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Redemption of bonds.
until all of said bonds are paid, they shall, in addition to said tax for said interest, levy a further tax, which, after allowing for delinquencies, etc., will provide each year a sum equal to one-fifth of the principal sum of the whole of the bonds issued under this Act, which said taxes shali be levied and collected in the manner provided by the general revenue laws of the State for levying and collecting of other county taxes, and when so collected the same shall be set apart by the County Treasurer in a fund to be known as the "Court-house and Jail Bond Fund."
SEC. 4. Section fourteen of said Act is hereby amended to read as follows: Section fourteen. Whenever, in any year, after January first, one thousand eight hundred and ninetyeight, there shall in in said "Court-house and Jail Bond Fund" a surplus of one thousand dollars or more, in addition to a sum sufficient to pay the interest due the following July and January, the Treasurer of said county shall publish a notice, once a week for four successive weeks, in some newspaper published in the county, and also in one newspaper published in the City and County of San Francisco, which notice shall state that he is prepared to redeem, on a day to be stated therein, bonds to the amount of said surplus in his hands, and that until such day, at twelve o'clock M., he will receive at his office sealed proposals for the surrender of bonds issued under this Act; on said day and at said hour he shall, in the presence of the County Clerk and others there present, proceed, and open said bids, and shall redeem such bonds as may be offered at the lowest bid, but no bid above par and accrued interest shall be accepted. If no bid be put in at par or less, or if a sufficient amount of the bonds be not offered to absorb the said surplus in hand, then bonds to the amount of said surplus still on hand shall become due and payable in the order in which they were numbered, commencing at the number one; and said Treasurer shall give notice, in like manner as above provided, that such bonds, giving dates, numbers, and amount, have become due, and will be paid on presentation, and the [interest] thereon shall cease from and after sixty days from the first publication of such notice.
SEC. 5. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.
SEC. 6. This Act shall take effect and be in force from and after its passage.
CHAP. DCLXVIII.-[See volume of Amendments to the Codes.]
CHAP. DCLXIX.- An Act making appropriations for deficien
cies for the twenty-eighth and twenty-ninth fiscal years, ending June thirtieth, eighteen hundred and seventy-eight.
[Approved April 1, 1878.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The following amounts of money are hereby appropriaappropriated, out of any money in the State treasury not tiens authorotherwise appropriated, for the purposes herein named: For deficiency in appropriation for transportation of prisoners in the twenty-eighth fiscal year, fifty-one and thirty one-hundredths dollars; for deficiency in appropriation for costs and expenses of suits where the State is party in interest, in the twenty-eighth fiscal year, twelve and fifteen one-hundredths dollars; for deficiency in appropriation for payment of rewards for arrest of highway robbers, in the twenty-ninth fiscal year, three thousand dollars; for deficiency in appropriation for arresting criminals without the limits of the State, in the twenty-ninth fiscal year, three thousand dollars.
SEC. 2. This Act shall take effect from and after its passage.
CHAP. DCLXX.-An Act to provide for the drainage of certain lands in the Counties of Colusa and Yolo.
(Approved April 1, 1878.) The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION. 1. All that certain territory, situated in the Drainage Counties of Colusa and Yolo, and described as follows, to district wit: Beginning at a point in Colusa County on the right boundaries bank of the Sacramento River at its intersection with the line between townships thirteen (13) and fourteen (14) north, range one (1) east, Monte Diablo base and meridian; and running thence west to the westerly line of the Jimeno Rancho; thence northerly along the westerly line of said rancho to the northeast corner of the southeast quarter of the north west quarter of section nine (9), in township fifteen (15) north, range one (1) west; thence westerly following the line of the State segregation between the swamp and overflowed lands and the high lands, or where there is no such line following the United States segregation line between said lands, to the northwest corner of the southwest quarter of the northeast quarter of section two (2), in township fifteen (15) north, range two (2) west; thence south to the southeast corner of the northeast quarter of the northwest quarter of section eleven (11) same township; thence southerly following said segregation lines to the southwest corner of the
Governor to appoint
northwest quarter of section seventeen (17), township eleven (11) north, range two (2) east; thence east one mile; thence south one-quarter mile; thence east one and one-quarter miles; thence south one-quarter mile; thence east to the center of the main track of the California Pacific Railroad; thence northerly along the center of said track to the right bank of the Sacramento River; thence up the right bank of said river to the place of beginning, is hereby created a drainage district, to be called "The Colusa and Yolo Drainage District,” for the purpose of draining the lands of said district, by the construction of a suitable canal or canals to carry off the waters therefrom.
Sec. 2. The Governor shall appoint three competent permission. sons as Commissioners for said district, who shall hold office er bowers for four years, and until their successors are elected and
qualified, as herein provided. They shall each, immediately after their appointment, take and subscribe the official oath, and file the same in the office of the Secretary of State. Within thirty days after the passage of this Act, said Commissioners shall meet at the Town of Colusa, and organize a Board by the election of a President from their number, which Board shall be called “The Board of Commissioners of the Colusa and Yolo Drainage District,” and under that name shall have perpetual succession, may sue and be sued in all Courts and places, and in any proceedings whatsoever, shall have and use a common seal, and may acquire and hold real and personal property for the uses and purposes mentioned in this Act. Said Board shall have the management of the business of the district, and shall have power to construct, alter, and keep in repair the works mentioned in section one of this Act, and for that purpose to appoint attorneys, agents, and servants, and provide for their compensation, and generally to do and perform all acts necessary to carry out the powers hereby conferred. Said Board shall appoint a Secretary and a Treasurer, neither of whom shall be of their number, and shall keep a record of their proceedings. The office of the Board shall be in the Town of Colusa.
Sec. 3. On the first Saturday in May, in the year eighteen hundred and eighty-two, and on the first Saturday in May in every second year thereafter, an election shall be held for the purpose of electing three Commissioners for said district. The Board of Commissioners shall give notice of such election, by publication for not less than two weeks in at least one newspaper published in each of the counties hereinbefore named, which notice shall state the names of the Inspector and Judges of Election, and the first publication thereof shall be made on a day not less than twenty-one nor more than thirty days prior to the day of such election. The polling place at such election shall be at the place called Grangeville or Grimes' Landing, in Colusa County, and the polls shall be opened at the hour of eight A. M., and closed at the hour of six P. M. At such election each person owning land in said district, assessed upon the assessment lists, shall have one vote. The Board of Election shall keep a
Election to be held; how conducted.
list of the persons voting, and shall, immediately after such Board to election, transmit such list, with a certificate of the number keep list of of ballots cast for each candidate to the Board of Commissioners. On the Tuesday immediately succeeding such election the Board shall meet and canvass the votes, and the three persons receiving the highest number of votes shall be declared elected. Any person not entitled to vote at such election, who shall willfully vote or attempt to vote thereat, and any person who shall willfully vote or attempt to vote more than once at such election, or who shall willfully and fraudulently make or accept any transfer of property for the purpose of enabling him or any other person to vote thereat, is guilty of felony. The persons chosen at such election shall hold office for two years from the second Monday after their election. Any vacancy in the office of Commissioner shall be filled by an election as above provided; but the Governor shall, in such case, appoint some person to fill such vacancy until such election can be had.
Sec. 4. As soon as practicable after their organization, Board to said Board shall appoint one or more competent engineers to Cubice examine, survey, plan, and locate the works mentioned in plans for section one of this Act, and to make estimates of the cost thereof. Said engineers shall, from time to time, as may be required by the Board, return to the Board field notes and maps of such surveys, and plans, specifications, and estimates for such works. No plans for such works shall be adopted, except by the unanimous vote of all the members of the Board. Upon the adoption of plans, the Board shall publish, for not less than two weeks, in at least one newspaper published in each of the counties herein before named, a notice stating that plans have been adopted, and that the Board will meet on a day to be named in the notice, not less than twenty-one nor more than thirty days from the first publication thereof, to determine whether such works shall be commenced and prosecuted. At such meeting the Board shall hear the statements of all parties interested, and may adjourn such hearing from time to time; but no works shall be commenced unless the Board, by a unanimous vote of the members thereof, shall determine to commence the same. If the Board shall determine not to commence such works, then, and in that event, no further proceedings shall be had under this Act, except as provided in the next section.
SEC. 5. In case the Board shall determine not to enter Assessment upon the construction of such works, then said Board shall to defray levy upon the lands within said district, and cause to be collected, an assessment sufficient to defray the expenses theretofore incurred, including the cost of assessing and collecting such assessment. Such assessment shall be levied, assessed, and collected in such manner as the Board may direct, and shall constitute a lien upon such lands from and after the date of such levy.
SEC. 6. If the Board shall, by a unanimous vote, deter- Board to mine upon the commencement and prosecution of such minit works, they shall thereupon appoint three competent and woners of disinterested persons, who shall not be residents or land
owners within the district, nor interested, directly or indirectly, in any lands therein, to act as Commissioners of Assessment for said district. Such appointment shall be made only by the unanimous vote of all the members of the Board, and shall not take effect until approved by the Board of Supervisors of the County of Colusa. Said Commissioners of Assessment shall each take and subscribe the official
oath, and file the same in the office of the Secretary of Commission-State. They shall then proceed to view the lands within
the district, and ascertain and determine which of such lands will be benefited by the construction of such works, and shall ascertain and determine the value of the benefits to accrue thereby to each parcel of real estate so benefited. They shall make a separate list of lands for each of said counties, embracing in each list all of such lands to be benefited as may be embraced within the boundaries of such county. Said lists shall contain a description, sufficient for identification, of each parcel of real estate to be benefited, the name of the owner thereof, if known, otherwise the words "unknown owners," and the value of the benefits to accrue thereto. A description of such real estate by Federal subdivisions, boundaries, metes and bounds, numbers of swamp land surveys, numbers of lots, blocks, and fractions, or other intelligible description, shall be deemed sufficient for identification within the meaning of this Act. Upon the completion of said lists, said Commissioners of Assessment shall publish in at least one newspaper published in each of the counties herein before named, for not less than two weeks, a notice stating that said lists have been prepared, and that the said Commissioners of Assessment will sit for at least three days at the county seat of each of said counties, for the purpose of hearing and determining any objecions that may be made to such assessment. The times at which such sittings will be had shall be stated in the notice, the first of such sittings to be not less than twenty-one nor
more than thirty days from the first publication of the Objections to notice. During such sittings any person interested may assessment. appear in person, or by his agent or attorney, and state his
objections to the assessment, or to any part thereof. The Commissioners of Assessment may examine witnesses concerning such matters, and for that purpose they may issue subpænas, and either Commissioner of Assessment may administer oaths; and upon such hearing any assessment found to be erroneous shall be corrected. When said lists are finally corrected, the Commissioners of Assessment shall certify the same, and file them in the office of the Board of Commissioners of the district, and shall also transmit certified copies of each list to the Auditors of the 'respective counties for which said lists are made. They shall also appeal to each list and certified copy thereof a certificate, showing the total area, in acres, of the lands to be benefited in said district, as determined by them in such assessment. The Board of Commisssoners shall fill any vacancy occurring in the office of Commissioner of Assessment, in the manner in which the original appointment is made, and it shall