet in depth on each side of said Valencia Street; provided, that no lots which do not front on Valencia Street shall be considered as benefited by the opening of said Valencia Street as aforesaid.

to receive

SEC. 16. The Treasurer of said city and county is hereby Treasurer authorized to receive and receipt for the amounts of each authorized and all of the assessments and benefits and judgments herein assessments, provided for, and upon the presentation of such receipt to

etc.

assessment

the Clerk of said Court, said Clerk is hereby authorized and directed to enter satisfaction of record of such assessment or judgment.

Payment of SEC. 17. In case any person or persons, corporation or by persons corporations, owning land that may be assessed under this owning land Act, shall also own any tract or tracts of land which may be

taken for

street.

taken for or occupied by said street, when opened, such person or persons, corporation or corporations, shall only be required to pay the Treasurer the difference, if any, between the amount of the assessment and the amount of the compensation awarded; and in case the compensation awarded exceed the amount of the assessment, such person or persons, corporation or corporations, shall be entitled, upon presentation to the said Treasurer of a certificate, signed by the said Commissioners, showing such fact, to a receipt for the amount of such assessment, and the amount thereof shall be deducted from the compensation so awarded him. And it shall be the duty of the Commissioners, appointed under this Act, to certificates; furnish each of such person or persons, corporation or corporations, with a certificate signed by them:

Commis

sioners to furnish

showing

what.

First-The amount of compensation awarded such person or persons, corporation or corporations, for land or improvements taken and occupied by said street; and

Second-The amount assessed against land belonging to such person or persons, corporation or corporations, to pay for opening of said street.

SEC. 18. This Act shall take effect and be in force from and after its passage.

Commission
appointed to
examine
certain
grant, etc.

CHAP. DLXXXII.-An Act to create a Commission to examine and report the condition of certain funds.

[Approved April 1, 1878.]

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

SECTION 1. The Controller of State, the Surveyor-General, the Attorney-General, and State Treasurer, are hereby appointed a Commission, for the purpose of examining and reporting to the next Legislature the condition and disposition of the Congressional seminary land grant of seventytwo sections, and interest arising therefrom; the Congressional public building land grant of ten sections, and interest arising therefrom; the transfer of certain bonds, in accordance with an Act entitled "An Act requiring the Controller of State to transfer certain funds," as provided for in Section 1 of said Act, approved March 26th, 1868; the condition and amounts of money received from the sale of tide lands, and invested under an Act entitled "An Act for the endowment of the University of California," approved April 2d, 1870; the amount of money paid to the Regents of the University of California, in conformity with an Act entitled "An Act

to provide for the support of the University of California," and the several dates of payment thereof, approved April 1st, 1872.

to examine

SEC. 2. As soon as practicable after the passage of this Commission Act, the persons named in section one of this Act shall pro- certain ceed to examine the books of the State Controller, the Sur- books. veyor-General, the State Treasurer, and the various Acts concerning the State University, for the purpose of determining the condition and disposition of the various funds mentioned in section one of this Act.

to report to

SEC. 3. It shall be the duty of the said Commission to Commission report the results of their examinations, as provided in sec- Legislature. tions one and two of this Act, to the next Legislature of this State.

CHAP. DLXXXIII.-An Act for the improvement and preservation of the Yosemite Valley and the Mariposa Big Tree Grove.

[Approved April 1, 1878.]

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

ized.

SECTION 1. The sum of ten thousand (10,000) dollars is Appropriahereby appropriated out of any moneys in the State treasury tion authornot otherwise appropriated, to be used for the following purposes, to wit: For the construction of bridges in the Yosemite Valley, the sum of six thousand (6,000) dollars; for the construction of a wagon road through and around the Mariposa Big Tree Grove, the sum of one thousand (1,000) dollars; for the preservation and improvement of the Yosemite Valley, the sum of two thousand two hundred and twenty-three (2,223) dollars; for the payment of the claim of A. Lancey and W. C. Holmes, the sum of seven hundred and seventy-seven (777) dollars.

SEC. 2. The Controller of State is hereby authorized to draw his warrant for the sum of ten thousand (10,000) dollars, and the Treasurer of State is directed to pay to the Yosemite Valley Commissioners the sum of ten thousand (10,000) dollars for the use and purposes specified in section one of this Act.

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

117

Appropria

ized.

CHAP. DLXXXIV.-An Act to appropriate twenty-five thousand dollars to be used co-jointly with a like sum of twenty-five thousand dollars, donated by H. D. Bacon, for the construction of a building to be erected on the State University grounds, in Alameda County, for a library and art gallery.

[Approved April 1, 1878.]

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

SECTION 1. The sum of twenty-five thousand dollars is tion author hereby appropriated, out of any moneys in the General Fund not otherwise appropriated, to be used co-jointly with a like sum of twenty-five thousand dollars, donated by H. D. Bacon, for the construction of a building to be erected on the State University grounds, in Alameda County, for a library and art gallery.

SEC. 2. The Controller of State shall draw his warrant for said sum of twenty-five thousand dollars in favor of the Board of Regents of the University of California, and the Treasurer of the State shall pay the same.

SEC. 3. This Act shall take effect immediately.

CHAP. DLXXXV.-[See volume of Amendments to the Codes.]

Commission

ed for certain purpose.

CHAP. DLXXXVI.-An Act to authorize certain appropriations
of money by the Board of Supervisors of the City and County
of San Francisco.

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

SECTION 1. The Board of Supervisors of the City and ers appoint County of San Francisco are hereby authorized and empowered to appoint a Board of Commissioners, or a committee to ascertain and report to said Board, what, if any, sum of money is due to Alfred A. Green, for services rendered by him in the year A. D. 1856, or at any other time, in establishing the title of the Pueblo of San Francisco to the four square leagues of land confirmed to said pueblo by the Government of the United States, and for his services in causing the rejection of the Bolton or Santillan title.

Commissioners to

It shall be the duty of said Board of Commissionhold sessions ers to hold one or more sessions in the City of San Francisco, and to take such testimony as may be offered in favor of or against the claim of said Alfred A. Green, for compensation

and hear testimony.