Act; and the Trustees elected under said by-laws are hereby continued in office for the terms for which they were respectively elected, with the powers and duties enumerated in sections three thousand four hundred and fifty-two and three thousand four hundred and fifty-four of the Political Code of this State. Commis SEC. 4. For the purpose of raising funds for the payment Assessment of any indebtedness of said district, and for the construction, sioners. maintenance, and repairs of levees and works of reclamation therein, together with the incidental expenses of the management of the affairs thereof, the Board of Supervisors of Sutter County are hereby authorized and directed, upon the written petition of the Trustees of said district, to appoint three disinterested, competent persons, residents of the county, as Assessment Commissioners, and shall issue to each of them a certificate of appointment, as in the case of county officers. sioners to SEC. 5. Within ten days after receiving notice of their commis appointment, and before proceeding to discharge their duties, subscribe each of said Commissioners shall subscribe an oath, indorsed oath. upon his certificate of appointment, which shall be filed in the office of the Clerk of the county, that he has no interest, direct or indirect, in the lands within the said district, and that he will, to the best of his ability, without fear or favor, perform all the duties of Assessment Commissioner. Their compensation shall be fixed by the Board of Supervisors at the time of their appointment, not to exceed five dollars per day for the time necessarily employed, and shall be paid, together with any necessary expenses in the performance of their duties, by the Trustees of the district, in the manner as other claims against the same are paid. determine SEC. 6. Said Commissioners, immediately after being Notice of qualified, shall give notice by posting the same for not less meeting to than ten days in three public places within the district, stat- assessment. ing that on a day and hour, and at a place within the district to be named in said notice, they will hold a meeting to determine the amount to be charged on each forty-acre tract or lot, as known by the United States system of surveys, within the district, for the benefits received or to be received from the works of reclamation therein, so as to furnish a basis by which the lands of said district may be assessed to raise the amount requisite for the purposes expressed in section four of this Act. sioners to list. SEC. 7. The Commissioners shall meet in pursuance of Commis such notice, and shall continue in session for not more than prepare ten days, and within ten days thereafter they shall prepare assessment a list, to be entitled "Assessment List of Swamp Land District Number Seventy," which shall contain a description of each forty-acre tract or lot within the district, as known by the United States system of surveys, the number of acres in each tract or lot, the names of the owners thereof, if known, or if not then stating them as unknown, and the amount in United States gold coin to be charged on each of said fortyacre tracts or lots, which amount shall be ascertained by apportioning the whole cost of the works of reclamation according to the benefits which each of said tracts or lots has received or may receive from such works. The said list held to hear shall be certified by the Commissioners, and filed with the Meeting objections. Trustees to report statement. Duty of Auditor. Treasurer to give notice of de Clerk of the Board of Supervisors, who must immediately give notice thereof and of the time the Board will meet for hearing objections to said list, which time must be on some day to be specified in the notice of the next regular meeting of the Board after the filing of said list with the Clerk. Such notice must be given by publication for two weeks in a newspaper published in the county. At such hearing the said Board of Supervisors, upon good cause shown, may alter any or all of the assessments charged on the lands in said list, and its decision shall be final. The Clerk of the Board shall enter on the list any alterations so made by the Board, and shall thereupon deliver the same to the County Auditor. SEC. 8. The Board of Trustees of said district shall, as soon as practicable after the passage of this Act, and annually thereafter, whenever further assessments are required, report to the said Board of Supervisors a statement showing: first, the plans of the work done or to be done, and estimates of the cost; second, the amount of the outstanding indebtedness of the district, if any, and the proportion of not less than ten per cent. to be paid, together with estimates of the probable cost, repairs, and incidental expenses for the ensuing year, and the Board of Supervisors shall therefrom ascertain and transmit to the Auditor a certificate of the rate of assessment which it will be necessary to levy on the aggregate of the amount charged on the tracts and lots. described in the assessment list, in order to raise the requisite amount as shown by the report of the Trustees, and shall direct the Auditor to prepare a copy of said list, and to enter thereon, opposite to each tract or lot therein described, the amount of assessment to be collected from the owner or claimant of each of said tracts or lots, at the rate indicated. SEC. 9. The County Auditor, after making the entries on the copy of the assessment list, as herein before provided, shall sign the same and file it in the office of the Treasurer of the county, who shall note on said list the date of filing, and the assessment shall thereupon be due and payable, and become a lien on each and every tract and lot described in said list. SEC. 10. The County Treasurer shall thereupon give notice, by publication in a newspaper published in the linquency. county, that the assessment list of Swamp Land District Number Seventy has been filed in his office, and the date of the filing; that the amounts entered thereon are due and payable; that if not paid on or before the first Monday of January ensuing, the same will become delinquent and be returned to the Tax Collector of the county for collection. He shall note on the list all assessments paid, and if at such time all the assessments have not been paid, he shall return the list to the Tax Collector of the county, who shall proceed to collect such delinquent assessments, with five per cent. thereon, and pay over the same to the County Treasurer, in the same manner as State and county taxes are collected and paid. Treasurer. SEC. 11. The County Treasurer shall be entitled to receive Fee of one per cent. on the amounts received by him for assessments paid under the provisions of this Act, and the Auditor and Tax Collector such sums as are allowed them by law for like services, to be paid out of the funds of the district as other claims against the same are paid. are paid. The District Attorney is hereby required, when called upon, to act as legal adviser of the Board of Trustees, without compensation other than his regular salary. SEC. 12. All indebtedness created by the Board of Trus- Indebtedtees of Swamp Land District Number Seventy, prior to the legal charge. passage of this Act, is hereby made a legal charge against the district as reorganized hereunder, and all assessments levied upon the lands of the district prior to the passage of this Act shall be just as valid and binding, both in law and equity, against the lands assessed, as they were under the law by which they were levied; but nothing in this Act shall be so construed as to either legalize or invalidate any assessment levied prior to the passage of this Act. Code made SEC. 13. The provisions of Article Two, Chapter One, Political Title Eight, of the Political Code, relative to swamp land applicable. districts, so far as the same are not in conflict with this Act, and also an Act entitled an Act relating to Swamp Land District Number Seventy, Sutter County, approved March thirtieth, eighteen hundred and seventy-two, are hereby continued in force and made applicable to said district as hereby reorganized, and all other Acts and parts of Acts in conflict herewith are hereby repealed. SEC. 14. This Act shall take effect and be in force from and after its passage. CHAP. CCCXCV.-[See volume of Amendments to the Codes.] CHAP. CCCXCVI.-An Act amendatory of and supplementary to an Act entitled an Act to prescribe the duties and provide the salary of certain officers of San Mateo County, to authorize the issue of bonds for road purposes, and other matters relating thereto, approved March eighteenth, eighteen hundred and seventy-four. [Approved March 27, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section one of an Act entitled an Act to pre- Repeal. scribe the duties and provide the salary of certain officers of Duty of Tax Collector. Salary of Certain officers to subscribe oath. San Mateo County, to authorize the issue of bonds for road purposes, and other matters relating thereto, approved March eighteenth, eighteen hundred and seventy-four, is hereby repealed. SEC. 2. Section two of said Act is hereby amended so as to read as follows: Section 2. Between the first day of November and the thirty-first day of December, in each year, the Tax Collector shall set apart one day, to be named by him, to receive taxes, of which due notice shall be given, at each of the following places, viz.: School House Station, San Mateo, Spanish Town, and Pescadero, and during all other days, from the time taxes become due and payable until the same become delinquent, he shall be in his office at the county seat to receive the same. SEC. 3. Section eight of said Act is hereby amended so as to read as follows: Section 8. The Sheriff of said county shall be ex officio Collector of taxes and licenses, and receive for all service performed by him, or his deputy or deputies, as such Sheriff and ex officio Collector of taxes and licenses, in addition to the mileage allowed by law, and such reasonable charge for feeding prisoners as the Board of Supervisors may allow, the sum of four thousand three hundred dollars per annum, to be paid monthly out of the county treasury. The Sheriff shall have power to employ one additional deputy, at a salary not to exceed five hundred dollars per annum. SEC. 4. Section nine of said Act is hereby amended so as to read as follows: Section 9. The Sheriff, and County Clerk and ex officio County Recorder of said county, and their deputies, shall continue to charge and collect such allowance, charges, fees, and percentages as are allowed by law for services performed by them as Sheriff, ex officio Collectors of taxes and licenses, and as County Clerk and ex officio County Recorder, Clerk of the District Court, County Court, Probate Court, Clerk of the Board of Equalization, and Clerk of the Board of Supervisors, and shall pay all such moneys into the county treasury, as provided in the next section. SEC. 5. Section eleven of said Act is hereby amended so as to read as follows: Section 11. On presenting the Treasurer's receipt to the Auditor, the County Clerk and ex officio County Recorder shall take and subscribe to the following oath: I (with name), County Clerk and ex officio County Recorder of San Mateo County, do solemnly swear that the receipt of the Treasurer, this day presented to the Auditor, covers the whole amount of money received by me or my deputy (or deputies), as County Clerk, ex officio County Recorder, Clerk of the District Court, Probate Court, County Court, Clerk of the Board of Supervisors, and Clerk of the Board of Equalization, during the month of (insert month). And the Sheriff shall take and subscribe the following oath: I (with name), Sheriff of San Mateo County, do solemnly swear that the receipt of the Treasurer, this day presented to the Auditor, covers the whole amount of money received for allowances, fees, percentages, and charges of every kind made and collected by myself or deputy (or deputies), for all services performed as Sheriff and ex officio Collector of taxes and licenses for the month of (insert month), and that the said amount was all the money received by me or my deputy (or deputies) in, through, or by virtue of my office of Sheriff, ex officio Collector of taxes and licenses, except for mileage allowed by law, and the allowances made by the Board of Supervisors for feeding prisoners. from office and penalty feasance. SEC. 6. Section thirteen of said Act is hereby amended Removal so as to read as follows: Section 13. If the said County Clerk and ex officio County Recorder, by himself, deputy, or for maldeputies, as County Clerk, ex officio County Recorder, Clerk of the District Court, County Court, Probate Court, Clerk of the Board of Supervisors, and Clerk of the Board of Equalization, or if the said Sheriff, by himself, or deputy, or deputies, as Sheriff and ex officio Collector of taxes and licenses, shall either of them demand, accept, or receive for their own use any other or further sum, for any official service, than is herein allowed, they, or either of them, shall forfeit their office, and moreover shall be subject to a penalty of one thousand dollars for each and every such offense, for which they shall be liable on their bond. Upon the petition of ten citizens, residents, taxpayers of the county, the Board of Supervisors of the county shall immediately institute suit to recover the penalty herein provided. SEC. 7. This Act shall take effect and be in force from and after the first day of March, A. D. eighteen hundred and eighty. CHAP. CCCXCVII.-An Act to amend an Act to prevent hogs from running at large in the Town of Shasta, approved February twenty-sixth, eighteen hundred and seventy-two, so as to make the same applicable to the Town of Redding, in Shasta County, and the Town of Modesto, in Stanislaus County. [Approved March 27, 1878.] The People of the State of California, represented in Senate and applicable. SECTION 1. The provisions of an Act to prevent hogs Provisions of from running at large in the Town of Shasta, approved Feb- Act made. ruary twenty-sixth, eighteen hundred and seventy-two, are hereby extended so as to be applicable to the Town of Redding, in Shasta County, and the Town of Modesto, in Stanislaus County. SEC. 2. This Act shall take effect and be in force from and after its passage. 74 |
