Survey of route, and STATUTES OF CALIFORNIA, CHAP. CCCXCVIII.-An Act to authorize the construction of a public wagon road in the County of San Bernardino, and to provide for the payment of the cost of the same. [Approved March 27, 1878.] The People of the State of California, represented in Senate and SECTION 1. Within six months after the passage of this expenditure Act, the Board of Supervisors of San Bernardino County authorized. shall cause to be surveyed San Bernardino Valley, in said county, to the timber lands route for a public road from the on the San Bernardino Mountains to the northward from the Town of San Bernardino, in said county, and shall cause to be filed in the office of said Board a map of said survey, showing the location of said route, the grade of the same, and its courses and distances; and for the purpose of making said survey and map, said Board are authorized to expend out of the General Fund of the county, in the county treasury, the sum of five hundred (500) dollars, and the cost of said survey shall not exceed that sum. Upon petition, the Board to SEC. 2. At any time after said survey has been made and map thereof filed, upon a petition of two hundred taxpayers investigate. of the county, asking the Board to proceed under this Act to construct said road, the Board shall investigate the matter, and if it finds the following facts to exist, to wit: Election to be held. registers; how sup plied. First-That said route is suitable for a public road over which ordinary farm wagons, with ordinary team and common brake, can pass up and down with a reasonable load, after the construction of a road thereon; Second-That the cost of constructing a road on said route will not exceed twenty thousand dollars; Third-That a road on said route will furnish to the public of said county easy access to the timber lands on said mountains, describing the route generally; Then said Board shall enter upon its minutes the facts so found, together with an order stating that a special election shall be held in said county, at a time to be designated in said order, and at which shall be submitted to the electors of said county, and voted upon by them, the sole question whether said road shall be constructed or not; and upon the ballots used at such special election shall be written or printed the words "For the Mountain Road," or "Against the Mountain Road." SEC. 3. Such election shall be held in strict accordance with the general election laws of this State, in so far as a different rule is not expressly provided for herein. Deficiency of SEC. 4. If there are not sufficient copies of the Great Register on hand in the office of the County Clerk of said county to supply the different precincts with the required number of copies thereof, then, and in that case, the copies of said Great Register used at the last election in said county may be used at such special election, and no copies of said Great Register need be posted at or near the polls, as is pre scribed by general law; and if such copies on hand have been used at any previous election, then the letter "V" may be inserted in the proper column, instead of the word "voted," opposite the name of the elector voting. notice. SEC. 5. A notice of said election shall be published, for Cost and thirty days, in every newspaper printed and published in contents of the county which will publish the same at regular rates; but if any newspaper publisher has contracted to do the county printing, then the publication of said notice, in the county official paper, shall be done subject to the terms of such contract, which said notice shall contain the following matters: First-A certified copy of the findings of fact and order of election required to be entered on the minutes of the Board by section two. Second-A list of the precincts of the county, and the names of the Judges and Inspectors of Election, appointed by said Board of Supervisors. Said notice shall be signed by the Clerk of the Board of Supervisors. file affidavit. SEC. 6. The publisher of each newspaper in which said Publisher to notice is published under the provisions of this Act shall, at the expiration of such publication, file with the Clerk of the said Board an affidavit showing the fact of such publication; provided, that if said notice is correctly published in two newspapers of said county for the requisite time, no defect in or failure to publish in other papers, according to the provisions of this Act, shall in any manner invalidate any election held under the provisions hereof. SEC. 7. It shall be the duty of the Board of Supervisors Canvassing of said county to meet, on the second Monday after such of returns. election shall have taken place, as a Board of Canvassers, and to canvass the returns of such election; and if a majority of the ballots legally cast at such election shall be found to have been those containing the words "For the Mountain Road," then it shall be the duty of the Board of Supervisors of said county to proceed to construct said road, upon said surveyed route, in the manner hereinafter designated. Board. SEC. 8. The said Board is to have full charge and control Power of of the construction of said road, and when necessary may employ a civil engineer to superintend work on said road, and to make detail drawings of sections thereof, and to mark on the said route the grade at necessary points; and said Board shall divide said road into a reasonable number of sections, for the purpose of letting contracts for construction, so that each section shall be accessible at least at one point. SEC. 9. After said route shall have been divided into sec- Board to tions, and the grade stakes placed thereon, showing width advertise of roadway, depth of cuts, and height of fills, the Board shall advertise for bids for the construction, by sections, of said road. Such advertisement shall be signed by the Clerk Advertiseof the Board, and published in one or more newspapers, to state what. be designated by the Board of Supervisors, for a time not less than twenty days before bidding shall close, and said notice of receiving bids must state: First-The section or sections to be let. for bids. Attorney to file draft of draft. STATUTES OF CALIFORNIA, Second-The time up to which sealed bids will be received. Third-That each bidder shall file with his bid a bond, with justified sureties, in the sum of five hundred dollars, conditioned that the bidder will execute a contract according to blank copy on file in the office of the Clerk of the Board, with approved surety for its performance in case his bid is accepted, and in default thereof that the bidder will pay to the County of San Bernardino the amount of the bond. Fourth-Said notice, for further particulars, shall refer to this Act by title and page of statutes, to the grade stakes on the route, and to the map and other files in the office of the Board of Supervisors. SEC. 10. On or before the day that notice for bids is pubcontractor's lished, as herein before provided, the District Attorney of agreement. the county shall file with the Clerk of the Board of Supervisors, for the guidance of bidders, a draft of a contractor's agreement with said county, which draft must be submitted to and be subject to correction or modification by the Board Provisions to of Supervisors before the same is filed. Such draft, among be made in other provisions calculated to protect the county, shall provide for stipulated damages for its breach, in an amount to be fixed by the Board, and also that no Chinese shall be employed on the work, and that a bond with ample security shall accompany the contract, and that the contract price will be paid in county warrants upon the Mountain Road Fund as herein provided, and that all work must be done under the supervision and inspection of the Board of Supervisors, and an engineer employed by said Board. Partial payments to be made as the work progresses, in proportion to the work done. Considera SEC. 11. At the time and place designated in the advertion of bids. tisement for bids, the Board of Supervisors shall meet and open any and all bids that shall have been filed within the time stated in the notice, and shall only consider the bids which are accompanied by the bond specified in the notice; and said Board shall accept the lowest bid for each section for which bids were advertised, and shall award contracts accordingly; provided, that said Board shall reject all bids on any section if it appears to the Board from evidence heard by it, on reasonable notice to the lowest bidder on said section, that such lowest bid is disproportionately large when considered with reference to the whole work on all the sections, and the full price allowed to be paid for the whole work by this Act. Person whose bid is accepted to tract, etc. SEC. 12. Within three days after opening said bids, the Board shall act upon the same, and either award contracts execute con- or reject bids, in accordance with the provisions of the preceding section; and if the contract is awarded on any bid for any section, the person whose bid is accepted shall, within ten days, execute a contract to do the required work on said section according to the terms of the contract on file in the office of the Clerk of the Board, and shall give bond for the faithful performance of such contract, with good and sufficient sureties, in an amount equal to his bid, which bond and sureties are to be subject to the approval of the Board of Supervisors; but if the person whose bid has been accepted fails so to execute a contract with the county, with such approved security, or if the Board reject all the bids for contracts upon any section, then the Board shall re-advertise for bids for the construction of such section of the road. SEC. 13. For and during each fiscal year after it shall Tax to be have been decided by election, and until the cost of said levied. road, with interest, shall have been paid, the Board of Supervisors of said county shall levy a tax upon all the assessed property of said county, of twenty-five cents upon each one hundred dollars in assessed value thereof, which shall be levied and collected at the same time, and in the same manner, and by the same officers, as other and county taxes are levied and collected, and when so collected shall be paid into the county treasury of said county, and placed to the credit of a fund to be known as the Mountain Road Fund, and the moneys in said fund shall be used alone for the payment of the interest and principal of warrants drawn upon the same in pursuance of the provisions of this Act, and not otherwise. drawn from where, and SEC. 14. Warrants for the original survey and the expenses Warrants of the election, of publication of all notices, and of right of way, shall be drawn upon the General County Fund, and all in what other warrants for expenses incurred under this Act shall be drawn upon the said Mountain Road Fund, in the following manner: First-Warrants drawn to pay for services of civil engineer, employed to make detail drawings and to inspect work, shall be preferred warrants, and shall be paid out of the first moneys in such fund in the order of their registration in the office of the County Treasurer, and shall bear interest at the rate of eight per cent. per annum. Second-All other warrants drawn upon said fund shall be for the contract price of construction, and shall be substantially in the following form: State of California, County of San Bernardino. To the County Treasurer of the County of San Bernardino. Pursuant to an order of the Board of Supervisors, duly entered, you will pay, ten years after date, or sooner if funds are on hand for such purpose, to or his assigns, the sum of dollars, with interest thereon at the rate of eight per cent. per annum from date until paid, principal and interest payable only in the same kind of money or currency receivable for State and county taxes at date of payment. Interest payable annually on the first day of January, and the same shall be signed by the County Auditor. manner. SEC. 15. The moneys in said Mountain Road Fund shall Application be applied as follows: First-To the payment of civil engineer's warrants registered. Second-To interest due on contractor's warrants. of moneys. On the first Monday in March in each year after the issu- Payment of ance of warrants drawn upon said fund, it shall be the duty warrants. Right of way acquired; Power granted to Board. STATUTES OF CALIFORNIA, of the County Treasurer to pay to the legal holders of such of said warrants as the money on hand will pay, in the order of their registration in his office; and in case the holders of such redeemable warrants do not then present the same for payment, said County Treasurer shall set apart such funds, and retain the same until said warrants are presented for payment, and from the time that funds are so set apart for the payment of principal and interest of any warrants, no more or further interest whatever shall accrue thereon after said date. SEC. 16. Rights of way may be acquired by the county for the road herein provided for in the same manner as in other cases, by purchase or by condemnation; and in case the adopted route for said road overlaps in any part any existing toll road, then by contract with the Board of Supervisors, or by condemnation, that part of such toll road so overlapped shall be opened to the public free of toll, and the owner of the franchise shall be entitled to receive for the same compensation according to law. SEC. 17. All power necessary to carry out the provisions of this Act is hereby given to the Board of Supervisors of said county, and any expenses or outlay necessarily incurred which is not herein expressly provided for shall be paid out of the General Fund of the county treasury. SEC. 18. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 19. This Act shall take effect and be in force from and after its passage. Police Court established. of Court. CHAP. CCCXCIX.-An Act to amend an Act entitled an Act to incorporate the City of Sacramento, approved April twentyfifth, eighteen hundred and sixty-three. [Approved March 27, 1878.] The People of the State of California, represented in Senate and SECTION 1. Section seventeen of said Act is hereby amended so as to read as follows: hereby established in and for said city, which shall be preSection 17. A Police Court is Jurisdiction sided over by the Police Judge. The Police Court shall have exclusive jurisdiction of all violations of city ordinances, and may hold to bail, try, fine, or commit to prison any offender, in accordance with the provisions of such ordinances and judgment that the defendant pay a fine; may also direct that he be imprisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine. Said Court shall also have jurisdiction of all misdemeanors committed in the city, punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment, and shall have jurisdiction of the crime of battery, committed |