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Snelling
School Dis-

trict Bond
Fund.

Treasurer

to redeem

bonds.

qualify in the same manner, and discharge and perform the
same duties, and in the same manner, as is now by law
required of special school district Assessors and Tax Col-
lectors, except as otherwise specially provided in this Act.

SEC. 8. When said tax is collected, the said Trustees shall
pay, or cause the same to be paid, over to the County Treas-
urer of Merced County, and the County Treasurer shall
receipt for the same in his official capacity, and shall imme-
diately thereafter set the whole amount so received by him
apart as a separate fund, to be called the "Snelling School
District Bond Fund," which fund shall only be used for the
redemption of said bonds, and interest.

SEC. 9. Upon the presentation of the coupons due to the said County Treasurer, he shall pay the same from said bond fund. Whenever said bond fund shall amount to the sum of one-fifth of the whole amount of the bonds issued as aforesaid, besides the amount of any accrued interest due upon the coupons, the said County Treasurer shall pay such an amount of said bonds as the money in said fund will redeem at the lowest value at which they may be offered for liquidation, after advertising, for not less than three weeks, in such newspaper printed in this State as he may think most likely to give notice to the bondholders, for sealed proposals for the redemption of said bonds, said proposals to be publicly opened, at the time and place named in the notice, and the lowest bid for said bonds shall be accepted; provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of such bonds shall desire to have the same redeemed, the County Treasurer shall publish a notice, in the same newspaper in which the notice for bids was published, and for the same period of time, to the effect that a sufficient number of said bonds, commencing at the lowest number unpaid, and giving the number of the bonds to be redeemed, will be paid upon presentation. If said bonds, or any of them, mentioned in said notice, shall not be presented within thirty days after the expiration of the time of the publication, they shall, from that time, cease to draw interest.

SEC. 10. This Act shall take effect immediately.

Certain

CHAP. DXLIII.-An Act to amend an Act entitled “An Act to
re-incorporate the City of San José," approved March 17th, 1874.
[Approved March 30, 1878.]

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

SECTION 1. Section twenty-two of an Act entitled "An Act to re-incorporate the City of San José," approved March 17th, street work. 1874, is hereby amended so as to read as follows: Section

officers to inspect

1

22. Whenever any street shall be approved, under contract, in accordance with the provisions of the charter, it shall be the duty of the Commissioner of Streets, the City Engineer, and the Chairman of the Street Committee, to examine said work while in progress, and carefully inspect the same when completed, and upon the completion of said work, the Commissioner, and said Engineer, and said Chairman of the Street Committee, shall file, in writing, with the City Clerk, their acceptance or rejection of said work; and whenever any such work is accepted, the City Clerk shall, upon the filing of said certificate of acceptance as aforesaid, give notice thereof by publication for five consecutive days, in some daily newspaper printed and published in the City of San José. Said notice shall state the amount due by said city for said work, and that warrants will be drawn for the payment of the same at the next regular or special meeting of the Mayor and Common Council, and that within said time all laborers Laborers to or persons furnishing materials, performing labor, or fur- file claim. nishing materials used in the performance of the contract for the improvement of such street, may file with the City Clerk a statement of their claims for labor or materials so furnished; and if said accounts or statements so filed are undisputed by the contractor, warrants shall be drawn therefor, in favor of the persons presenting such claims, to the extent of the contract price, or so much thereof as may then be due said contractor from said city. If the aggregate of the claims so claims more filed with the City Clerks amounts to more than the contract price for said work, or the amount then due from said city to said contractor, then, and in that case, the warrants shall be drawn in favor of the persons filing said claims, so that each person shall receive his pro rata share of the amount due the contractor from said city, and said payments shall be made to such persons so filing claims, in preference to any claim due to said contractor, or to any assignee from him. If said claims, so filed, or any one of them, are disputed by said contractor, the amount thereof shall be retained by the City Treasurer until the same shall be adjudicated in a Court having competent jurisdiction. All warrants under this section shall be drawn on the General Fund, but no warrant shall be drawn or liability created until such written acceptance is duly filed.

SEC. 2. All Acts or parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

SEC. 3. This Act shall take effect and be in force immediately upon its passage and approval.

than contract price.

Act amended.

CHAP. DXLIV.-An Act to amend an Act entitled an Act to fix the terms of the County Court and Probate Court, in the County of Merced, approved March 11th, 1876.

[Approved March 30, 1878.]

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

SECTION 1. Section one of said Act is amended to read as follows: Section one. The regular terms of the County Court and Probate Court, in and for Merced County, shall be held at the county seat of said county, on the first Monday in April, August, and December in each year.

SEC. 2. This Act shall take effect from and after May 1st, 1878.

Tax to be levied.

"The Bay

Farm Road
Fund."

Roadway;

how constructed.

CHAP. DXLV. An Act to provide for the construction of a roadway on Bay Farm Island, in the Town of Alameda.

[Approved March 30, 1878.]

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

SECTION 1. The Board of Trustees of the Town of Alameda is hereby authorized and empowered, if in its judgment it shall deem proper so to do, to levy and collect, annually, for a period of two years from and after the passage of this Act, an annual tax not exceeding ten cents on each one hundred dollars of the taxable property in said town, for the purpose of constructing a roadway over and across Bay Farm Island, in said town.

SEC. 2. Said tax shall be levied and collected at the same time and in the same manner as other taxes for town purposes, and when so collected shall be paid into a fund to be known as "The Bay Farm Road Fund," and said fund shall be used only for the purpose of the construction of said roadway.

SEC. 3. Said roadway shall be constructed under the superintendence of the Street Superintendent of said town, in accordance with the ordinance of said Board of Trustees. SEC. 4. This Act shall take effect immediately.

CHAP. DXLVI.-An Act to ratify certain contracts and ordinances of the Council of the City of Los Angeles.

[Approved March 30, 1878.]

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

contract.

SECTION 1. The Council of the City of Los Angeles is council to hereby empowered to contract for the proper sprinkling of the streets of said city, or for the supply of water for such purposes, either with the Los Angeles City Water Company, or any other party, and is empowered to provide for the payment of any compensation agreed, or to be agreed to be paid for such service, in the same manner that any other expenses on the part of said city is or shall be provided for.

CHAP. DXLVII.--An Act concerning the macadamizing, etc., of Tyler Street, from Market to Devisadero Street, and to prohibit the laying down of railroad tracks thereon.

[Approved March 30, 1878.]

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

to have

SECTION 1. The Board of Supervisors of the City and Supervisors County of San Francisco are hereby authorized and empow- authorized ered to have the roadway of Tyler Street, from Market to work done. Devisadero Street, in said city and county, macadamized, curbed with stone curbs, and stone crosswalks laid on the cross streets, sidewalks constructed thereon where not already constructed, and the sidewalks thereon reconstructed, and sewers to be constructed in said street where not already constructed. The roadway of said Tyler Street is to be excavated to a sufficient depth to permit the making a bed for said macadam to rest upon, one foot in depth, composed of good hard rock, free from dirt; said rock to be well broken and rolled down before the macadam is placed thereon. After said road bed shall have been so prepared, there shall be placed thereon the best quality of either basalt, blue gneiss, trap rock, or granite, as per sample to be furnished by the Street Superintendent of said city and county. Said rock is to be broken to an egg size before brought on the work. The bottom of the gutter-ways to be eight inches below the top of the curbs, and to be paved with basalt blocks for two and a half feet from the curbs, and the roadway to have a crown to the center of not less than six inches above the top of the curbs; it is then to be well rolled down; it is then to be covered to the depth of two inches with said rock, finely broken; after the work is done, it is again to be

rolled down. The macadam is to be twelve inches in depth at the center, and six inches in thickness at the sides, after rolling the same. The curbs and crosswalks are to be of the best California stone, clear, and of the best quality, and are to be constructed in accordance with plans on file in the office of the Superintendent of Public Streets and Highways. The sewer and sidewalks are to be constructed in conformity to plans and specifications to be furnished by said Superintendent. All surplus material is to be removed, and the work is to be done in a good and workmanlike manner, under the direction and to the satisfaction of said SuperManner of intendent. The mode and manner of letting said work, and of making and collecting the assessment to be issued for the cost of said work, shall be the same as is now in force in said city and county in relation to street work, being Article Four of the Consolidation Act.

letting

work.

Work shall

SEC. 2. When the roadway of said portion of Tyler Street be accepted. shall have been constructed, as provided aforesaid, the same shall be accepted by the Board of Supervisors, subject to such other provisions as are provided by section twenty, of Chapter Five Hundred and Sixty-two, of the Session Laws of eighteen hundred and seventy-one and two, approved April first, eighteen hundred and seventy-two, and thereafter the same shall be kept repaired and sprinkled at the expense of said city and county.

lay railroad prohibited.

Franchise to SEC. 3. The said Board of Supervisors are hereby prohibited from granting any right or franchise to lay railroad tracks upon or over said street, lengthwise of the same, between the points named.

Shade trees.

SEC. 4. Said Board of Supervisors are authorized to have shade trees planted along said Tyler Street, under such regulations as said Board may adopt, and thereafter have the same protected.

SEC. 5. This Act to take effect from and after its passage.

Supervisors to audit claims.

CHAP. DXLVIII.-An Act to authorize the Board of Supervisors of Santa Clara County to audit and pay certain claims.

[Approved March 30, 1878.]

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

SECTION 1. The Board of Supervisors of Santa Clara County are hereby authorized and empowered to audit the several claims for labor, material, and supplies furnished to E. L. Derby, as contractor for the construction of what is known as Lick Avenue, in said county, and which labor, materials, and supplies were used by said Derby in the construction of said Lick Avenue, and for which labor, materials, and supplies the said Derby has failed and neglected to pay, and said Board of Supervisors are hereby authorized and

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