for condem land where deed of is given. land situate in the said street, as the same is now open from Proceedings Market Street to Howard Street, in said city and county, to be taken shall tender to the Board of Supervisors of said city and nation of county a deed of conveyance of so much of the land embraced within the limits of said street, as the same is now opened, conveyance as is owned by them, conveying the same to said city and county, free from incumbrance, for the purposes of an open public street, and shall also give to said city and county good and sufficient security, to be approved by said Board of Supervisors, for the payment, without cost to said city and county, of the compensation which may be awarded to the owners or claimants of the remainder of the land embraced within the limits of said street, and not embraced within the deed so offered, by reason of the appropriation thereof to public use, it shall be lawful for the said Board of Supervisors to cause proceedings to be instituted and prosecuted to final judgment, under Part Three, Title Seven, of the Code of Civil Procedure of this State, in the name of the City and County of San Francisco, for the condemnation of the lands necessary to be so taken to make said Montgomery Street South, as the same is now open, an open public street of said city; and upon final judgment in said case, and the payment by the parties giving such security of the compensation awarded therein, and the costs of such proceedings. incurred by said city and county, the said Board of Supervisors shall accept the deed so offered, and enter upon and take possession of the lands thereby conveyed, and of the lands so condemned, and make and declare the said Montgomery Street South an open public street of said city. Proceedings under this section may be taken at any time before or after the proceedings provided for in the previous sections of this Act are instituted, and if successful, shall terminate all other proceedings under this Act. The failure of the first or any subsequent attempt to acquire property under this Act, for the purposes herein named, at any stage of the proceedings, shall not operate to extinguish the power of said city and county to acquire said property for the purpose and in the mode and manner herein provided; but new proceedings may be had for the purpose, and in the mode and manner prescribed in this Act, and by the authorities herein provided, as often as may be necessary, until said property shall be acquired by said city and county for an open public street of said city and county. SEC. 22. This law, and all acts and proceedings under the Repeal. same, shall be liberally construed. An Act entitled "An Act to make, open, and establish a public street in the City and County of San Francisco, to be called Montgomery Street South, and to take private lands therefor," passed March seventeenth, eighteen hundred and seventy, and which became a law April first, eighteen hundred and seventy, under the operation of the Constitution, and all Acts supplementary or amendatory of the same are hereby repealed. The Board of Commissioners appointed under the provisions Delivery of of said Act, or any Acts amendatory or supplementary to the certain same, and their successors in office, are hereby directed and to Board. documents required to deliver to the Board of Commissioners under this Act, all reports, abstracts, maps, surveys, and generally all papers and documents connected with their said office, upon request of said Board last named; provided, that wherever the publication of notice, or proposals, or any matter to be published in a newspaper is mentioned in this Act it shall be considered to include the official newspaper of said city and county. SEC. 23. This Act shall take effect from and after its pas sage. Bond redemption tax. CHAP. DXCII.-An Act to provide for the payment of certain outstanding bonds of the County of Alameda. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of and interest Alameda is hereby authorized and directed, at the same time and in the same manner as is or may be provided by law for the levying and collecting of the usual and ordinary taxes of said county, to levy and collect upon all the taxable property within said county, annually, a sum sufficient to pay, each year, in the order in which it has or shall become due, one of the bonds, with the interest thereon, now outstanding and unpaid, and also the interest then due or to become due during the year upon the remainder of the bonds issued by the said county under and pursuant to an Act supplemental to and amendatory of an Act entitled an Act to authorize the construction of a swing or draw-bridge across the San Antonio Creek, in the County of Alameda, approved April fourth, eighteen hundred and seventy, approved February twelfth, eighteen hundred and seventy-two; said levy to be continued each year until all of said outstanding bonds and the interest thereon shall be paid. The said tax to be assessed by the Assessor and collected by the Collector elected by the qualified electors of said County of Alameda, at the same time and in the same manner as is or may be provided for assessing and collecting the ordinary taxes of said county. SEC. 2. All moneys collected pursuant to the provisions of section one of this Act shall be deposited in the county treasury, to the account of a fund to be called the Alameda Draw-bridge Fund, and shall be exclusively applied to pay the principal and interest upon all the aforesaid outstanding bonds. And it shall be the duty of the County Treasurer of said county to pay the interest on said bonds, as the same becomes due, out of the money provided for that purpose. Draw-bridge SEC. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, and this Act shall take effect immediately. CHAP. DXCIII.-An Act to quiet title to land in the County of Yolo. [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The State of California hereby relinquishes to Land relinGeorge Herget a certain piece of land in the County of Yolo, quished. bounded by swamp land survey number six hundred and fifty-three, swamp land survey three hundred and fifty-four, and the Sacramento River; provided, no adverse rights have intervened. SEC. 2. This Act shall take effect from and after its passage. CHAP. DXCIV.-An Act to confer further powers upon the Board of Supervisors of the City and County of San Francisco, and upon the Auditor and Treasurer thereof, and to authorize certain appropriations of money by said Board. [Approved April 1, 1878.] The People of the State of California, represented in Senate and construction SECTION 1. The Board of Supervisors of the City and Authorizing County of San Francisco are hereby authorized and empow- of sewers. ered to construct a sewer, of such material and capacity as the said Board may determine, on the most practicable line from the crossing of Lombard and Octavia Streets to the waters of the Bay of San Francisco, for the purpose of draining the lagoon known as Washerwoman's Bay, in said city and county; and are authorized and empowered to appropriate and order paid out of the General Fund such sum as may be necessary for such purpose, not to exceed the sum of twenty-five thousand dollars, and the Auditor is directed to audit and the Treasurer to pay the same. SEC. 2. This Act shall take effect from and after its passage. CHAP. DXCV.-[See volume of Amendments to the Codes.] CHAP. DXCVI.-[See volume of Amendments to the Codes.] construction CHAP. DXCVII.-An Act to enable railroad companies to complete their railroads. [Approved April 1, 1878.] The People of the State of California, represented in Senate and Authorizing SECTION 1. Every railroad company heretofore organized Cars under the laws of this State, and which has completed a portion of its road prior to the passage of this Act, is hereby authorized and empowered to complete its road as described in its articles of incorporation, notwithstanding it may not have begun the construction of its road within two years after filing its original articles of incorporation, and notwithstanding it may not have completed and put in operation five miles of its road each year thereafter. SEC. 2. This Act shall take effect from and after its passage. Boundaries of Twentythird Ju dicial District defined. CHAP. DXCVIII.-An Act creating the Twenty-third Judicial [Approved April 1, 1878.] The People of the State of California, represented in Senate and SECTION 1. The Twenty-third Judicial District shall be composed of that portion of the City and County of San Francisco described as follows: Commencing at the eastern boundary line of said city and county, at a point in a line with the center of Market Street; thence southerly along the center line of Market Street to its intersection with the easterly line of Kearny Street; thence northerly along said eastern line of Kearny Street to the center of California Street; thence easterly along the center line of California Street to the northerly line of Market Street; thence easterly along the northerly line of Market Street, and in the same course, to the eastern boundary of said city and county; thence southerly along said eastern boundary of the City and County of San Francisco to the place of commencement; also commencing at the point of intersection of the center line of Market Street with the eastern boundary line of the City and County of San Francisco; thence running southwesterly along the center line of Market Street to its intersection with the center line of Second Street; thence southeasterly along the center line of Second Street to its intersection with the center line of Harrison Street; thence northeasterly along the center line of Harrison Street to the eastern boundary line of said City and County of San Francisco; thence northwesterly along said eastern boundary line to the point of commencement; and such Court-room or rooms as may be hereafter assigned to said district, by competent authority, in the New City Hall building, in the City and County of San Francisco. SEC. 2. The Third Judicial District shall be composed of the County of Alameda, State of California. Judicial defined. SEC. 3. The Twelfth Judicial District shall be composed of Boundaries the County of San Mateo, and all that portion of the City and of Twelfth County of San Francisco described as follows: Commencing District at the western boundary of the City and County of San Francisco, at a point in a line with the center of Ridley Street; thence easterly in a line with and through the center of Ridley Street to the center of Market Street; thence easterly along the center of Market Street to a point in a line with the center of Kearny Street; thence northeasterly along the center of Kearny Street to a point in a line with the northern side of the City Hall or Court-house; thence easterly and along the northern line of the City Hall or Court-house to a point 65 feet from the eastern line of Kearny Street; thence at a right angle southerly to the southern line of the City Hall or Court-house; thence along the southern line of that building to the eastern line of Kearny Street; thence southerly along the eastern line of Kearny Street to the center of Market Street; thence northeasterly along the center of Market Street to the point of its intersection with the center line of Second Street; thence southeasterly along the center line of Second Street to its intersection with the center line of Harrison Street; thence northeasterly along the center line of Harrison Street to the eastern boundary of the City and County of San Francisco; thence southerly along said eastern boundary, and westerly along the southern boundary, and northerly along the western boundary, to the place of commencement. office. SEC. 4. The District Judges of the Third and Twelfth ContinuaJudicial Districts, as herein defined, shall continue to be the tion of respective Judges of said districts until the expiration of their respective terms of office. District SEC. 5. The Governor shall appoint, immediately after Appointthe passage of this Act, some suitable person as District ment of Judge of the Twenty-third Judicial District, who shall hold Judge. his office until the election and qualification of his successor at the next special judicial election. SEC. 6. The District Judge of the Twenty-third Judicial Salary. District shall receive the sum of six thousand dollars per annum, which salary shall be payable at the same time and in the same manner as the salaries of other District Judges are paid. SEC. 7. The County Clerk of the City and County of San Transfer of Francisco shall be ex officio Clerk of the District Court of Clerks. the Twenty-third Judicial District, in and for said city and county, and the Register Clerk, Court-room Clerk, and Copying Clerk, heretofore appointed by the County Clerk of the City and County of San Francisco, as the Clerks of the Third Judicial District Court, shall be transferred as the Clerks of the said Twenty-third Judicial District Court. The salaries of such Clerks to remain the same. |