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needed for the purposes of said district, and a majority of the taxpayers of such road district shall present to the Board of Supervisors of said county a petition, asking that such surplus be transferred to the school district having the same boundaries as said road district, said Board of Supervisors shall thereupon order the County Treasurer to transfer such surplus to the credit of such school district, and, upon the receipt of a copy of such order, the County Treasurer shall make the transfer required, and the County Superintendent of Public Schools of said county shall, upon the receipt of a copy of said order, place to the credit of the said school district the funds so ordered transferred.

SEC. 2. This Act shall take effect and be in force from and after its passage.

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

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CHAP. DCLXII.-An Act to provide for the election of Supervisors in the County of Mendocino.

[Approved April 1, 1878.]

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

defined.

SECTION. 1. The County of Mendocino shall consist of supervisor five Supervisor Districts, composed as follows: The Town- districts ships of Anderson and Sanel shall constitute the First Supervisor District; the Townships of Ukiah and Calpella shall constitute the Second Supervisor District; the Townships of Little Lake and Round Valley shall constitute the Third Supervisor District; the Townships of Ten-mile River and Big River shall constitute the Fourth Supervisor District; the Township of Arena shall constitute the Fifth Supervisor District.

SEC. 2. The Board of Supervisors shall consist of five Board to conmembers, one of whom shall be chosen from each of the sist of what. Supervisor Districts in said county. Each Supervisor shall be a resident and elector of the district for which he is chosen, and all Supervisors of said county shall be chosen by the electors of the whole county. They shall each hold office for a term of two years, and until their successors are elected and qualified.

SEC. 3. Each member of the Board of Supervisors shall Salary. receive a salary of three hundred dollars per annum, to be paid quarterly, in the months of February, May, August, and November, of each year; and each Supervisor shall also receive the same mileage as is now allowed by law.

SEC. 4. Within twenty days after the passage and approval

Appoint

ment of Su

pervisors.

Election of

of this Act, the County Judge of Mendocino County shall appoint one Supervisor from the first district, and one Supervisor from the fifth district, who shall hold office until their successors are elected and qualified.

SEC. 5. At the Congressional election, next after the pasSupervisors, sage and approval of this Act, and every two years thereafter, there shall be elected two Supervisors, to wit: One from the first district, and one from the fifth district. At the general election for State and county officers, to be held in the year eighteen hundred and seventy-nine, and every two years thereafter, there shall be elected three Supervisors, to wit: One from the second district, one from the third district, and one from the fourth district.

Chairman.

SEC. 6. At the first regular meeting of the Board, next succeeding each election, a Chairman of the Board shall be elected, who shall hold office for one year, or until his successor is elected. At the election for Chairman all the members of the Board shall be entitled to vote, but the Chairman shall be selected from among those members of the Board whose terms of office are nearest expiration; provided, that an election for Chairman may be held at the first regular meeting after the County Judge has appointed the two Supervisors as provided for in section four of this Act.

SEC. 7. All Acts or parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

SEC. 8. This Act shall take effect and be in force from and after its passage and approval.

Duty of
Treasurer.

What shall be paid into fund.

CHAP. DCLXIII.-An Act to amend an Act entitled an Act to provide for funding the indebtedness of the County of Mendocino, approved April nineteenth, eighteen hundred and sixty-two.

[Approved April 1, 1878.]

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

SECTION 1. Section thirteen of the above named Act is hereby amended so as to read as follows: Section thirteen. It shall be the duty of said Treasurer to set apart a fund to be called the "Sinking Fund" of the County of Mendocino." Into this fund shall be paid

First-Any and all surplus of the Interest Fund as afore

said.

Second-Whatever surplus may remain in the treasury of the said County of Mendocino on the first day of January, one thousand eight hundred and sixty-three, and on the first day of January every year thereafter, after paying the ordinary yearly expenses of the county, each of said payments to be continued until said Sinking Fund shall be sufficient for the payment of the principal and interest of the bonds aforesaid, and the same shall be paid and liqui

dated, the payment shall cease, and all surplus remaining in said Sinking Fund shall be paid into the common treasury of the county. Whenever, at any time, there shall be in the Sinking Fund a sum of money amounting to five hundred dollars, or upwards, the County Treasurer shall advertise in a public newspaper published in said county, for the space of two weeks, for sealed proposals for the redemption of said bonds. After the expiration of the time of publication, the Treasurer shall open the sealed proposals, in presence of the County Auditor, and shall pay and liquidate said bonds presented, at the lowest value at which they may be proposed to be liquidated; provided, the same shall not be more than their par value; provided, whenever there may be sufficient in the Sinking Fund for the extinguishment of the debt of said county, it shall be the duty of the said Treasurer to advertise in some newspaper published in the county, for the space of four weeks, for the redemption of the outstanding bonds of said county, as herein before provided, after which time the said bonds cease to bear interest. (All funds of the Sinking Fund, hereafter divided or proportioned among the several bonds, shall be applied to the payment of said bonds in the order in which they are numbered, commencing with the lowest number.)

SEC. 2. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed, so far as they conflict.

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

CHAP. DCLXIV.-An Act to fix the salary of the Clerk of the Mayor of the City and County of San Francisco, and to provide for the payment thereof.

[Approved April 1, 1878.]

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

Clerk.

SECTION 1. The salary of the Mayor's Clerk of the City Salary of and County of San Francisco shall, from and after the passage of this Act, be fixed at two hundred and fifty dollars per month, in lieu of all other compensation, and shall be paid in the same manner that other official salaries are paid in said city and county.

SEC. 2. This Act shall take effect and be in force from and after its passage.

Persons applying for location,

to file peti

tion.

CHAP. DCLXV.-An Act to provide for the establishment and maintenance of public roads in Napa County.

[Approved April 1, 1878.]

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

SECTION 1. Any person or persons proposing to apply for the location, alteration, or vacation of any road or highway, etc., of road shall file a petition with the Clerk of the Board of Supervisors, which petition shall set forth specifically the place of beginning, the intermediate points, if any, a general description of the proposed route, the termination of said road, or the particular portion of said road to be altered, or vacated, and shall ask for the appointment of Viewers to survey said proposed road, alteration, or vacation, and the final confirmation and establishment thereof. Such petition shall be signed by at least ten persons, who shall be taxpayers upon real or personal property, and residents of the district or districts in which such proposed road, alteration, or vacation is located.

Petitioners

to give notice.

Petitioners

SEC. 2. Some one of the parties, so petitioning, shall give notice to all persons owning or claiming land of the proposed location, alteration, or vacation, other than the petitioners, which said notice shall be made by personally serving the said parties so affected by the proposed location, alteration, or vacation, their agents, attorneys, guardians, or tenants in possession, at least ten days prior to the hearing, and in case such owner or claimants are non-residents, a copy of such petition shall be deposited in the post-office, directed to such owner or owners, claimant or claimants, if their residence be known, otherwise to their last known residence. Upon the hearing of said petition, by the Board of Supervisors, proof shall be made, by affidavit, that the notices hereinbefore provided have been given.

SEC. 3. Upon the filing of the petition aforesaid, the petito give bond. tioners, or some of them, shall enter into a bond, with sufficient sureties, in the sum of one hundred dollars, said bond to be approved by the County Judge, conditioned that the persons making such application will pay into the county treasury the amount of all costs or expenses in consequence of such application, for the use of the district or districts through which said proposed location, alteration, or vacation is petitioned for, in case the prayer of the petitioners should not be granted; and should such applicants fail to pay such costs or expenses within three months after such liability shall have occurred, then the Board of Supervisors shall cause said bond to be delivered to the District Attorney, whose duty it shall be to proceed forthwith to collect all sums due by the makers of the bond, according to law.

Applicants

to

petition in

SEC. 4. Any person or persons owning or claiming lands for damages through or upon which it is proposed to locate and establish a public road or highway, and desiring to apply for damages in consequence of such location, shall make application by petition, in writing, to the Board of Supervisors, on the day

writing.

on which the application for such location shall be made, wherein they shall set forth the particular road referred to, the amount and character of the land affected thereby, and any other circumstances having relation to the subject of damages upon such land, which said petition shall specify the amount and nature of the damages, and shall be verified by the person or persons claiming the same, their agents or attorneys. All persons who fail to make application for damages at the time and in the manner specified in this section, shall be considered as waiving all rights to damages, and as dedicating the lands affected by the proposed location or alteration to the public use as a highway, and their failure so to do shall forever be a bar to any action for damages in any of the Courts of this State.

SEC. 5. Upon the filing of the petition, the bond, and the Road Viewaffidavit of service of notice, as herein before provided, the ers. Board of Supervisors shall appoint, as Road Viewers, three disinterested citizens, two of whom shall be residents of the district in which said proposed road is to be located, and one of whom shall be a practical surveyor, and shall place in the hands of such Road Viewers the petition for the road which they are to view, together with all applications for damages in the premises, and after taking an oath to perform, faithfully, the duties devolving upon them by law as such Road Viewers, they shall proceed to view the proposed location, alteration, or vacation, and shall decide whether such proposed location, alteration, or vacation is required for public convenience, and they shall take into consideration private as well as public interests, and the advantages the proposed location, alteration, or vacation will be to the party or parties claiming damages. If, in the opinion of the Road Viewers, the prayer of the petitioners is reasonable, and the location, alteration, or vacation is necessary to the public convenience, they may take to their assistance two chainmen and a marker, who shall be sworn by one of the Road Viewers, who are each hereby authorized to administer all oaths required by this Act, and shall proceed to survey said proposed location or alteration, and shall distinctly mark the commencement, the courses, distances, and termination of said route, and the surveyor shall make a plat and field notes of said survey, which shall be filed as a part of the report of said Road Viewers. Within the time fixed by Report of the Board of Supervisors, they shall file with the Clerk of proceedings; said Board a report of their proceedings in the premises, in what. which they shall set forth:

First-Who of them were present.

Second-That they were sworn.

Third-Whether such location, alteration, or vacation ist

or is not advisable.

Fourth-A plat and field notes of the survey.

Fifth-The expenses of the view and survey.

Sirth-The amount of damages (if any) sustained, sepa

rately, by each applicant for damages.

Seventh-The width of the road, which shall not exceed

sixty-six feet.

shall contain

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