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Payment of Contractor may be

may also require a certified check or certificate of deposit, payable to their order, for such sum as they may direct, to accompany each bid, as a guaranty of good faith, the same to be forfeited to the district in case the bidder fails to enter into any contract awarded to him. The Board may reject all bids and readvertise; but no contract shall, in any event, be awarded to any but the lowest bidder.

SEC. 12. The Board of Commissioners may, under such restrictions as may be contained in the contracts, allow parmade; how. tial payments to be made to any contractor during the progress of his work; but no such partial payment shall be made on any but completed work, and only on the certificate of the Chief Engineer, showing the amount of work completed according to the plans and specifications; and no such partial payment shall exceed seventy-five per cent. of the amount due for such completed work. The Board may cause any urgent repairs to be made in any of the works after completion, without advertising for proposals.


Meetings of
Board to be



tion of Board.

SEC. 13. All claims under contracts, or for salaries, wages, or other expenses, shall be paid only out of the Construction Fund. Neither said Board of Commissioners nor any other officer of said district shall have power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the amount of bonds hereby authorized to be issued; and any debt or liability in excess of said amount shall be and remain absolutely void.

SEC. 14. All meetings of the Board of Commissioners for the purpose of adopting plans, canvassing election returns, levying assessments, opening proposals, awarding contracts, or approving work done under contracts, shall be open and public. The records of the Board, and of every officer of said district, and all the plans, maps, and other papers thereof, shall, at all times during reasonable office hours, be open to inspection by any person. Thirty days before the beginning of each session of the Legislature of the State, the Board shall transmit to the Surveyor-General a full and detailed account and report of all proceedings had under this Act since the date of the next preceding report, which report shall, by the Surveyor-General, be laid before the Legislature.

SEC. 15. Nothing in this Act contained shall be so construed as to prevent said Board from constructing any of the works herein authorized, at points outside of said district, or from condemning any lands outside of said district, for the necessary rights of way, or for the purpose of obtaining materials for the construction of such works.

SEC. 16. Each member of the Board of Commissioners shall receive the sum of one hundred and fifty dollars per month, and his actual expenses incurred while engaged in traveling on the business of the district. The Secretary shall receive a salary of one hundred and fifty dollars per month. Each member of the Board of Commissioners, and each Secretary and Treasurer shall, before entering upon the duties of his office, file in the office of the Secretary of State a bond, with sureties, to be approved by the Attorney-General, for the

amount herein specified, payable to the people of the State
of California, and conditioned for the faithful performance
of the duties of his office. Such bond may be sued upon by
any person injured. The bond of each member of the Board Bond.
of Commissioners shall be in the penal sum of two hundred
thousand dollars, the bond of the Treasurer shall be in the
penal sum of five hundred thousand dollars, and the bond
of the Secretary shall be in the penal sum of fifty thousand

SEC. 17. Any Commissioner, Treasurer, Secretary, Com- Felony. missioner of Assessment, engineer, officer, or employé of said District, who shall, in any manner, either directly or indirectly, be interested in any contract awarded, or to be awarded, or in the profits to be derived therefrom, or who shall willfully or corruptly accept or receive any consideration, valuable or otherwise, to influence him in any official act or vote, or who shall willfully or corruptly make any false report, record, certificate, or estimate, shall be deemed guilty of a felony, and shall be punished by imprisonment in the State Prison for a period of not less than one year nor more than five years; and such conviction shall work a forfeiture of his office. The provisions of sections seventy-six and one hundred and seventy-six of the Penal Code are hereby made applicable to the persons mentioned in this section.


SEC. 18. No Chinese labor shall be employed upon any Chinese works done under the provisions of this Act, and a clause to labor not that effect shall be inserted in every contract; and a violation of such clause shall subject such contractor to a forfeiture of all moneys to be received under such contract. In constructing the works mentioned in section one of this Act, the cut near the Montezuma Hills, in Solano County, shall be first constructed, and no opening shall be made from any river or stream into any of said canals, nor any water permitted to flow therein, until such canal is in a condition to carry such water into Suisun Bay.

SEC. 19. If the result of the elections required by section Assessment four of this Act be adverse to the prosecution of works, the levied. Board of Commissioners shall levy and cause to be collected an assessment upon the lands within the district for the purpose of defraying the expenses already incurred, including the expense of assessing and collecting such assessment. The Board shall levy the same and cause the same to be assessed and collected in such manner as it may direct; and the same shall constitute a lien on said lands from and after the date of such levy. The provisions of this Act shall only be applicable to the lands in the Counties of Sacramento, Yolo, and Solano, and shall not be so construed as to affect any other lands.


SEC. 20. Immediately after the passage of this Act, the Copies to be Secretary of State shall cause to be printed two hundred and printed and fifty copies thereof, and shall deliver to the Governor, Controller, Surveyor-General, and Treasurer, ten copies each; to the Auditors and Tax Collectors of each of the counties herein before mentioned, ten copies each; and the balance of

such copies to the Board of Commissioners, upon their appointment and qualification.

SEC. 21. This Act shall take effect immediately.

CHAP. DCXLIV.-[See volume of Amendments to the Codes.]

CHAP. DCXLV.-[See volume of Amendments to the Codes.]

Tax to be levied.

Duty of


CHAP. DCXLVI.-An Act concerning roads and highways in the County of Monterey.

[Approved April 1, 1878.]

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

SECTION 1. The Board of Supervisors of the County of Monterey are hereby authorized to levy a tax, not to exceed three cents on the one hundred dollars of the taxable property of the said county, to pay off the indebtedness of Monterey, Castroville, and Alisal Road District, Number Seven. All surplus, if any, after paying said indebtedness, shall be transferred to the Current Expense Fund.

SEC. 2. The Board of Supervisors shall have special superSupervisors. vision of the public roads in their respective Supervisorial Districts, and it is hereby made the duty of each Supervisor (except the Supervisor at large) to visit all the public roads in their respective districts twice a year, prior to the meeting of the Board in February and August terms of said Board. Compensa The pay of each member whilst thus visiting the roads is hereby limited to four dollars per day, they to pay their own expenses, and the time they may employ in thus visiting the roads is hereby limited to fifteen days at each time, or thirty days per annum. Before any compensation is allowed any member for said services in visiting the roads, he shall present to the Board a sworn statement that he has visited the roads, and the number of days actually spent in thus visiting the same.

SEC. 3. This Act shall take effect and be in force from and after its passage.

CHAP. DCXLVII.-An Act to confer further powers upon the Board of Supervisors of the City and County of San Francisco.

[Approved April 1, 1878.]

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


SECTION 1. The Board of Supervisors of the City and Payment County of San Francisco are hereby authorized and empow- of claim ered to order paid to M. J. Kelly the sum of fifteen hundred and sixty-one dollars in United States gold coin, which said amount remains due and unpaid to the said M. J. Kelly for work done and materials furnished by the said Kelly in reconstructing, under the direction of the Superintendent of Public Streets, Highways, and Squares, certain street corners, so-called, in said city and county, theretofore duly accepted by the said city and county.

SEC. 2. The Auditor of the said City and County of San Francisco is hereby authorized and empowered to audit the said sum, and to issue his warrant therefor to said M. J. Kelly, and upon the presentation of said warrant to the Treasurer of the City and County of San Francisco said Treasurer shall pay the said warrant, as other indebtedness of the said City and County of San Francisco, in United States gold coin, to the said M. J. Kelly, or his assigns.

SEC. 3. This Act shall take effect immediately.

CHAP. DCXLVIII.-An Act entitled an Act to provide sewerage for the City of Santa Cruz.

[Approved April 1, 1878.]

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


SECTION 1. The City of Santa Cruz is hereby authorized Construction and empowered to construct a main sewer, from a point at of sewer or near the base of the hill known as Mission Hill, and to extend southerly to the Pacific Ocean. Said sewer to be located and constructed upon the most practicable line between said points, and upon a line not further west than Chestnut Street, and not further east than the east side of Front Street. Said sewer may be constructed in such manner, of such dimensions, and with such materials as the City Council may direct.

to do work.

SEC. 2. The Council shall cause to be prepared plans and Advertisespecifications of said work, in sections, and shall advertisement for for four weeks, in at least two weekly newspapers published in said City of Santa Cruz, if there be two weekly newspapers published in said city; if not, then in one weekly newspaper, for sealed proposals for constructing said sewer.


and sale of bonds.


Interest coupons.

Sale of bonds.

The work may be let in sections, and must be let to the lowest responsible bidder, the Council having the right to reject any and all bids. The work shall be done and the material furnished under the supervision and to the satisfaction of the Mayor or Street Committee of the Common Council of said city.

SEC. 3. To enable the City of Santa Cruz to pay for said. sewer, the Mayor and Common Council are hereby authorized to issue and sell the bonds of said city for the required amount, which shall not exceed in the aggregate the sum of twenty thousand dollars, payable in five years from the date of issue, in gold coin of the United States, bearing interest at the rate of eight per cent. per annum, payable semi-annually. The principal and interest shall be paid at the office of the City Treasurer of the said City of Santa Cruz.

SEC. 4. Said bonds shall be issued in sums of not less than one hundred dollars each, nor more than five hundred dollars each; shall be signed by the Mayor and Treasurer of the city, and the seal of the city shall be affixed thereto. Coupons for the interest shall be attached to each bond, signed by the Mayor and Treasurer.

SEC. 5. Before the sale of said bonds, the Council shall, at a regular meeting, by resolution, declare its intention to sell a specified amount of said bonds, stating the day, hour, and place of such sale, and shall cause said resolution to be entered in the minutes, and shall cause notice of such sale to be published for twenty days, in at least one weekly newspaper printed in the City of Santa Cruz, and in at least one newspaper of general circulation published in the City of San Francisco. The notice shall state that sealed proposals will be received by the Council for the purchase of bonds, on the day and hour named in the resolution. The Council, at the time appointed, shall open the proposals, and award the purchase of bonds to the highest bidder, but may reject all bids.

SEC. 6. The Council may sell said bonds at not less than par value, without the notice provided for in the preceding section.

Sewer Fund. SEC. 7. The proceeds of the sale of the bonds shall be deposited in the city treasury, to the account of a fund to be called the "Sewer Fund," and no payment therefrom shall be made except by order of the Mayor, and upon his certificate to the Treasurer that the work provided for by this Act has been performed according to contract.

Lands assessed.

SEC. 8. The following lands (except public streets and highways included therein), within the limits of the city, which are capaple of being drained by said sewer, shall be equally assessed, according to law, to pay said bonds and the interest thereon: Beginning at the mouth of the San Lorenzo River and running thence up the west bank of said river to River Street; thence along River Street to Potrero Street; thence along Potrero Street to High Street; thence along High Street; thence down and along Bay Street to Pacific Avenue; thence along Pacific Avenue to

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