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and collect the same at the same time and manner as described by ordinance, the Marshal being hereby vested with the same power to make collections as is or "shall be conferred on Collectors or Sheriffs for the collection of State and county taxes; and it shall be the duty of said Marshal to collect in the same manner any tax list placed in his hands for that purpose, without any unnecessary delay, and pay all the taxes and licenses to the Town Treasurer monthly, taking his receipt for the same. He shall receive Compensaa compensation fixed by the Board of Trustees. The Town tion. Marshal is also vested with all the powers conferred by law upon Constables, and shall receive the like fees for like services, to be paid in like manner.

SEC. 24. It shall be the duty of the Town Recorder, and Duty of he is hereby authorized and required to take cognizance of Recorder. all offenses against the laws of the State and of all breaches of town ordinances, and shall have like criminal and otherwise legal jurisdiction as now or hereafter may be conferred on Justices of the Peace. He shall be entitled to receive the Fees. same fees as are allowed Justices of the Peace for like services, and all fines imposed by the Town Recorder or Justices of the Peace and collected for any breach of the peace, or violation of any town ordinance, shall be paid by the officer collecting into the town treasury for the use and benefit of the town.

SEC. 25. It shall be the duty of the Town Treasurer to Duty of receive and safely keep all moneys that shall come into the Treasurer. town treasury, and pay out the same on the order of the Board of Trustees, signed by the President and countersigned by the Clerk, and keep said orders as a receipt thereof, and to perform such other duties as the Board may require of him, and shall receive no compensation. He shall make a quarterly statement of receipts and expenditures, verified by his oath, and file the same with the Town Clerk, and at the end of his official term deliver over to his successor in office all moneys, books, papers, and other property in his possession belonging to the office.

SEC. 26. It shall be the duty of the Town Assessor, in Duty of addition to other duties required of him by the Board, Assessor. between the first Monday in May and the first Monday in August of each year, to make out a true list of all taxable property within the limits of said town, which list, certified by him, shall be placed in the hands of the Board of Trustees for equalization. The modes of making out compensasuch list shall be the same as that prescribed by law for tion. assessing State and county taxes, and shall receive for his services such sum as shall be fixed by ordinance, not to exceed three dollars for each day's labor, to be paid as other claims against the town.

SEC. 27. This Act shall take effect and be in force from and after its passage.

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Appropriation authorized.

CHAP. CXLVII.—An Act making an appropriation for deficiency in the expenses of the State Prison.

[Approved March 8, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The sum of one hundred and ten thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated for deficiency in the support of the State Prison, for the years eighteen hundred and seventy-seven and eighteen hundred and seventy-eight, up to the first day of July, eighteen hundred and seventyeight.

SEC. 2. The Controller is hereby authorized to draw his warrants in favor of the Directors of said Prison, in sums as may be called for by them, under and in pursuance of law, and the Treasurer is hereby authorized to pay the same.

SEC. 3. This Act shall take effect immediately.

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Extension of

Code.

CHAP. CXLVIII.-An Act amendatory to an Act entitled " An

Act to amend an Act entitled an Act to revise and amend an Act entitled an Act to incorporate the Town of Grass Valley," approved April fifteenth, eighteen hundred and sixty-one, approved February sixth, eighteen hundred and sixty-four, approved March twenty-fourth, eighteen hundred and sixty-six.

[Approved March 8, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section thirty-three of said Act is hereby provisions of amended so as to read as follows: Section 33. The provis

ions of the Political Code of this State providing a revenue for State and county purposes, in so far as the same are or may be applicable to the levying, assessment, and collection of all taxes and assessments on real and personal property, and of all poll and road taxes, and licenses levied and assessed by virtue of any ordinances of the Board of Trustees of the Town of Grass Valley, shall be and the same are hereby extended to all cases arising under such ordinances.

SEC. 2. Section forty of the Act approved March twentyfourth, eighteen hundred and sixty-six, entitled "An Act to amend an Act entitled an Act to revise and amend an Act entitled an Act to incorporate the Town of Grass Valley," is hereby repealed, in so far as the same affects or relates to the Town of Grass Valley.

SEC. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 4. This Act shall take effect from and after its passage.

CHAP. CXLIX.-An Act for the relief of Cook, Talcott, and

Andrew Onderdonk.

[Approved March 8, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The Board of State Harbor Commissioners Payment are authorized to adjust, audit, and pay out of the Harbor of claim. Improvement Fund, such amount as Cook, Talcott, and Andrew Onderdonk may be equitably entitled to for work done and materials furnished in the construction of the new slips at the foot of Market Street in San Francisco; prorided, the amount does not exceed the sum of five thousand seven hundred and twenty-two and fifty one-hundredths dollars ($5,722 50).

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

CHAP. CL.–An Act for the relief of Charles Dukes, J. D.

Billingsley, D. Malloch, William Kincaid, Stacy Taylor, A. M.
Abbey, and M. S. Merrill, all of the County of Tulare.

[Approved March 8, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The Board of Supervisors of the County of compensaTulare are hereby authorized, empowered, and directed to tion allowed. pay to Charles Dukes, J. D. Billingsley, D. Malloch, William Kincaid, Stacy Taylor, A. M. Abbey, such sum as they may deem reasonable for their services as jurors on the Coroner's inquest in the matter of the inquisition upon the body of Martin Pendergast; and also to M. S. Merrill, for services rendered as guide in said matter.

SEC. 2. The claim of said parties shall be paid by warrant drawn on the General Fund of said county.

SEC. 3. This Act shall take effect immediately.

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CHAP. CLI.- An Act to confer further powers on the Board of

Directors of the California Institution for the Education of the Deaf, Dumb, and the Blind.

(Approved March 9, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The Directors of the California Institution for Powers the Education of the Deaf, Dumb, and the Blind are hereby on Board.

conferred

authorized to waive any and all stipulations of forfeiture contained in the contract heretofore made between them and one W. E. Boone for the erection of certain buildings; provided, said buildings are completed to the satisfaction of said Directors, and according to contract in all respects except as to time for the completion of the same.

SEC. 2. This Act shall take effect immediately.

CHAP. CLII.-An Act for the relief of Edward C. Kirby and

John Burke.

Preamble.

[Approved March 9, 1878.] WHEREAS, Michael Dunn was charged, at the City and

County of San Francisco, with the crime of assault with intent to commit murder upon the person of one John Griffin, and gave bail in the sum of six thousand dollars, by a written undertaking, with Edward C. Kirby and John Burke as sureties, and thereafter fled the jurisdiction of the Courts of the State of California in and for the said city and county: and whereas, thereafter the said John Griffin did die, and the said Michael Dunn was thereupon indicted for the crime of murder, which said indictment was duly transferred for trial to the District Court of the Fourth Judicial District of the State of California in and for the City and County of San Francisco, in which said Court the said indictment ever since has been and now is pending; and whereas, the said Dunn did not appear for trial therein upon the said indictment, and by reason thereof his said bail was, by the said District Court, declared forfeited; and whereas, the said bail, to wit, the said sureties on said undertaking, have recaptured the said Michael Dunn and duly surrendered him to the Chief of Police and the Sheriff of said city and county, who now have him in custody ready to answer said indictment; and whereas, the said District Court, from lapse of time,

has no power to set aside said forfeiture; now, therefore, The People of the State of California, represented in Senate ana

Assembly, do enact as follows: SECTION 1. The said Edward C. Kirby and John Burke, and each of them, are hereby released and discharged from all liability as sureties on said undertaking of bail.

SEC. 2. Said sureties, and each of them, may plead such release and discharge in any action heretofore or hereafter to be brought on said undertaking as a full and complete defense thereto.

SEC. 3. This Act shall take effect immediately.

Release from liability.

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CHAP. CLIII.-An Act to regulate the use of artesian wells, and to prevent the waste of subterranean waters in this State.

[Approved March 9, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Any artesian well which is not capped, or fur- Nuisance. nished with such mechanical appliance as will readily and effectively arrest and prevent the flow of water from such well, is hereby declared to be a public nuisance. The owner, Misiletenant, or occupant of the land upon which such well is meanor. situated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor.

SEC. 2. Any person owning, possessing, or occupying any same. land upon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misdemeanor.

Sec. 3. An artesian well is defined, for the purposes of Artesian this Act, to be any artificial well the waters of which will well defined. flow continuously over the natural surface of the ground adjacent to such well at any season of the year.

SEC. 4. Waste is defined, for the purposes of this Act, to be Waste the causing, suffering, or permitting the waters flowing from defined. such well to run into any river, creek, or other natural watercourse or channel, or into any bay, lake, or pond, or into any street, road, highway, or upon the land of any person other than that of the owner of such well, or upon public lands of the United States or of the State of California, unless it be used thereon for the purposes and in the manner that it may be lawfully used upon the land of the owner of such well; provided, that this section shall not be so construed as to prevent the use of such waters for the proper irrigation of trees standing along or upon any street, road, or highway, or for ornamental ponds or fountains, or the propagation of fish.

Sec. 5. Any person violating any of the provisions of this proceedings Act may be proceeded against for a misdemeanor in any Jus- for misdetice's Court of the county in which such well is located, and shall, upon conviction, be fined for each offense not less than ten or more than fifty dollars. There shall also, upon conviction had, in addition to such fine, be taxed against such party the cost of prosecution. Such fine and costs may be collected as in other criminal cases, and the Justice may also issue an execution upon the judgment therein rendered, and the same may be enforced and collected as in civil cases.

SEC. 6. It shall be the duty of the Supervisors or Road- Duty of masters, on complaint of any citizen within their respective Supervisors. districts, and for that purpose may at all proper times enter upon the premises where such well is situated; and it shall be his duty to institute, or cause to be instituted, criminal action for all violations of the provisions of this Act, or for all public offenses defined in this Act committed within such district.

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