for his said services, and to report such testimony to the Board of Supervisors, with a recommendation that said claim be disallowed, or that a specific sum be appropriated for the payment of the same. ized. SEC. 3. The said Board of Supervisors are hereby author- Appropriaized and empowered to appropriate and ordered paid out of ion authorthe General Fund, a just compensation to said Commissioners for their services, and such further sum, not exceeding twenty thousand dollars, to said Alfred A. Green, as the said Board of Commissioners may determine is justly due in full payment for his said services. SEC. 4. This Act shall take effect on and after its passage. This bill having been returned by the Governor, with his objections thereto, and after reconsideration having passed both Houses by the Constitutional majority, it has become a law this thirtieth day of March, A. D. eighteen hundred and seventyeight. JAMES A. JOHNSON, President of the Senate. C. P. BERRY, Speaker of the Assembly. CHAP. DLXXXVII.-An Act to confer further powers on the Board of Supervisors of the City and County of San Francisco, and to establish the grade of Vallejo Street, in said city and county. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The grade of Vallejo Street, from the westerly Grade line of Taylor Street to the easterly line of Jones Street, shall established. be a direct line. SEC. 2. All Acts or parts of Acts, so far as they are in conflict with this Act, are hereby repealed. CHAP. DLXXXVIII.-An Act to authorize the Board of Supervisors of the City and County of San Francisco to order Bay Street graded, and to change its grade. [Approved April 1, 1878.] The People of the State of California, represented in Senate and thorized to SECTION 1. The Board of Supervisors of the City and Board auCounty of San Francisco are hereby authorized and empow-order street ered to order graded the whole or any part of Bay Street, graded. in said city and county, from the east line of Larkin Street to east line of the Military Reservation, known as the "Presidio Reservation," without receiving any petition from any person therefor; provided, that the Board of Supervisors Grades established. shall have said grading, between the east side of Larkin Street and Fillmore Street, graded either as a whole or in subdivisions, at their discretion; and provided further, that they shall have said grading, between Fillmore Street and the east line of the Presidio Reservation, graded either as a whole or in subdivisions, at their discretion. SEC. 2. The grade of the crossing of Bay and Polk Streets is hereby fixed and established at eighty feet above base, instead of seventy feet; and the grade of the crossing of Bay Street and Van Ness Avenue is hereby fixed at seventy-five feet above base, instead of sixty-five feet; and the grade of the crossing of Bay and Gough Streets is hereby fixed and established at sixty feet above base, instead of fifty-six feet; and the grade of the crossing of Bay and Octavia Streets is hereby fixed and established at forty-five feet above base, instead of thirty feet; and the grade of the crossing of Bay and Laguna Streets is hereby fixed and established at thirty feet above base, instead of twenty-one feet. SEC. 3. All Acts and parts of Acts in conflict with the provisions of this Act, so far only as they are inconsistent herewith, are hereby repealed. SEC. 4. This Act shall take effect immediately. CHAP. DLXXXIX.-[See volume of Amendments to the CHAP. DXC.-[See volume of Amendments to the Codes.] Board authorized to acquire certain property. CHAP. DXCI.-An Act to establish and open Montgomery Street South, in the City and County of San Francisco, and take private lands therefor. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the City and County of San Francisco are hereby authorized, if in the judgment of the Board it should be expedient so to do, after first expressing such judgment by order or resolution entered upon their minutes and duly passed in the manner provided by law, to proceed to acquire all the land and premises, with the appurtenances described below, for public use for an open public street, the same to be acquired and the cost thereof provided for and paid in the mode and manner provided for in the following sections of this Act. The fol- Description lowing is a description of said land and premises, viz.: of property. Montgomery Street South, as now known and called, and as now laid out and opened from Market Street to Howard Street, in said City and County of San Francisco, and shown upon the map of the survey of said street, made by William P. Humphreys, City and County Surveyor, for the Montgomery Street Real Estate Company. street. SEC. 2. The value of the land taken on said street, and Cost of the damages to improvements thereon, or adjacent thereto, injured thereby, and all expenses whatsoever incident to the establishment of said street, shall be held to be the cost of said street, and shall be assessed upon the district hereinafter described as benefited by said street, in the manner hereinafter provided. ? assessed. SEC. 3. The district benefited by said improvement, and Description upon which the cost of making the same shall be assessed, of property is hereby designated and described as follows: The land adjoining the said street upon its northeasterly and southwesterly sides, from Market Street to Howard Street, to a uniform depth of one hundred feet. appointed. SEC. 4. În case said Board shall pass the order or resolu- Commistion provided for in section one (1), a certified copy of such sionrest order or resolution, certified by the Clerk of said Board, shall be filed in the County Court of the City and County of San Francisco, and thereupon said Court shall, within twenty days thereafter, or as soon thereafter as the same can be done, appoint three Commissioners, who, with their successors in office, shall constitute a Board of Commissioners, and be called "The Montgomery Street South Commissioners," and as such Board have all the powers and duties prescribed by this Act. Vacancies in said Board shall be filled by said Vacancies; Court, by appointment, in the same manner as the original how filled. Commissioners are appointed, within twenty days after such vacancy occurs. Before entering upon their duties said Commissioners shall each take and subscribe an oath before the County Judge of said city and county, that he will, to the best of his ability, perform all the duties required of him by this Act, and that he has no interest in any property to be taken, injured, or assessed, as therein provided, which oath shall be filed with the Clerk of the County Court of said city and county. They shall each receive a compensa- Compensation of one thousand dollars for their services. The said Board may employ a Secretary, and such attorneys, clerks, Employdraughtsmen, searchers of records, surveyors, and other ment of assistants as they may deem necessary and proper, and allow and pay them a reasonable compensation; also, shall rent and furnish a suitable office for the transaction of its business, if one cannot be furnished in the City Hall; pro- Proviso. vided, that the rent of said office shall not exceed fifty dollars per month, nor the cost of furnishing, two hundred dollars; provided, that the entire sum allowed for fees, salaries, and emoluments of all Courts, officers, Commissioners, clerks, tion. assistants. Board to ascertain assistants, attorneys, and employés of every description, as well as all other expenses of said matters hereinafter provided for in connection with the Commission, shall not exceed the sum of five thousand dollars; and provided further, that no claims or demand against the City and County of San Francisco shall ever arise under or in consequence of this Act or the proceedings under the same. Said Board shall appoint one of its members who shall act as President; also, adopt and procure an official seal, which may be used to verify their official acts. The said Board may issue certificates of indebtedness, under their official seal and the signature of the President, for preliminary and incidental expenses. Any act required to be done by said Board under this Act may be done by a majority of said Board. SEC. 5. The said Board of Commissioners shall proceed to ascertain and determine, and separately state and set of property. down in a written report, to be signed by at least a majority cash value of said Board, the description and actual cash value of the several lots and subdivisions of land and improvements included in the land taken up for the said street, and the damages done to the property along the line of said street. In ascertaining such value and damages, if said Commissioners and the owners, or other parties interested in the said land and property, can agree upon such value or damage, said Commissioners shall enter into an agreement, in writing, with such owners or parties, to that effect, and that such owners or parties agree to convey said property to said city and county, or to release such damages, upon payment of such value or damages; and the amount of such value, or the amount of damages so agreed upon, shall be set down in said report as the value of said land, or the damage sustained. In case said Board and said owners or parties cannot agree, or such owners or parties are unknown, and cannot, with reasonable diligence, be ascertained, or are under any legal disability, said Board shall so set down the fact in said Conflicting report, specifying the disability, if any. If in any case said Board shall find that conflicting claims of title or interest exist, the land or property as to which there is said conflict shall be set down as belonging to unknown owners. Contents of making said report, said Board shall severally specify and describe each lot and subdivision or piece of property taken. or injured by said street, and shall set down against each lot, subdivision, or piece of property, the names of the owners, occupants, and claimants thereof, or of persons interested therein as lessees, incumbrancers, or otherwise, and the particulars of their interest, so far as the same can be ascertained, and the amount of value or damage agreed upon for the same, respectively. The said Board shall also attach to said report suitable maps, plans, or diagrams, showing the property taken, in lots and subdivisions, with the name of the owners, lessees, and claimants, so far as known to the Board. claims. report. Report to be filed. SEC. 6. Said report, when completed, shall be filed in the said County Court, and notice of such filing be published for five (5) days in two daily newspapers published in the City and County of San Francisco. Within twenty days Objections. after the filing of such report, written objections thereto, to any matter contained therein, specifying the particular ground of such objection, may be filed in said office on the part of any owner or party interested in property to be taken or injured by the said improvement, or assessed for benefits. arising therefrom. objections. SEC. 7. At a time within forty days after the filing of said Hearing of report, or as soon thereafter as practicable, to be appointed report and by said Court, of which it shall cause due notice to be given, by publication for five days in two daily newspapers published in said city and county, said Court shall proceed to a hearing upon said report and objections, and, if it shall deem expedient, take proof as to any matter contained in said report or objections, and may confirm, modify, or reject said report, wholly or in part, or as to any matter contained therein; in which case said report shall be recommitted by said Court to said Board of Commissioners, with directions to make and file a new or amended report, in accordance with the determination of said Court upon said hearing, as to the whole or any part of said report. Said new or amended Amended report shall, accordingly, be made and submitted to said report to be Court; and if, upon examination, said Court shall find that to Court. said new or amended report conforms to the directions given as above provided, then said Court shall approve and confirm the same. But if said new or amended report shall not conform to said directions, then said Court shall again refer said report back to said Board of Commissioners, and so on until the said report shall conform to the original directions. and determination of said Court respecting the same, when the same shall by it be finally approved and confirmed. submitted consent to SEC. 8. In case, upon said hearing, the value of any prop- Filing of erty taken, or amount of damage suffered by any property reduction. set down in said report by agreement between said Board of Commissioners and the owner or owners or party interested in any such property as before provided, shall be reduced by said Court, such owner or owners, or party interested, shall have five days after notice of such reduction to file, in writing, with the Clerk of said Court, his or their consent to such valuation, or the amount of such damage as so reduced. In case such owners or parties shall not file said consent within said time, or in case such owner or parties have not been served with such notice, from any cause, they shall be deemed not to consent to such reduction, and the agreement between such Commissioners and such owner or owners, or parties, if any exist, fixing such value or amount of such damage, for the purpose of stating the same in said report, shall be deemed canceled. SEC. 9. The final confirmation of the report of said Commis- Final confirsioners by the County Court, provided by section seven (7), mation of shall be binding and conclusive upon all parties who have clusive. agreed with said Board of Commissioners upon the value of any property taken, or amount of damage done to any property taken or damaged for the purposes of said street, and set down in said report as to the value of such property or |