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Property exempted

from tax

tions.

CHAP. CCCXIX.-An Act to authorize the settlement of certain taxes due on certain portions of the Lick Estate, and to cancel the liens against the same.

[Approved March 23, 1878.]

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

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SECTION 1. Upon the payment of the sum of fifteen thousand nine hundred and sixty-six dollars to the Tax Colupon condi- lector of the City and County of San Francisco for taxes for the fiscal year of 1868 and 1869, which are now due, unpaid and delinquent, the estate known as the James Lick Estate shall be exempted from the payment of any further sums for taxes for said fiscal year of 1868 and 1869, and the percentage and interest accruing upon the same; and the said estate and each and every portion of the same on which the said taxes of 1868 and 1869, and the percentage and interest accruing thereon, have been or are at this time a lien, are hereby released from the operation and effect of said lien or liens and are declared to be forever discharged therefrom; provided, that any person employed by the Board of Supervisors of the said City and County of San Francisco, under the provisions of a law of the State of California entitled "An Act for the collection of delinquent taxes in the City and County of San Francisco," approved April 3d, 1876, to collect the taxes mentioned and included in said Act, shall, within sixty days after the passage of this Act, submit whatever claim or claims he may have against the said Lick Estate, under the said Act of 3d April, 1876, to the Nineteenth District Court of said City and County, and the said Court shall hear and determine, upon the proofs presented, what such services of the said special counsel are reasonably worth, and the said Court shall certify its judgment to the Trustees of the Lick Estate; and the said Trustees are hereby authorized and required to pay the same within twenty days from the presentation of the same.

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

Fees of
Coroner.

CHAP. CCCXX.-An Act relating to the Coroner of Santa Clara

County.

[Approved March 23, 1878.]

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

SECTION 1. The Coroner of the County of Santa Clara shall receive for his services compensation as follows: For general services in holding an inquest, ten dollars; for each witness subpoenaed, twenty-five cents; for each mile neces

sarily traveled in attending an inquest, fifteen cents; for directing or attending the interment of each body, upon which an inquest has been held, two dollars; which fees, in all inquests, shall be paid out of the effects of the deceased, if any-if not, from the county treasury; for swearing each witness or juror, twenty-five cents; for writing down testimony, when the work is done by the Coroner himself, fifteen cents per folio; when the same is done by a short-hand reporter, twenty cents per folio.

SEC. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

SEC. 3. This Act shall take effect immediately.

CHAP. CCCXXI.-An Act to confer further powers upon the Board of New City Hall Commissioners for the City and County of San Francisco.

[Approved March 23, 1878.]

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

on Board.

SECTION 1. The Board of New City Hall Commissioners Power for the City and County of San Francisco are hereby author- conferred ized and empowered, as in their judgment shall be best for the public interests, to settle, arrange, adjust, and pay such sums as said Board shall determine, and out of the "New City Hall Fund," for the work heretofore done and materials heretofore furnished and used in the plumbing of the east wing of the building in the said city and county known as the New City Hall.

SEC. 2. This Act shall take effect immediately.

CHAP. CCCXXII.-An Act to enable the City of Oakland to acquire and maintain public water-works.

[Approved March 23, 1878.]

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

be submitted

SECTION 1. At the next municipal election held in the question to City of Oakland, after the passage of this Act, the Council to people. of said city may, in their discretion, cause to be submitted to the qualified electors thereof, the question whether the said city shall acquire and take by process of condemnation for the use of said city, the property, works, and franchises of the Contra Costa Water Company. In the notice or proclamation made for the calling of said municipal election, it shall be stated that the question of said purchase will be

Result of

election declared.

tion of property.

submitted to the electors of said city. The Council shall cause to be printed and provided at the several polling places ballots of two kinds, but similar in appearance, as required by law; upon one of which shall be printed the words" For the purchase of water-works-yes," and upon the other kind of which shall be printed the words "For the purchase of water-works-no.'

SEC. 2. At the time and in the manner provided by law for canvassing the votes cast at such municipal election, the Council of said city shall canvass the votes cast for and against the proposed purchase, and shall declare the result and cause the same to be entered upon its minutes. If it shall be found that two-thirds of all the votes cast at such election for and against the proposed purchase are against the same, then no further proceedings thereon, or in relation thereto, shall be had or taken, excepting as hereinafter proCondemna vided; but if two-thirds of said votes shall be in favor of the proposed purchase, the said Council shall cause an action to be commenced in the District Court of Alameda County for the condemnation of the property, works, and franchises of the Contra Costa Water Company, and for the purpose of ascertaining and determining the sum or amount of compensation to be paid to the said company, or to owners or claimants of the said property, works, and franchises by reason of the appropriation of the same to the use of said City of Oakland. In such action the said city shall be plaintiff, and said Contra Costa Water Company, and all others claiming any interest in said property, works, or franchises, shall be defendants, and the form of complaint and all proceedings in said action shall be conducted in the manner prescribed by Title Seven, of Part Three, of the Code of Civil Procedure of this State, excepting as is herein otherwise provided. The said District Court shall appointed. appoint five disinterested and impartial persons as Commissioners to ascertain and report to said Court the value of the property, works, and franchises sought to be condemned. Two of said Commissioners shall be named by the said Council, two by the said Contra Costa Water Company, and one by the Court. The Court shall designate the time and place of the first meeting of said Commissioners, and the time when their final report shall be made, which may be extended if the Court shall deem it necessary so to do; all the evidence taken by said Commissioners shall be filed with their report. Within ten days after the filing of said report either party may object to the same, and the Court, after hearing such objections, shall confirm or set aside the report, or may modify the same as it may deem to be just and proper, or may cause the inquiry to be re-submitted to the same or other Commissioners. If new Commissioners are ordered Short-hand they shall be named and appointed as above provided. The Court shall, if it deem it necessary, allow the Commissioners the services of a short-hand reporter to take and transcribe the evidence, and the fees of such reporter shall be the same as is provided by law for Court Reporters, which shall be allowed as costs in the case. Each of said Commissioners

Commis

sioners

reporter

appointed.

shall be allowed five dollars per day for each day's attendance at the sessions of the Commission, which shall also be allowed as costs in the case.

tion; how

SEC. 3. In assessing and determining the compensation Compensato be paid to the owners and claimants of the property, works, determined. and franchises, by reason of the appropriation thereof to the use of the City of Oakland, the Commissioners shall consider such property and works as a whole, taken in connection with the franchises under which the same is held, the use to which such property and works are applied, and their adaptability to such use, together with their present condition and state of repair, and shall assess and fix a gross sum as the entire amount to be paid to the owners and claimants thereof.

SEC. 4. When any judgment for the condemnation of the property mentioned in the preceding sections of this Act, and for the compensation to be made therefor shall have become final, the Council of said city shall make payment of the amount of said judgment as hereinafter provided.

SEC. 5. For the purpose of providing the means for com- Bonds pleting the purchase authorized in this Act, the Council of issued. said city shall cause to be prepared, executed, and issued the bonds of said city, for such aggregate amount as may be necessary therefor, which bonds shall be known as the " Waterworks Bonds" of said city; and for the payment thereof, with the interest on the same, the faith of said city shall be pledged, and the same shall be a lien upon such water-works, and all the property, real and personal, pertaining thereto, and the revenue and income thereof until fully paid.

ments of

SEC. 6. The bonds so issued shall be in such form, and Form and executed by the Mayor and Treasurer of said city, and shall require have the seal of said city affixed thereto, and shall be in bonds. sums not exceeding five thousand dollars each; shall be payable at the office of the Treasurer of said city twenty years from their date; shall bear interest at such rate as may be prescribed by said Council, not exceeding seven per cent. per annum, payable semi-annually at the office of said. Treasurer, and have interest coupons attached for the several installments of interest to fall due thereon; principal and interest to be payable in gold coin of the United States, or its equivalent,

bonds.

SEC. 7. Such bonds, to the extent of the purchase price so sale of fixed or agreed upon and approved, may be delivered directly to the parties entitled thereto, if they shall be willing to receive the same at par, dollar for dollar, on account of such price; otherwise, such bonds shall be sold for the highest price which can be obtained therefor, at not less than the par value thereof, in gold coin of the United States, after thirty days' public notice inviting bids therefor, published in one or more daily papers of general circulation in the City of Oakland, and in the City and County of San Francisco; and from the proceeds of the sale thereof the purchase price, so fixed and determined upon, may be paid directly to the parties entitled thereto; but no such payment, either in bonds or money, shall be made to said

Refusal to

chase

fixed.

parties unless they shall, at the time of receiving the same, make, execute, and deliver a good and sufficient deed of conveyance of all the property, water-works, and rights sought to be acquired and included in the decree of condemnation.

SEC. 8. If the owners and claimants of such property accept price shall be unwilling to accept the purchase price so fixed and determined upon, and make the deed of conveyance provided for in the last preceding section, or by reason of conflict of, or adverse claim, shall be unable to make such deed of conveyance, there shall be paid into the Court in which such price was so fixed and determined upon, out of the proceeds of the sales of said bonds, in gold coin of the United States, for the use and benefit of the parties entitled thereto, the amount of money so fixed and determined upon as the compensation to be paid by reason of the appropriation of such property to public use; and thereupon the Court shall order a certified copy of its final judgment and decree condemning the property and works to public use to be recorded in the office of the County Recorder of Alameda County, and in the Recorder's office of every county in which any portion of such property is situate. The money so deposited may, at any time thereafter, be paid over to the parties entitled thereto, upon order of the Court duly entered; and if there is a conflict of claim thereto, or to any part thereof, the Court shall hear all the claimants in relation thereto, and may take proofs thereon, and may submit any issues of fact that arise thereon to a jury, and shall finally adjudge and determine the rights of the respective parties, and enter judgment accordingly; and from such judgment an appeal may be taken to the Supreme Costs; how Court, as in other civil cases. All costs of the proceedings provided for in this Act, up to and including the final decree of condemnation, except when otherwise specially ordered by the Court, shall be paid by said city; but to any proceedings that may be had subsequent to the entry of such decree of condemnation, for the purpose of determining the rights of the claimants to the fund so paid into Court, said city shall not be a party nor in any way liable for the costs thereof.

paid.

property,

etc., not taken till

when.

Possession of SEC. 9. No possession of such property, nor of any part thereof, nor any interference therewith, shall be taken or had by said city until the purchase price thereof shall have been actually paid to the parties entitled thereto, and a deed therefor received, or until such price has been paid into Court, and after a decree of condemnation has been entered, as herein before provided; but immediately upon the making of such payment and receipt of such deed, or payment into Court, said city, by its proper officers, agents, or servants, may enter into the full possession of said property, and of every part thereof, and thereafter control and manage the same as the public property of said city; and if upon the entry of such decree and the exhibition of a certified copy thereof to the parties in possession, in case an appeal shall have been taken, and the remittitur of the Supreme Court affirming the same, and the payment of the purchase money

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