Power and duty of Trustees. one offense shall exceed one hundred days; an alternate judgment may be rendered imposing a fine, and on failure to pay the same imprisoning the person one day for each dollar of such fine. Such imprisonment shall be in the City Prison. In proceedings for the breach, violation of, or noncompliance with any city ordinance, Justices of the Peace, Constables, police officers, and the Marshal may receive the same fees as are allowed for similar services in cases of misdemeanor prosecuted under the statute; and all fines and penalties imposed and collected in proceedings for the breach of, violation of, or non-compliance with a city ordinance, shall be applied to the payment of the costs of the proceedings, including the sum of ten dollars which the City Attorney shall receive as his fee, and the remainder, if any, shall be paid into the city treasury. Twenty-second-To build, alter, improve, keep in repair, and control the water front; to build, alter, improve, keep in repair wharves, and to fix the rates of wharfage and transit levee dues upon vessels and commodities, and to provide for the collection thereof; to provide for the regulation of berth, landing, stationing, and removing of steamboats, sail vessels, rafts, and all other water-crafts, and fix the rate of speed at which steamboats may run along the water front of the city. Twenty-third- And in addition to the powers herein expressly granted, the Board of Trustees shall have power to pass such other by-laws and ordinances for the regulation and police of the city as they may, from time to time, deem necessary. Twenty-fourth-And to provide for the opening and closing of the drawer and repairs of Third Street bridge. Twenty-fifth-No contract shall be made with a Chinese or other Mongolian to perform any work upon the public streets, highways, parks, or elsewhere in the City of Napa, when such work is under the direction of the Board of Trustees and the expense thereof is payable out of any fund of said city, or any fund assessed and collected upon the property fronting on any street, highway, or alley, for purposes of improvement thereof; nor shall any Mongolian be employed in any capacity by said Board of Trustees. In all contracts for the construction or repairs of any street, highway, park, or other improvement, it shall be stipulated that the contractor shall not employ or make use of Mongolian labor for any purpose in the performance of such contract, and that the violation of such stipulation shall forfeit all right or claim against the city for compensation under such contract. It shall not be lawful for the Board to pay any money for a Mongolian employed by them, or for the compensation of any contractor who shall violate the said stipulation in his contract; nor shall the City Treasurer pay any money for such purpose. Any taxpayer of the City of Napa may maintain an action in his own name to enjoin an allowance by the Board, or payment by the Treasurer, of any such illegal claim. Nothing in this twenty-fifth subdivision of section eleven of this Act shall be held to exempt any Chinese or other Mongolian, under sentence of imprisonment, from working on the public streets, highways, parks, or elsewhere in the City of Napa, by order of the Board of Trustees. SEC. 5. Section twelve of said Act is hereby amended so as to read as follows: Section twelve. The Board of Trustees shall prescribe, by ordinance, the duties of Marshal, Assessor, Treasurer, Surveyor, and Superintendent of Streets; provided, that the Treasurer, as Collector, shall collect all taxes which shall be levied by the Board of Trustees and which shall be paid without suit. ment of SEC. 6. Section eighteen of said Act is hereby amended Payment of so as to read as follows: Section eighteen. The City of improveNapa shall not pay for establishing the grade, grading, work- streets. ing, improving, or repairing streets, avenues, or alleys, laying down or constructing sewers therein, or sidewalks or crosswalks thereon; but all such expenses shall be assessed upon the property fronting on such streets, avenues, and alleys as hereinafter provided, except as hereinafter also provided, and except also that when any street, avenue, or alley, or portion thereof not less than one block in extent, has or shall hereafter be graded and paved or macadamized, and have paved gutters, and plank, stone, or other suitable sidewalks laid down along, and suitable crosswalks on the same, at the expense of the property, or owners of the property, fronting on such street, avenue, or alley, or portion thereof, and to the satisfaction and acceptance of the Board of Trustees, the same may thenceforth be kept in repair at the expense of the city; provided, that this section shall not be construed as relieving the property, or the owner thereof, from the expense of constructing a sewer in any such street, avenue, or alley, when ordered by the Board of Trustees. improve out petition. SEC. 7. Section thirty of said Act is hereby amended so Board may as to read as follows: Section thirty. The Board of Trust- provide for ees may, at any time, without petition, by an order entered ments within the journal of their proceedings, provide for grading, filling, planking, paving, macadamizing, or graveling streets, avenues, alleys, or portions thereof, constructing sidewalks along or sewers therein, or otherwise improving or repairing the same, and shall proceed in letting contracts, and in assessing the expense of such work upon the property chargeable therewith, and enforcing the same, in the same manner as in cases of assessments made upon petition; provided, that when the Board of Trustees shall make an order for the construction of a sewer in any street or avenue, whether upon petition or otherwise, said Board shall proceed in assessing the expense of such work upon the property fronting on such street or avenue, or portion thereof thus ordered to be improved, to an amount not exceeding fifty cents per running or lineal foot of the frontage of property fronting on such street or avenue, and in enforcing the said assessment in the same manner as in cases of assessments made upon petition, and the cost of such sewer, in excess of fifty cents per lineal foot of the frontage of property on said street or avenue, shall be paid out of the Sewer Proviso. Sewer Fund. Fund; and the Board of Trustees are empowered to levy and collect, annually, a tax on all property in the city, not exceeding fifty cents on each one hundred dollars of the assessment valuation thereof, and to prescribe the manner of making such assessment, and of collecting such tax, which tax, when collected, shall constitute the Sewer Fund, or such excess may be paid out of the General Fund in the city treasury, at the discretion of the Board of Trustees; and provided further, that in cases in which such work shall be estimated by said Board of Trustees to involve an expense of more than fifty dollars, and not otherwise, the said Board of Trustees shall first give notice of its intention to make such improvement, which notice shall be published at least ten days in some newspaper published in said city; and provided further, that when the Board of Trustees give notice of intention to order any street, avenue, or alley, or portion thereof, graded, filled, planked, paved, macadamized, or graveled, or any sidewalk constructed, involving an estimated expenditure exceeding fifty dollars, and at least two-thirds of the owners in frontage of lots and lands fronting on such street, avenue, or alley, shall remonstrate, in a written protest, against the making of the proposed improvement, and shall file such remonstrance with the City Clerk within three days after the completion of the publication of such notice of intention, such proposed improvement shall not be made until after the expiration of six months, and then only after publication of like notice of intention, as aforesaid, and subject to like remonstrance; and provided still further, that the Board of Trustees of said city are authorized and empowered to refund and pay over to the owners of property fronting on Brown Street in said city, out of any money that may hereafter be in the treasury of said city, the amount of the assessment which such property owners have heretofore paid into the city treasury on account of the construction of the sewer in said Brown Street, in excess of fifty cents per lineal foot of the frontage of their property fronting on said street. Payment of claim au thorized. CHAP. DCLVI.-An Act authorizing the State Board of Examiners to allow certain claims against the State. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The State Board of Examiners are hereby authorized to allow and order paid to Denis Jordan, who built the College of Agriculture under contract with the Board of Regents of the State University, and whose contract was made upon the basis of payments in gold coin, and who was paid in scrip instead, such sum of money as the Board of Regents shall certify to be equitably due them, or equal ་ the losses on such scrip; also, for certain extra work and materials furnished for College of Agriculture, College of Letters, and building of reservoir on the grounds of the State University, but such allowance shall not exceed the sum of six thousand six hundred and seventeen dollars ($6,617 00). The Controller of State shall draw a warrant on the General Fund, which shall be paid by the State Treasurer, for such amount as the said Board of Examiners may allow Denis Jordan under the provisions of this Act. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. DCLVII.-An Act authorizing and directing the Supervisors of San Mateo County to open, put in order, and maintain Middlefield road, from Redwood City to San Francisquito Creek; and also, to open and macadamize the bay and marsh roads, and for that purpose to appropriate, from the General Fund of said county, the sum of five thousand dollars. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Opening of San Mateo is hereby authorized, empowered, and directed to road. open, grade, and gravel Middlefield road, in said County of San Mateo, from Redwood City to San Francisquito Creek; and also, to open, macadamize, and keep in order the bay road and the marsh road in said County of San Mateo. SEC. 2. The Board of Supervisors of the County of San AppropriaMateo is hereby authorized, empowered, and directed to tion. appropriate, from the General Fund of said county, the sum of five thousand dollars, to carry out the improvements mentioned in section one of this Act. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. DCLVIII.-An Act to repeal an Act entitled "An Act to provide for constructing division fences," approved March ninth, eighteen hundred and seventy-six, so far as said Act relates to the County of San Mateo. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. An Act entitled "An Act to provide for con- Repeal. structing division fences," approved March ninth, eighteen hundred and seventy-six, is hereby repealed so far as said Act applies to the County of San Mateo. SEC. 2. This Act shall take effect and be in force from and after its passage and approval. Unlawful. Duty of Constables. Same. Misdemeanor. CHAP. DCLIX.-An Act to prevent hogs and goats running at large in the Town of Plymouth, Amador County. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. It shall be unlawful for hogs and goats to run at large in the Town of Plymouth, Amador County. SEC. 2. It shall be the duty of the Constables of Township Number Six, Amador County, to take up all hogs and goats found running at large within the limits of the town site of the Town of Plymouth. SEC. 3. The Constables shall proceed to sell all such animals taken up under the provisions of this Act, by giving at least five days' public notice of such sale, by posting notices in three public places within the town site where such animals are so taken up; and all moneys arising from such sale shall, after the expenses of taking up, keeping, and selling are paid, be paid by the Constable to the owner or owners of the animal or animals, upon demand, if demanded within thirty days from date of sale, otherwise it shall, at the expiration of thirty days, be paid into the county treasury of Amador County, and be placed to the credit of Plymouth School District, and become a part of the fund of said district. SEC. 4. Any Constable purposely refusing or neglecting to take up all hogs or goats running at large within the limits of the town site of Plymouth shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars and not more than twenty-five dollars. SEC. 5. Nothing in this Act shall be construed to prevent persons from driving such animals through any public streets or thoroughfares of said town. SEC. 6. This Act shall take effect and be in force from and after its passage. Transfer of surplus money. CHAP. DCLX.-An Act to authorize the transfer of certain funds in the County of Sutter. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. Whenever there are any funds to the credit of any road district, in the County of Sutter, which are not |
