Incurring debt. Board to keep account of by prisoners. ther sum of eighty-five thousand four hundred and ninetyfour dollars and seventy-three cents, now belonging to said "Branch State Prison Fund," which said amount is hereby re-appropriated to said fund, for the purpose of carrying out the provisions of this Act, and the State Treasurer is hereby required and directed to place the same in the "Folsom Branch State Prison Fund," subject only to orders for disbursement as hereinafter provided. Neither the Board of State Prison Directors, nor any one acting under, in behalf of, or for said Board, shall incur or create any debt or debts, liability or liabilities, under the provisions of this Act, nor shall they make any contract or agreement in relation to the construction of said Branch State Prison, the completion and fulfillment of which will exceed the appropriations made in this section, or the balance of such appropriation unexpended at the time such contract or agreement is entered into; all such contracts and agreements shall be void; provided, that the said State Prison Directors, if in their judgment it is advisable and will better conserve the interests of the State, are hereby authorized to adopt the plans and specifications submitted to the committee by A. A. Bennett, in relation to said Branch Prison, and may, at their discretion, contract for the completion of the two first sections of said Prison. SEC. 10. Said Board of Directors shall cause to be kept a correct account of each day's work done by each prisoner, work done whether such work was performed directly on work for the State or was leased or hired by said Directors to persons or associations doing business on their (persons' or associations') own account. To the credit of each and every prisoner doing work, as herein provided, shall be placed the sum of five cents for each day's work so performed; and upon the discharge of any prisoner from said Prison, the Warden shall certify to the Board of Directors the amount due such prisoner, as above provided, who shall immediately draw their warrant on the Treasurer in favor of such prisoner for such amount, and the Treasurer is hereby directed to pay the same; provided, that no prisoner shall receive any pay, as herein provided, unless he performs labor to the satisfaction. of said State Prison Directors, and conforms to the Prison discipline. Certain conditions necessary, otherwise Act made null and void. SEC. 11. No part of such earnings, nor any warrant drawn on the treasury therefor, shall be assignable, but the same shall only be paid out to such discharged prisoner. SEC. 12. The provisions of this Act shall be null and void, and the appropriation herein made, including the appropriation heretofore made for the erection of a Prison at or near the Town of Folsom, shall be credited back to the General Fund of the treasury, unless the State Prison Directors can make contracts on or before the thirtieth day of June, eighteen hundred and seventy-eight, with some responsible party or parties for the hire of not less than three hundred and fifty convicts for terms not less than five years, at a price not to be less than fifty cents per day for each convict; all to be worked on the Branch Prison grounds, under the charge and control of the officers of the said Prison; and unless the contracting party or parties shall enter into good and sufficient undertakings, or bonds, in the aggregate sum of two hundred and fifty thousand dollars, made to run to and to be enforced by said Directors for the use of the State, for the faithful performance of all the conditions of such contracts, one of which shall be that the wages of the convicts shall be paid promptly at the end of each month. The said Directors shall be the sole judges of the sufficiency of any bond or undertaking or security offered as herein before provided. SEC. 13. The Board of State Prison Directors are authorized to use any money received for labor to pay to expenses of supplies for the said Prison. SEC. 14. All Acts and parts of Acts in conflict with this Act are hereby repealed in so far as they conflict therewith. SEC. 15. This Act shall take effect and be in force from and after its passage. CHAP. DLXIV.-An Act to repeal an Act entitled an Act to create an irrigation district, to be called the West Side Irrigation District, approved April third, eighteen hundred and seventy-six, and an Act supplemental to said Act, entitled an Act supplemental to an Act entitled an Act to create an irrigation district, to be called the West Side Irrigation District, approved April third, eighteen hundred and seventy-six, so far as their provisions relate to the Counties of Contra Costa and Alameda. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Act entitled an Act to create an irriga- Repeal. tion district, to be called the West Side Irrigation District, approved April third, eighteen hundred and seventy-six, and the Act entitled an Act supplemental to an Act entitled an Act to create an irrigation district, to be called the "West Side Irrigation District," approved April third, eighteen hundred and seventy-six, are hereby repealed, so far as any of their provisions relate to the Counties of Contra Costa and Alameda. SEC. 2. This Act shall take effect immediately. Town of Boundaries defined. Government. CHAP. DLXV.-An Act to incorporate the Town of Berkeley, in [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The people residing within the boundaries of that tract of land in Oakland Township, in Alameda County, described in section two of this Act, are hereby constituted a body politic and corporate by the name of the "Town of Berkeley," and by that name shall have perpetual succession, may sue and be sued in all Courts, and in all actions whatsoever, and shall have and use a common seal, and alter the same at pleasure, and may purchase, receive, hold, and enjoy real and personal property, and sell and dispose of the same for the common benefit, subject to the provisions and limitations of this Act, and in no other way whatsoever. SEC. 2. The boundaries of said town shall be as follows: A line commencing at a point in the Bay of San Francisco, five hundred (500) feet south of a point where the south line of Dwight way, if extended westerly, would intersect the westerly boundary of Alameda County; thence easterly along a line five hundred (500) feet south of the southerly line of said Dwight way and said westerly extension thereof to the intersection of said line with the easterly line of College Avenue; thence southerly along the easterly line of said College Avenue to the southwesterly corner of plot seventyeight, of subdivision of Ranchos of Vincent and Domingo Peralta (as per Kellerbergen's map of same); thence easterly along the southerly line of plot seventy-eight (78) to the intersection of said line of seventy-eight (78) to a point where the easterly line of plots seventy-five (75) and seventy-six (76) if extended northerly would intersect the same; thence northerly across plots seventy-seven (77) and seventy-eight (78) to the southeast corner of plot eighty (80); thence north along the east line of plots eighty (80), eighty-two (82), and eightythree (83) to the north boundary of Alameda County; thence along said boundary to its intersection with the north line of plot eighty-three (83); thence westerly along the north line of plot eighty-three (83) to the northeasterly corner of the "Berryman Tract;" thence westerly along the north side of said tract extended to Cordonice's Creek; thence westerly along said creek to the westerly line of First Street, in Tract "B," of the lands of the "Berkeley Land and Town Improvement Association;" thence at right angles to First Street, in a straight line westerly to the westerly boundary of Alameda County; thence southerly along said west line of Alameda County to the point of commencement. SEC. 3. The government of said town shall be vested in a Board of Trustees, to consist of five members, an Assessor, a Marshal, who shall be ex officio Tax Collector, a Clerk, a Treasurer, two Justices of the Peace, and two Constables. SEC. 4. Said Board of Trustees, Assessor, Marshal, Clerk, Treasurer, Justices of the Peace, and Constables shall be Election of elected by the qualified electors of said town, on the second officers. Monday in May of each year, and shall enter upon their duties upon the first succeeding Monday thereafter. The Assessor, Marshal, Clerk, Treasurer, Justices of the Peace, and Constables shall hold their offices for one year, and until their successors are elected and qualified. The first Board of Trustees elected under the provisions of this Act shall, at their first meeting and after being duly qualified, select by lot their terms of office, two of whom shall serve for one year, two for two years, and one for three years, and thereafter the term of office shall be two years. Election. SEC. 5. All elections held under the provisions of this Board of Act shall be in accordance with the general election laws of this State. All the duties of an Election Board, which are or may hereafter be prescribed by the statutes of the State, regulating and governing elections, shall be performed by the "Board of Election" of said town, who shall be appointed by the Board of Trustees of said town, and have the same power as a Board of Election under the general laws of the State. When the returns shall have been completed, they shall be sealed and delivered by the Board of Election to the Town Clerk, who shall safely keep the same, not allowing any person to open said returns, and deliver them to the Board of Trustees at their meeting on the first Wednesday subsequent to the election. The Board of Trustees shall meet Canvassing on the first Wednesday subsequent to the election, and duly of returns. canvass the election returns in the manner prescribed by the general election laws of the State, declare the result, and direct the Town Clerk to issue certificates of election to the persons elected; provided, that the notice of the first election of officers of said town must be given by the County Judge of the County of Alameda, by publishing the same in a newspaper published in said county three weeks successively, which said notice shall designate the time when said election will be held, the boundaries of said town, the officers to be elected, the polling places, and the officers of election. The returns of said first election must be sealed, as hereinbefore provided, and delivered to said County Judge, or in case of a vacancy in the office of such County Judge, his absence, or inability from any cause to act as such, then to such other County Judge as may be designated by the Governor to act in that behalf, who must count and declare the vote and issue the certificates of election. SEC. 6. The Board of Trustees shall meet on the first Meetings of Monday after their election, qualify, and choose a President Trustees. from their number. The time and place of holding their stated meetings shall be as provided by ordinance, and they may be convened by the President at any time by written. notice, delivered to each member not less than three hours before the time specified for the proposed meeting; and all meetings of the Board shall be within the corporate limits of the town, and shall be public. In case the Clerk shall not be present, the President may appoint one of their number as Clerk pro tem. Quorum. Powers and duties of Board. SEC. 7. At the meetings of the Board a majority of the Trustees shall constitute a quorum to do business. A smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties, as the Board previously, by ordinance, may have prescribed. SEC. 8. The Board of Trustees shall judge of the qualifications of their own members and of all election returns, except of the first election herein provided for, and determine contested elections of all town officers. They may establish rules for their own proceedings, punish any member or other person for disorderly behavior in their presence. They shall keep a journal of their proceedings, and at the desire of any member, shall cause the ayes and noes to be taken on any question and entered in the journal. SEC. 9. The Board of Trustees shall have power, within said town: First-To make by-laws and ordinances not repugnant to the Constitution and laws of this State or of the United States. Second-To acquire, construct, and keep in repair pumps, aqueducts, reservoirs, or other works necessary for duly supplying the town with water, and to provide for the regulation and maintenance thereof, under the limitation hereinafter presented by this Act, and to grant permission to lay water and gas pipes in the streets of said town, with such restrictions and prohibitions as the interests of the town may demand. Third-To lay out, alter, open, and keep open, and repair the streets, sidewalks, and alleys of the town, and regulate the traffic thereon, and determine the width and grade of all streets and sidewalks in the town, and to set out, and cause to be set out and cultivated, shade trees along said streets, and to regulate and direct the planting of the same. Fourth-To provide such means as they may deem necessary to protect the town from injuries by fire. Fifth-To impose and collect a road poll tax of not exceeding two dollars per annum on every male inhabitant of the age of twenty-one and less than sixty years, and no other road poll tax shall be collected within the limits of the Town of Berkeley. Sixth-To impose and collect a tax of not to exceed two dollars per annum on every dog owned within the limits of the town, and no other dog tax shall be collected within the limits of said town. Seventh-To provide for the draining, the establishing of grades, improvements, repairs, and lighting of the streets, and the construction of sidewalks, drains, and sewers, and keeping the same in repair; to regulate and prevent the business of slaughtering animals within the limits of the town; to provide for the prevention and summary removal of all nuisances; to provide for the prevention and summary removal of all occupations detrimental to the public health, comfort, and safety, and to provide for prevention and regulation of contagious diseases; to suppress or regulate the |
