SEC. 3. For the measurement of logs of any greater length than indicated in the table set forth in section two of this Act, the computation shall be made in accordance with table. SEC. 4. All logs shall be measured at the small end and Logs; how inside the bark, and the contents computed according to sec- measured. tion two of this Act. This Act shall not apply to the Counties of Humboldt, Mendocino, and Del Norte. SEC. 5. Allowance shall be made for rot, shake, or other Allowance defect in logs measured by this scale and under the pro- made. visions of this Act, so as to make the survey express the actual quantity of merchantable lumber in each log. SEC. 6. This Act shall take effect immediately. CHAP. CCCCXVI.-An Act to amend an Act entitled "An Act concerning roads and highways in Contra Costa County,' approved March 11th, 1876. [Approved March 28, 1878.] The People of the State of California, represented in Senate and land may SECTION 1. Section seven of said Act is hereby amended owners or to read as follows: Section seven (7). Any owner or occu- occupants of pant of land adjoining a highway not less than three rods plant trees; wide, may plant trees on the side contiguous to his land, how. They must be set in regular rows, at a distance of at least six feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than six rods wide, the row must not be less than six nor more than Duty of twelve feet from the boundary of the highway. Whoever injures any of them is liable to the owner or to the occupant for the damage which is thereby sustained; provided, that said trees have been planted inside the fence, or are properly protected by boxes, posts, or otherwise, if planted on the outside. SEC. 2. Section ten of said Act is hereby amended to read Supervisors. as follows: Section ten (10). The Board of Supervisors of each county, by proper ordinance, must: Road poll tax. Repeal. Property tax must be levied; when. I. Divide the county into a suitable and convenient number of road districts, but no district shall be formed of parts of two townships, and appoint therefor, annually, or whenever vacancies occur, Overseers other than themselves, with power to remove for cause. II. Cause to be surveyed, viewed, laid out, recorded, opened, and worked, such highways as are necessary for public convenience, as in this Chapter provided. III. Abolish or abandon such as are unnecessary. IV. Contract, agree for, purchase, or otherwise acquire the right of way over private property for the use of public highways, and for that purpose institute, or require the District Attorney to institute, proceedings under Title VII., Part III., of the Code of Civil Procedure, and to pay therefor from the District Road Fund of the particular district in which said right of way was acquired. V. Levy a property road tax. VI. Order and direct Overseers specially in regard to work to be done on particular roads in their district. VII. Cause to be erected and maintained on the highways they may designate mile-stones or posts, and guide-posts properly inscribed. VIII. Cause the road tax collected each year after, in their discretion, setting aside twenty per cent. thereof, as hereinafter provided, to be apportioned to the road districts entitled thereto, and kept by the Treasurer in separate funds. IX. Audit and draw warrants on the funds of the respective road districts, when required to pay for right of way, or work, or improvements thereon. X. Furnish to each Road Overseer a copy of this Chapter. SEC. 3. Section fifteen of said Act is amended to read as follows: Section fifteen (15). Every male inhabitant of a road district, over twenty-one and under fifty years of age, must pay annually to the Road Overseer, before the first day of July, a road poll tax of two dollars; and if not paid until after the first day of July, one dollar additional for delinquency. The said road poll tax shall be subject to enforced collection, in the same manner and by the same process as is provided for the collection of the State poll tax. SEC. 4. Section seventeen of said Act is hereby repealed. SEC. 5. Section twenty-one of said Act is hereby amended to read as follows: Section twenty-one (21). The annual property tax for road purposes must be levied by the Board of Supervisors, at their session when the tax is by them levied for county purposes, and must not exceed forty cents on each one hundred dollars in value of taxable property. But for sessed and collected. the year 1878 they may levy sixty cents on each one hundred dollars of taxable property, and thereafter the same rate as herein before provided. This property road tax, when levied, How asmust be annually assessed and collected by the same officers and in the same manner as State and other county taxes are levied, assessed, and collected, and turned over to the County Treasurer for the use of the road districts from which it is respectively collected, except as hereinafter provided. The Board shall in no year make greater expenditures for road purposes than the annual revenues of the current year for such purposes. responsible SEC. 6. Section twenty-three of said Act is hereby amended Corporations so as to read as follows: Section twenty-three (23). Corpora- for em tions or other employers of residents in any road district are ployés. responsible for the road poll tax of employés, and a notice to the employer or managing agent of any employing company or corporation requiring payment of the road poll tax of any employé, charges such employer, company, or corporation with such road poll tax, and subjects such employers to the same process for enforcing payment as is provided for enforcing payment of State poll taxes. must make oath. SEC. 7. Section twenty-four of said Act is hereby amended Overseer to read as follows: Section twenty-four (24). Each Overseer must make to the Board of Supervisors, semi-annually, a written account, under oath, containing: 1. The names of all persons liable for road poll tax in his district. 2. The names of all who have paid, and the amount received from them. 3. The names of all delinquents, and the amount due from them. 4. A full and complete return of the names of all persons employed, the day and date of their employment, the particular portion of the road on which they were employed, and also the number of teams, the day and date of their employment, and to whom they belonged, together with an itemized account of all moneys expended. 5. The number of road poll tax receipts sold, and those returned unsold. 6. An accurate account of every day he himself was employed, and the nature and items of the service rendered. SEC. 8. The sections of the Act of which this Act is amendatory shall be numbered in accordance with this amendatory Act, to run in consecutive order. SEC. 9. This Act shall take effect and be in force from and after its passage. Council empowered to CHAP. CCCCXVII.-An Act to provide for the opening of streets in the City of Oakland. [Approved March 28, 1878.] The People of the State of California, represented in Senate and SECTION 1. The City of Oakland, by its City Council, is open streets, empowered to open, extend, and widen streets; provided, that no street be opened through the park known as Badger's Park, and modify the boundaries thereof within its corporate limits, and to determine the property benefited thereby, and to assess the expenses of such improvement upon the property benefited, as provided by this Act. Proceedings; how commenced. Petition shall contain what. Council to determine SEC. 2. All proceedings under this Act shall be commenced by petition of five or more residents and freeholders within said city, signed by the petitioners, addressed to the City Council, and filed with the Clerk of said Council. SEC. 3. The petition mentioned in section two shall contain: First-The names of the petitioners, and a statement that each of the petitioners is a resident and freeholder within said city. Second-A statement that, in the opinion of the petitioners, the public interests require that the improvement asked for (describing it generally) should be made. Third-A request that the Council proceed to order the improvement made. SEO. 4. At the regular meeting next after the meeting at lands to be which the petition is presented to the Council, or at any improved. subsequent meeting to which the proceedings may be regularly adjourned, the said Council may, by resolution duly passed, determine the lands to be benefited by the improvement asked for in the petition, and to be assessed for the expenses thereof. Said resolution shall contain a description of each lot, piece, or parcel of land necessary to be taken and condemned for such improvement, and shall also specify the exterior boundaries of the district of lands benefited thereby, and to be assessed therefor, and shall direct the City Engineer to make a.survey and map of the lands described in the resolution, a copy of which resolution shall be forthwith transmitted by the Clerk of said Council to the said City Engineer. Duty of SEC. 5. It shall be the duty of the City Engineer, immediately upon receiving a copy of the resolution mentioned in section four, to survey the lands described in said resolution and make a map thereof, and to return said map to said Council within twenty (20) days from the receipt by him of said copy of the resolution; said map shall show each piece, tract, or parcel of land necessary to be taken and condemned for said improvement, and also the exterior boundaries of the district to be benefited by such improvement and to be assessed on account of the cost and expenses thereof, as declared in the resolution, and the area thereof, exclusive of given. to pass public streets and alleys. Said City Engineer shall have Right to the right to enter upon the lands and make examinations enter land and surveys thereof, and such entry shall constitute no cause of action in favor of the owners of said lands, except for injuries resulting from negligence, wantonness, or malice. SEC. 6. The Council, at its regular meeting next after the Council return of the map by the City Engineer, shall pass a prelim- preliminary inary resolution, declaring the intention of the corporation resolution." to make the improvement asked for in the petition. Said resolution shall contain a description of each piece, lot, or tract of land necessary and sought to be taken and condemned for the improvement, and also the exterior boundaries of the district of lands to be benefited thereby, and assessed for the expenses thereof; the resolution shall also specify a time, not more than fifteen (15) days from the passage thereof, for the hearing by said Council of objections to the proposed improvement, and said resolution shall be published in at least one daily paper printed and circulated in said city of Oakland, daily (Sundays and non-judicial days excepted), for at least ten (10) days prior to the time fixed for said hearing. provements. SEC. 7. If a majority of the owners of the lands in area Protest to be assessed for the expenses of said improvement shail, on against im or before the day fixed by said resolution for the hearing of objections, appear and protest against said improvement, the proceedings shall be discontinued; provided, however, that such protest must be in writing, and shall contain a description of the land claimed by each protestant; and provided further, that the Council may, by an unanimous vote of all its members, approved by the Mayor, proceed to cause such improvement to be made, notwithstanding such protest. be made SEC. 8. If the owners of a majority in area of the prop- Improveerty to be assessed for the expenses of said improvement failments will to appear and protest as provided in section seven, or if the upon what. Council, by an unanimous vote, approved by the Mayor, order said improvement to be made, said Council must immediately pass a final resolution, declaring such determination. Such resolution shall refer to the preliminary resolution, mentioned in section six, by its number, for a description of the lands necessary and sought to be taken and condemned for said improvement, and the district to be assessed for the expenses thereof. appointment sioners. SEC. 9. Immediately after the passage of the final resolu- Council to tion mentioned in section eight, the Council shall apply to apply for the County Court of Alameda County, either in term time or of Commisvacation, by petition, for the appointing of three Commissioners to assess the compensation which shall be paid to the owners thereof for the lands sought to be taken for such improvement, and to assess upon the property within the district to be benefited thereby the costs of such improvement. Said petition shall recite all the proceedings had in the premises, and shall specify the exterior boundaries of the lands sought to be taken, and also the exterior boundaries of the district of lands to be benefited thereby, and assessed for the expenses thereof. A copy of the map made by the City Engineer shall be annexed to said petition, and may be |